The defendant, Marshall Zidel, appeals his conviction on nine counts of possession of child pornography, see RSA 649-A:3 (2007), arguing that the Superior Court (Lewis, J.) erred in denying his motions to dismiss. We reverse. The following facts were found by the trial court for purposes of ruling upon the defendant's pretrial motion to dismiss or were stipulated to by the parties. At the time he... More...   $0 (01-18-2008 - NH)

In this suit, brought under 42 U.S.C. §§ 1983 and 1985, Christopher J. McMahon claims that Vilas County (Wisconsin) Sheriff John Niebuhr and Deputy Sheriff John Kindlarski conspired with Kristen DeBruyne and her parents, Ronald and Judith DeBruyne, to violate his rights under the Fourteenth Amendment to the Constitution. He also alleges various violations of state law. The district court... More...   $0 (01-17-2008 - WI)

Alan, a practicing attorney, was arrested in 2004 and charged with accessory after the fact to murder, threats or extortion, tampering with a witness, and solicitation to commit perjury. After his acquittal in June 2005 he filed... More...   $0 (01-12-2008 - FL)

In this case, we address whether the statute of limitations bars a cause of action for defamation that is based upon statements contained in a transcript of an oral history that was published with only limited circulation. We held in Shively v. Bozanich (2003) 31 Cal.4th 1230, 1237, that under the single-publication rule, the statute of limitations on a cause of action for defamation base... More...   $0 (12-26-2007 - CA)

In this appeal, involving a deficient record, we reiterate our oft-stated rule that appellant bears the responsibility of ensuring an accurate and complete record on appeal and that missing portions of the record are presumed to support the district court's decision. As appellants have failed to provide, in the record, their opposition to the summary judgment motion, we necessarily affirm the ... More...   $0 (12-23-2007 - NV)

The United States Court of Appeals for the Second Circuit has certified to us the question of whether CPLR 302 (a) (1) confers personal jurisdiction over a person who "(1) sued a New York resident in a non-U.S. jurisdiction; and (2) whose contacts with New York stemmed from the foreign lawsuit and whose success in the foreign suit resulted in acts that must be performed by the subject o... More...   $0 (12-20-2007 - NY)

Tulsa City Councilor Bill Christiansen sued Tulsa radio personality Michael DelGiorno and Journal Broadcast Group, Inc., d/b/a KFAQ 1170 on a defamation theory claiming that DelGiorno repeatedly knowingly and intentional made false and defamatory statements about him on his radio program. Christiansen, who operates and aviation company in Tulsa claimed that conservative A.M. talk show host DelG... More...   $1 (12-20-2007 - OK)

Plaintiffs and appellants Richard and Miles Stellar appeal from a grant of summary judgment entered in favor of defendant and respondent State Farm General Insurance Company (State Farm). The trial court ruled that no triable issue of fact existed and that State Farm was entitled to judgment as a matter of law. We affirm. The undisputed evidence established that State Farm owed no duty to... More...   $0 (12-19-2007 - CA)

In 2002 and 2003, defendant, Rosemont Exposition Services, Inc. (RES), maintained liability insurance policies with plaintiff, West Bend Mutual Insurance Company (West Bend). In August of 2003, after two former employees brought suit against RES for defamation and retaliatory discharge, RES tendered a claim for coverage to West Bend pursuant to its policies. West Bend agreed to defend RES... More...   $0 (12-17-2007 - IL)

{ 1} This is a case of first impression that requires us to weigh the statutory rights of an employee to seek redress for claims of discrimination without retaliation against the constitutional right of an employer to petition the courts for redress after prevailing in the employee's cause of action against him. For the reasons that follow, we hold that an employer is not barred from fili... More...   $0 (12-16-2007 - OH)

On February 18, 2001, Idalia Jimenez entered the Heights Meat Market in Laredo, Texas. According to Jimenez, she took her six children, who ranged in age from thirteen to one, into the store with her. Another store patron, Sylvia De La Garza, allegedly witnessed Jimenez strike her thirteen-year-old son, pull the hair of one of her daughters, and punch another son in the head. Garza called 911... More...   $0 (12-14-2007 - TX)

Justice Flaherty, for the Court. Political campaigning, especially on the party primary election level, is not a game for the faint of heart. This dispute arises from such a contest in a state senatorial district in the City of Providence. The upshot of this primary campaign battle was a judgment for civil conspiracy and slander entered against two of the combatants, who timely appealed t... More...   $0 (12-13-2007 - RI)

Joseph V. Curran sued the Essex County Sheriff's Department, the Sheriff, and others, asserting they terminated his employment as a correctional officer in retaliation for his speech, in violation of the First Amendment and the Massachusetts Declaration of Rights. The district court found that the public interest in the employee's speech was outweighed by the danger the speech would cause to th... More...   $0 (12-12-2007 - MA)

The Clery Act, 20 U.S.C. § 1092(f) (the Act), requires colleges and universities that participate in federal financial aid programs to notify their constituent communities of certain reported crimes. This case requires us to construe, for the first time at the federal appellate level, the Act's notification requirements. After analyzing the language and purpose of the Act, charting the dimensio... More...   $0 (12-12-2007 - RI)

In August 2000, plaintiff James D. Marcil, a serviceman at the Providence Gas Company (Providence Gas),1 approached John F. Morris at Morris' store, Charron Supply, to discuss a campaign sign that was prominently displayed on the premises. The sign promoted the candidacies of defendants Robert T. Kells and Thomas C. Slater, who both were on the ballot in the Democratic primaries for the s... More...   $0 (12-10-2007 - RI)

Plaintiff Brian Perez appeals from a judgment on his complaint against defendants Uline, Inc., Patrick Shea, Mike Donaghy, and Salvador Alcaraz for wrongful termination, breach of oral contract, failure to pay overtime wages in violation of the statute, and defamation, claiming the court erred in enforcing a severance agreement that was against public policy contained in, among other thin... More...   $0 (12-09-2007 - CA)

Two managers brought a class action suit against their former employer, Dynamics Research Corporation ("DRC"), for violations of the Fair Labor Standards Act ("FLSA"), ... More...   $0 (12-03-2007 - MA)

1 This appeal presents our first opportunity to consider the First Amendment rights of internet users to engage in anonymous speech. In doing so, we decide whether the superior court erred by granting a request by appellee Mobilisa, Inc. ("Mobilisa") to discover from appellant The Suggestion Box, Inc. ("TSB"), an Arizona email service provider, the identity of appellant John Doe 1 ("Doe"), a ... More...   $0 (11-29-2007 - AZ)

After a bench trial, the trial court entered judgment for Appellee Wichita Falls Housing Authority ("WFHA") in its eviction suit against Appellant Barry Johnson. In three issues, Johnson argues that the trial court's judgment awarding possession of a leased premises to WFHA violates his First Amendment free speech rights and the litigation privilege and that the evidence is legally and factual... More...   $0 (11-25-2007 - TX)

In the sport of jai alai, putting forth one's "[b]est efforts" is a cardinal rule for players.1 Discerning when a player has put forth his best, or when he has not done so, is a highly subjective determination, and in the close-knit community of jai alai, careers may be damaged or destroyed on the basis of suspicions and opinions alone. In this case, brought by a discharged jai alai playe... More...   $0 (11-21-2007 - RI)

At approximately 2:00 a.m. on October 6, 2002, Defendant Officer Ronnie D. Harvell, a police... More...   $0 (11-16-2007 - KY)

I. Back... More...   $0 (11-08-2007 - IA)

Daniel McCarthy, a Newburyport, Massachusetts police officer, brought this action against the former and current chiefs of police, Thomas Cappelluzzo and Thomas H. Howard; fellow police officers Alan Maguire, David Foley and David Knight; former mayors of Newburyport Lisa Mead and Alan Lavender; and the City of Newburyport. McCarthy alleged claims under 42 U.S.C. § 1983 for violations of his Fi... More...   $0 (11-03-2007 - MA)

Beverly Newman and her daughter, Julie Sondhelm, have an extremely volatile relationship, as detailed in our memorandum decision dismissing Newman's appeal from the trial court's denial of her petition for grandparent visitation with Sondhelm's children, M.S. and K.S. In re Visitation of M.S. & K.S., No. 29A05-0606-CV-322, slip op. at 1-2 (Ind. Ct. App. Jan. 24, 2007). While the harmful effects... More...   $0 (10-31-2007 - IN)

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