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Ricardo Barrera, M.D. v. Isela Rico and Manuel Rico, individually and as parents and next friends of Gloria Rico

On remand from the Texas Supreme Court, we address the contentions made by appellant, Ricardo Barrera, M.D., that the trial court erred: (1) in granting a motion to extend the expert report deadline filed by appellees, Isela Rico and Manuel Rico, individually and as parents and next friends of Gloria Rico., a minor (collectively "the Ricos"); and (2) in denying Barrera's motions for sanctions and... More...   $0 (11-07-2008 - TX)

Citizens National Bank v. Velma G. Bryce, et al.

By petition for writ of mandamus and interlocutory appeal, Relator/Appellant Citizens National Bank challenges the trial court's order denying its motion to compel arbitration and stay the underlying proceedings. (1) We deny the Bank's petition for writ of mandamus and affirm the trial court's order.

Background

The underlying dispute arises from the Bank's alleged misappropriation an... More...
   $0 (11-07-2008 - TX)

The City of Midlothian, Texas v. Letha Black

In this interlocutory appeal of the trial court’s denial of the City of Midlothian’s (Midlothian) plea to the jurisdiction, we decide if Texas Water Code section 11.086(a) expressly waives governmental immunity for Appellee Letha Black’s water code violation claim and then consider her alternative inverse condemnation claim. We hold that Midlothian is immune and that Black’s inverse conde... More...   $0 (11-07-2008 - TX)

Michael Reeves v. Crawford Insurance Company

Michael Reeves failed to appear for two hearings on his motion for new trial/motion to reinstate. The trial judge imposed a sanction against Reeves of $500 payable to Crawford Insurance Company. Reeves appeals the sanction order. We affirm the trial court's judgment.

The law is well established that to present an issue to this Court, a party's brief shall contain, among other things... More...
   $0 (11-07-2008 - TX)

Pete Rozelle, Jr. v. Barbara K. Fellows, David Brock and E. Edd Pritchett

Pete Rozelle, Jr. appeals the trial court's orders granting summary judgment in favor of Barbara K. Fellows, David Brock, and E. Edd Pritchett and declaring that Fellows and Brock are the owners of a tract of land in Kendall County. Because Rozelle's claim of ownership as the alleged beneficiary of an alleged express trust is barred by the statute of frauds, we affirm the trial court's orders.More...   $0 (11-07-2008 - TX)

Rolando Rafael Saenz v. Maria Garciela Saenz Martinez, Individually and as Trustee for the Rolando Rafael Trust, and Pedro I. Saenz Jr.

Maria Graciela Saenz Martinez, Individually and as Trustee for the Rolando Rafael Trust, and Pedro I. Saenz Jr. (“appellees”) sought to enforce a mediated settlement agreement by filing traditional and no evidence motions for summary judgment. The trial court granted the motions and Rolando Rafael Saenz (“Saenz”) appeals. We affirm the trial court’s judgment.



BackgroundMore...
   $0 (11-07-2008 - TX)

Hugh T. Mitchell III and Janice K. Mitchell v. Terrell Timmerman

This is an appeal from a summary judgment that presents limitations issues. For the reasons explained below, we will affirm the judgment.

Spouses Hugh T. ("Tex") Mitchell, III and Janice K. ("Kim") Mitchell own residential property at 6206 Burns Street in Austin. Immediately behind the Mitchells' property is property owned by Terrell Timmerman at 6215 North Lamar. On Timmerman's property, ... More...
   $0 (11-07-2008 - TX)

Progressive Child Care Systems, Inc., et al. v. Kids'R Kids International, Inc and Patrick D. Vinson

Appellants Progressive Child Care Systems, Inc., Karry L. Dunn, and Heather Dunn[2] appeal the trial court=s judgment based on a jury verdict in favor of Appellees Kids >R= Kids International, Inc. and Patrick D. Vinson[3]. The verdict awarded Kids >R= Kids past-due and future royalty payments related to two franchise agreements. In three issues, Progressive argues that there was legally and fac... More...   $1384008 (11-07-2008 - TX)

Mark Cougle v. County of DeSoto, Mississippi; Mark Blackson, Individually and in His Official Capacity as a DeSoto County Sheriff Deputy

Plaintiff Mark Cougle appeals the grant of the defendants’ Motion for Summary Judgment. Based on our agreement with the district court that Cougle’s claims under 42 U.S.C. § 1983 are barred by the application of Heck v. Humphrey, 512 U.S. 477 (1994), we affirm.

I.

In August 2006, Cougle filed a complaint for money damages against the County of Desoto and Mark Blackson, a detecti... More...
   $0 (11-07-2008 - MS)

Kendra Lynn v. TNT Logistics North America

This case for sexual harassment brought pursuant to the Missouri Human Rights Act, Section 213.010,1 (“the MHRA”) and tried by a jury, was brought by Kendra Lynn, an employee, against her employer, TNT Logistics North America, Inc. (“TNT”).2 The jury returned an eleven-to-one verdict for Lynn on her claim for sexual harassment and awarded compensatory damages of $50,000. In a bifurcated pr... More...   $3750000 (11-07-2008 - MO)

Craig Arthur Humphries; Wendy Daw Aborn Humphries v. County of Los Angeles, et al.

Appellants Craig and Wendy Humphries are living every parent’s nightmare. Accused of abuse by a rebellious child, they were arrested, and had their other children taken away from them. When a doctor confirmed that the abuse charges could not be true, the state dismissed the criminal case against them. The Humphries then petitioned the criminal court, which found them “factually innocent” of ... More...   $0 (11-07-2008 - CA)

Donald Sullivan; Deanna Evich; Richard Burkow v. Oracle Corporation; Oracle University

Oracle Corporation (“Oracle”), a large software company, has employed hundreds of workers to train Oracle customers in the use of its software. During the period relevant to this suit, Oracle classified these workers as teachers who were not entitled to compensation for overtime work under either federal or California law. Three nonresidents of California brought a would-be class action agains... More...   $0 (11-07-2008 - CA)

Michael Rogers, et al. v. Royal Caribbean Cruise Line; M/V Monarch of the Seas

Michael Rogers and Hulya Kar appeal the district court’s order granting their employer’s motion to compel arbitration. They argue that federal statutes exempt their employment contracts from the scope of Title 9 of the United States Code. We conclude that their employment contracts are “considered as commercial” under Title 9. Therefore, we hold that the arbitration provisions contained in... More...   $0 (11-07-2008 - CA)

Wildwest Institute; Friends of the Bitterroot, Inc. v. Dave Bull; Abigail Kimbell; United States Forest Service, Bitter Root Resource Conservation and Development Area, Inc.; Ravlli County; Sula Volunteer Fire Department; Robert Wetziseon; Becki Linderman; Rocky Mountain Log Homes

We must decide whether the United States Forest Service complied with federal environmental law in its management of the Bitterroot National Forest.

I In order to effectuate its management role over the national forests, the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600 et seq., requires the United States Forest Service (“Forest Service”) to develop and to maintain fo... More...
   $0 (11-07-2008 - MT)

Michael Hickenbottom v. Samuel Nassan and Juan Curry

Michael Hickenbottom sued Trooper Samuel Nassan and Cpl. Juan Curry on a civil rights theory under 42 U.S.C. 1983 for using unreasonable force in attempting to apprehend his son Michael Ellerbe, age 12, on December 24, 2002. Michael stole an SUV and ran from the officers when he crashed the vehicle. The officers shot to death. Plaintiff sought damages for the wrongful death of his son.

... More...
   $12500000 (11-07-2008 - MI)

Family and Estate of Amy Altman v. Dana-Farber Cancer Institute, Dr. Suzanne George and Dr. Jeffrey Morgan

Family and Estate of Amy Altman sued the Dana-Farber Cancer Institute and others on a medical negligence (medical malpractice) theory claiming that acted below the standard of care in failing to properly assess and diagnose that her complaints of diarrhea represented fatal side effects of the experimental bone cancer treatment was being used to treat her.

Altman developed the diarrhea ab... More...
   $13500000 (11-07-2008 - MA)

Laurie Clifford v. Ninety Nine Restaurants of Boston and David Kvinlaug of Haverhill

Laurie Clifford sued Ninety Nine Restaurants of Boston and David Kvinlaug of Haverhill on an auto negligence theory for the injuries and damages that she suffered as a result of a car wreck on May 18, 2003. Plaintiff claimed that bartenders at the Ninety Nine Restaurant & Pub at 267 Chickering Road in North Andover served Kvinlaug - then a restaurant employee - the equivalent of 11, 12-ounce draft... More...   $0 (11-07-2008 - MA)

James Austin v. Savannah Johnson

James Austin sued Savannah Johnson on an auto negligence theory. The claims made and defense asserted are not available.... More...   $17500 (11-06-2008 - OK)

Rexroth Hydraudyne, B.V. v. Ocean World Lines, Inc., Cocsco North America, Inc., Cosco Americas, Inc. and Cosco Container Lines Americas, Inc.

Two years ago this Court examined the interplay of two federal statutes that govern the
12 transport of goods from foreign shores to inland delivery points in the United States. See Sompo
13 Japan Ins. Co. of Am. v. Union Pac. R.R., 456 F.3d 54 (2d Cir. 2006). We concluded that, when
14 a rail carrier is charged with damage to the shipment, its liability is defined by the Carmack
1... More...
   $0 (11-06-2008 - NY)

RANDALL K. TUCKER v. ASSOCIATED GROCERS OF MAINE, INC., et al.

[¶1] Associated Grocers of Maine, Inc., (AGM) appeals from a decision of a Workers’ Compensation Board hearing officer (Elwin, HO) granting Randall K. Tucker’s petition for review. AGM contends that the hearing officer erred in awarding Tucker 100% partial benefits and ongoing partial benefits based on part-time earning capacity because, although Tucker has full-time, light duty earning capac... More...   $0 (11-06-2008 - ME)

Bruce Mouser v. Michael J. Astrue

Bruce Mouser appeals from the district court’s order denying remand and affirming the Commissioner’s denial of disability insurance benefits and supplemental security income benefits. We affirm.

I.

Mouser is a forty-four-year-old man who completed high school by taking special education classes. Prior to filing for disability, Mouser worked as a gin worker and fork-lift operator ... More...
   $0 (11-06-2008 - AR)

Richard Roeben v. BG Excelsior L.P.

Richard Roeben filed suit against his former employer, BG Excelsior Limited Partnership d/b/a The Peabody Little Rock (“Peabody”), for age discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34. The district court1 granted the Peabody’s motion for summary judgment, and Roeben appeals. Because the evidence does not support an inference that the Peabody ter... More...   $0 (11-06-2008 - AR)

SHELLEY DENISE HODGE, now WISSINGER v. SCOTT WYLIE HODGE

¶1 On February 14, 1984, Plaintiff, Shelley Denise Hodge, now Wissinger, [Wife] and Defendant, Scott Wylie Hodge, [Husband] were married. On May 1, 1985, Husband enlisted in the U.S. Air Force. On June 22, 1998, they were divorced by a consent decree.1 Among other things, the decree awarded Wife "one-half Defendant's retirement pay from the military." Neither party appealed the decree.

¶2... More...
   $0 (11-06-2008 - OK)

TITUS EAPEN v. DALLAS McMILLAN

¶1 Appellant, Titus Eapen, filed a petition alleging race and national origin discrimination under a public policy tort theory against Appellee, Dallas McMillan, in violation of 25 O.S. 2001 §§1101, et seq., a Burk-tort, and a claim for tortious interference. McMillan filed a motion to dismiss, which the trial court granted with prejudice and without leave to amend.1 Eapen seeks review of the t... More...   $0 (11-06-2008 - OK)

KILPATRICK v. KILPATRICK

¶1 Petitioner/Appellant, Susan Cherie Fritts Kilpatrick (Mother), appeals the trial court's denial of her motion to terminate joint custody, and its finding that she was guilty of contempt of court. We affirm the trial court's order as modified herein.

FACTS

¶2 In September 2001, Mother married Respondent/Appellee, Timothy Allen Kilpatrick (Father), a week after their child was bor... More...
   $0 (11-06-2008 - OK)

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