Plaintiffs and Appellants St. Jude Medical S.C., Inc. (SC) and Pacesetter, Inc. (Pacesetter) (collectively, St. Jude), along with employees Deana Dowell, Steven Chapman and Claudio Plaza, sued Defendant and Cross-appellant Biosense Webster, Inc. (Biosense) to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, including agreements it had wit... More...   $0 (11-19-2009 - CA)

The False Claims Act (“FCAâ€�) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.â€� Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...   $0 (11-19-2009 - WA)

Dr. Marvin Wayne Couch appeals from summary judgment entered in favor
of defendants, Memorial Hospital of Carbon County (“MHCC�), a small rural
hospital where he has staff privileges, the hospital’s chief administrator, and six
of the ten other physicians who have privileges at MHCC. Dr. Couch brought this
action, pursuant to 42 U.S.C. § 1983, to remedy an alleged deprivatio... More...   $0 (11-17-2009 - WY)

TexVa, Inc. (“TexVaâ€�) and R. Bradley Bierman (“Biermanâ€�) appeal the trial court's order granting the special appearances of Cindy Hayes (“Hayesâ€�) and James Boone (“Booneâ€�), both residents of California. Appellants contend that the trial court erred in sustaining the special appearances of Boone and Hayes. For the reasons set forth below, we conclude that Hayes' and Boone's contact... More...   $0 (11-13-2009 - TX)

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)

In these two consolidated cases, plaintiffs Nader Automotive Group, LLC, and its general manager, Nader Eghtesad, (collectively Nader) protested Nader‟s termination as franchised dealers of Volkswagen of America, Inc., and Audi of America, Inc., the real parties in interest. The New Motor Vehicle Board (board) dismissed the protests based on Nader‟s failure to comply with authorized discovery ... More...   $0 (11-09-2009 - CA)

Plaintiff George Louie seeks damages against defendant BFS Retail and Commercial Operations, LLC (BFRC) for alleged violation of California‟s Disabled Persons Act (Civ. Code, § 54 et seq.1 (DPA)), because the countertops in BFRC‟s business establishments were allegedly too high to allow wheelchair access. The trial court entered judgment of dismissal upon BFRC‟s demurrer, concluding res jud... More...   $0 (11-09-2009 - CA)

The issue in this interlocutory appeal is whether the class action filed by the attorney general in this case was properly certified. Under former article 21.21, section 17 of the insurance code, the Department of Insurance (the "Department") may ask the attorney general to institute a class-action lawsuit to recover from an insurer damages for injuries done to the insurance-buying public. See for... More...   $0 (11-09-2009 - )

[¶1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophy‘s vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.

[¶2] I... More...   $18069257 (11-04-2009 - WY)

The plaintiffs in this special education case, Patrick P., a minor child, and his parents, Rita and Michael P., appeal the District Court’s grant of summary judgment to the defendant, the West Chester Area School District (“Districtâ€�). The plaintiffs made claims under the Individuals with Disabilities in Education Act (“IDEAâ€�), § 504 of the Rehabilitation Act of 1973, and 42 U.S.C. § 1... More...   $0 (11-02-2009 - PA)

Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively “Metropublicâ€� or “defendantâ€�) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer ... More...   $0 (10-31-2009 - IL)

This case requires us to delineate, in a quite literal sense, the boundaries of the First Amendment’s protection of speech. In response to concerns about aggressive protests and confrontations at health care facilities providing abortions, the City of Pittsburgh enacted Ordinance No. 49 in December 2005. Pittsburgh, Pa., Code tit. 6, §§ 623.01–623.07. The Ordinance established two different ... More...   $0 (10-30-2009 - PA)

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Boardâ€�) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDAâ€�)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

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)

¶1 This appeal1 arises out of an insurance coverage dispute and insurance broker malpractice action. Plaintiff, Willbros USA, Inc. (Willbros), filed a Petition2 on July 27, 2007, against three defendants, Certain Underwriters at Lloyds of London (Lloyds),3 Arthur J. Gallagher & Co. of Oklahoma, Inc. (Gallagher), and JLT Risk Solutions, Limited (JLT), after certain excess claims liability insuranc... More...   $0 (10-22-2009 - OK)

Jessica Hardy (“plaintiff�) was a tenth grade student at Southside High School in Beaufort County during the 2007-2008 school year. On 18 January 2008, a fight involving numerous students occurred, and plaintiff was one of the students involved.

As a result, plaintiff was subsequently suspended for ten days, beginning 24 January 2008. Additionally, the principal of Southside High School... More...   $0 (10-20-2009 - NC)

Cathy Frost and John Spencer, friends who were at times romantically involved, ran a business together from the late 1980s to the early 2000s. When their working relationship deteriorated, Spencer sued for division of the partnership property under the law of domestic relations. Frost agreed to a dissolution of their business partnership under a framework for the “equitable distributionâ€� of as... More...   $0 (10-20-2009 - AK)

George Milam Hall submitted to a local newspaper, the Coffey County Republican (“The Republicanâ€�), an advertisement opposing the election bid of Judge Phillip M. Fromme. He paid to have the ad run on two occasions. The paper ran the ad the first time but not the second, instead running an ad supporting Judge Fromme, which was paid for and signed by a number of attorneys, including Coffey Count... More...   $0 (10-19-2009 - KS)

Plaintiff, Lamar Whiteco Outdoor Corporation, initiated an action that led to a permanent injunction barring defendant, the City of West Chicago (City), from enforcing an advertising ordinance against plaintiff. The ordinance remains in effect as to all other outdoor advertisers. The trial court ruled that plaintiff is eligible for attorney fees and costs as a "prevailing party" under section 1988... More...   $0 (10-16-2009 - IL)

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)

Plaintiff-Appellant Ibrihim Kiswani (“Kiswani�) appeals from the magistrate judge’s order that denied reconsideration of his post-trial motions. Because Kiswani failed to meet our quaint rules on timing of appeals, the magistrate judge’s opinion is affirmed.

I. BACKGROUND

Kiswani was arrested outside a nightclub on July 31, 2004, and charged with aggravated unlawful use of a ... More...   $0 (10-16-2009 - IL)

This case presents the question of whether a tenant‟s leasehold interest in property survives a land contract vendee‟s forfeiture when the tenant is not made a party to the forfeiture action and the vendor has actual knowledge that the tenant is in possession of the property. We conclude that in this case the tenant‟s leasehold interest survives.

Facts and Procedural History

On... More...   $0 (10-15-2009 - IN)

In this case, a policyholder brought causes of action for breach of contract and bad faith rescission against his insurance company, and sought actual and punitive damages for the company’s termination of his health care insurance from original issuance on the grounds of a purported misrepresentation. The jury awarded the policyholder $36,000 in actual damages on the breach of contract claim, ... More...   $0 (10-14-2009 - SC)

This appeal arises from a civil administrative action by the Consumer Protection Division of the Maryland Office of the Attorney General (“CPDâ€�) against appellants Julia B. Passyn, Theodore B. Passyn, Theodore B. Passyn, III (“the Passynsâ€�), and Bayly Crossing, LLC. CPD charged appellants with failing to register under the Home Builder Registration Act (“HBRAâ€�), Maryland Code (2004 Rep... More...   $0 (10-13-2009 - MD)

Defendant Roman Catholic Diocese of Burlington, Vermont appeals an adverse final judgment on the grounds that the superior court erred by (1) granting plaintiff James Turner’s motion for judgment as a matter of law and setting aside the jury’s finding on the statute of limitations’ discovery period, (2) failing to dismiss plaintiff’s claim of negligent supervision, and (3) granting a mistr... More...   $0 (10-12-2009 - VT)