¶1 SHIRLEY S. ABRAHAMSON, C.J. This is a review of a published decision of the court of appeals in a medical malpractice case.[1] The court of appeals affirmed a judgment of the Circuit Court for Fond du Lac County, Robert J. Wirtz, Judge, entered on a jury verdict in favor of Thomas W. Jandre (Jandre) and his wife, Barbara J. Jandre (collectively, the Jandres), against Dr. Therese J. Bullis... More...   $0 (04-17-2012 - WI)

In this Engle-progeny1 case, the jury returned a special interrogatory verdict in favor of the tobacco company defendants, appellees here, based on the affirmative defense that the plaintiff’s, Ms. Frazier’s, lawsuit was barred by the four-year statute of limitations, section 95.11(3), Florida Statutes (1994). Ms. Frazier has appealed the denial of her motions for directed verdict and new tria... More...   $0 (04-13-2012 - FL)

Plaintiffs are six individuals who suffered catastrophic, traumatic brain injuries as the result of automobile accidents. They seek payment of nofault insurance benefits for the cost of home attendant care services they have received. As plaintiffs’ first-party insurer, defendant State Farm Mutual Automobile Insurance Company (“State Farm”) initially paid benefits at the rates plaintiffs req... More...   $0 (04-13-2012 - MI)

For the better part of a century, California law has guaranteed to employees wage and hour protection, including meal and rest periods intended to ameliorate the consequences of long hours. For most of that time, only injunctive remedies were available for violations of meal and rest period guarantees. In 2000, however, both the Legislature and the Industrial Welfare Commission (IWC) adopted for t... More...   $0 (04-12-2012 - CA)

Killam Ranch Properties Motion for En Banc Reconsideration is granted. We withdraw our May 11, 2011 opinion and judgment and issue this opinion and judgment in its place.

This appeal arises from Killam Ranch Properties, Ltd.’s (“Killam”) claim that Webb County violated the Texas Local Government Code and the Texas Open Meetings Act when it sold county-owned acreage and easements to Kh... More...   $0 (04-11-2012 - TX)

[¶1] The Town of Jackson applied to the district court for an ex parte temporary restraining order (TRO) against Operation Save America (OSA), an anti-abortion protest group. The Town sought to restrict OSA’s demonstration activities in and around the Jackson Town Square during the Boy Scouts’ 2011 annual Elk Fest. The district court granted the ex parte TRO, which enjoined OSA “from assemb... More...   $0 (04-10-2012 - WY)

This appeal arises from appellant William Scott’s judgment of conviction entered on September 28, 2010, in the Southern District of New York (Buchwald, J.). Scott was convicted after a jury trial of one count of distributing, and possessing with the intent to distribute, a controlled substance, in violation of 21 U.S.C. § 841(b)(1)(C). At his trial, the prosecution introduced, over defense obj... More...   $0 (04-06-2012 - NY)

In this opinion, we address the scope of a district court’s authority to unilaterally modify a settlement agreement under NRS 41.200, Nevada’s statute governing the compromise of a minor’s claim.

Because NRS 41.200 leaves the allocation of fees and costs to the district court’s discretion, we conclude that the district court may adjust the terms of the settlement in accord... More...   $0 (04-05-2012 - NV)

Johnny Chappell was discharged from his employment with Bilco Company (Bilco) on August 10, 2007. He sued, alleging that his termination was the result of interference with and retaliation for his exercise of his rights under the Family Medical Leave Act (FMLA) and racial discrimination in violation of 42 U.S.C. § 1981. The district court granted 1 summary judgment for Bilco, and Chappell appeals... More...   $0 (04-05-2012 - AR)

This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts.

FACTUAL/PROCEDURAL BACKGROUND

Carl R. Aten, Jr., and his wife are the only member... More...   $0 (04-04-2012 - SC)

This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts.

FACTUAL/PROCEDURAL BACKGROUND

Carl R. Aten, Jr., and his wife are the only member... More...   $0 (04-04-2012 - SD)

The plaintiffs, Ronald F. Malone and Carol D. Malone, appeal from the judgment of the trial court dismissing their appeal from the decision of the defendant, the zoning board of appeals of the town of Westport (board), upholding the cease and desist order issued by the town zoning enforcement officer. The order, dated October 21, 2008, prohibited certain activities on their property located at 6 C... More...   $0 (04-04-2012 - CT)

At issue in this appeal is a question of corporate successor liability under the de facto merger doctrine or exception. The trial court concluded that XLNT Software Solutions, Inc. (“XLNT”) was liable for a judgment owed by XLN, Inc. (“XLN”), pursuant to this exception. XLNT and XLN lacked common shareholders and higher management; however, the corporations each employed the same two key e... More...   $0 (03-26-2012 - PA)

Plaintiffs-Appellees, nine children (“Named Plaintiffs”) in the custody of Texas’s Permanent Managing Conservatorship (“PMC”), acting through their next friends, filed suit under 42 U.S.C. § 1983 against three Texas officials, in their official capacities, seeking to represent a class of all children who are now and all those who will be in the State’s PMC, i.e., long-term foster car... More...   $0 (03-23-2012 - )

Appellant Mark Johnston was injured while working for Rodgers Electrical Services, Inc., an independent contractor hired by appellee Oiltanking Houston, L.P., to perform various services on Oiltanking‘s premises. In one issue, Johnston contends that the trial court erred in granting summary judgment for Oiltanking. We affirm.

I

In March 2008, Johnston was working for Rodgers at... More...   $0 (03-22-2012 - TX)

We review a grant of summary judgment on preemption grounds de novo, applying the same standards as the district court.15 “Summary judgment is proper if the evidence shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”16

The City contends on appeal that the district court erred by declining to afford the Ordi... More...   $0 (03-21-2012 - TX)

This appeal arises from the Circuit Court of Greenbrier County, wherein the circuit court denied petitioner’s petition for appeal of the Greenbrier County Family Court’s order granting, in part, and denying, in part, her petition to modify parenting plan. The appeal was timely perfected by counsel, Timothy R. Ruckman, with petitioner’s appendix accompanying the petition. The respondent has f... More...   $0 (03-19-2012 - wv)

David B Burden and Wilai B Burden provide childcare services in their home in Sarpy County, Nebraska. The Southwind Homeowners Association filed suit against the Burdens, alleging that the childcare services as provided violated several restrictive covenants applicable to the premises and asking that the Burdens be enjoined from providing those services. The district court found that the childcare... More...   $0 (03-16-2012 - NE)

Matthew G. (Father) appeals the order of the South Carolina family court terminating his parental rights (TPR) to his minor child (Child) and granting Anthony H.'s (Stepfather) petition to adopt Child. Father argues the family court lacked jurisdiction to hear the child custody dispute because Georgia still had exclusive, continuing jurisdiction under the Parental Kidnapping Prevention Act (PKPA)... More...   $0 (03-16-2012 - SC)

This substantive-due-process case involves the federal rights of a child injured while not in state custody and the applicability of qualified immunity to the acts of state social workers that allegedly led, in fact, to the child’s injury. Defendants, all state social workers, placed a teenaged minor in an adoptive home. The teenager later sexually assaulted the young grandchild of the adoptive ... More...   $0 (03-16-2012 - CA)

¶1 Petitioner/Appellant Donald Joseph Caber, Jr. (Father) appeals the trial court's order filed on May 19, 2010. The order awarded Father and Respondent/Appellee Kendra L. Dahle (Mother) joint custody of their minor child (Child), denied Father's motion to relocate without prejudice to re-filing, and found Mother not guilty of indirect contempt but ordered her to pay an arrearage of $3,374.48. Fa... More...   $0 (03-12-2012 - OK)

On March 4, 2009, appellant, Yiannis Yiallouros,1 filed suit in the Circuit Court for Montgomery County, against appellee, John David Tolson, and alleged that appellee was liable in negligence for damages, including pain and suffering, medical expenses, loss of present and future earnings, and loss of consortium. On April 28, 2010, the jury found in favor of appellant and awarded $32,000.88 for pa... More...   $0 (03-02-2012 - MD)

In this appeal, we address whether the circuit court erred in 1) allowing counsel for Narmina Barber, a personal injury plaintiff in an action arising from an automobile accident, to argue in his closing that each item of damage was separate and had a fixed numerical value, and 2) permitting Barber's counsel to enumerate each item of damages to the jury during closing argument.1 We conclude that t... More...   $0 (03-02-2012 - VA)

1 Petitioner/Appellant Donald Joseph Caber, Jr. (Father) appeals the trial court's order filed on May 19, 2010. The order awarded Father and Respondent/Appellee Kendra L. Dahle (Mother) joint custody of their minor child (Child), denied Father's motion to relocate without prejudice to re-filing, and found Mother not guilty of indirect contempt but ordered her to pay an arrearage of $3,374.48. Fath... More...   $0 (03-01-2012 - OK)

In this appeal, we consider distinct issues arising from a fall-out between business partners. We first consider whether a judgment creditor divests a dual member and manager of a limited-liability company of his managerial duties. In doing so, we determine the rights and remedies of a judgment creditor pursuant to NRS 86.401. We conclude that a judgment creditor has only the rights of an assignee... More...   $0 (03-01-2012 - NV)