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Kevin Walker v. John Morgan, Mike Lindsay and Lindsay & Morgan, PLLC
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This is an appeal from a summary judgment in a lawsuit by a client against his attorneys. In his response to the motion for summary judgment on his professional negligence claim, appellant failed to raise a material fact issue concerning causation or damages. He is not entitled to any recovery under his other claims. We affirm the trial court's judgment.
Kevin Walker and Angela Walker cont... More... $0 (11-13-2009 - TX)
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David Burke v. County of Alameda
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This case involves the conflict between the right of families to be free of arbitrary governmental interference and the legitimate role of the state in protecting children from abuse. In 2005, B.F., the fourteen-year old daughter of Melissa Burke and Clifton Farina, ran away from home. One week after she returned, Mark Foster, an Alameda County police officer, met with B.F. to discuss formally the... More... $0 (11-11-2009 - CA)
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Perlan Therapeutics, Inc. v. Nexbio, Inc., et al.
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Code of Civil Procedure section 2019.2101 requires a plaintiff suing for misappropriation of its trade secrets to identify with “reasonable particularity” the purported trade secrets which allegedly have been misappropriated “before commencing discovery relating to the trade secret[s.]” The court below concluded plaintiff Perlan Therapeutics, Inc.‟s effort to meet this obligation fell sh... More... $0 (11-04-2009 - CA)
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Ralph Holder v. Town of Sandown, J. Scott Currier, Jason R. Morrow and Derek Feather
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After he was arrested for the simple assault of his estranged wife, Ralph Holder brought this § 1983 action against the Town of Sandown, one Sandown police officer and the Sandown Chief of Police. In his complaint, Mr. Holder alleged, in addition to other claims not relevant to this appeal, that the officer had lacked probable cause to effect the arrest and therefore had violated his rights under... More... $0 (10-29-2009 - NH)
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Iftikhar Nazir v. United Airlines, Inc., et al.
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Our Supreme Court has said that the purpose of the 1992 and 1993 amendments to the California summary judgment statute was “to liberalize the granting of motions for summary judgment.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) It is no longer called a “disfavored remedy.” It has been described as having a salutary effect, ridding the system, on an expeditious and effi... More... $0 (10-09-2009 - CA)
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Kevin J. Rabbers v. Commissioners Social Security Administration
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In this appeal, Plaintiff-Appellant Kevin Rabbers (“Rabbers”) challenges the district court’s decision affirming the denial of his application for disability insurance benefits by Defendant-Appellee Commissioner of Social Security (“Commissioner”). Rabbers argues that the Administrative Law Judge (“ALJ”) failed to make specific findings regarding the severity of his mental impairment... More... $0 (10-05-2009 - MI)
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Albert Synder v. Fred W. Phelps, Sr., et al.
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In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More... $0 (10-03-2009 - MD)
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Victor Dewayne Bryan v. Annette Bryan
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¶1 Annette Bryan (Wife) appeals from an order of the trial court denying her request to delay granting her divorce from Victor Dewayne Bryan (Husband). The issue on appeal is whether the trial court abused its discretion or ruled against the clear weight of the evidence in denying Wife's request to delay ruling on the divorce until May 6, 2009, so that she could become eligible for "full medical,... More... $0 (10-01-2009 - OK)
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Cornel Henry Williams v. New Beginnings Residential Care Home
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¶1 This appeal was filed by Cornel Henry Williams, Special Administrator of the Estate of Blaine Danielle Williams (Williams), from the trial court's order, filed August 19, 2008, granting his Motion to Reconsider, in which the trial court declined to disturb its order, filed July 8, 2008, granting summary judgment to Appellees New Beginnings Residential Care Home (New Beginnings) and Blue Sky Be... More... $0 (10-01-2009 - OK)
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Anna Marie Nguyen v. Alex Yovan and Philip Yovan
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In this suit on a contract for deed, appellant, Anna Marie Nguyen appeals the trial court's take-nothing judgment in favor of the appellees, Alex Yovan and Philip Yovan. In two issues, Nguyen argues that (1) the contract is not barred by the statute of frauds and (2) the evidence supports numerous statutory violations.
We reverse the judgment of the trial court and remand for proceedings co... More... $0 (10-01-2009 - TX)
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Interstate Roofing, Inc. v. Springville Corporation
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This case requires us to determine whether certain formalities must be satisfied for a limited judgment to be final and appealable. Specifically, the issues are: (1) whether either a limited judgment document, or the record more generally, must reflect an express determination by the circuit court that there is "no just reason for delay"; and (2) whether a limited judgment document, to finally di... More... $0 (09-30-2009 - OR)
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Deborah Orlando Cooney v. Lyle Rossiter, Jr., et al.
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Deborah Cooney lost custody of her two sons after an Illinois state court found that she suffered from “Munchausen syndrome by proxy,” in which “an individual produces or feigns physical or emotional symptoms in another person under his or her care. Usually the victim is a young child, and the person producing the symptoms may be the child’s parent or caretaker, most often the mother.” A... More... $0 (09-30-2009 - IL)
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Albert Snyder v. Fred W. Phelps, Sr.; Westboro Baptist Chruch, Inc.; Rebekah A. Phelps-Davis; Shirley L. Phelps-Roper
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In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More... $0 (09-25-2009 - MD)
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Rhonda Cooper v. Larry Cooper
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¶1 Respondent, Larry Cooper (Husband), appeals the trial court's denial of his motion to vacate a decree of divorce. We reverse and remand with directions.
FACTS
¶2 Husband and Petitioner, Rhonda Cooper (Wife), were divorced in 2006 by an agreed decree of divorce. The decree distributed the marital property by awarding the marital home, marital business, several mobile homes, v... More... $0 (09-24-2009 - OK)
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Traci R. Rowe v. Michael B. Rowe and Donelle H. Ratheal
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¶1 Traci R. Rowe (Mother) and Michael B. Rowe (Father) were divorced in 1998. They had one minor child, born December 18, 1996. In 2002 a shared parenting plan was entered into, with both parents having decision-making authority. On October 29, 2003, Donelle H. Ratheal was appointed as the guardian ad litem for the minor child. The order of appointment vested the guardian ad litem with the powers... More... $0 (09-22-2009 - OK)
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Joan Marino v. Larry L. Marino, Jr., et al.
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This appeal, which comes before the Court as of right based on the opinion of the dissenting Appellate Division judge, requires the Court to interpret the provisions in the New Jersey Cemetery Act of 2003, N.J.S.A. 45:27-1 to -38, governing interment, N.J.S.A. 45:27-22, and disinterment, N.J.S.A. 45:27-23. Specifically, this dispute, between a decedent's surviving spouse and children about his fin... More... $0 (09-18-2009 - NJ)
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Scott Raab v. Utah Railway Company
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¶1 This case comes to us on appeal from the district court’s grant of summary judgment in favor of defendant Utah Railway on plaintiff Scott Raab’s negligence claims brought under the Federal Employers Liability Act (“FELA”) and the Federal Locomotive Inspection Act (“FLIA”).1 Raab seeks recovery for injuries suffered when he struck his head on an after-market air conditioning unit in... More... $0 (09-18-2009 - UT)
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Daniel Hearne v. Diane Banks
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This case concerning the ownership of certain real property in Fort Smith is before us for the third time.1 Appellants Daniel Hearne and his wife Debora Hearne claimed an interest in this property by virtue of two deeds, one from Daniel Hearne’s mother, and the other from David Banks, the former husband of appellee Diane Banks. The circuit court held that the deed from Hearne’s mother failed f... More... $0 (09-16-2009 - AR)
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Lucent Technologies, Inc., et al. v. Gateway, Inc., Dell, Ic. and
Microsoft Corporation
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Microsoft Corporation appeals the denial of post-trial motions concerning a jury verdict that U.S. Patent No. 4,763,356 (the “Day patent”) was not invalid and that Microsoft indirectly infringed the Day patent. Microsoft also appeals the $357,693,056.18 jury award to Lucent Technologies, Inc. for Microsoft’s infringement of the Day patent. Because the validity and infringement decisions were... More... $0 (09-12-2009 - )
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Michael Bower v. Harrash's Laughlin, Inc., d/b/a Harrah's Laughlin Hotel and Casinon
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This case arises out of a brawl between two biker gangs, the Hell’s Angels and the Mongols. The gangs brawled at Harrah’s casino in Laughlin, Nevada, during its annual River Run event in 2002. Several people were killed, and many were injured. As a result, several groups of plaintiffs, who were not directly involved in the brawl, sued Harrah’s under various negligence theories. These sui... More... $0 (09-10-2009 - NV)
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Regina S. Beinlich v. Commissioner of Social Security
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Plaintiff-appellant Regina Beinlich appeals from the district court’s affirmance of the denial of her application for Supplemental Security Income (“SSI”) benefits under Title XVI of the Social Security Act (“the Act”). The Administrative Law Judge (“ALJ”) denied the plaintiff benefits because he found that there were a sufficient number of jobs in the national economy that she could... More... $0 (09-09-2009 - OH)
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Lemlem S. Kebede v. Hayley R. Hilton
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Minnesota residents Lemlem S. Kebede and Ernest Christiansen married in 1998. While working in South Dakota in 2002, Christiansen began an extramarital affair with Hayley R. Hilton, a coworker. Kebede and Christiansen divorced after Kebede learned of the affair, and Kebede brought a diversity action in federal district court against Hilton for alienation of affections under state law. At trial, th... More... $0 (09-04-2009 - SD)
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Igor Malenko v. Lori Handrahan
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[¶1] This is a highly contested child custody case. Lori Handrahan appeals from a judgment of divorce entered in the District Court (Portland, Moskowitz, J.), contending that the judgment’s relocation provision that transfers primary custody of the parties’ daughter if Handrahan relocates from Maine violates Maine statutes and is unconstitutional, that the court erred by excluding expert test... More... $0 (09-01-2009 - ME)
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Paris Hilton v. Hallmark Cards
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We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission.
I Paris Hilton is a controversial celebrity known for her lifestyle as a flamboyant heiress. As the saying goes, she is “famous for being famous.”
She is also famous for starring in “The Simple Life,” a socalled... More... $0 (09-01-2009 - CA)
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M.P. v. City of Sacramento
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Not all of the opinions of the California Supreme Court have stood the test of time.1 So it may be with respect to an issue raised in this case.
During the Porn Star Costume Ball at a Sacramento hotel in 2004, a Sacramento Fire Department Captain allegedly allowed firefighters to attend the event and even to drive a fire truck there and use it to “pick up” women.
The situatio... More... $0 (08-31-2009 - CA)
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