In this breach-of-contract case, a passenger with confirmed reservations on an overseas flight sued the airline after it told the passenger that the flight was canceled. The trial court granted the airline’s traditional motion for summary judgment, and the passenger appealed. Because the airline failed to conclusively establish its right to judgment as a matter of law on the grounds expressly pr... More...   $0 (03-12-2013 - TX)

Annelise M Clark and Robert J. Clark sued Penn Square Mall Limited Partnership et al. on a personal injury theory.

The claims made and defenses asserted are not available.

Court Minutes:

01/02/2013 226 Minute Entry for proceedings held before Magistrate Judge Robert Bacharach: In Chambers Discovery Conference held on 1/2/2013. (lb) (Entered: 01/03/2013)

01/03/2... More...   $1 (03-11-2013 - OK)

{1} This case requires us to determine whether a complaint based solely on the Uniform Commercial Code’s (UCC) provisions for breach of warranty, but seeking personal injury damages, is a claim under the UCC or a tort claim for personal injury. The determination affects which statute of limitation applies and, thus, whether the claim was properly dismissed as barred under the three-year limit on... More...   $0 (03-11-2013 - NM)

Appellant is the mother of A.D.P., L.P., and M.R.B.—girls born in 2005, 2008, and 2009. The trial court entered an order terminating the parental rights of Appellant as to M.R.B. and the parental rights of the fathers as to A.D.P., L.P., and M.R.B. In the same order, the trial court awarded managing conservatorship of A.D.P. and L.P. to the Department of Family and Protective Services and permit... More...   $0 (03-07-2013 - TX)

Kirk A. Johnston sought temporary and permanent injunctive relief against the Texas Municipal Power Agency (“TMPAâ€�) to prohibit TMPA from, among other things, entering onto his property to conduct surveys and inspections and attempting to condemn a portion of his property. TMPA filed a plea to the jurisdiction, and the trial court denied the plea. In two issues, TMPA contends that the trial co... More...   $0 (03-07-2013 - TX)

Donna and Mark Clyce (the Clyces) sued Hunt County, Texas, the Hunt County Juvenile Board, and individual detention officers under 42 U.S.C. § 1983, alleging that the defendants violated their minor son C.C.’s constitutional right to medical care while he was detained at the Hunt County Juvenile Detention Center (the Detention Center). The district court granted summary judgment in favor of all... More...   $0 (03-04-2013 - TX)

A federal jury found Sears, Roebuck and Co. liable for causing Lisa Learmonth’s injuries in an automobile accident. In a general verdict, the jury awarded her $4 million in compensatory damages. On Sears’ motion, the district court interpreted the award to include $2.2 million in noneconomic damages, then reduced this portion of the award to $1 million pursuant to Mississippi’s statutory cap... More...   $0 (02-27-2013 - MS)

16 Mark Maraschiello, a white male employed as a captain
17 in the City of Buffalo Police Department (the “Department�),
18 sued the Department and its police chief, H. McCarthy Gipson
19 (collectively “defendants�), claiming that their failure to
20 promote him was impermissibly motivated by race.
21 Maraschiello’s scores on a 2006 civil service examination
22 re... More...   $0 (02-27-2013 - nY)

[¶1] While a lawsuit by Appellees David and Elizabeth Speaks was pending against Rosemary and Byron Baker, the Bakers transferred two parcels of real property to their son Nathan. The original case resulted in a judgment against Byron, but a dismissal of the claims against Rosemary. Appellees’ judgment against Byron was upheld on appeal. After learning of the decision in that case, Natha... More...   $0 (02-26-2013 - WY)

This appeal relates to attorney fees incurred in litigation arising from a construction contract for a custom cabin in Island Park, Idaho. There are two issues in this case: first, whether the district court erred in holding that the Maglebys were entitled to recover only $2,500 from defaulting parties by operation of I.R.C.P. 54(e)(4); and second, whether the district court erred in its decision ... More...   $0 (02-26-2013 - ID)

Kelly Goudschaal and Marci Frazier were committed to a long-time, same-sex relationship, during which they jointly decided to have two children via artificial insemination. In conjunction with the birth of each child, the couple executed a coparenting agreement that, among other provisions, addressed the contingency of a separation. A few months after the couple separated, Goudschaal notified Fraz... More...   $0 (02-22-2013 - KS)

This is an appeal out of Ada County challenging the administrative rule adopted by the Industrial Commission in 1994 that regulates the amount of attorney fees allowable for attorneys representing claimants in worker’s compensation proceedings. We uphold the validity of the rule.

I.

Factual Background.

The Idaho Industrial Commission (Commission) adopted an administrative ru... More...   $0 (02-22-2013 - ID)

2 Plaintiff Grabhorn, Inc. (Grabhorn) appeals a trial court judgment that
3 dismissed its claims for declaratory and injunctive relief, on the ground that the claims
4 sought a land use decision over which the court lacked jurisdiction. Grabhorn's claims
5 sought clarification about the applicability of a land use compatibility statement (LUCS)
6 issued by Washington County in 1991... More...   $0 (02-21-2013 - OR)

2 Plaintiff, who ran a convenience store, was accused of stealing from that
3 store and was arrested for theft. After the charges were eventually dismissed, he brought
4 this tort action against defendant, an attorney who represented the store, alleging claims
5 for false imprisonment, malicious prosecution, and abuse of process--each claim arising
6 out of defendant's alleged part... More...   $0 (02-21-2013 - OR)

Appellant, Bryan S. Foster doing business as Jaguar’s Gold Club (Foster),[1] appeals the trial court’s summary judgment in favor of the City of El Paso, Appellee, stemming from Foster’s challenge to the constitutionality of the City’s sexually-oriented business ordinance. Foster also appeals the trial court’s denial of his motion to strike the City’s expert testimony.

BACKGROUN... More...   $0 (02-21-2013 - TX)

On the second day after the birth of their third child, appellants Angelica Mitchell Moore and husband Kevin Alexander Moore executed affidavits relinquishing their parental rights to the infant and designating as managing conservators appellees Donna M. Brown and husband Alvin Benard Brown.1 Relying on these affidavits, the Browns obtained an order from the district court terminating the Mooresâ€... More...   $0 (02-21-2013 - TX)

The decisive issue in this case is whether an insurer who fails to comply with an administrative rule requiring it to notify its insured within five days of receiving a claim that he or she has the right to participate in a state-sponsored mediation program waives the insurer’s right to enforce a policy appraisal provision. Based upon our study of the pertinent legislation, we conclude that in a... More...   $0 (02-20-2013 - FL)

¶1 Supernova Media, Inc., and Joycelyn Engle appeal the denial of their motions to intervene as of right in two district court cases that we consolidate for purposes of this opinion. They also appeal the partial sealing of the record in one of the cases. We reverse the denial of the motions to intervene and set aside the sealing order. We remand for the district court to consolidate the cases and... More...   $0 (02-15-2013 - UT)

Jane Barbara Williams sued Melissa Kennedy on a negligence theory.

The claims made by Plaintiff are not available.

Defendant appeared and answered as follows:

1. Defendant is without sufficient information to admit or deny the allegations set forth in numerical paragraph 1 of Plaintiffs Petition. Those allegations are, therefore, denied.

2. Defendant is without ... More...   $1 (02-14-2013 - OK)

The issue before this Court is whether Florida’s absolute privilege, which shields judges, counsel, parties, and witnesses from liability for alleged defamatory statements made in the course of a judicial proceeding, extends to statements made by an attorney during ex-parte, out-of-court questioning of a potential, nonparty witness while investigating matters connected to a pending lawsuit. In D... More...   $0 (02-14-2013 - FL)

2 Mother appeals a denial of her motion to modify an award of custody of her
3 child, M, from her father and stepmother (grandparents) to her. She asserts that the trial
4 court erroneously applied ORS 109.119(2)(c) to this proceeding or, alternatively, if the
5 court properly applied ORS 109.119(2)(c), that statute is unconstitutional as applied to
this circumstance.1 6 She furthe... More...   $0 (02-13-2013 - OR)

Stephen P. (father), the adoptive father of S.P. (the minor), appeals from the trial court‟s order granting the petition of the adoptive mother of the minor, E.P. (mother), to terminate father‟s parental rights to the minor under Family Code section 78271 (mental disability). According to father, the trial court committed per se reversible error when it failed to order and consider an investig... More...   $0 (02-13-2013 - CA)

Shawn Battle filed a motion for sentence reduction under 18 U.S.C. § 3582(c)(2) following Amendments 750 and 759 to the United States Sentencing Guidelines, which retroactively adjusted Battle’s advisory Guidelines range. U.S.S.G. app. C, amends. 750 & 759. The district court granted the motion in part, granting a two-level reduction rather than the four-level reduction Battle requested. Althou... More...   $0 (02-12-2013 - KS)

¶1 We granted certiorari review to consider whether two citizen-initiated proposed ordinances regarding the design and construction of a state highway entrance to the City of Aspen are administrative in character and therefore outside the scope of the initiative power reserved to the people under article V, sections 1(1) and 1(9) of the Colorado Constitution.1

¶2 In 2007, Pet... More...   $0 (02-11-2013 - CO)

After a joint trial in Superior Court, a jury convicted the defendant of reckless endangerment of a child in violation of G.L. c. 265, § 13L, and sentenced her to a two-year term of probation. [FN1] On appeal, the defendant argues that (1) the evidence was insufficient to sustain her conviction; (2) the jury instructions were flawed; (3) medical records admitted at trial improperly included prior... More...   $0 (02-06-2013 - MA)