Michael E. Ware filed a declaratory-judgment suit against the Texas Commission on Law Enforcement Officer Standards and Education (“the Commissionâ€�) challenging the validity of a Commission rule that renders him permanently ineligible to obtain a law-enforcement license because he had previously been placed on deferred-adjudication community supervision for a felony offense. See 37 Tex. Admin.... More...   $0 (05-16-2013 - TX)

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from ... More...   $0 (05-15-2013 - SC)

Esad Osmic was injured in a motor vehicle collision while riding as a passenger in his brother’s SUV. Two years and thirty-one days later, Esad sued Nationwide Agribusiness Insurance Company (Nationwide) seeking recovery for damages under the underinsured motorist (UIM) provisions of his brother’s personal auto policy. Nationwide filed a motion for summary judgment asserting Esad’s petition ... More...   $0 (05-15-2013 - IA)

This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust, 889 F. Supp. 2d 275 (D.R.I. 2012). The district court found that the defendant, The P. Bowie 200... More...   $0 (05-13-2013 - RI)

Kenneth W. Hall and Roberta Hall brought suit against Deutsche Bank Trust Company, N.A. a/k/a Deutsche Bank National Trust Company (Deutsche), the lienholder of the home equity loan secured by their property. Among other things, the Halls claimed that the original lender from whom Deutsche had been assigned the Halls’ note and lien had not followed the procedures required by the Texas Constituti... More...   $0 (05-06-2013 - TX)

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent, or disruptive behavior.� Benito Acosta (“Acosta�) was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court’s

ACOSTA V. 4 CITY OF COSTA MESA

dismissal... More...   $0 (05-03-2013 - CA)

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to... More...   $0 (04-30-2013 - IA)

This case arises out of a decision from the Bonner County district court in a case between Employers Mutual Casualty Company (EMC), David and Kathy Donnelly (Donnellys), and Rimar Construction, Inc. (RCI). In 2007, EMC brought a declaratory judgment action against the Donnellys and RCI to establish that under its policy of insurance with RCI, EMC had no duty or responsibility to pay damages claime... More...   $0 (04-19-2013 - ID)

This is the second appeal in this suit filed by appellant Carolyn Barnes, plaintiff in the underlying proceeding, against appellees University Federal Credit Union (UFCU) and Government Employees Insurance Company (GEICO). In our prior opinion, we affirmed the trial court’s severance order and partial summary judgment in favor of UFCU and GEICO. Barnes’s remaining claims and UFCU’s countercl... More...   $0 (04-18-2013 - TX)

Appellant, Bonita Odutayo, doing business as Samaritan Park & Ride, L.L.C. (“Samaritan�), challenges the trial court’s order granting the plea to the jurisdiction of appellee, the City of Houston (“the City�), in her suit against the

2

City for declaratory relief, injunctive relief, and violations of the Equal Protection Clause1 and the Due Process Clause2 of the Texas Cons... More...   $0 (04-18-2013 - TX)

Appellants TWI and Texas Wings appeal the trial court‘s judgment awarding Christopher S. Carroll Number 1, Ltd. (Carroll) $869,950 for TWI‘s breach of a lease between it and Carroll. We affirm.

Background Facts

In June 1998, Carroll and TWI entered into a lease agreement for property in Lewisville, Texas, where TWI planned to operate a Hooters restaurant. TWI operated the res... More...   $0 (04-12-2013 - TX)

Five current or former temporary employees (the "Temporary Employees") of the Board of Education of Prince George’s County, Maryland ("School Board") filed a class action complaint in the Circuit Court for Prince George’s County, asserting employee-compensation claims against the School Board, its chair, and the Association of Classified Employees/American Federation of State, County and Munic... More...   $0 (04-12-2013 - )

Gary Hammerstone (“Garyâ€�), Susan Hammerstone (collectively “the Hammerstonesâ€�), together with Palmor Products, Inc. (“Palmorâ€�), Northhampton Farm Bureau Cooperative Association (“Northhamptonâ€�), and Canns-Bilco Distribution, Inc. (“CBDâ€�) (collectively “the Appellantsâ€�) appeal the trial court’s order granting summary judgment in favor of Indiana Insurance Company (“India... More...   $0 (04-08-2013 - IN)

Phytel, Inc. filed this interlocutory appeal from the trial court’s order denying Phytel’ s motion to compel arbitration. We conclude that the trial court erred by denying the motion. We issue this memorandLirn opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled. We reverse the trial court’s order and render judgment granting P... More...   $0 (04-05-2013 - TX)

Southern Walk at Broadlands Homeowners Association brought this action seeking a declaratory judgment against OpenBand at Broadlands, the corporation with which it had contracted in 2001 for wire-based video services. Southern Walk alleges that the 2007 Exclusivity Order issued by the Federal Communications Commission renders "null and void" OpenBand’s exclusive rights under the 2001 contracts t... More...   $0 (04-05-2013 - VA)

Frank and Melissa Keathley appeal from an adverse judgment rendered on the jury’s verdict in favor of Corbitt Baker in the Keathleys’ suit arising from a real estate contract. In six issues, the Keathleys contend the trial court erroneously vacated a prior judgment, awarded attorney’s fees to Baker, failed to award attorney’s fees to the Keathleys, submitted certain jury questions, and dir... More...   $0 (04-04-2013 - TX)

Appellant, Wight Realty Interests, Ltd. (“Wight Realty�), challenges the trial court’s orders granting appellee, the City of Friendswood (the “City�), summary judgment and its plea to the jurisdiction in Wight Realty’s suit against the City for breach of contract. In four issues, Wight Realty contends that the trial court erred

2

in granting the City’s summary-judgment ... More...   $0 (04-04-2013 - TX)

Appellants, Christopher Boehringer and Enginuity Engineering, Inc. (“EEI�), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, Mark A. Konkel, in Konkel’s suit against Boehringer and EEI for shareholder oppression. In five issues, Boehringer and EEI contend that the

2

evidence is legally and factually insufficient to support the jury’s f... More...   $0 (04-04-2013 - TX)

The suit underlying this appeal concerns the nonjudicial foreclosure of certain ranch property located in Burnet and Llano Counties (“the Propertyâ€�). Prior to the foreclosure, the Property was owned by appellant John H. Thomas, M.D. Asserting various claims, Thomas contends that the foreclosure by Graham Mortgage Corporation (“the Bankâ€�) and Christopher Norris, substitute trustee, (collect... More...   $0 (04-02-2013 - TX)

Salahaddin Ayyoubi, a refugee immigrant, applied to become a lawful permanent resident of the United States. On February 26, 2008, the United States Citizenship and Immigration Services (“USCISâ€�) denied Ayyoubi’s application. USCIS found Ayyoubi to be statutorily ineligible for lawful permanent resident status based on the agency’s determination that he had supported and received training ... More...   $0 (04-02-2013 - OK)

This is an interlocutory appeal from the denial of the City of Dallas’s amended plea to the jurisdiction. We reverse the trial court’s order and render judgment granting the City’s plea and dismissing appellee’s lawsuit with prejudice. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to he applied in the case is well settled.

Texas ... More...   $0 (04-01-2013 - TX)

This is a $550,000 price dispute arising out of plaintiff's right of first refusal to purchase a Wichita waste transfer station from defendant. The catalyst was a third-party's agreement to buy the transfer station and an adjoining landfill as a package deal or to buy the landfill alone.

The district court judge granted summary judgment to defendant Ritchie Corporation (Ritchie). A panel ... More...   $0 (03-31-2013 - KS)

Ncio W. Scheeres and Hellois Scheeres sued Paul Woodul on a breach of contract and other theories claiming:

1. Some or all of the acts, occurrences and omissions hereinafter set forth took place within Tulsa County, Oklahoma and the sum total of all claims meets the jurisdictional limits of the above-captioned Court. This Court has jurisdiction and venue is proper.

2. Plaintiffs ... More...   $0 (03-27-2013 - OK)

Bruce L. Barton sued Robert C. Bates, LLC North American Insurance Agency, Inc. on breach of contract theories claiming:

1. Plaintiff Bruce L. Barton (hereinafter, “Barton�), is an individual, and a resident of Tulsa County, State of Oklahoma.

2. Defendant Robert C. Bates, LLC (hereinafter, “Bates LLCâ€�) is an Oklahoma limited liability company and an insurance brokerage, ... More...   $0 (03-23-2013 - OK)

Dr. Jayen Patel sued Tulsa Pain Consultants, Inc., P.C., Ebondie Titworth, Dr. Martin Martucci, M.D., Lame Nguyen, M.D., Alana Campbell, Robert Saenz, and Dr. Andreas Revelis, M.D. on breach of contract theories claiming:

1. Plaintiff is a physician residing in Tulsa County, Oklahoma.

2. Defendant Tulsa Pain Consultants, Inc., P.C. (hereinafter TPC’), is a domestic professional... More...   $0 (03-22-2013 - OK)