Plaintiff-Appellant Memphis Biofuels, LLC appeals the dismissal of its suit against Defendant-Appellee Chickasaw Nation Industries, Inc. for lack of subject-matter jurisdiction. Because we agree with the district court that Chickasaw Nation Industries, Inc. enjoys tribal-sovereign immunity, we AFFIRM.

I. BACKGROUND

Memphis Biofuels, LLC (“MBF”) is a biodiesel refining company... More...   $0 (11-06-2009 - )

Bret “Doc” Berkman filed suit against the City of Keene alleging that the City was obligated to furnish water and sewer services to his property at no charge under an agreement between the City and Berkman’s predecessors in title. The trial court granted the City’s summary-judgment motion. On original submission, we reversed the judgment and remanded this cause for further proceedings. ... More...   $0 (11-05-2009 - TX)

Claude M. Royal, Virginia H. Royal and Modern Home Construction sued Campbell County on a governmental tort claim negligence theory claiming that the County's employees failed to exercise due care in the operation of a landfill and, as a direct result, contaminants leaked into groundwater aquifers with resulting damage to the fair market value of Twin Oaks Mobile Park. The contamination was disco... More...   $9000000 (11-05-2009 - VA)

This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOH”). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec... More...   $0 (11-04-2009 - WV)

This case is before the Court upon the June 30, 2008, Order of the Circuit Court of Marshall County, West Virginia, wherein the circuit court granted Partial Summary Judgment to the Appellees, Richard Blake, Jr., and John T. Parker and determined that the Appellant, State Farm Mutual Automobile Insurance Company (hereinafter sometimes referred to as “State Farm”), was required to defend and in... More...   $0 (11-04-2009 - WV)

[¶1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophy‘s vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.

[¶2] I... More...   $18069257 (11-04-2009 - WY)

Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (“AEGON”), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ... More...   $0 (11-03-2009 - IA)

Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a... More...   $0 (11-03-2009 - TX)

This action arises under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Hans-Gerd Rasenack seeks accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator (collectively, “AIG”). The district court reviewed the administrator’s denial of benefits under an arbitrary and capricious... More...   $0 (11-02-2009 - )

Larry Groover and the guardians of decedent Chad Groover’s minor children (collectively the “Groovers”) appeal the district court’s summary judgment order dismissing their tort claims against Omni Pinnacle, LLC (Omni) and Cahaba Disaster Recovery, LLC (Cahaba). Because we hold that the Louisiana workers’ compensation scheme shielded Omni and Cahaba from tort liability, we affirm.

... More...   $0 (10-31-2009 - LA)

Ocean Pines Association sued SPN, Inc. on a brach of contract theory claiming that Defendant over billed it for work relating to the construction of a community center project. Plaintiff claimed that Defendant agreed with the association in September 2006 to charge it at an $110 hourly rate until construction activities began but did not do so.

The defenses asserted by Defendant are not av... More...   $74050 (10-31-2009 - )

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax... More...   $0 (10-29-2009 - )

This appeal is the second in continuing litigation by a group of members of the Passamaquoddy Tribe called Nulankeyutmonen Nkihtaqmikon--the phrase means "We Protect the Homeland," and we refer to the group as NN--to challenge a Bureau of Indian Affairs ("BIA") decision; the decision approved a lease of a plot of Passamaquoddy land for the construction and operation of a liquefied natural gas ("LN... More...   $0 (10-29-2009 - ME)

William and Theodora Walton sued the City of Whitefish on a civil rights violation theory claiming that their equal protection rights were violated by the City's efforts to stop construction on the steep slopes of lots purchased by them in 2005. The claimed that they were treated differently from other property owners who were allowed to build on similar property in Whitefish.

The City deni... More...   $300000 (10-29-2009 - )

Moore Equipment Company appeals the circuit court's grant of summary judgment in favor of Callen Construction Co., Inc., on Callen's claim for conversion. Moore contends that Callen's claim fails as a matter of law because it seeks the return of money and does not fall within the limited circumstances in which a claim for the return of money lies in conversion.

Moore also alleges that the... More...   $0 (10-28-2009 - MO)

Plaintiffs filed this diversity case arising under Colorado law to compel the continued advancement of defense costs under an excess Directors and Officers (D&O) liability insurance policy provided by defendant Twin City Fire Insurance Company (“Twin City”). Plaintiffs appeal from the district court’s order denying their motion for a preliminary injunction and partial summary judgment on the... More...   $0 (10-26-2009 - CO)

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century”) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s”) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...   $0 (10-23-2009 - )

In this tort action, Western Carolina Regional Sewer Authority (WCRSA) appeals (1) the trial court's denial of motions for directed verdict and judgment notwithstanding the verdict, based on an alleged lack of proximate cause; (2) the trial court's instruction to the jury; and (3) the trial court's denial of a motion to set-off the verdict by the amount the plaintiff received in settling with a n... More...   $0 (10-22-2009 - SC)

James W. Powell, Jr. (“plaintiff”) appeals the 27 May 2008 order requiring him to execute a settlement agreement and quitclaim deed. Defendant City of Newton (“the city”), third-party defendant Shaver Wood Products, Inc. (“Shaver”), and third-party defendant W.K. Dickson Engineering, Inc. (“Dickson”) (collectively “defendants”) appeal the 19 August 2008 order denying their moti... More...   $0 (10-20-2009 - NC)

Ted and Mary Bissette (the “Bissettes”) appeal from orders: (1) granting plaintiffs’ and third-party defendants’ summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys’ fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.

FACTS

Moss Creek is a single-family residential... More...   $0 (10-20-2009 - NC)

This is an appeal from a grant of partial summary judgment in favor of Jerry and JoCarol Losee declaring a promissory note and deed of trust null and void. We vacate and remand.

I.

In September 2003, Jerry and JoCarol Losee entered into an Operating Agreement and Membership Interest Purchase Agreement with the Idaho Company to create Sky Enterprises, LLC. The purpose of Sky Enter... More...   $0 (10-20-2009 - ID)

This appeal addresses a dispute between Jeffrey Labrenz and Shane and Jill Burnett over the use of land described in an easement. Labrenz has a driveway easement over the Burnetts’ land, and in building his driveway, Labrenz installed decorative rocks, shrubs, trees, a fence, and a gate on the Burnetts’ property. The superior court agreed with Labrenz that the slope of the Burnetts’ land nec... More...   $0 (10-20-2009 - AK)

This appeal is the second appeal in this case before the Court. In the first appeal, the Court vacated the district court’s grant of summary judgment in favor of Mr. Pieniozek (“Pieniozek”) on Mega Life and Health Insurance Company’s (“Mega”) claim for rescission of Ms. Pieniozek’s life insurance policy and Pieniozek’s counterclaim for breach of contract, and remanded the case for ... More...   $0 (10-19-2009 - AL)

George Milam Hall submitted to a local newspaper, the Coffey County Republican (“The Republican”), an advertisement opposing the election bid of Judge Phillip M. Fromme. He paid to have the ad run on two occasions. The paper ran the ad the first time but not the second, instead running an ad supporting Judge Fromme, which was paid for and signed by a number of attorneys, including Coffey Count... More...   $0 (10-19-2009 - KS)