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)

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)

Following a jury verdict, Frederick and Barbara Beaty appeal a judgment denying their medical negligence claims against the defendants, St. Luke’s Hospital of Kansas City, Dr. Desmond Young, Cardiovascular Consultants, P.A., and Dr. Martin Zink III. The Beatys contend the circuit court abused its discretion in: (1) allowing a treating physician to testify as a defense expert after the physician ... More...   $0 (11-17-2009 - MO)

Barbara Brown (Brown) hurt her knee while working as a truck driver for J.B. Hunt Transport Services, Inc. (Hunt). Prudential Insurance Company of America (Prudential), which insured Hunt’s employee welfare benefits plan (Plan), discontinued Brown’s long-term disability (LTD) benefits and ignored her requests for information about its decision. Brown sued Hunt and Prudential under ERISA1 for r... More...   $0 (11-17-2009 - AR)

Since the entry of a 1993 consent decree, the district court1 has overseen the enforcement of a settlement in an antitrust class action brought by the above-named class members against the National Football League and its member clubs (NFL or League). Throughout that time, the district court has resolved numerous disputes over the terms of the Stipulation and Settlement Agreement (settlement agree... More...   $0 (11-16-2009 - )

Edwin Hardt and Karl Hardt (“the Hardts�) appeal from the circuit court’s judgment dismissing for lack of standing their petition to enforce their charitable gift and the conditions thereon to the Vitae Foundation, Inc. (“Vitae�). We affirm.

Factual and Procedural Background

Appellants Edwin Hardt and Karl Hardt are executors of the estate of Selma J. Hartke. Pursuant to M... More...   $0 (11-10-2009 - MO)

Diane Bond sued the City of Chicago and several members of its police department, claiming that the officers violated her constitutional rights while performing official duties. During discovery, the City turned over voluminous material relating to citizen complaints against its police officers; the information was subject to a protective order that prohibited public disclosure of these confidenti... More...   $0 (11-10-2009 - IL)

This copyright-infringement case is “one of several hundred filed by [Bridgeport Music, Inc., and Southfield Music, Inc.] against entities and/or individuals associated with the ‘rap’ or ‘hip-hop’ music industry,â€� seeking declaratory judgment, injunctive relief, and damages from some 800 defendants for copyright infringement under the federal copyright statute, 17 U.S.C. §§ 101 et se... More...   $0 (11-06-2009 - TN)

Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a... More...   $0 (11-03-2009 - TX)

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)

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)

Samuel and Tina Whitson, the parents of Luke Whitson, a fourth grader at Karns Elementary School, sued the Knox County Board of Education and others under 42 U.S.C. 1983 claiming that Defendants violated Luke's rights by refusing to read and discuss Bible passage during recesses with other students. Plaintiffs sought $1 in damages, recognition that his rights were violated and an injunction agains... More...   $0 (10-30-2009 - TN)

Frank Brunker sued Schwan’s Home Service, Inc., his former employer, for disability discrimination and failure to accommodate in violation of the Americans with Disabilities Act (“ADAâ€�), 42 U.S.C. §§ 12101 et seq. On appeal he challenges the district court’s grant of summary judgment for Schwan’s, in which the court determined that Brunker was not disabled. He also challenges earlier r... More...   $0 (10-22-2009 - IN)

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)

The court has adopted a construction of the Fair Labor Standard Act’s anti-retaliation provision that is unique among the circuits. On the one hand, the court understands the statute’s “filed any complaintâ€� language to cover intra-company complaints about unfair labor practices, but on the other it concludes that oral complaints fall outside the reach of the statute. Kasten v. Saint-Gobain... More...   $0 (10-16-2009 - WI)

On January 2, 2004, Judith Long (“Defendantâ€�) caused a minor automobile accident. She was stopped at a red light behind another vehicle, on a multi-lane highway. To her immediate left was a left-turn lane, and when the left turn arrow appeared, the vehicles in that lane proceeded forward. Although the light for Defendant’s lane remained red, she also proceeded forward approximately two feet ... More...   $0 (10-16-2009 - TN)

Kathleen Sharp appeals the district court’s dismissal of one federal claim (Title VII) and three related state-law claims against the Worthington City School District Board of Education. We affirm.

I.

Sharp taught in the Worthington school district from 1992 until the school board fired her in 2008. At some point near the end of her tenure, she filed discrimination charges against ... More...   $0 (10-16-2009 - OH)

Appellant, Janell S. Marin appeals from a judgment in favor of appellee, IESI TX Corporation ("IESI"). The judgment was rendered in accordance with the jury's findings that Marin committed forgery, misapplication of fiduciary property, fraud, and conversion. In nine issues, Marin challenges the trial court's admission of evidence, the legal and factual sufficiency of the evidence, and the award o... More...   $0 (10-15-2009 - TX)

Illinois Beach State Park is a large state park abutting Lake Michigan in northeastern Illinois; it attracts upward of two million visitors in some years. The plaintiff, a nonprofit corporation that helped to create and continues to support the park, filed this suit under 42 U.S.C. § 1983 against state officials involved in its management and the state agency that operates the park, charging infr... More...   $0 (10-14-2009 - IL)

This is an appeal from the district court‘s entry of judgment notwithstanding the verdict (j.n.o.v.) in favor of respondents in a medical malpractice case after the district court found that the appellants‘ expert testimony regarding causation was scientifically unreliable. Because we find that the district judge impermissibly weighed the evidence in considering respondents‘ motion and that ... More...   $0 (10-13-2009 - ID)

Plaintiffs are current and former students of Burleson High School, located in Burleson, Texas. In response to previous incidents, the high school adopted a policy prohibiting the display of the Confederate flag on school grounds. When plaintiffs A.M. and A.T. came to school at the beginning of the spring 2006 semester carrying purses adorned with large images of the Confederate battle flag, admin... More...   $0 (10-10-2009 - TX)

This appeal arises out of a district court’s judgment awarding appellant/cross-respondent Eric Webb, a minor, general and special damages for injuries sustained after Webb’s teacher, respondent/cross-appellant Roger Phillips, placed his hand on Webb’s chest during a disturbance at school. In this opinion, we address two issues of first impression: (1) whether the Paul D. Coverdell Teacher P... More...   $0 (10-08-2009 - NV)

Psychotherapist Brian Fears does business as Choices Family Education Services, S.C. (“Choicesâ€�). Choices, Brian Fears and his wife, Jennifer, (collectively, Fears) appeal from a summary judgment granted in favor of Ann Brill, a certified public accountant. Fears claimed that Brill was negligent and breached her fiduciary duty in performing her accountant responsibilities. We agree that Fea... More...   $0 (10-07-2009 - WI)

This is a legal malpractice action in which plaintiff contends that defendant, his former attorney, negligently handled his personal injury action by failing to assert claims against the owner of the land where the injury occurred. The trial court concluded that the owner of the land was immune from liability for injuries that arose out of the use of its property for recreational purposes and tha... More...   $0 (10-07-2009 - OR)