Bethel World Outreach Ministries brought this action asserting that Montgomery County’s zoning regulations, which prevented Bethel from constructing a church, violated the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), the United States Constitution, and the Maryland Declaration of Rights. The district court granted summary judgment to the County on all claims. For the reasons ... More...   $0 (01-31-2013 - MD)

This case involves visitation rights awarded under
ORS 109.119 to a nonparent of a minor child.1 In 2007,
petitioner, by a default judgment, obtained visitation rights
with respect to the child. Respondent, the child’s mother,
later moved to set aside the default judgment pursuant to
ORCP 71 B, and the trial court denied that motion. The
relationship between the parties w... More...   $0 (01-30-2013 - OR)

Plaintiff John Scheenstra was a member of defendant California Dairies, Inc. (Cal Dairies), a member-owned milk marketing and processing cooperative. After Cal Dairies instituted internal production quotas for its members and reduced payments for milk deliveries in excess of the quotas, Scheenstra sued for breach of contract claiming his quota was too low. The contract provision in question obliga... More...   $0 (01-30-2013 - ca)

James Ellis Arden (Arden) appeals judgment in favor of Martina Silas (Silas) in Silas‘s action against Arden for malicious prosecution of a malpractice action against her. Silas represented Ross Gunnell (Gunnell) in a personal injury action resulting in a jury award that was later overturned on the grounds that worker‘s compensation was the exclusive remedy. Gunnell filed a malpractice action... More...   $0 (01-28-2013 - CA)

On September 14, 2011, the Seminole Tribe of Florida filed a petition for writ of certiorari in the circuit court seeking to quash Ordinance 2011-07 adopted by Hendry County on May 24, 2011. The Ordinance rezoned 3127 acres of land from general agriculture to a Planned Unit Development (PUD) for the purpose of constructing a natural gas power plant and solar energy farm. The Seminole Tribe argued ... More...   $0 (01-27-2013 - FL)

The common law theory of continuous accrual posits that a cause of action challenging a recurring wrong may accrue not once but each time a new wrong is committed. We consider whether the theory can apply to actions under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereafter UCL) and, if so, whether it applies here to save plaintiff Jamshid Aryeh‟s suit from a limitations ba... More...   $0 (01-26-2013 - CA)

This appeal arises from a declaratory action filed by an insurer to clarify the terms of its duties under a policy. The underlying tort action resulted from a car accident in which the insured, while driving a rental truck, hit a person who was lying in the middle of the road. Both the driver and the person struck were intoxicated, as was a passenger in the truck. The person who was struck died fr... More...   $0 (01-25-2013 - AK)

CBS Outdoor, Inc. appeals the trial court’s rendition of judgment after a jury trial on Larry E. Potter’s claim of breach of contract against CBS Outdoor. In eight issues, CBS Outdoor argues (1) the trial court erred in granting Potter’s motion for summary judgment on liability and denying its cross-motion for summary judgment claiming that Potter’s breach of contract claim was barred by r... More...   $0 (01-25-2013 - TX)

[¶1.] On July 12, 2011, the trial court granted Kevin Schieffer and Carmen Schieffer a divorce on grounds of irreconcilable differences. In its judgment and decree of divorce, the trial court denied Carmen’s request to relocate to New York City with the minor children, granted Kevin and Carmen joint legal and physical custody of the minor children, implemented a custody schedule, ordered Kevin ... More...   $0 (01-23-2013 - SD)

CDA Dairy Queen, Inc. and Discovery Care Centre, LLC of Salmon (collectively, Dairy Queen) filed a class action against the Idaho State Insurance Fund (SIF) seeking a declaratory judgment that SIF violated Idaho Code § 72-915 by failing to distribute premium rate readjustments on a pro rata basis. The district court granted SIF’s motion for summary judgment, finding that the Idaho Legislatureâ€... More...   $0 (01-23-2013 - ID)

¶1 Chris Hogan appeals from the trial court’s denial of his motion for attorney fees and its refusal to hold Utah Telecommunication Open Infrastructure Agency (UTOPIA) in contempt. We affirm in part, and reverse and remand in part. Utah Telecommunication v. Hogan

1. Although the Agreement inconsistently indicates that it “will continue for twelve (24) months,â€� the parties do not disp... More...   $0 (01-22-2013 - UT)

¶ 1. ROBINSON, J. This case requires us to consider the constitutional rights of a putative biological father who seeks an order of parentage when a court has already issued a parentage order determining the minor child’s parents. We conclude that Vermont’s parentage statute does not authorize a court to allow a second parentage action involving a particular child brought by or ... More...   $0 (01-20-2013 - VT)

[¶1] This appeal arises from a motor vehicle collision involving Roger T. Linton and James Carey that resulted in Carey’s death. At the time of the collision, Linton was driving a truck owned by Jonathan Jennings, for whom Linton worked as an independent contractor. Jennings’s insurer, State Farm Mutual Automobile Insurance Company, filed a declaratory judgment action against Carey’s Estate... More...   $0 (01-20-2013 - ME)

[¶1] Jamie Fuhrmann appeals from the entry of a summary judgment in favor of Staples the Office Superstore East, Inc., by the Superior Court (York County, Fritzsche, J.) and the court’s dismissal of her claims against four individual supervisors, Christian Steppe, John LeMieux, Matthew Auger, and Annette Rodick, for whistleblower discrimination pursuant to the Whistleblowers’ Protection Act (... More...   $0 (01-20-2013 - ME)

This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the author’s words, the book is “based on my life.â€� It discusses Scott’s personal transformation, largely through his relationship with God, following his divorce “on bad termsâ€� from his first wife. Scott’s ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering ... More...   $0 (01-18-2013 - IA)

¶1 South Jordan City dismissed Brett Perez from his position as a city police officer. He appealed to the South Jordan City Ap-peal Board, which affirmed his dismissal. Perez then appealed the Board‘s decision to the Utah Court of Appeals. That court dis-missed for lack of jurisdiction, concluding that Perez‘s petition for review was untimely under Utah Code section 10-3-1106(6).

¶2 W... More...   $0 (01-15-2013 - UT)

This appeal involves a dispute between a homeowners association and property owners who built a cabana and fireplace in their backyard without obtaining prior approval from the homeowners association. The homeowners association contends the applicable governing documents prohibited the cabana and fireplace. Thus, the homeowners association concludes it properly denied the owners‟ request for a v... More...   $0 (01-15-2013 - CA)

This is a consolidated interlocutory appeal of the trial court’s orders in which it denied Venture Cotton Cooperative’s and Noble Americas Corp.’s motions to compel arbitration under the Federal Arbitration Act (FAA). See 9 U.S.C. §§ 1–16; Tex. Civ. Prac. & Rem. Code Ann. § 51.016 (West Supp. 2012). We affirm.

Appellees are cotton farmers who each entered into a co... More...   $0 (01-13-2013 - TX)

Plaintiff, the American Beverage Association (“Associationâ€�), appeals the district court’s order granting summary judgment to Defendants, Governor Rick Snyder, Attorney General Bill Schuette, and Michigan Treasurer Andrew Dillon in their official capacities (collectively Defendants), and the Michigan Beer & Wine Wholesalers Association (“MBWWAâ€�), which intervened in support of Defendants... More...   $0 (01-08-2013 - MI)

In Nevada Department of Human Resources v. Hibbs, the Supreme Court held that a state employee may recover money damages in federal court for a state’s failure to comply with the family-care provision of the Family Medical Leave Act (“FMLAâ€� or “the Actâ€�). 538 U.S. 721, 725 (2003); see generally 29 U.S.C. § 2612(a)(1)(C). After the Supreme Court’s decision, this Circuit held that a pla... More...   $0 (01-07-2013 - MI)

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78Bâ€�5â€�825. See Utah Code Ann. § 78Bâ€�5â€�825 (LexisNexis 2012). We vacate the judgment and re... More...   $0 (01-04-2013 - UT)

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78Bâ€�5â€�825. See Utah Code Ann. § 78Bâ€�5â€�825 (LexisNexis 2012). We vacate the judgment and re... More...   $0 (01-04-2013 - UT)

Raymond Melissa (Raymond) challenges the trial court‟s invalidation of Roberta Melissa‟s (Roberta‟s) spousal support waiver contained in a 1985 prenuptial agreement.1 Raymond argues the court erred because the waiver “does not offend contemporary public policyâ€� and the new rules requiring a spouse to be represented by independent counsel before waiving support cannot be retroactively app... More...   $0 (01-03-2013 - CA)

This is an employment discrimination case, specifically pregnancy discrimination. It is an unusual case in several respects, including that the interactions between plaintiff and defendant‟s representatives were relatively brief, over a period of less than four months; save for four in-person interviews or meetings and a handful of telephone calls, those interactions were all via email; and plai... More...   $0 (12-28-2012 - CA)

[¶1] The Teton County Board of Commissioners (the Board) approved a Final Development Plan Application by C&J, LLC (C&J). C&J owns 2.04 acres of property in Wilson, Wyoming. The northern portion of the property is zoned for commercial use, while the southern portion is zoned for a single-family residence. The plan approved by the Board allowed C&J to construct five residential units and one affor... More...   $0 (12-21-2012 - Wy)