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Declaratory Judgment Law
Western Heritage Insurance Co. v. Fun Services of Kansas City

Kansas City, MO - Eight Circuit affirms summary judgment against insured on claim for indemnity for sending junk faxes

This is a declaratory judgment action brought by an insurer concerning its duties with respect to a “junk fax” lawsuit brought against its insured. The district court2 dismissed counterclaims brought against the insurer and found that it had no duty to indemnify. We affirm.... More...
   $0 (07-30-2015 - MO)

Michael A. Katz v. Cellco Partnership d/b/a Verizon Wireless

New York, NY - Second Circuit force Verizon class action members to arbitration under FAA

In an effort to more efficiently manage their dockets, some district courts
in this Circuit will dismiss an action after having compelled arbitration pursuant
to a binding arbitration agreement between the parties. That is what happened
here. After the District Court (Briccetti, J.) found... More...
   $0 (07-28-2015 - NY)

Tulalip Tribes v. Suquamish Indian Tribe

Seattle, WA - Ninth Circuit resolves Indian fishing rights dispute

In this treaty fishing rights case, the Tulalip Tribes (“the
Tulalip”) invoked the district court’s continuing jurisdiction
as provided by the permanent injunction in United States v.
Washington, 384 F. Supp. 312, 419 (W.D. Wash. 1974)
(Decision I), aff’d, 520 F.2d 676 (9th Cir. 1975), by filing a
reque... More...
   $0 (07-27-2015 - WA)


As this appeal hinges on the regulation of Indian gaming, we begin with a brief introduction to the IGRA. Congress passed the IGRA in 1988 “in order to provide a statutory basis for the operation and regulation of gaming by Indian tribes.” Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 48 (1996). “The Act divides gaming on Indian lands into three classes—I, II, and III—and provides a different... More...   $0 (07-25-2015 - ID)

NAMN, LLC v. Bernard J. Morello

Morello owns property at the northwest corner of 42d and Center Streets in Omaha, Nebraska. NAMN owns property immediately to the west of Morello’s property. Throughout this litigation, and hereinafter in this opinion, NAMN’s property is referred to as “Lot 9” and Morello’s property is referred to as “Lot 10.” A residential home is located on Lot 9, and there are no structures on Lot 10. Lot 10 se... More...   $0 (07-24-2015 - NE)

State of Idaho v. Coeru d'Alene Tribe

The Coeur d’Alene Tribe (“Tribe”) appeals the
preliminary injunction prohibiting the Tribe from offering
Texas Hold’em (“Hold’em”) poker. The Tribe argues that
tribal sovereign immunity was not abrogated and that venue
was improper under the terms of the Tribal-State Gaming
Compact (“Compact”). We affirm because the Indian
Gaming Regulatory Act (“IGRA”) severed tribal immun... More...
   $0 (07-22-2015 - ID)

RSA 1 Limited Partnership v. Paramount Software Associates

In this breach-of-contract case, two cellular-service providers dispute whether
they owe approximately $260,000 in liquidated damages to a billing-services
company. The district court2 granted summary judgment to the billing company,
Paramount Software Associates. We affirm.
I. Background
In March 2009, Paramount, a Texas company, contracted with two Iowa
cellular-service p... More...
   $0 (07-17-2015 - IA)

Macquarie Bank Limited v. LexMac Energy, L.P.

Macquarie Bank Limited (Macquarie Bank) and a subsidiary brought suit
against LexMac Energy, L.P. (LexMac); Novus Operating Company, L.P. (Novus);
Lexar Energy, Inc. (Lexar); and Bradley Knickel, who controls all three companies
(collectively, Lexar Group). Macquarie Bank and the subsidiary alleged claims of
deceit, fraud, and promissory estoppel, among others, and also alleged tha... More...
   $0 (07-17-2015 - ND)

Sensational Smiles LLC DBA Smile Bright v. Dr. Jewel Mullen et al.

2 The question in this case is whether a Connecticut rule restricting the
3 use of certain teeth‐whitening procedures to licenced dentists is unconstitutional
4 under the Due Process or Equal Protection Clauses. Because we conclude that
5 there are any number of rational grounds for the rule, we affirm the judgment of
6 the District Court.
8 Under Connect... More...
   $0 (07-17-2015 - CT)

Rachelle L. Timberlake v. Douglas County, Nebraska

Timberlake is a Corrections Officer I for the department. The terms and conditions of her employment are subject to a CBA between Douglas County and the Fraternal Order of Police, Lodge No. 8. Timberlake worked as an escort at the county jail, relieving officers who are assigned to specific housing units and escorting inmates who are moved through the facility. Her specific position was entitled “... More...   $0 (07-17-2015 - )


While Appellants present several issues for our review, because this matter is one for declaratory judgment arising from agency interpretation and application of certain statutes, our review calls for us to distill the issues into three controlling questions:
1. Was the district court’s jurisdiction limited to issuing a declaratory judgment under W.R.A.P. 12.12 and Wyo. Stat. Ann. § 1-37-101 e... More...
   $0 (07-17-2015 - )


In May of 2007, the First Bank of Idaho made a loan to Stilwyn, Inc., in the amount of 9.5 million dollars. The loan was secured by a deed of trust encumbering Stilwyn’s real property. Farmers National Bank later acquired a forty-two percent interest in the loan, while First Bank of Idaho retained a fifty-eight percent interest. In April of 2009, the Federal Deposit Insurance Corporation (“FDIC”) ... More...   $0 (07-17-2015 - )

Pamela Y. Kelley, Arthur Lee Kelley, Clara Brooks and Gary L. Leonard v. LaVearn Ivey

Appellants, Pamela Y. Kelley, Arthur Lee Kelley, Clara Brooks, and Gary L.
Leonard, appeal a temporary injunction precluding appellants from executing a
judgment against a non-party by selling property which appellee, Lavearn Ivey,
claims to own. Ivey raises a cross-point requesting appellate sanctions. We affirm
the temporary injunction and deny the request for sanctions.
   $0 (07-16-2015 - TX)

Ross W. Greene v. The Center for Collaborative Problem Solving, Inc.

Dr. Ross W. Greene ("Greene")
developed a method of treating children with explosive behaviors
known as the Collaborative Problem Solving ("CPS") Approach.
Greene advanced this method through his work at the Massachusetts
General Hospital ("MGH") Department of Psychiatry, his unaffiliated
private practice, and workshops and publications, including a book
he wrote himself ca... More...
   $0 (07-16-2015 - MA)

Allan M. Shine et al. v. Charles Moreau et al. :

There were several individuals who served as Receiver for the City of Central Falls during the period of time preceding the filing of these cases and during the pendency of the cases. We shall simply make a generic reference to “the Receiver.” On November 14, 2013, by order of this Court, Allan M. Shine, Esq. (the Trustee) was substituted as Appellee in the place of the Receiver in all three of ... More...   $0 (07-16-2015 - )


This case involves a dispute over a road located on real property owned
by David and Roxie Niemi in Fredlund Township, Perkins County, South Dakota.
For the last 100 years, the road has been referred to as the “Lewton Road.” The
Lewton family homesteaded the area and used to live at a residence at the end of
the road, commonly known as the “Lewton Place.” It was reported tha... More...
   $0 (07-16-2015 - )

Marquis COUEY v. Jeanne ATKINS

We begin with a brief summary of the regulation of the initiative petition signature collection process to provide context for our discussion of the relevant facts. The powers of initiative and referendum reserved by the people in Article IV, section 1, of the Oregon Constitution allow them to enact statutes, adopt or reject bills passed by the legislature, and adopt amendments to the state consti... More...   $0 (07-16-2015 - )


Rogue Valley Sewer Services (RVS) owns, operates, and manages equipment for the transmission of sewage. As a “sanitary authority” organized under ORS chapter 450, RVS is a type of local government entity called a local service district. See ORS 174.116(2)(r) (“[A]s used in the statutes of this state[,] ‘local service district’ [includes a] sanitary authority * * * organized under ORS 450.600 to 45... More...   $0 (07-16-2015 - )

Searcy Denney Scarola Barnhart & Shipley, P.A. v. State of Florida

Appellants Searcy Denney Scarola Barnhart & Shipley, P.A. (“Searcy Denney”), et al. appeal the refusal of the guardianship court to authorize payment of $2.5 million in attorneys’ fees to the firms involved in the litigation of a medical malpractice lawsuit, the appeal, and a subsequent lobbying effort to secure a claims bill (also deemed a “private relief act”) from the Legislature on behalf of A... More...   $0 (07-15-2015 - FL)


Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on
behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in the United
States District Court for the District of Colorado against Gamo Outdoor USA, Inc. and
Industrias El Gamo, S.A. (collectively, Gamo). The original complaint alleged patent
infringement and other claims. Whe... More...
   $0 (07-15-2015 - )

Allan M. Shine et al. : v. : Charles Moreau et al

These consolidated cases come before this Court on
appeal from a decision of the Providence County Superior Court, which contained three distinct
holdings. First, the Superior Court granted the Central Falls Receiver’s1 motion for partial
1 There were several individuals who served as Receiver for the City of Central Falls during th... More...
   $0 (07-14-2015 - )

Mary Yvonne Kelly v. Progressive Northern Insurance Company

Stillwater, OK - Mary Yvonne Kelly sued Progressive Northern Insurance Company claiming:

1. Defendant is a foreign insurance carrier licensed to do business in the State of Oklahoma.
2. On or around January 29, 2014, Sean Michael Kelly was fatally injured in an automobile accident in Payne County, State of Oklahoma. Sean Michael Kelly passed away on January 30, 2014.
3. Plaintiff ... More...
   $45000 (07-14-2015 - OK)

BURTON et al. v. GLYNN COUNTY et al

Thomas and Lee Burton own an oceanfront property in the East Beach
area of St. Simons Island. The property is situated within a single-family
residential zoning district classified as “R-6” under the Glynn County Zoning
Ordinance. After the completion of a large, lavish home on the property in
2008, the Burtons began offering the property, known as Villas de Suenos,1 as
a sho... More...
   $0 (07-13-2015 - )

Alpine Glass, Inc. v. Country Mutual Insurance Co.

Alpine Glass, Inc., appeals from an order confirming an arbitration award for
one of 482 claims it asserted against several insurance companies. Because
unresolved claims remain, because Alpine Glass did not obtain certification for an
interlocutory appeal, and because the order below is not a qualifying order pursuant
to Fed. R. Civ. P. 54(b), we lack jurisdiction to entertain thi... More...
   $0 (07-12-2015 - MN)

Allan M. Shine et al. v. Charles Moreau et al. :

These consolidated cases come before this Court on
appeal from a decision of the Providence County Superior Court, which contained three distinct
holdings. First, the Superior Court granted the Central Falls Receiver’s1 motion for partial
1 There were several individuals who served as Receiver for the City of Central Falls during the... More...
   $0 (07-12-2015 - )

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