For thousands of years,
humanity has looked to the sky and dreamt of flying. Philosophers
and poets have had much to say on the subject, leaving in their
wake a bevy of quotes and sayings about the beauty of flight.1 The
Federal Rules of Civil Procedure, although elegant in their own
way, have so far failed to inspire such devotion.
Though this case arises out of a helicopt... More...   $0 (08-02-2015 - NH)

Initially, this case appeared to require reconciliation of language in a condominium declaration, the Vermont Condominium Ownership Act (VCOA), and the Vermont Common Interest Ownership Act (VCIOA). After untangling the facts and the statutes, however, we resolve the matter in a more straightforward manner. We affirm.

¶ 2. The case began its journey through the legal system... More...   $0 (08-01-2015 - vt)

Appellants sued appellees on several theories of liability including barratry. The trial court granted a take-nothing summary judgment in favor of appellees. Appellants raise thirteen issues on appeal. We affirm the trial court’s judgment in part, reverse it in part, and remand for further proceedings consistent with this opinion.
1 The Honorable Kerry P. FitzGerald, Retired Justice, was a mem... More...   $0 (07-31-2015 - TX)

Mary is the only child of the marriage of Marion C. Sanders and Herbert H. Sanders. Mary’s half brother, George, is Herbert’s son and Marion’s stepson. Respondent Jody Lynn Sanders Yanez is George’s eldest daughter.
In 1975, Marion executed a will prepared by a California attorney and executed in California. Marion’s will placed most of her separate property assets in the Trust and provi... More...   $0 (07-31-2015 - CA)

This case arises from the Crow Compact, an agreement among the United States,
the Crow Tribe, and the State of Montana. The Compact recognizes and specifies a
Tribal Water Right of the Crow Tribe and its members in a number of sources of water
that abut or cross the Crow Indian Reservation in Montana. The Compact also provides
for cash payments to the Tribe, allocates coal tax... More...   $0 (07-30-2015 - )

Denver, CO - Tenth Circuit holds that insurance company had no duty to defend of indemnify its insured

Plaintiff-Appellee Landmark American Insurance Company brought this
declaratory judgment action seeking a determination that it had no duty to defend
or indemnify its insured, Defendant-Appellant VO Remarketing Corp (VO), in a
lawsuit brought in Colorado state court. The dist... More...   $0 (07-30-2015 - CO)

The Texas Department of Family and Protective Services (the Department) filed a petition seeking to terminate Mother’s parental rights to her fourteen-year-old daughter, K.D. A trial court “may order termination of the parent-child relationship if the court finds by clear and convincing evidence[] (1) that the parent has . . . executed . . . an . . . irrevocable affidavit of relinquishment of pare... More...   $0 (07-29-2015 - TX)

In this interlocutory appeal, appellant Stride Staffing appeals the trial court’s order denying its motion to compel arbitration. For the following reasons, we reverse the trial court’s order and remand to the trial court for further proceedings.
Stride Staffing is an employment agency that assigned Holloway to work at First Co. First Co. later terminated Holloway’s assignment, and Holloway fi... More...   $0 (07-29-2015 - TX)

Salt Lake City, UT - Utah Supreme Court reverses district court's denial of claimed right to jury trial

This case arises out of a dispute over compensation paid to an attorney, Gregory Jones, by the law firm Mackey Price Thompson & Ostler (Mackey Price) for work Mr. Jones performed on several class-action contingency fee cases involving the weight-loss pill FenPhen. Mr. Jones worked on th... More...   $0 (07-29-2015 - UT)

In these consolidated appeals, we are asked to
determine if a defendant's admission to sufficient facts to
warrant a finding of guilty and a judge's continuance of the
case without a finding (CWOF) constitute a "conviction" as that
term is defined in G. L. c. 90F, § 1,2 governing the licensure of
commercial drivers. Judges in the Superior Court determined
that it did... More...   $0 (07-28-2015 - )

Brooklyn, NY - Second Circuit affirms conspiracy convictions of two for mail and wire fraud

18 Defendants Michael Romano and William Kearney appeal from judgments of the
19 United States District Court for the Eastern District of New York entered by Sterling Johnson, Jr.,
20 Judge, following a jury trial before Joseph F. Bianco, Judge, convicting defendants of conspiracy to
21... More...   $0 (07-27-2015 - NY)

Matthew Trice used a credit card to pay for some plumbing work. He apparently did not pay the credit card company the full amount due on the card. The credit card company sold its interest in the unpaid debt to LVNV. Thereafter, LVNV hired an Illinois attorney and filed a debt collection lawsuit against Trice, who proceeded pro se. On January 15, 2009, the circuit court entered judgment in the law... More...   $0 (07-26-2015 - )

This case involves the drug-trafficking,
kidnapping, and firearms convictions of Defendants-Appellants Hector Santana, Manuel Antonio
Soto, Christopher Espinoza, and Juan Ramon Respardo-Ramirez. A grand jury indicted them on
two conspiracies and two firearms charges: conspiracy to possess cocaine with the intent to
distribute and to distribute it, 21 U.S.C. §§ 846, 841(a)(1) & 841(... More...   $0 (07-24-2015 - MI)

Appellant Clyde R. Parks appeals a judgment granted in favor of appellee Scott A. Seybold to recover a debt owed on a note after suit on the note became barred by limitations. Following a bench trial, the trial court entered a judgment in favor of Seybold based on Parks’s written acknowledgment of the debt. Parks presents five issues on appeal,2 and complains (1) the trial court erred in finding h... More...   $0 (07-23-2015 - TX)

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
2
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...   $0 (07-23-2015 - TX)

Tamco Pork II, LLC, and Farm Bureau Mutual Insurance Company, as
subrogee, (collectively, hereinafter “Tamco”) pursue this appeal following an
adverse jury verdict in their action for negligence against Heartland Co-op and
Pro Build LLC. Tamco’s claim against the defendants arises out of a fire
occurring at Tamco’s newly renovated hog-production facility. On appeal, Tamco More...   $0 (07-22-2015 - IA)

1. J.J. is placed in Marshall's Care
J.J. was born on November 22, 2003. Within days of his birth, the trial court
declared J.J. a dependent of the court and the Agency placed him with Marshall.
In June 2004, Marshall informed the Agency that she wanted to adopt J.J.
Throughout his placement with Marshall, respondent Noreen Harmelink, the
primary social worker assigned ... More...   $0 (07-22-2015 - CA)

Plaintiffs, a putative class of owners of Microsoft
Corporation’s (Microsoft) Xbox 360® video game console
(Xbox), appeal from the stipulated dismissal with prejudice
of their lawsuit and from the order striking their class
allegations. In striking the class allegations, the district court
deferred to an earlier class certification denial order involving
a similar putative ... More...   $0 (07-20-2015 - WA)

¶1 Deborah Ann Leftwich was tried by bench trial and convicted of Count II, Soliciting and/or Accepting a Bribe from Another for Withdrawal of Candidacy in violation of 26 O.S.2001, § 16-108, in the District Court of Oklahoma County, Case No. CF-2010-8067.1 The Honorable Cindy H. Truong sentenced Leftwich to one (1) year imprisonment, suspended, with the provision that she is prohibited from runni... More...   $0 (07-18-2015 - )

On May 28, 2011, Sun went to the emergency room in Marietta, Georgia, seeking treatment for a fractured ankle, which she reported was a result of a domestic altercation. On June 15, 2011, Sun underwent surgery—an “[o]pen reduction, internal fixation” of her left ankle fracture—and a metallic plate and screws were placed along the ankle fracture. Shortly after her surgery, Sun moved to Louisiana.... More...   $0 (07-18-2015 - )

John Doe I filed a nine-count amended complaint against the City of Palm Bay
(“the City”) seeking a determination that Palm Bay City Ordinance 2005-76 (“the
Ordinance”) is unconstitutional. The Ordinance prohibits registered sexual predators and
registered sexual offenders from making deliveries to or performing work at any
residence, including the curtilage thereof, any designated... More...   $0 (07-17-2015 - FL)

The Branson Label, Inc., a Florida corporation ("Florida Branson Label"),
appeals the district court's dismissal of its suit. 1 The district court found that Florida
Branson Label collusively manufactured subject-matter jurisdiction in violation of 28
U.S.C. § 1359. Florida Branson Label argues that the district court erred by adopting
the wrong legal test for determining collusion... More...   $0 (07-17-2015 - MO)

While Appellants present several issues for our review, because this matter is one for declaratory judgment arising from agency interpretation and application of certain statutes, our review calls for us to distill the issues into three controlling questions:
1. Was the district court’s jurisdiction limited to issuing a declaratory judgment under W.R.A.P. 12.12 and Wyo. Stat. Ann. § 1-37-101 e... More...   $0 (07-17-2015 - )

We begin with a brief summary of the regulation of the initiative petition signature collection process to provide context for our discussion of the relevant facts. The powers of initiative and referendum reserved by the people in Article IV, section 1, of the Oregon Constitution allow them to enact statutes, adopt or reject bills passed by the legislature, and adopt amendments to the state consti... More...   $0 (07-16-2015 - )

Rogue Valley Sewer Services (RVS) owns, operates, and manages equipment for the transmission of sewage. As a “sanitary authority” organized under ORS chapter 450, RVS is a type of local government entity called a local service district. See ORS 174.116(2)(r) (“[A]s used in the statutes of this state[,] ‘local service district’ [includes a] sanitary authority * * * organized under ORS 450.600 to 45... More...   $0 (07-16-2015 - )