We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act (“FTCA”) may be equitably tolled. We hold
that § 2401(b) is not “jurisdictional,” and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FTCA conta... More...   $0 (10-09-2013 - OR)

This appeal concerns the standing of a person not related to the child to bring a suit affecting the parent-child relationship (SAPCR). The trial court granted the child’s mother’s plea to the jurisdiction and dismissed Roderick Alexander’s suit to establish conservatorship. In his sole issue on appeal, appellant contends the trial court erred by granting Mother’s plea to the jurisdiction.... More...   $0 (10-07-2013 - TX)

A Fremont cottonwood tree fell on plaintiff Dwight Meddock while he was in a paved parking lot located in a park along the Sacramento River owned by defendant County of Yolo (County). The trial court granted summary judgment against Meddock and his wife (collectively, Meddock) in their tort suit alleging a dangerous condition of public property, by applying a statutory immunity for injuries “cau... More...   $0 (10-03-2013 - CA)

Plaintiff Mark E. Schaefer appeals from the decision of the United States District Court for the District of New Hampshire dismissing his suit against defendants IndyMac Mortgage Services; OneWest Bank, FSB; the Federal National Mortgage Association (“Fannie Mae”); and Harmon Law Offices, P.C. (“Harmon”). Schaefer’s complaint sought an injunction barring his impending eviction; an order ... More...   $0 (10-02-2013 - NH)

[¶1] Appellant, Carl S. Olsen, appeals the district court’s denial of his motion to modify the custody of his three children. He also challenges the district court’s finding that he was in contempt of court for failing to comply with the divorce decree. We will affirm.

ISSUES

[¶2] The issues presented by Mr. Olsen, reworded for the sake of clarity, are as follows:

1. Did... More...   $0 (09-27-2013 - WY)

This is a contract dispute over the terms of a mortgage contract between the borrower, plaintiff-appellant Stanley Kolbe, and the servicer of his loan, defendant-appellee BAC Home Loans Servicing, LP ("BAC" or "the Bank"). Kolbe sued the Bank in a putative class action for damages alleged to have arisen out of the Bank's requirement that he maintain flood insurance in an amount sufficient to cover... More...   $0 (09-27-2013 - MA)

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery.

On review, the issues are whether ORCP 59 H limits an appellate court’s ability to review objections to a trial court’s instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during b... More...   $0 (09-26-2013 - OR)

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert

1. Judge Roger S. Dutson granted the Defendants’ summary judgment motion and denied the Plaintiffs’ first two motions to amend. Judge W. Brent West denied the Plaintiffs’ third motion to amend, granted the relief requested by the Plaintiffs, and entered t... More...   $0 (09-19-2013 - UT)

Debtor-Appellant Market Center East Retail Property, Inc. (“Market Center”) appeals from the Bankruptcy Appellate Panel (“BAP”), which affirmed the bankruptcy court’s award of attorney’s fees to Appellees Barak Lurie and his firm, Lurie & Park (collectively “Lurie”). Lurie was Market Center’s attorney in completing the sale of a retail shopping center to Lowe’s Home Center (“... More...   $0 (09-19-2013 - NM)

This is an interlocutory appeal from the trial court’s order denying pleas to the jurisdiction filed by appellant City of McKinney, Texas. We affirm in part and reverse in part.

I. BACKGROUND

A. Summary of the allegations

Appellee Hank’s Restaurant Group, L.P. (HRG) operates a restaurant and live-music venue in McKinney, Texas, named Hank’s Texas Grill. According to HRG,... More...   $0 (09-18-2013 - TX)

[¶1] Karen Callaghan and Burton Edwards (the employees) are part-time employees of the City of South Portland. They filed a complaint in the Superior Court (Cumberland County) pursuant to 42 U.S.C.A. § 1983 (West, Westlaw through P.L. 113-22) seeking a declaration that certain provisions of the City’s personnel policy violated their First Amendment rights, and further seeking permanent injunct... More...   $0 (09-10-2013 - ME)

Jessica Cuellar alleges that her secondary employer, Keppel Amfels, L.L.C. (“Keppel Amfels”), violated § 2615(a)(1) of the Family Medical Leave Act (“FMLA”) by discouraging her primary employer, staffing agency Perma-Temp Personnel Services, Inc. (“Perma-Temp”), from seeking her reinstatement after an FMLA-authorized maternity leave. The district court granted summary judgment in favo... More...   $0 (09-10-2013 - TX)

This appeal arises from a medical malpractice claim brought against a physician’s assistant, two supervising physicians, and Rocky Mountain Emergency Physicians, L.L.C. (collectively Rocky Mountain). Heather Hall presented at the emergency room complaining of headache, blurry vision, and sensitivity to light. Jeff Johnson, a physician’s assistant, examined Hall. As part of his examination, he ... More...   $0 (09-06-2013 - ID)

¶1 On September 22, 1999, Victor Cornell Miller, Appellant, was charged, along with co-defendant John Fitzgerald Hanson, with two counts of First-Degree Malice Murder, in violation of 21 O.S.Supp.1998, § 701.7(A), or alternatively, First-Degree Felony Murder, in violation of 21 O.S.Supp.1998, § 701.7(B) (Counts I & II), in the District Court of Tulsa County, Case No. CF-1999-4583. Count I was f... More...   $0 (09-06-2013 - OK)

In this case, we address a question of law as to how cash proceeds from the foreclosure of a purchase money deed of trust on a homestead should be distributed by a deed of trust substitute trustee as between the senior lienholder, a junior, home equity lienholder, and the homeowner. In so doing, we consider the constitutional and common law arguments raised by appellee Collin D. Porterfield in the... More...   $0 (08-30-2013 - TX)

Plaintiff Robert Rodriguez filed a putative class action in state court, which Defendant removed to federal district court.

Defendant contended that there was federal jurisdiction over the action under the Class Action Fairness Act of 2005 (“CAFA”), Pub. L. No. 109-2, 119 Stat. 4 (2005), and in particular 28 U.S.C. § 1332(d)(2). Rodriguez alleged that the amount in controversy did not ... More...   $0 (08-27-2013 - CA)

¶ 1 The respondent-transferor, Cathy Brenston, filed petitions to vacate void orders which approved the transfer of her structured settlement payment rights to the petitioner transferee, Settlement Funding, LLC. The circuit court of Sangamon County found that Brenston's petitions, filed more than two years after the entry of the transfer orders, were time-barred. On appeal, Brenston contends that... More...   $0 (08-26-2013 - IL)

John Rizzuto, age 66, sued Philip Morris USA and Liggett Group on products liability theories claiming to have been injured and/or damaged by the cigarettes manufactured and sold by the Defendants that he claimed caused him to developed COPD. Rizzulo started smoking at age 13.

He claimed that the Defendants created and designed nicotine-delivering devices that were marketed to ensnare tee... More...   $12550000 (08-23-2013 - FL)

¶1 In 2002, Ella Turner was severely injured in an automobile accident. She received treatment for her injuries at the University Hospital (Hospital), where she claims she was rendered a paraplegic due to the Hospital’s negligence. At trial, the jury found unanimously that the Hospital was not negligent. Ms. Turner appealed to the court of appeals, which upheld the jury’s verdict. Ms. Turner ... More...   $0 (08-16-2013 - UT)

This appeal arises from a diversity action based on a claim of medical negligence.

The injured plaintiff, Louis Prager, alleged that Campbell County Memorial Hospital and its employee, Dr. Brian Cullison (together, the Hospital Defendants), negligently failed to diagnose Mr. Prager’s broken neck following an automobile accident, resulting in serious nerve damage to his left arm. After a l... More...   $7000000 (08-12-2013 - WY)

The parties to this trademark dispute make consumer products for rinsing sinus cavities. Med-Systems, Inc., the earlier entrant in this market, sells its products under the federally registered trademark SinuCleanse and two similar marks. Water Pik, Inc., which traditionally sold oral irrigators and showerheads, registered the trademark SINUSENSE with the intention of selling sinus-irrigation devi... More...   $0 (08-12-2013 - OK)

Kala Lee Whitecrow and antoine D. Jones, individually and as next-of-kin of Naomi Lynn Whitecrow sued the State of Oklahoma, ex rel. Oklahoma Department of Human Services, Amy Holder and Mike Holder on wrongful death theories claiming:

1. Naomi Lynn Whitecrow (“Naomi”) was, at the time of the actions complained of herein, a two (2) year old minor resident of the State of Oklahoma, in ... More...   $25000 (08-10-2013 - OK)

¶ 1. REIBER, C.J. In this civil action alleging sexual assault and battery and intentional or reckless infliction of emotional distress by a medical doctor during the course of his treatment of a high school female athlete, plaintiff appeals the superior court’s grant of summary judgment to defendant based on the six-year statute of limitations applicable to childhood sexual abuse... More...   $0 (08-09-2013 - VT)

Defendants and appellants, Richard C. Stamper, Donald D. Robinson, and Donald Dean Robinson, LLC (the owners), own a 9.1-acre parcel of land in Perris, California. The parcel (the Stamper Property) is vacant land zoned for light industrial use. In 2005, plaintiff and respondent, City of Perris (the City), designated certain truck routes in an amended circulation element of its general plan. To est... More...   $0 (08-09-2013 - CA)

This appeal involves a claim of defamation by World Car Nissan against Abe’s Paint & Body, Inc., Abraham Rodriguez, and Chin Pac (collectively referred to as Abe’s). The jury found that a statement made by two employees of Abe’s was defamatory and made with actual malice. The jury also found, however, that World Car suffered no damages as a result of the statement. In its first two points of... More...   $0 (07-31-2013 - TX)