This case stems from the death of a minor child, 23-month-old Brooklyn Coons (“BIC”), on January 20, 2008, at the hands of her father’s girlfriend. Plaintiffs-Appellants, Larry and Mary Crosetto and the Estate of BIC, filed an action alleging that a social worker, Defendant-Appellee, Linda Gillen, created the danger that resulted in the death of their granddaughter and denied them their righ... More...   $0 (12-20-2012 - KS)

Marie Ann Fuges appeals from an order of the United States District Court for the Eastern District of Pennsylvania entering summary judgment in favor of Southwest Financial Services, Ltd. (“Southwest”) with respect to Fuges‟s claim that Southwest willfully violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681-1681x. Fuges claims that Southwest willfully violated FCRA when ... More...   $0 (12-12-2012 - ME)

Government Code1 section 915, subdivision (a) (section 915(a)), establishes the manner of delivery of a claim against the government. It requires that a claim be presented to a local public entity by “[d]elivering it to the clerk, secretary or auditor,” or by mailing it to one of these officials “or to the governing body.” Section 915, subdivision (e) (section 915(e)), further provides tha... More...   $0 (12-08-2012 - CA)

Appellant Sharon Ann Gribble, individually and in her capacity as guardian of the person and estate of Michael Ray Gribble, her disabled adult son, sued Michael’s alleged biological father, appellee Brent Allen Layton, for a determination of parentage and child support. Layton moved to dismiss the suit on statute-of-limitations grounds and, alternatively, on the grounds that Sharon lacked standi... More...   $0 (12-07-2012 - TX)

¶1 This case presents a certified question of law from the Tenth Circuit Court of Appeals. Dr. Douglas Reinhart claimed an exemption in bankruptcy for 75 percent of wages that he earned prior to filing his bankruptcy petition but that were either paid to or still owing to Dr. Reinhart after the date of the petition. Dr. Reinhart based his claim on section 1673 of the federal Consumer Credit Prote... More...   $0 (12-04-2012 - UT)

AstenJohnson, Inc. (AstenJohnson) and Scapa Dryer Fabrics, Inc. (Scapa), appeal the district court’s entry of judgment in favor of Henry and Geraldine Barabin following a jury trial resolving Henry Barabin’s claim that his mesothelioma was caused by occupational exposure to asbestos. AstenJohnson and Scapa manufactured dryer felts that contained asbestos and that were installed on paper machin... More...   $0 (11-16-2012 - WA)

This case grows out of an avoidable tragedy. Ann and Greg Elwell were in the process of adopting T.S., a young boy who had been in their care almost his entire life.

But approximately one month after a complaint of emotional abuse of another child in the Elwells’ care—which all parties agree did not raise concerns for T.S.’s safety or welfare and was subsequently deemed unsubstantia... More...   $0 (11-15-2012 - KS)

The United States appeals from a district court order granting defendant Hasan Worthy's motion for release on account of 18 U.S.C. § 3164 (2006). This court has jurisdiction pursuant to 18 U.S.C. § 3731 ("appeal by the United States . . . from a decision or order, entered by a district court of the United States, granting the release of a person charged with . . . an offense"). The following fa... More...   $0 (11-14-2012 - ME)

Avery Richey, a sales manager at Power Toyota of Cerritos, was terminated from his job four weeks before the expiration of his approved medical leave under the Moore- Brown-Roberti Family Rights Act (CFRA) (Gov. Code, §§ 12945.1, 12945.2)1 because his employer believed Richey was misusing his leave by working part time in a restaurant he owned. Richey sued Power Toyota’s parent companies, Auto... More...   $0 (11-12-2012 - CA)

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...   $0 (11-08-2012 - NJ)

In this land use planning case respondent City of Carlsbad (the city) was required by Government Code1 section 65588 to revise the housing element of its general plan and in particular adopt provisions which fulfill the city's obligation to provide low cost housing in the region. As required by the Government Code the city adopted a revised housing element which identified an inventory of parcels ... More...   $0 (11-01-2012 - CA)

It is settled that when a development project is approved by means of a ballot initiative placed on the ballot by voters and adopted by them in an election, the project is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA). (See CEQA Guidelines, § 15378 (b)1.) In this case, real parties in interest Wal-Mart Stores, Inc., ... More...   $0 (10-30-2012 - CA)

Senan Al-Mansoob filed this lawsuit in July 2009. When he instituted Chapter 7 bankruptcy proceedings two months later, he did not list his claims against Defendants Matthew Malloy and Wilburn Archer Trucking, Inc., among his assets. Upon learning of the omission, Defendants sought summary judgment, arguing that Al-Mansoob was judicially estopped from pursuing the claims. Relying on a Sixth Circui... More...   $0 (10-30-2012 - MI)

This appeal raises a question of first impression involving the interpretation of Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., in the common circumstance of a debtor converting his or her case from a Chapter 13 adjustment of debts under a reorganization plan to a Chapter 7 liquidation of assets and distribution to creditors.1 If at the time of conversion the Chapter 13 trustee is... More...   $0 (10-26-2012 - PA)

When an insured defendant believes its insurer is refusing

to settle a plaintiff's claims in bad faith, the insured can negotiate an independent

pretrial settlement with the plaintiff. These settlements typically involve a stipulated

judgment against the insured, a covenant not to execute on that judgment against the

insured, and an assignment to the plaint... More...   $0 (10-25-2012 - WA)

Philip E. Cannata brought suit against the Catholic Diocese of Austin and St. John Neumann Catholic Church (“Appellees” or “the church”), alleging that the church terminated him in violation of the Age Discrimination in Employment Act (“ADEA”) and the Americans with Disabilities Act (“ADA”).

The district court dismissed the suit based on the ministerial exception, which bars... More...   $0 (10-24-2012 - TX)

Plaintiff-Appellant Bridget Smith worked for Rail Link, Inc. (“Rail Link”) as a freight operator at the Belle Ayre Mine in Wyoming. She was injured on the job, and subsequently sued Rail Link and its corporate parent Genessee & Wyoming, Inc. (“GWI”) in federal district court, asserting that the companies were liable for her injuries under the Federal Employers Liability Act (“FELA”). F... More...   $0 (10-24-2012 - WY)

The complaint alleges that employees in Oregon State University’s Facilities Department gathered up the outdoor newsbins belonging to the Liberty, a conservative student monthly, and threw them in a heap by a dumpster in a storage yard. The employees acted pursuant to an unwritten and previously unenforced policy governing newsbins on campus. They did not notify anyone at the Liberty before conf... More...   $0 (10-24-2012 - OR)

An Abbey of the Benedictine Order of the Catholic Church challenges as unconstitutional rules issued by the Louisiana Board of Funeral Directors granting funeral homes an exclusive right to sell caskets. The district court enjoined their enforcement, finding that they deny equal protection and due process of law.

I.

The thirty-eight monks of St. Joseph Abbey earn their way in a p... More...   $0 (10-24-2012 - LA)

¶2 Father is the biological parent of M.V. and C.V., born August 2006, and August 2009, respectively. On November 23, 2009, Child Protective Services (CPS) received a report that Mother and C.V. tested positive for marijuana at C.V.’s birth.

When the CPS case manager initially assigned to the case met with Mother, Mother admitted that she had used drugs during the first sixteen weeks of ... More...   $0 (10-23-2012 - AZ)

¶1 This appeal concerns a challenge by a group of citizens (Citizens) to an ordinance passed by the Grand County Council (Council) approving amendments concerning a Planned Unit Development (PUD) district. In the district court, Citizens claimed that the Council had acted administratively in adopting Ordinance 454 and, accordingly, that the matter should be remanded to the Grand County Board of A... More...   $0 (10-23-2012 - UT)

Appellant, a Tennessee corporation, was sued in strict liability in Montana federal court for injuries resulting from a silo that it sold. The silo was manufactured by respondent, a Minnesota company. Appellant sought common-law indemnity from respondent in Minnesota state court. The district court determined that Montana indemnity law applied and dismissed appellant’s indemnity claim. Because c... More...   $0 (10-22-2012 - MN)

The “yellow pages” telephone directory was once a ubiquitous part of American life, found in virtually every household and office. We were regularly encouraged to let our fingers do the walking. But times have changed, and today phone books, like land-line telephones themselves, are not so universally accepted.

The City of Seattle imposes substantial conditions and costs on the distribu... More...   $0 (10-15-2012 - WA)

This is an unfortunate story of a business and familial relationship gone bad. Rodney Schoenholz entered into an oral agreement with his sister, Janine Hinzman, for the bailment of farm animals and farm equipment on her land. Four years after their cooperative effort to breed horses broke down, Hinzman sold her farm and the horses. Schoenholz subsequently retrieved most of his equipment from the f... More...   $0 (10-12-2012 - KS)

Angelina Povey injured her wrist while working as an attendant at the City of Jeffersonville (“Jeffersonville”) animal shelter. Jeffersonville ultimately terminated Povey’s employment. Povey brought this action under 42 U.S.C. § 12101 alleging that her termination violated the Americans with Disabilities Act (“ADA”). The district court granted Jeffersonville’s motion for summary judgm... More...   $0 (10-09-2012 - IN)