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Statute of Limitation Law
Texas Department of Public Safety v. G.B.E.

The Texas Department of Public Safety appeals an order of expunction in favor of G.B.E. related to his arrest for driving while intoxicated. The primary legal issue presented in this appeal is whether the current version of chapter 55 of the Texas Code of Criminal Procedure allows a petitioner to obtain an expunction of records related to a charge that is dismissed, when that dismissal is obtained... More...   $0 (03-20-2014 - TX)

Karen White v. Valley County

This case comes to the Court as a certified question from the U.S. District Court for the District of Idaho, the Honorable Edward J. Lodge, U.S. District Judge, presiding. Karen White and her development company, Elkhorn, LLC, seek to recover $166,496 paid to Valley County for “capital investments for roads in the vicinity of [their] White Cloud development.” Pursuant to I.A.R. 12.3(c), this C... More...   $0 (03-18-2014 - ID)

Tina R. Haro v. City of Los Angeles

Because of an exemption written into the Fair Labor Standards Act (“FLSA”), Los Angeles City employees “engaged in fire protection” (i.e. firefighters) do not receive standard overtime pay—time and a half for all hours worked over forty in one workweek. Instead, firefighters receive overtime only after working 212 hours in a twenty-eight-day period.

Plaintiff fire department dispa... More...
   $0 (03-18-2014 - CA)

Glen Jones v. Jimmy D. Hand

Appellant, Glen Jones, challenges a take-nothing judgment in favor of appellee, Jimmy D. Hand. By four issues, Jones contends that the trial court included two improper jury questions in its jury charge, and the evidence is insufficient to support the jury’s verdict. We affirm.1

1 This case is before the Court on transfer from the Second Court of Appeals in Fort Worth pursuant

   $0 (03-13-2014 - TX)

Jerry Donnell v. American Family Mutual Insurance Company

Jerry Donnell appeals the district court ruling granting defendant American Family Mutual Insurance Company’s motion for summary judgment. Donnell claims the one-year limitations provision found in the insurance contract is inapplicable as it is contrary to Iowa law; and the limitations provision is unenforceable as it is unreasonable, unconscionable, and contrary to his reasonable expectations.... More...   $0 (03-12-2014 - IA)

Marcia Eisenhour v. Weber County

Marcia Eisenhour sued Weber County, three of its county commissioners, and a state judge. According to Ms. Eisenhour, the judge (Craig Storey) sexually harassed her and the County retaliated against her for reporting the harassment. She claimed violations of Utah’s Whistleblower Act, the First Amendment, the Fourteenth Amendment’s Due Process and Equal Protection Clauses, and Title VII. The di... More...   $0 (03-12-2014 - UT)

Tulsa Stockyards, Inc. v. Jason Clark

¶1 In this original proceeding, Tulsa Stockyards, Inc. (petitioner) challenges the constitutionality of the CompSource Mutual Insurance Company Act (Act), 2013 Okla. Sess. Laws, ch. 254 (codified at 85 O.S.Supp.2013, §§ 375.1 et seq.). The Act requires that CompSource Oklahoma (CompSource) be restructured to do business as a domestic mutual insurer without capital stock or shares under the name... More...   $0 (03-11-2014 - OK)

Maria La Russo v. St. George’s University School of Medicine

This appeal primarily concerns a narrow issue of federal procedural law and an equally narrow issue of New York procedural law. The federal law issue is whether a real party defendant in interest that owns and operates a non-juridical entity that was improperly sued in state court may remove a diversity case to federal court without filing an appearance in the state court prior to attempting remov... More...   $0 (03-11-2014 - NY)

Paige Trotter Holloway and Barbara Trotter Collins, Et Al v. Richard Monroe, Kathy Kyle and Dawn Rigby

This is an appeal from a summary judgment in favor of the Appellees, Richard Monroe, Kathy Kyle, and Dawn Rigby. The Appellants, Paige Trotter Holloway and Barbara Trotter Collins, Individually, as Co-Administrators of the Estate of J. T. Trotter, Deceased, as Co-Trustees of Trotter Grandchildren’s 1993 Trusts, J. T. Trotter 2004 Grantor Trust, Trotter GGC 2004 Trust, Trotter 1993 Trust for Paig... More...   $0 (03-08-2014 - TX)

Patricia Castagna v. Bill Luceno

Patricia Castagna, a former employee of Majestic Kitchens, Inc., appeals from an order of the United States District Court for the Southern District of New York (Cathy Seibel, Judge) dismissing Castagna’s state‐law tort claims as time‐barred. Castagna contends that the statute of limitations applicable to her tort claims against both Majestic and her former boss, Bill Luceno, was tolled by h... More...   $0 (03-05-2014 - NY)

Robert Riley v. Metropolitian Life Insurance Company d/b/a Metlife

In 2012, plaintiff Robert Riley filed suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., against defendant Metropolitan Life Insurance Co. ("MetLife"), arguing that MetLife had been underpaying his monthly benefits since its 2005 denial of his assertion that he was entitled to a larger payment calculation under his long-term disability insurance p... More...   $0 (03-04-2014 - MA)

Robert Filey v. Metropolitan Life Insurance Company d/b/a Metlife

In 2012, plaintiff Robert Riley filed suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., against defendant Metropolitan Life Insurance Co. ("MetLife"), arguing that MetLife had been underpaying his monthly benefits since its 2005 denial of his assertion that he was entitled to a larger payment calculation under his long-term disability insurance pl... More...   $0 (03-04-2014 - MA)

Lori Ramsay and Dan Smalling v. Kane County Human Resource Special Service District

¶ 1 Plaintiffs Lori Ramsay and Dan Smalling sued various parties based on the alleged failure of their employer, Kane County Hospital, to fund their retirement benefits at the level required by the Utah State Retirement and Insurance Benefit Act. The district court dismissed Plaintiffs’ claims for lack of jurisdiction because Plaintiffs conceded they had not exhausted their administrative remed... More...   $0 (02-25-2014 - UT)

Brandon J. Griffey v. Kibois Area Transit Systems (KATS)

¶1 Plaintiff Brandon J. Griffey appeals the summary judgment of the district court that his suit against Kibois Area Transit Systems (KATS) was barred by the notice and jurisdiction provisions of the Governmental Tort Claims Act (GTCA) contained in 51 O.S. Supp. 2006 §§ 156-157. On review, we affirm the judgment of the district court.


¶2 On June 17, 2010, Griffey w... More...
   $0 (02-25-2014 - OK)

Scott M. Matusick v. Erie County Water Authority

Appeal from judgments of the United States District Court for the
Western District of New York (Richard J. Arcara, Judge), after a jury trial, based
on, inter alia, the instruction to the jury not to give weight to administrative
findings, the juryʹs finding of liability on the plaintiffʹs state law discrimination
claims, the juryʹs finding of liability on the plaintiffʹs const... More...
   $0 (02-25-2014 - NY)

Rosa Avila v. Oklahoma City Public Schools

COMES NOW Plaintiff; Rosa Avila, as Mother and Next Friend of Luis Avila, Minor, by and through her attorney Greg Dark, and for her claims against the Defendants, states as follows:

1. On or about March 7, 2012 at 1415 5. Byers Avenue in Oklahoma City, Oklahoma County, State of Oklahoma, Plaintiff was injured when he fell in an unsecured drainage pit.

2. The Defendants, each of t... More...
   $0 (02-24-2014 - ok)

Ronald Nunn and Donald Vaden v. Massachusetts Casualty Insurance Company, NKA Centre Life Insurance Company

Plaintiffs‐Appellants appeal from a September 10, 2012 order of the United States District Court for the District of Connecticut (Arterton, J.) granting Defendant’s motion for summary judgment. The district court erred in failing to apply Pennsylvania’s reasonable expectations doctrine to Plaintiffs’ reformation claims and in finding the breach of contract claims to be time‐barred. We th... More...   $0 (02-24-2014 - CT)

Victor Colon v. Autozone Northeast, Inc.

The plaintiff, Victor Colon, appeals from the summary judgment rendered by the trial court in a negligence and premises liability action in favor of the defendant AutoZone Northeast, Inc. (AutoZone).1

On appeal, the plaintiff claims the trial court improperly rendered summary judgment in favor of the defendant because material questions of fact existed as to whether: (1) the defendant had c... More...
   $0 (02-24-2014 - CT)

R.S. Silver Enterprises, Inc. v. Henry Pascarella

In this breach of contract action, the defendants, Henry Pascarella and Riversedge Partners,1 appeal from the judgment rendered by the trial court, Hon. Alfred J. Jennings, Jr., judge trial referee, following a court trial, in favor of the plaintiff, R.S. Silver Enterprises, Inc. On appeal, the defendants claim, inter alia, that the trial court, Downey, J., erred in striking certain of their speci... More...   $0 (02-24-2014 - CT)

Powder Run at Deer Valley Owner Association v. Black Diamond Lodge at Deer Valley Association of Unit Owners and Park City Municipal Corporation

¶1 This case involves a challenge to the dedication of an
easement as a public street in Park City. The easement crosses
Powder Run v. Black Diamond
2. In reviewing the district court’s grant of summary judgment, we
view the facts and all reasonable inferences drawn therefrom in the
light most favorable to Powder Run, the nonmoving party. Orvis
v. Johnson, 2008 UT 2, ¶ ... More...
   $0 (02-21-2014 - UT)

Edward M. Seamans v. Temple University

In this case we consider for the first time the interplay between the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681–1681x, and the Higher Education Act of 1965 (“HEA”), 20 U.S.C. §§ 1001–1155, with respect to the responsibilities of an institution of higher education that furnishes information on student loan indebtedness to a consumer reporting agency (“CRA”). Edward M... More...   $0 (02-21-2014 - PA)

Phyllis M. Nation v. Dandy Homes, Inc.

COMES NOW the Plaintiff, Phyllis M. Nation, by and through her counsel, Terry L. Pierce and Candee Wilson, and for her cause of action against the Defendants, alleges and state as follows:

1. 72 year old Phyllis M. Nation (Mrs. Nation) currently resides in Stonewall Oklahoma and has resided there for the last four (4) years.

2. Dandy Homes, Inc. (Dandy) is an Oklah... More...
   $1 (02-20-2014 - OK)

John Wilkerson v. Government Employees Insurance Company, et al.

1. On or about December 30, 2007, the Plaintiff was involved in a motor vehicle accident proximately caused by the negligence of an uninsured motorist. As a result of the accident Plaintiff incurred medical expenses, will incur future medical expenses, has suffered in the past and will suffer in the future excmciating mental and physical pain and suffering, and has suffered injuries which are perm... More...   $0 (02-20-2014 - OK)

M.R.; J.R., Parents of Minor Child E.R.

The ―stay-put‖ provision of the Individuals with Disabilities Education Act (―IDEA‖) states that a disabled child shall remain in his or her current educational setting


during the pendency of proceedings to resolve a dispute over the child‘s placement. See 20 U.S.C. § 1415(j). This case requires us to decide two issues of first impression in this Circuit concerning the o... More...
   $0 (02-20-2014 - PA)

Brendan Maher v. County of Alameda

Surgeons implanted a biliary stent in plaintiff Brendan Maher during emergency abdominal surgery in 1996. Maher alleges he was unaware of the stent’s placement until it was discovered and removed in August 2010 after he sought treatment for abdominal pain. In April 2011, Maher sued the health care providers who treated him in 1996 and 1997 for professional negligence in not timely removing the s... More...   $0 (02-18-2014 - CA)

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