Commercial sellers of alcoholic beverages may be liable for

damages to a third party suffered at the hands of a drunk driver on a theory of

negligent overservice of a person apparently under the influence of alcohol. This case

calls for examination and clarification of the evidence necessary to properly establish a

triable issue of fact regarding negligent overserv... More...   $0 (07-16-2009 - WA)

At issue today is whether the district court erred in dismissing the plaintiff’s negligence suit arising out of an accident in which her husband, a sergeant in the United States Army, was severely injured in May 2004 while serving as an armed escort for a large military convoy traveling through a war zone in Iraq. The district court held that the suit was non-justiciable on political question gr... More...   $0 (07-11-2009 - )

Josiah Stone, a pro se plaintiff, brought a discrimination claim alleging that Elohim, Inc. had unlawfully evicted him from his land because of his race and disability. The district court dismissed his action for failure to state a claim. Mr. Stone has appealed that dismissal, and we now affirm.

I. BACKGROUND

As best we can tell from his complaint, Mr. Stone resided on eight acres of... More...   $0 (07-10-2009 - OK)

John Hudson (“Hudsonâ€�) was a partner at KPMG LLP from 1984 until 1999, practicing public accountancy in Texas. He did not, however, have the required Texas license to practice. It is alleged that KPMG LLP’s Texas license and registration were therefore improper; its participation in Texas’s publicaccountancy market, unlawful. It is further alleged that KPMG LLP managed to maintain its Texa... More...   $0 (07-10-2009 - TX)

Dr. Royal Benson, a doctor specializing in obstetrics and gynecology, had his medical privileges terminated at the defendant hospital. He alleges that this occurred as a result of a malicious and unreasonable peer review. Benson sued the hospital and numerous individuals involved in the peer-review process. The district court granted summary judgment to all Defendants. For the reasons that follow,... More...   $0 (07-10-2009 - TX)

This is an interlocutory appeal from the trial court=s order denying appellant David Pearl=s special appearance and motion to dismiss an internet defamation claim filed by appellee Dale Abshire. We reverse the trial court=s order and dismiss the case.

I. Background Facts

Dale Abshire brought suit against David Pearl alleging that Pearl made sev... More...   $0 (07-09-2009 - TX)

As Justice Holmes once remarked, “pretty much all law consists in forbidding men to do some things that they want to do.â€� Adkins v. Children’s Hospital, 261 U.S. 525, 568, 43 S. Ct. 394, 405 (1923) (Holmes, J., dissenting). In this case the Randolph County Board of Registrars wanted to change the voting registration of Henry Cook, a member of the county’s board of education, which also wou... More...   $0 (07-07-2009 - GA)

This appeal concerns the existence and scope of an easement to use a lakeside tract on Lake Travis as a recreation and private park area. Craig and Sheila Nickels, the owners of the lakeside tract and other land in the subdivision Travis Peak Estates, appeal the district court's judgment in favor of appellees who are property owners and residents in the subdivision. (1) The district court declared... More...   $0 (06-18-2009 - TX)

Plaintiffs are homeowners in Maryland who purchased title insurance from Ticor Title Insurance Company of Florida when they refinanced their mortgages. They allege that Ticor charged them rates that were higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner. And plaintiffs claim that Ticor, by splitting these excessive charges with its local agents, violated S... More...   $0 (06-18-2009 - MD)

¶1 Gordon Todd Skinner was charged and convicted of Conspiracy to Commit Kidnapping AFCF, under 21 O.S.2001, § 421 (Count I); Kidnapping AFCF, under 21 O.S.2001, § 741 (Count II); and Assault and Battery with a Dangerous Weapon AFCF, under 21 O.S.2001, § 645 (Count III), in the District Court of Tulsa County, Case No. CF-2003-4213. 1 In accord with the jury’s recommendation, the Honorable ... More...   $0 (06-11-2009 - OK)

¶1 Gordon Todd Skinner was charged and convicted of Conspiracy to Commit Kidnapping AFCF, under 21 O.S.2001, § 421 (Count I); Kidnapping AFCF, under 21 O.S.2001, § 741 (Count II); and Assault and Battery with a Dangerous Weapon AFCF, under 21 O.S.2001, § 645 (Count III), in the District Court of Tulsa County, Case No. CF-2003-4213. 1 In accord with the jury’s recommendation, the Honorable ... More...   $0 (06-11-2009 - OK)

This is a review of a published court of appeals' decision1 that reversed and remanded the decision of the Milwaukee County Circuit Court, Jeffrey A. Kremers and Jean W. DiMotto, Judges.2 The circuit court granted the defendants' ——Virchow Krause & Company, LLP, and Donald Vilione (collectively hereinafter "the accountants")——summary judgment motion thereby dismissing the claims of the pla... More...   $0 (06-10-2009 - WI)

Dr. Jon Dodson and Forest Park Medical Clinic PA sued Allstate Insurance Co. on defamation, civil conspiracy and other theories claiming that he and his medical practice were harmed by the wrongful conduct of Allstate.

The defenses asserted by Defendant are not available.... More...   $21000000 (06-06-2009 - AR)

This appeal is about whether the plaintiff, Coalition for ICANN Transparency, Inc., using antitrust statutes drafted in the late 19th century, has successfully stated claims in connection with the administration of the Internet domain name system, so essential to the operation of our sophisticated 21st century communications network. The district court ruled that the plaintiff failed. With the ben... More...   $0 (06-05-2009 - CA)

Gregory Daniels sued Balcones Woods Club, Inc. ("Balcones Woods Club"), Douglas Huyck, John Schexnayder, Thomas Terry, Bonnie Lockhart, and William Dugat III, individually and as managing partner of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. ("Bickerstaff Heath") for damages arising out of their conduct in pursuing an earlier lawsuit that resulted in Daniels's being permanently ... More...   $0 (05-25-2009 - TX)

Defendants in this action, cigarette manufacturers and trade organizations, appeal from the district court’s judgment finding them liable for conducting the affairs of their joint enterprise through a pattern of mail and wire fraud in a scheme to deceive American consumers. They also appeal from the district court’s remedial order, which imposes numerous negative and affirmative duties on Defe... More...   $0 (05-23-2009 - DC)

In this declaratory judgment action, South Carolina Municipal Insurance and Risk Financing Fund (Insurer) appeals the circuit court’s order finding the Insurer had a continuing duty to defend the City of Hartsville (City) and ordering it to pay the City the costs it incurred from having to defend against a suit brought by a Hartsville landowner. Pursuant to Rule 204(b), SCACR, this Court certif... More...   $0 (05-18-2009 - SC)

Respondent Javaid Iqbal is a citizen of Pakistan and aMuslim. In the wake of the September 11, 2001, terroristattacks he was arrested in the United States on criminal charges and detained by federal officials. Respondentclaims he was deprived of various constitutional protections while in federal custody. To redress the allegeddeprivations, respondent filed a complaint against numerous federal off... More...   $0 (05-18-2009 - NY)

Plaintiff Ayesha Wiley, pro se, appeals the district court’s decision granting summary judgment to the Defendants – Sandra Houghland, the City of Oberlin, various City police officers, and the City prosecutor – because Wiley did not demonstrate an actionable violation of her constitutional rights. She argues that the district court erred in granting the motion because it made incorrect findi... More...   $0 (05-15-2009 - OH)

CACI International ("CACI") appeals the district court’s decision that its insurer, St. Paul Fire and Marine Insurance Company ("St. Paul"), had no duty to defend CACI against claims alleging torture and abuse at Abu Ghraib and other prisons in Iraq. CACI acknowledges that the insurance policies at issue in this case generally limit coverage to the United States and Canada. Still, CACI argues th... More...   $0 (05-14-2009 - VA)

This case arises out of an insurance dispute. Idaho Counties Risk Management Program Underwriters (ICRMP) appeals the district court‘s grant of summary judgment in favor of ICRMP‘s insurer, Northland Insurance Companies (Northland), holding that Northland had no duty to reimburse ICRMP for costs it incurred on behalf of its insureds in the defense and settlement of a lawsuit filed by Donald M.... More...   $0 (05-14-2009 - ID)

These are consolidated cases in which plaintiffs are residents of Van Lopik and Limberlost subdivisions in Robinson Township who assert tort claims and constitutional violations against the township, its board members (Berens, Frye, Clark, Kuyers, Mulligan, Korving, Kuncaitis, Masko, Rayla, Stille, Harmon), its building officials (Easterling & Forner), and others, after the Grand River flooded in ... More...   $0 (05-12-2009 - MI)

This appeal involves the standards for pleading with particularity fraud claims brought under two subsections of the False Claims Act ("FCA") concerned with making false records or statements to get false claims paid and conspiring to defraud the government by getting false claims paid. 31 U.S.C. § 3729(a)(2) and (a)(3).

Plaintiffs mistakenly read the Supreme Court's 2008 opinion ... More...   $0 (05-08-2009 - MA)

Petitioner Sam Wyly was an absent class member in a federal securities class action lawsuit; an absent class member is a member of a putative or certified class who is not a named party (see Hansberry v Lee, 311 US 32, 40-41 [1940]). Respondents Milberg Weiss Bershad & Schulman, LLP; Stull, Stull & Brody; and Schiffrin & Barroway, LLP (collectively, the law firms) served as class counsel in the li... More...   $0 (05-07-2009 - ny)

In this qui tam action, filed by August Arnold, the Relator alleges that the Defendants, consultants who provided services to the Pennsylvania Department of Transportation (“PennDOTâ€�), falsified their credentials to qualify for higher pay rates. Arnold contends that, as a result, the consultants defrauded the federal government, which funded the contracts at issue, in violation of the False Cl... More...   $0 (05-05-2009 - PA)