This is an appeal from a trial court’s order terminating appellant A.A.M’s parental rights to S.A.C., a minor child.1 A.A.M. contends the trial court erred in terminating her parental rights because the evidence is legally and factually insufficient to support the trial court’s findings that: (1) A.A.M. constructively abandoned S.A.C., and (2) termination was in S.A.C.’s best interest. We ... More...   $0 (05-22-2013 - TX)

Village Place, Ltd. purchased the Village Shopping Center with a non-recourse promissory note secured by a deed of trust pledging the property as collateral. The deed of trust included provisions that under certain circumstances created exceptions to the non-recourse nature of the loan. Bob Yari guaranteed the

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loan. When Village Place defaulted, VP Shopping, LLC (VPS), the notehold... More...   $0 (05-21-2013 - TX)

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak�) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt�). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,â€� which is codi... More...   $0 (05-21-2013 - TX)

In this employment discrimination case, Dr. Willana Geneva Turner appeals from a district court order that entered judgment on the pleadings in favor of the City of Tulsa, Oklahoma. We have jurisdiction under 28 U.S.C. § 1291, and affirm for substantially the same reasons identified by the district court.

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* After examining the briefs and appellate record, this panel... More...   $0 (05-21-2013 - OK)

Robert Jeffrey Chaskes, D.O., Sandra Saint-Eloi, A.R.N.P., and their employer Vohra Health Services, P.A., appeal from a final judgment in this medical malpractice action for the negligent treatment of a sacral decubitus ulcer (a bedsore). The defendant doctor and nurse treated then eighty-eight-year-old Dilia Jaquez over a period of two weeks while she was at Miami Gardens Nursing Center followin... More...   $0 (05-20-2013 - FL)

This case is unusual, in part, because of the incentives established under the Florida Birth-Related Neurological Injury Compensation Association (“NICAâ€�) statute, sections 766.301-316, Florida Statutes, which sets forth an administrative process for infants who sustain severe birth-related neurological injuries to establish their eligibility for NICA plan benefits. Emma Johnston suffered perm... More...   $0 (05-17-2013 - FL)

In this case, we consider a certified question concerning the award of compensation under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). We have for review the decision of the Fifth District Court of Appeal in Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). The Fifth District upheld the constitutionality of section 766.31(1)(b)1, Florid... More...   $100000 (05-16-2013 - FL)

After John Herman’s death, the Estate of John Herman was substituted as the appellant in the instant action. The Estate appeals a district court decision upholding the workers’ compensation commissioner’s denial of benefits for Herman’s right foot injury. Because we find the commissioner’s outright rejection of uncontroverted medical opinions is not supported by substantial evidence when... More...   $0 (05-16-2013 - IA)

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from ... More...   $0 (05-15-2013 - SC)

In 2008, the Borough of Palmyra (“Palmyraâ€�) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAIâ€�), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

Petitioner-Appellee initiated proceedings pursuant to Article 3 of the Hague Convention on Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11, 679, 1343 U.N.T.S. 89, reprinted in 51 Fed. Reg. 10, 494 (Mar. 26, 1986) (“Hague Conventionâ€� or “Conventionâ€�), implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq. (2000), whic... More...   $0 (05-14-2013 - NY)

1. Glenda Davis, Plaintiff herein, is an individual with her only residence in Tulsa County,
State of Oklahoma.

2. Defendant Benny’s Restaurant, which does business as Crescent Café, is a dontic for
profit corporation, with its principle place of business located in Tulsa County, State of Oklahoma.

3. This action arises due to a serious bodily injury which occurred to ... More...   $1 (05-10-2013 - OK)

Protect Environmental Services, Inc. (“Protectâ€� or “Appellant/Cross-Appelleeâ€�), in a single issue, asserts that the trial court abused its discretion in awarding a reduced portion of the attorney’s fees and expenses Protect incurred. Norco Corporation (“Norcoâ€� or “Appellee/Cross-Appellantâ€�), in a sole issue, alleges error by the trial court in denying Norco’s motion for new tri... More...   $0 (05-09-2013 - TX)

Appellant, Martha, appeals the trial court‘s order terminating her parental rights to her two daughters, D.N. and D.N. On appeal, Martha contends the evidence is insufficient to support the trial court‘s order of termination. We will reverse.

Factual and Procedural History

Emergency Removal and First Petition for Termination In February 2010, the Spearman Police Department was al... More...   $0 (05-09-2013 - TX)

Andrea Olsen was employed by the Capital Regional Medical Center (CRMC) as a mammography technician. Olsen, who has epilepsy, suffered numerous seizures at work. After Olsen was unable to reduce her seizures with CRMC's office accommodations, CRMC placed Olsen on unpaid administrative leave. CRMC offered to reinstate Olsen after learning Olsen was taking medicine that successfully controlled the s... More...   $0 (05-07-2013 - mo)

Plaintiff Kimberly Squires filed this diversity action against Defendant Breckenridge Outdoor Education Center asserting claims for negligence and gross negligence following a ski accident in which she was injured. The magistrate judge granted Defendant’s motion for summary judgment in part, concluding Plaintiff’s mother, Sara Squires, had validly released any claim for negligence against Defe... More...   $0 (05-07-2013 - CO)

9 Plaintiffs Marcia L. Caronia, Linda McAuley, and Arlene Feldman appeal from a
10 judgment of the United States District Court for the Eastern District of New York, Carol Bagley
11 Amon, Judge, dismissing their tort claims alleging negligence, strict products liability, and breach of
12 the Uniform Commercial Code ("UCC") implied warranty of merchantability in connection with the
... More...   $0 (05-01-2013 - NY)

This is an appeal from a judgment terminating a mother’s parental rights to her six children. The Texas Department of Family and Protective Services (TDFPS) sought termination of both the mother’s and the father’s parental rights. After a bench trial, the court found TDFPS presented clear and convincing evidence establishing that Appellant: knowingly placed or knowingly allowed the [children... More...   $0 (04-30-2013 - TX)

In Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440 (2003), the Supreme Court set out a test for determining whether a shareholder-director of a professional corporation is an “employeeâ€� for purposes of the Americans with Disabilities Act (ADA). Id. at 449-50. This appeal allows us to consider whether that test applies to business entities that are not professional corporatio... More...   $0 (04-30-2013 - PA)

Behnam Khani and his trial counsel, Payam Shahian and Strategic Legal Practices, appeal from an attorney disqualification order. We reverse.

FACTUAL AND PROCEDURAL SUMMARY

On August 11, 2011, Khani, represented by Shahian and his law firm, Strategic Legal Practices, sued Ford Motor Company (Ford) and its dealer, Galpin Motors, Inc., under the Song-Beverly Consumer Warranty Act (Civ. ... More...   $0 (04-25-2013 - ca)

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil... More...   $0 (04-25-2013 - CA)

C.E.S., a juvenile, appeals from an order adjudicating him for delinquent conduct of aggravated sexual assault of a child. On appeal, C.E.S. raises three issues for review. For the reasons that follow, we affirm.

PROCEDURAL BACKGROUND

The State filed an original petition based on delinquent conduct on March 11, 2008. The State subsequently filed a first amended petition on March 18, ... More...   $0 (04-20-2013 - TX)

The United States of America charged Paul R. Gunter, age 64, with conspiracy to defraud the United States, frauds and swindles, fraud by wire, radio or television, attempted and conspiracy to commit mail raud, fraud by wire, radio or television, money laundering, postal, interstate wire, radio, etc., in interstate commerce in violation 18 U.S.C. 1341.F, 18 U.S.C. 1343.F, 18 U.S.C. 1348.F, 18 U.S.C... More...   $0 (04-19-2013 - FL)

1, The Defendant failed and refused to give any documents regarding Plaintiffs Rights on both stays according to State Law. A booklet was finally given on a Tuesday, November 1, 2011 at2:00 pm, 5 days after I arrived to all patients, including me (Plaintiff). Whereas the booklet and other documents on Patient’s Rrights were to be given at the time of admittance. Exhibit “J�

CAUSE OF... More...   $0 (04-18-2013 - OK)

1. That the Plaintiff is a resident of Oklahoma County, State of Oklahoma.

2. That the Defendant is an incorporated school district located within Oklahoma County, State of Oklahoma.

3. That on or about July 22, 2011 Defendant was placed on notice of the tort claim of the Plaintiff. That ninety (90) days expired after notice to the Defendant without the Defendant accepting liability,... More...   $0 (04-18-2013 - OK)