http://www.morelaw.com Constitutional Law Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=C054868&s=CA&d=38056 We enter here into the arcane world of Medicaid law to answer a fundamental question: does a federal statute imposing notice and comment requirements apply to actions taken or mandated by a state legislature? In 2004, the California Legislature, as part of adopting a state budget after the Constitutional budget deadline had expired, proposed and enacted over only a three-day period a freeze on the Wed, 19 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2067&s=NM&d=38036 Defendant-Appellant, the Albuquerque City Clerk (City), appeals from the district courts judgment in favor of Plaintiffs-Appellees granting them declaratory and injunctive relief. In 2005, the City passed an amendment to its charter requiring voters in municipal elections to present photo identification at polling locations. On summary judgment, the district court held that the amendment Mon, 17 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2653&s=MA&d=37724 Daniel A. Batterman, a Boston attorney, brought suit in federal district court against several individuals associated with the Committee for Public Counsel Services ("CPCS"). The district court stayed proceedings, insisting that Batterman resolve his claims, or at least his leading claim, in state court. Batterman now appeals. The background events are as follows. Batterman, a sole practit Wed, 15 Oct 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B199294&s=CA&d=37534 This appeal arises out of the termination of a franchise agreement. Appellants Jay Bharat Developers, Inc. (Jay Bharat), Jay Bharat Resorts, Inc., Bipin Morari (Morari), and Chandrakant Patel (Patel), the franchisees, challenge a trial court order granting the motion for a preliminary injunction of respondents Jim Minidis (Jim), Lynn Minidis (Lynn),1 Red Brick Pizza Worldwide, Inc. (Red Brick Pizz Thu, 9 Oct 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008%20OK%2090&s=OK&d=37644 1 This cause concerns a dispute over title to a home owned since March 12, 1981, by the appellant, Dolla Garcia, also known as Dolla Moore (landowner). The appellee, Ted Parks, Inc. (Parks) asserts an interest in the property by virtue of his Certificate of Tax Deed. The legitimacy of Park's interest in the property is contingent on: 1) whether the Oklahoma County Treasurer's October 6, 2003, ta Tue, 7 Oct 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=273945&s=MI&d=37793 In this attendant care benefit case brought under the Michigan no-fault act, MCL 500.3101, et seq., defendant Allstate Insurance Company appeals as of right a $2,541,146.87 jury verdict in favor of plaintiff Shaun Bonkowski. The judgment entered on the verdict reflects the jury award of $1,730,723.67 in past due attendant care benefits; $10,546.85 in costs; $249,750 in attorney fees (549.5 hours a Thu, 2 Oct 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-55326&s=CA&d=37320 We must decide whether a district court abused its discretion in denying a physician a preliminary injunction to halt his temporary suspension from Californias Medi-Cal program based on his claims that such suspension violates federal Medicaid law and is prohibited by the Due Process Clause of the Fourteenth Amendment.IAMedicaid is a cooperative federal-state program that authorizes the United Tue, 23 Sep 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-6127&s=&d=37345 Plaintiff Jimmie Smiths lower left leg was amputated as a result of injuries sustained while using a Krause Multimatic Ladder purchased at a Home Depot store in Tennessee. In the resulting product liability action, Defendant Home Depot USA, Inc. (Home Depot) appeals the district courts grant of partial summary judgment in favor of Plaintiffs Jimmie and Georgianna Smith (Plaintiffs Wed, 17 Sep 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=C054124&s=ca&d=37302 United States citizens who pay nonresident tuition for enrollment at Californias public universities/colleges brought a lawsuit attacking a state statute (Ed. Code, 68130.51) which allows certain illegal aliens2 to pay the less-expensive resident tuition to attend these universities/colleges. Plaintiffs3 filed a class action lawsuit against defendants Regents (Regents) of the University of C Mon, 15 Sep 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SC07-1300&s=FL&d=37075 The issue before us is whether a special law passed by the Legislature violates the constitutional prohibition against special laws that grant a privilege to a private corporation set forth in article III, section 11(a)(12), of the Florida Constitution. Both the trial court and the First District Court of Appeal held that chapter 2003-372, Laws of Florida, entitled the St. Lucie County Ho Wed, 3 Sep 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-56118&s=ca&d=37034 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 Sheriffs 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 Sat, 30 Aug 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SC%2017900&s=CT&d=36756 This appeal requires us to consider the scope of authority granted to municipalities by General Statutes 7-148 (c) (7) (A).1 In this action for a declaratory judgment and injunctive relief, the plaintiff, the Greater New Haven Property Owners Association,2 appeals from the judgment rendered in favor of the defendant, the city of New Haven (city), following a trial to the court.3 On appeal, the Tue, 29 Jul 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=272615&s=MI&d=36852 Defendant appeals by right from the order granting summary disposition to plaintiff and awarding plaintiff attorney fees in this no-fault insurance case. We affirm.This case arose when Kimberly Sterling was either pushed from or jumped out of a moving motor vehicle, hitting the ground and receiving serious brain injuries. Defendant, Sterlings no-fault insurer, originally refused to pay plaintif Tue, 22 Jul 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S147848&s=CA&d=36617 Evidence Code section 1115 et seq.1 sets forth an extensive statutory scheme protecting the confidentiality of mediation proceedings, with narrowly delineated exceptions. In this breach of contract action arising from a medical malpractice suit, plaintiffs sought to enforce an oral settlement agreement allegedly formed during mediation. During pretrial proceedings, the doctor stipulated to, and su Mon, 21 Jul 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-16251&s=AZ&d=36514 Ralph Nader and one of his supporters in Arizona, Donald Daiencollectively, plaintiffs), appeal from the district courts grant of summary judgment to Janice Brewer, the Secretaryof State of Arizona. Plaintiffs alleged that two provisions ofArizonas statutory election schemethe requirement thatcirculators of nomination petitions be resi dents of Arizona and therequirement that Sun, 13 Jul 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-3093&s=SD&d=36477 The Governor and Attorney General of South Dakota ("the State"), along withthe intervenor crisis pregnancy centers, appeal the district court's preliminaryinjunction preventing the 2005 version of South Dakota's statute regulating informedconsent to abortion from becoming effective. For the reasons discussed below, wevacate the preliminary injunction and remand to the district court for fu Sat, 28 Jun 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-2313,%2006-2381&s=MA&d=36330 In 1993, Congress enacted a statute regulating the service of homosexual persons in the United States military. 10 U.S.C. 654 (2007)(the Act). The Act, known as "Don't Ask, Don't Tell," provides for the separation of members of the military who engage, attempt to engage, intend to engage, or have a propensity to engage in a homosexual act. Id. 654(b). In the aftermath of this congressional act Thu, 12 Jun 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-2515%20&%2006-2672&s=IL&d=36231 The plaintiffs-appellants are theowners and the agent of a building in Chicago that formore than four decades has displayed an advertisingsign without a permit. Current zoning provisions prohibitthe sign given its size and proximity to a residentialdistrict, but the plaintiffs contend that because the signwas lawful when first erected, they have a right to continuedisplaying the sign Sat, 17 May 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-2982&s=WI&d=35988 Terrance Jewett filed this actionunder 42 U.S.C. 1983 against Officer Dale Anders, aMilwaukee police officer. He alleges that Officer Andersunlawfully arrested him and used excessive force ineffectuating the arrest in violation of the Fourth Amendment,as made applicable to the states by the FourteenthAmendment. He also alleges that Officer Anders deprivedhim of liberty without due Fri, 11 Apr 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=98,691&s=KS&d=35671 During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H. Sub. S.B. 244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L. 2007, ch. 111, secs. 1-6. Although the legislature repeale Fri, 14 Mar 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-11623&s=AK&d=35533 On November 17, 1997, Margret Mullins contracted with Alice Oates tobuy three lots of real property located in Tok.1 The initial contract for sale provided thatthe purchase price for these properties was $170,000; the down payment was $5,000; themonthly payment was $600; interest on the principal would accrue at a rate of $6,000 peryear or five percent, "whichever is less"; Mullins would m Fri, 29 Feb 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-51445&s=TX&d=35293 Donna Jordan brought suit under 42 U.S.C. 1983 against Ector Countyand Janis Morgan (Defendants), the Ector County District Clerk and her formerboss, alleging that Morgan fired her in retaliation for her exercise of her FirstAmendment rights. The case went to trial; the jury found for Jordan andawarded her damages. We affirm.IWhen the longtime Ector County District Clerk decided Fri, 1 Feb 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1528&s=MA&d=35252 Two sets of parents, whose religious beliefs are offended by gay marriage and homosexuality, sued the Lexington, Massachusetts school district in which their young children are enrolled. They assert that they must be given prior notice by the school and the opportunity to exempt their young children from exposure to books they find religiously repugnant. Plaintiffs asserted violations of their own Fri, 1 Feb 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B164398,%20B169083&s=CA&d=35239 Philip Morris USA, Inc. (Philip Morris), a cigarette manufacturer, appeals ajudgment in favor of Betty Bullock awarding her compensatory and punitive damagesafter a jury trial. Philip Morris challenges the findings of liability on several countsbased on products liability and fraud, the admission of evidence, the refusal of proposedjury instructions relating to liability and punitive dam Thu, 31 Jan 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2006-549&s=NH&d=35266 The defendant, Marshall Zidel, appeals his conviction on nine counts of possession of child pornography, see RSA 649-A:3 (2007), arguing that the Superior Court (Lewis, J.) erred in denying his motions to dismiss. We reverse.The following facts were found by the trial court for purposes of ruling upon the defendant's pretrial motion to dismiss or were stipulated to by the parties. At the time he Fri, 18 Jan 2008 00:00:00 CST