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Conspiracy Law
SBG Development Services, L.P. v. NuRock Group, Inc.

The primary issue we address in this interlocutory appeal is whether a defendant who elects to have his motion to strike the plaintiff’s pleadings and to dismiss the plaintiff’s claims against him heard prior to his special appearance has thereby made a general appearance and waived his special appearance. Because we answer this question in the affirmative, we will reverse the trial court’s... More...   $0 (11-03-2011 - TX)

Mohammad Mirmehdi v. United States of America

We are asked to decide, among other things, whether an alien not lawfully in the United States may sue for monetary damages claiming constitutionally invalid detention.


Mohammad, Mostafa (“Michael”), Mohsen, and Mojtaba Mirmehdi (collectively the “Mirmehdis”) are four citizens of Iran who came to the United States at various times, purportedly due to their long-standing opp... More...
   $0 (11-03-2011 - CA)

United States of America v. Chester Randall

A jury convicted Defendant-Appellant Chester Randall, Jr., of one count of conspiracy to commit a Racketeer Influenced and Corrupt Organizations Act (RICO) violation. The district court then sentenced Randall to forty-six months’ imprisonment. Randall now appeals to this Court, arguing (1) that the district court abused its discretion by failing to instruct the jury about the affirmative defens... More...   $0 (11-01-2011 - CO)

Rose Acre Farms, Inc. v. Columbia Casualty Co.

The plaintiff, Rose Acre, the nation’s second-largest producer of eggs, has along with other egg producers been charged in a number of class action suits with conspiring to fix the price of eggs, in violation of section 1 of the Sherman Act. (It has been embroiled in antitrust litigation before, perhaps because it has been so successful. See A.A. Poultry Farms, Inc. v. Rose Acre Farms, Inc., 881... More...   $0 (11-01-2011 - IN)

Crest Construction II v. John Doe

Crest Construction II, Inc. (Crest) and Metro Energy, Inc. (Metro) (collectively, Plaintiffs) brought this action against several defendants alleging violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 28 U.S.C. § 1961 et seq., and raising several state law causes of action. The district court2 granted the Defendants’ motion to dismiss the RICO claim and declined to exe... More...   $0 (10-31-2011 - MO)

Robert Lowry, M.D. and Neurology and Neurophysiology Associates, PA v. Peter A. Tarbox, M.D

Almost five years ago, a justice on this panel expressed concern about the gamesmanship being spawned in the area of the law involving health care liability claims and expert reports. See Regent Care Ctr. of Laredo v. Abrego, No. 04-06-00518-CV, 2006 WL 3613190, at *1 (Tex. App.—San Antonio Dec. 13, 2006, pet. denied) (Speedlin, J., concurring) (mem. op.). This appeal raises the same concern. Th... More...   $0 (10-26-2011 - TX)

Ingrid Amalfis Santos-Reyes v. Attorney General of the United States

Ingrid Amalfis Santos-Reyes asks us to review the Board of Immigration Appeals’ decision to affirm the immigration judge’s pretermition of her application for cancellation of removal. Santos-Reyes maintains that the BIA erred by misinterpreting the stop-time rule (8 U.S.C. § 1229b(d)(1)) resulting in a miscalculation of her years of continuous residence. We will deny the petition.

I... More...
   $0 (10-26-2011 - )

Andre Harrison v. Michael Addington

¶ 1 Appellant-plaintiff, Andre Harrison, appeals the trial court’s grant of summary judgment on behalf of appellees-defendants, Michael Addington, James Olson, Roy DeVault, Sherri Martin, Jeff Chisholm, Steven Brockway, Mark Digney and Metroe Hornbuckle. ¶ 2 Counts II and IV of the third amended complaint allege that Olson and DeVault defamed appellant by repeating the false statements that ap... More...   $0 (10-25-2011 - IL)

Alexis Holyweek v. Rio Tinto, PLC

This is an Alien Tort Statute (ATS) case arising out of the operations of Rio Tinto mining group (Rio Tinto) on the island of Bougainville in Papua New Guinea (PNG) and the uprising against Rio Tinto in the late 1980’s that resulted in the use of military force and many deaths. The Plaintiffs are current or former residents of the island of Bougainville. The ATS provides that “district courts ... More...   $0 (10-25-2011 - CA)

William Miller v. Donna Arbogast

Plaintiff-Appellant, William Miller, appeals from the entry of summary judgment in favor of Defendants Donna Arbogast, Michael Fox, and Paul Spiers in this 42 U.S.C. § 1983 malicious prosecution action. Miller’s claims arise from the investigation of the 1999 murder of Girly Hossencofft in Albuquerque, New Mexico. The district court granted summary judgment to all defendants because Miller fail... More...   $0 (10-25-2011 - NM)

American Diamond Exchange, Inc. v. Scott Alpert

The defendant Jurgita Karobkaite1 appeals2 from the judgment of the trial court, following a remand from the Appellate Court; see American Diamond Exchange, Inc. v. Alpert, 101 Conn. App. 83, 920 A.2d 357, cert. denied, 284 Conn. 901, 931 A.2d 261 (2007); for a recalculation of damages based on the existing record. On remand, the trial court awarded $103,355.68 in damages to the plaintiff, America... More...   $0 (10-21-2011 - CT)

Brewster McCauley v. City of Chicago

Mersaides McCauley was shot and killed by her ex-boyfriend Glenford Martinez as she left the parking lot of her church in Chicago. Martinez then turned the gun on himself. At the time of the murdersuicide, Martinez was on parole for an earlier homicide and had a history of harassing and assaulting McCauley in violation of his parole and a court order of protection issued on her behalf. Chicago law... More...   $0 (10-20-2011 - )

April Gallop v. Richard Cheney

PER CURIAM: In an April 27, 2011 opinion in the above-captioned appeal, Gallop v. Cheney, 642 F.3d 364 (2d Cir. 2011) (“Gallop I”), this Court (1) affirmed the order of the District Court dismissing plaintiff-appellant April Gallop’s complaint as frivolous1 and (2) ordered Gallop and her counsel of record, Dennis Cunningham, Mustapha Ndanusa, and William Veale, to show cause in writing with... More...   $0 (10-16-2011 - )

Gray Wireline Service, Inc. v. Larry R. Cavanna

This is an interlocutory appeal from three orders that (1) reformed several employment agreements, (2) compelled arbitration in part and denied a stay of the balance of the litigation involving third parties during the pendency of the arbitration, and (3) granted a temporary injunction. See TEX. CIV. PRAC. & REMEDIES CODE ANN. § 51.016 (West 2008). Gray Wireline Service, Inc. complains that the t... More...   $0 (10-13-2011 - TX)

Key Operating & Equipment, Inc. v. Will Hegar and Loree Hegar

Advanced Micromagnetics, Inc. (“AMI”), appeals from a summary judgment in favor of Torch Energy Advisors, Inc., Torch E&P Co., Rockport Resources Capital Corp., and NM Back Nine Exploration Partners, LLC (collectively, “Torch” or the “Torch Defendants”). We reverse and remand for further proceedings consistent with this opinion.


AMI is a consulting company tha... More...
   $0 (10-13-2011 - TX)

Patti J. Sullivan v. Raymond Welsh

The Chapter 7 Trustee in the bankruptcy case of Mary Joan Lumbar appeals from the Bankruptcy Court’s judgment in favor of the Debtor’s parents on a fraudulent transfer action, holding that the Debtor could not fraudulently transfer property that would have been exempt. For the reasons that follow, the judgment is reversed and remanded for further findings.


The ... More...
   $0 (10-12-2011 - MN)

Joseph Francis v. Wynn Las Vegas, LLC

In this appeal, we address several issues arising from a civil litigant’s invocation of his Fifth Amendment privilege against self-incrimination. The salient issue we consider is how, in response to a civil litigant’s request for accommodation of his or her privilege, the district court should proceed in order to prevent the opposing party from being unfairly disadvantaged. As it pertains ... More...   $0 (10-06-2011 - NV)

Carlos Osorio v. One World Technologies, Inc.

Appellee Carlos Osorio ("Osorio") filed a diversity suit against appellants One World Technologies, Inc. and Ryobi Technologies, Inc. (collectively, "Ryobi") Footnote in the United States District Court for the District of Massachusetts. The complaint alleged claims arising from a hand injury suffered in a construction site accident involving one of Ryobi's table saws. After an eight-day jury tria... More...   $0 (10-06-2011 - MA)

Antonio Juarez v. Rolando Aguilar

Before the court is the interlocutory appeal of Defendants-Appellants Rolando Aguilar, Ruben Cortez, Jr., Joe Colunga, and Rick Zayas (collectively, “Appellants”) from the district court’s denial of summary judgment. Appellants, all members of the Brownsville Independent School District (“BISD”) Board of Trustees (“Board”), argue that the district court should have granted their moti... More...   $0 (09-30-2011 - TX)

Martha Rey v. Philip Morris

A personal representative for the estate of her late husband appeals a final summary judgment in favor of three tobacco company defendants1 in this Engleprogeny2 case. It is undisputed that the decedent, Mr. Rey, never smoked cigarettes manufactured by those three defendants, and thus that summary judgment was appropriate with respect to the traditional product liability claims against each compan... More...   $0 (09-28-2011 - FL)

Jon M. Lefebvre v. Alice Lefebvre

Jon Lefebvre filed a complaint alleging malicious prosecution and similar causes of action against his former spouse, Alice Lefebvre, and an alleged civil co-conspirator, Nancy Toothman.1 Alice and Toothman filed a special motion to strike Jon‘s complaint under the anti-SLAPP statute. (Code Civ. Proc., § 425.16.)2 The trial court entered an order denying the anti-SLAPP motion, and Alice and Too... More...   $0 (09-28-2011 - CA)

Johnson v. Nextel Communications

* The Hon. Miriam Goldman Cedarbaum of the United States
District Court for the Southern District of New York, sitting by

Johnson v. Nextel Communications, Inc.

3 August Term, 2009
5 (Argued: June 8, 2010 Decided: September 26, 2011)
6 Docket No. 09-1... More...
   $0 (09-26-2011 - )

Bradley Shaffer v. Kenneth Bellows

Two men bought an island. After a dispute, they agreed that one would keep the island, while the other would receive a one-time payment and an option to buy the island at a fixed price, adjusted for inflation, if the owner ever chose to sell it. Years passed. The value of the island rose, far outpacing inflation. But the owner never elected to sell. Instead, he eventually conveyed the island to hi... More...   $0 (09-23-2011 - AK)

David LeBlanc v. B. John Lange, III

Appellants David LeBlanc, Hedy LeBlanc, LeBlanc Family Investments Limited Liability Company, Shreveport GP, LLC, Shreveport Doctors Hospital 2004, Ltd., and Shreveport Hospital Management, Inc. (collectively, “LeBlanc”) challenge the trial court’s rendition of summary judgment in favor of appellees B. John Lange, III (“Lange”) and Ethicus Healthcare Group, LLC (“Ethicus”) in LeBlanc... More...   $0 (09-22-2011 - TX)

Prince of Peace Lutheran Church v. Mary Linklater

In the case at bar, this Court granted both a petition and cross-petition for a writ of certiorari to address two issues of public importance: (1) the extent to which the First Amendment’s “ministerial exception” is applicable to a sixteen count civil action asserted against a church by a former employee who claims that she was the victim of sexual harassment and employment discrimination; a... More...   $0 (09-21-2011 - MD)

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