Evidence Code section 1115 et seq.1 sets forth an extensive statutory scheme protecting the confidentiality of mediation proceedings, with narrowly delineated exceptions. In this breach of contract action arising from a medical malpractice suit, plaintiffs sought to enforce an oral settlement agreement allegedly formed during mediation. During pretrial proceedings, the doctor stipulated to, and su... More...   $0 (07-21-2008 - CA)

In this personal injury case, the jury’s damages award included the full amount of plaintiff’s billed medical expenses. At issue is whether the trial court erred in reducing the jury’s award of medical expenses to the amount actually paid by Medicaid and Medicare in full settlement of the bills. In addressing this issue, we will answer questions about the operation of the collateral source r... More...   $0 (07-17-2008 - IL)

Sheldon Engel, a practicing attorney, appeals from a circuit court order granting the motion of his former client Marsha Loyfman to vacate an agreed settlement order in his suit to enforce an attorney retainer agreement. In addition to granting Loyfman's motion, the court sua sponte dismissed Engel's suit for lack of subject matter jurisdiction. The primary issue on appeal is whether the circu... More...   $0 (06-06-2008 - IL)

In 1993, Congress enacted a statute regulating the service of homosexual persons in the United States military. 10 U.S.C. § 654 (2007)(the Act). The Act, known as "Don't Ask, Don't Tell," provides for the separation of members of the military who engage, attempt to engage, intend to engage, or have a propensity to engage in a homosexual act. Id. § 654(b). In the aftermath of this congressional act... More...   $0 (06-12-2008 - MA)

Sharon Johnson was an officer with the LaVerkin City, Utah, police department. During an out-of-... More...   $0 (06-11-2008 - UT)

Katherine Tweedle appeals from orders of the District Court1 entered after judgment in her favor on her breach-of-contract claim against State Farm Fire & Casualty Company. This case is before us for the second time. In the first appeal, State Farm challenged a jury verdict in favor of Tweedle on her claim to recover homeowners insurance policy proceeds. Tweedle v. State Farm Fire & Cas. Co., ... More...   $0 (06-09-2008 - AR)

This is an appeal from an arbitration award in favor of appellee, Daniels & Daniels. In an opinion and judgment dated February 13, 2008, we reversed the trial court's judgment in part and remanded for entry of judgment consistent with our opinion because we concluded the trial court erred in affirming portions of the arbitration award. Appellants filed a motion for rehearing. We grant the motion f... More...   $0 (05-16-2008 - TX)

The defendants, Bayer Corporation Long Term Disability Plan and Bayer Corporation (collectively, Bayer) appeal from a district court ruling that granted long-term–disability (LTD) benefits and partial-disability benefits to the plaintiff, Terry Smith, a former Bayer employee, pursuant to the provisions of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001–1461. The defenda... More...   $0 (04-24-2008 - TN)

Michael McLane appeals the trial court's decision modifying his child support payments. In two issues, Michael complains of the trial court's finding that he was intentionally u... More...   $0 (05-01-2008 - TX)

Sam Wright, Jr., husband, appeals a decree of the trial court granting Kim L. Hamilton-Wright, wife, a divorce a vinculo matrimonii. On appeal, husband raises numerous arguments concerning the trial court's equitable distribution, spousal support, and attorney's fees awards. Husband also argues the written statement of facts was not properly made part of the record on appeal. Finding no error, we ... More...   $0 (05-04-2008 - VA)

On appeal, she presents the following questions: (1) whether the trial court had the authority to amend or alter the parties' property settlement agreement (the "agreement") after it had been ... More...   $0 (04-22-2008 - VA)

Ronald L. Sutton, husband, appeals an order entered by the trial court ordering him to deliver items and money to Alveta G. Sutton, wife, in compliance with the parties' property settlement agreement (PSA) and prior orders of the trial court. On appeal, husband contends the trial court erred by: (1) ordering him to pay $4,200 as an alternative to delivering a piano to wife; (2) ordering him to pay... More...   $0 (04-29-2008 - VA)

Appellants Truth, Sarice Undis, and Julianne Stewart (collectively, Truth) appeal from a summary judgment in favor of the Kent School District and other appellees (collectively, District). Truth alleges violations of the Equal Access Act (the Act), the First Amendment rights of free speech and expressive association, the Free Exercise Clause, the Establishment Clause, and the Equal Protectio... More...   $0 (04-25-2008 - WA)

The issue in this case is whether a cause of action for intentional interference with custody and visitation rights is sustainable by a father, Michael Shannon, against his former wife, Nermeen Khalifa Shannon, and her mother, Afaf Nassar Khalifa ("Appellants"), both of whom fled to Egypt with the couple's two minor children, who remain there. Appellants moved to dismiss the father's complaint... More...   $3017500 (04-11-2008 - MD)

Plaintiff, Jane Doe, filed a complaint in the circuit court of Cook County against defendants Elizabeth and Kirkpatrick Dilling, for, inter alia, fraudulent and negligent misrepresentation. A jury found for Doe on the fraudulent misrepresentation claim and awarded her $2 million in compensatory damages. The appellate court vacated the judgment entered on the jury's verdict finding defendants ... More...   $0 (04-04-2008 - IL)

The genesis of this appeal is a contentious Massachusetts divorce. As part of the distribution of marital property, a state court judge assigned a portion of David Geiger's interest in three retirement plans to his (now ex) wife, Karen Leeds. In addition to exhausting his state court appeals of the divorce order, Geiger filed suit in federal court against the retirement plans and their administrat... More...   $0 (03-31-2008 - MA)

Appellants J. Stephen Spencer and Kippling L. Spencer appeal from the trial court's orders, entered after a jury trial, granting appellees Noel Douglas Vaughn and Catherine Gay Vaughn, Kippling Spencer's parents, access to their grandchildren M.N.Y. and S.N.S. They argue that the grandparent visitation statute then in effect is unconstitutional on its face and as applied to them. They further argu... More...   $0 (03-06-2008 - TX)

In 1995, after 20 years of marriage, Frank Mandeville left his wife Janet. When Janet was diagnosed with breast cancer in 2000, Frank didn't return, didn't call, didn't write. For at least the last 18 months of Janet's life, Janet had no contact with Frank. But they never divorced, Janet never sought a court declaration that he had abandoned her, and Janet never replaced Frank as the beneficia... More...   $0 (03-17-2008 - MI)

During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H. Sub. S.B. 244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L. 2007, ch. 111, secs. 1-6. Although the legislature repeale... More...   $0 (03-14-2008 - KS)

[1.] James Osman sued Dean Karlen, Karlen & Associates, Inc., and Gary Peterson alleging breach of contract and retaliatory discharge. After a bench trial, the circuit court found against Peterson on the breach of contract claim. The circuit court dismissed the retaliatory discharge claim and directed a verdict in favor of Karlen and Karlen & Associates, Inc. on the breach of contract claim. Peter... More...   $0 (03-10-2008 - SD)

A lawsuit brought by an attorney alleging that another attorney improperly solicited his client was subject to the anti-SLAPP (strategic lawsuit against public participation) statute, as it arose out of the second attorney's communications concerning pending litigation, and was not barred by the commercial speech exception to the statute. The plaintiff attorney failed to establish a probabilit... More...   $0 (02-26-2008 - CA)

In 2004, the mother and father of the two minor children, who are the subject of this action, were granted a divorce in the Chancery Court of Maury County at which time the mother was designated as the primary residential parent of the two minor children, the father was awarded residential time and vacation time, and the father was ordered to pay child support. Thereafter, the mother married B... More...   $0 (02-22-2008 - TN)

Mother appeals the family court's order awarding father sole legal rights and responsibilities and her sole physical rights to their two boys, and granting father unsupervised contact with the boys every other week. Mother contends that the court erred in: (1) admitting father's expert testimony on investigative techniques and giving it greater weight than the testimony of the state investigator;... More...   $0 (02-08-2008 - VT)

He contends he has the right to pursue a civil action for damages once the State Pers... More...   $0 (02-15-2008 - CA)

Theodore White, Jr. brought this civil action following his prosecution, conviction, re-prosecution, and eventual acquittal for the alleged molestation of his adopted daughter. White sued his ex-wife, Tina McKinley, and the police officer who investigated the molestation charges, Richard McKinley, who is also Tina's current husband. White alleged a deprivation of constitutional rights and vari... More...   $0 (02-05-2008 - MO)