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Chris Lowry, et al. v. Watson Chapel School District, et al.

Chris Lowry, Colton Dougan, and Micheal Joseph (collectively "plaintiffs"),2 students in the Watson Chapel School District ("school district") during the events in question, brought this action under 42 U.S.C. § 1983, claiming that the school district, the school district's superintendent, the principal of Watson Chapel Junior High, and the school district's school board members (collectively ref... More...   $0 (09-02-2008 - AR)

Gina Jenkins v. Donald C. Winter

Gina M. Jenkins sued Donald C. Winter,1 Secretary of the Navy (the Navy), End to End, Inc. (ETE), Wesley Jones, and Clayton Hartley for sexual harassment and retaliation. In addition, Jenkins asserted state law claims against Jones and Hartley for assault and battery, and defamation of character. The Navy and ETE moved for summary judgment; the district court granted it. The court also granted Har... More...   $0 (09-02-2008 - MO)

Elizabeth de la Rama v. Illinois Department of Human Services and Mary Zukowski

Elizabeth de la Rama1 brought this lawsuit against her employer alleging discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., interference with her rights under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq. and common law defamation. The district court granted the defendants’ motion for summary judgment and de la Rama appeals.... More...   $0 (09-02-2008 - IL)

EraGen Biosciences, Inc. v. Nucleic Acids Licensing LLC and Steven A. Benner

Litigation can sometimes take on a life of its own, propelling the parties into maneuvers and rhetorical flourishes that might not have been undertaken in more placid times. This case seems to be a cautionary tale for how the pressures of litigation can overtake parties like Hokusai’s wave swamping the boats (“The Great Wave Off Kanagawa,” ca. 1831, Katsushika Hokusai (1760-1849)).

... More...
   $0 (09-02-2008 - WI)

Wells Fargo Bank, N.A. v. Paul Siegel

Ty-Walk Liquid Sales, Inc., provided products and marketing services to farmers. Unfortunately, it fell on hard times and closed its doors on August 23, 2001, leaving behind millions of dollars of debt that it owed to Wells Fargo Bank, N.A. The debt was secured by, among other things, Ty-Walk’s accounts receivable, and one of those accounts was with defendant Paul Siegel. When it could not colle... More...   $0 (09-02-2008 - IL)

Jean McCarter, et al. v. Retirement Plan for the District Managers of the American Family Insurance Group, et al.

American Family Insurance Group amended its pension plans in 1997 to allow participants to elect cash distributions (with values actuarially equal to the participants’ vested pensions) when they leave its employ. As amended, the plans give workers 90 days to choose whether to take lump sums immediately or annuities when they reach retirement age. Plaintiffs exercised the lump-sum option. Now the... More...   $0 (09-02-2008 - WI)

Gaetano Zanelli v. Thomas McGrath

Gaetano Zanelli (Zanelli), the owner of property commonly known as 66 Clarendon Avenue, appeals from a judgment quieting title to an adjacent property owned by Thomas McGrath (McGrath) commonly known as 60 Clarendon Avenue. After a court trial, the court found that Zanelli has no enforceable view easement burdening McGrath’s property, either because the easement was extinguished by merger, or wa... More...   $0 (09-02-2008 - CA)

Commodity Futures Trading Commission v. Jay M. Levy

Jay M. Levy appeals from a final judgment entered by the United States District Court for the Southern District of Florida after a bench trial, finding him liable for multiple acts of solicitation fraud in violation of Section 4c(b) of the Commodity Exchange Act (“CEA”), 7 U.S.C. § 6c(b) (2000),1 and imposing various sanctions against him. Levy contends that the court erred in (1) multiplying... More...   $146350 (09-02-2008 - FL)

Della Dial, et al. v. Healthspring of Alabama, Inc., Marcus Trotter

This appeal presents the question whether a complaint about conduct regulated by the Medicare Act filed in a state court may be removed to a federal court. Seven individual beneficiaries of the federal Medicare program filed a complaint against Healthspring of Alabama, Inc., the administrator of a Medicare Advantage health-insurance plan. Healthspring removed the case to a federal court and assert... More...   $0 (09-02-2008 - AL)

Norman Carpenter v. Mohawk Industries, Inc.

Before the Court are the following: (1) Appellant’s appeal of a district court’s order granting Appellee’s motion to compel responses and produce documents Appellant contends are protected by the attorney-client privilege; (2) Appellant’s companion petition for writ of mandamus seeking to compel the district court judge to vacate the order as it relates to the motion to compel; and (3) App... More...   $0 (09-02-2008 - GA)

Janet J. Jeanes, etc. v. Bank of America, N.A.; Bank of America Corporation; Rudy Wrenick; and Sharon Kunard

Janet J. Jeanes appeals from a summary judgment granted in favor Sharon Kunard and Rudy Wrenick in Jeanes' negligence, breach of fiduciary duty, and breach of contract claims. On appeal, Jeanes contends that the trial court improperly determined that the claims against Kunard sounded in tort. We disagree. In addition, Jeanes asserts that the trial court inappropriately granted summary judgment in ... More...   $0 (09-02-2008 - )

Willie Chavez and Mary Ellen Chavez, etc. v. Lovelace Sandia Health Systems, Inc. d/b/a Lovelace Health Plan

{1} In this medical malpractice action, Defendant Lovelace Sandia Health System, Inc. appeals from a contempt order entered by the district court. We address whether the district court erred in imposing a punitive sanction against Defendant for refusal to comply with a discovery order that required Defendant to produce documents Defendant claimed were immune because they contained information... More...   $0 (09-02-2008 - NM)

Asael Farr & Sons v. Truck Insurance Exchange, et al.

¶1 Appellant Asael Farr & Sons Company (Farr) appeals the trial court's denial of Farr's motion for partial summary judgment against Safeco Insurance Co. (Safeco), American States Insurance Co. (American States), Hartford Steam Boiler Inspection and Insurance Co. (Hartford), Trustco, Inc. (Trustco), and Andrew L. Reed; and the court's grant of summary judgment in favor of Appellees Reed, Trustco,... More...   $0 (09-01-2008 - UT)

Sharon M. Carpenter v. Michael J. Astrue, Commissioner of Social Security Administration

Plaintiff Sharon M. Carpenter appeals from the denial of her applications for social security disability insurance and supplemental security income benefits. We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), and we reverse and remand for further proceedings.

I

Mrs. Carpenter was born on April 22, 1978. She filed applications for benefits under both Title II and Ti... More...
   $0 (09-01-2008 - OK)

Michael A. Brady v. UBS Financial Services, Inc.; Greater Southwest Funding Corporation

Michael Brady brought suit against Greater Southwest Funding Corporation (“GSW”) and UBS Financial Services (“UBS”), which Brady contends is GSW’s alter ego, for payment on bonds issued by GSW. The district court dismissed Brady’s claims as time barred. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and holds that Brady acquired a right to sue on the Stated Maturity of his b... More...   $0 (09-01-2008 - OK)

City of Duncan, et al. v. Tulsa Spine Hospital, et al.

¶1 Petitioners, City of Duncan and City of Duncan Fire Department (collectively Employer), seek our review of a Workers' Compensation Court (WCC) order which found Petitioners' delay in payment of the medical bill submitted by Respondent, Tulsa Spine Hospital (Hospital), to be unreasonable and justified waiving the limits of the WCC's Schedule of Medical and Hospital Fees (the Schedule). Finding ... More...   $0 (08-31-2008 - OK)

Nicholas Systema v. Academy School District No. 20

Plaintiff-Appellant Nicholas Sytsema brought suit, by and through his parents, against the Academy School District for reimbursement for his educational expenses pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., (“IDEA” or the “Act”). The district court concluded that the Sytsemas were entitled to reimbursement for their expenses for the 2001–2002 ac... More...   $0 (08-31-2008 - CO)

Lisa Haggblom v. City of Dillingham

A Dillingham ordinance provides that any animal that bites a person without provocation shall be deemed vicious and, after quarantine, shall be euthanized. A Dillingham dog owner whose dog bit a co-worker without provocation appeals the city’s order, affirmed by the superior court, for euthanasia or banishment of the animal. Finding no constitutional or procedural infirmity, we affirm.

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   $0 (08-31-2008 - AK)

Charles E. Burnett v. Kenneth Covell

A visitor to a law office was injured when a chair in the office collapsed under him. He sued the owner of the law office to recover damages under two theories of liability: ordinary negligence and strict products liability. The superior court resolved both issues on summary judgment in favor of the office owner, and dismissed the suit with prejudice. Because the injured party failed to establish ... More...   $0 (08-31-2008 - AK)

Michael McKee v. AT&T Corporation

Michael McKee filed this class action suit, alleging AT&T wrongly charged him (and others) city utility surcharges and usurious late fees. When the Chelan County Superior Court found the dispute resolution provision of AT&T's Consumer Services Agreement unconscionable and denied its motion to compel arbitration, AT&T appealed. The Court of Appeals, Division Three, certified the case to this ... More...   $0 (08-31-2008 - WA)

Mary Bull, et al. v. City and County of San Francisco, et al.

In this interlocutory appeal, we consider whether a blanket policy of strip searching without reasonable suspicion of all individuals arrested and classified for housing in the general jail population violates the arrestees’ clearly established constitutional rights. Under the circumstances presented by this case, we conclude that it does, and affirm the order of the district court denying quali... More...   $0 (08-31-2008 - CA)

Western Filter Corporation v. Argan, Inc., et al.

Western Filter Corporation (“Western Filter”) appeals the district court’s grant of summary judgment in favor of Argan, Inc. (“Argan”). The district court had jurisdiction under 28 U.S.C. § 1332, and we have jurisdiction under 28 U.S.C. § 1291. We are asked to decide an issue of first impression under California law, whether a provision within a Stock Purchase Agreement (“SPA”) per... More...   $0 (08-31-2008 - CA)

Raymond Torres, et al. v. City of Los Angeles, et al.

In 2004, plaintiff Raymond Torres, who was then 16 years old, was arrested, without a warrant, on charges of murder and attempted murder. After 162 days of incarceration, Torres was released when the district attorney dismissed the charges against him. Following his release, Torres and his mother (“Plaintiffs”) brought a civil rights action against the City of Los Angeles, the Los Angeles Poli... More...   $0 (08-30-2008 - CA)

Robinette Amaker v. King County, et al.

In this case arising out of diversity jurisdiction, we are asked to decide whether Robinette Amaker, the surviving sister of Bradley Gierlich, may bring suit against defendants King County, Stanley Medical Research Institute (“SMRI”), and E. Fuller Torrey, after the King County Medical Examiners Office (“KCMEO”) provided Bradley’s1 brain, liver, and spleen tissue to SMRI for use in medic... More...   $0 (08-30-2008 - WA)

Evangelina Mendez, et al. v. County of San Bernardino, et al.

Plaintiff-Appellant Evangelina Mendez (“Mendez”) and members of her family brought this suit against the County of San Bernardino, the City of Hesperia, the San Bernardino Sheriff’s Department and various individual defendants (collectively, “the County”) under 42 U.S.C. § 1983 and state law, alleging violations of their civil rights. This case arose from the aftermath of an officer-inv... More...   $0 (08-30-2008 - ca)

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