An Arkansas jury found in favor of Sharon Sanders on her Title VII claims of race discrimination and constructive discharge against the Lee County School District No. 1 and individual members of the County's Board of Education. The jury awarded $10,000 in compensatory damages on the race discrimination claim, $60,825 in wages and fringe benefits on the constructive discharge claim, and a total of ... More...   $0 (02-28-2012 - AR)

Under the Black Lung Benefits Act (“the Actâ€�), a coal miner who is totally disabled due to pneumoconiosis1 from coal mine employment is entitled to lifetime benefits. 30 U.S.C. § 901(a). If the miner dies due to pneumoconiosis from coal mine employment, the miner’s surviving spouse is entitled to benefits. Id. In 2005, pursuant to the Act’s administrative provisions, an Administrative Law... More...   $0 (02-28-2012 - CO)

This appeal presents issues of state law governing the powers of Illinois fire protection districts. Defendant-appellant Lisle-Woodridge Fire Protection District (the District) adopted an ordinance in 2009 requiring commercial buildings and multi-family residences to have fire alarms equipped with wireless radio technology that would send alarm signals directly to the central monitoring “boardâ€... More...   $0 (02-27-2012 - IL)

Decedent Charles Gray sought treatment for epilepsy at Defendant University of Colorado Hospital. In the course of his withdrawal from medication, hospital staff left decedent unattended and he died after suffering a seizure. Plaintiffs, decedent’s estate and family members, filed this civil rights suit pursuant to 42 U.S.C. § 1983. In their complaint, Plaintiffs alleged among other things, tha... More...   $0 (02-27-2012 - CO)

2 The issue in this case is whether a healthcare provider can be liable in
3 damages when the provider's negligence permitted the theft of its patients' personal
4 information, but the information was never used or viewed by the thief or any other
5 person. Plaintiffs claimed economic and noneconomic damages for financial injury and
6 emotional distress that they allegedly suffered... More...   $0 (02-24-2012 - OR)

This appeal arises out of a dispute between Edward Thomas Slover, the natural parent, and Phyllis Meyer, the maternal step-grandmother, over custody of Mr. Slover's child. Because the trial court used an incorrect legal standard in denying Mr. Slover's petition to modify custody, we reverse.

Mr. Slover and the child's mother never married. Shortly after the child's birth, the mother left th... More...   $0 (02-24-2012 - FL)

We are called upon in this appeal to decide what level of deference—if any—must be afforded to a local governmental entity’s proffered plan to remedy an adjudged violation of Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973 (“Section 2â€�), when that proposed remedy unnecessarily conflicts with state law. We believe that when such plans in effectuating their remedial purposes ... More...   $0 (02-22-2012 - WY)

This is a dispute between the State and a testator’s daughter and half sisters over his $3 million estate. At issue is the proper distribution of the estate of the testator, who, by way of a handwritten will, attempted to disinherit all of his heirs but was unsuccessful in otherwise affirmatively devising his estate. Under the common law, a disinheritance clause was unenforceable in these circum... More...   $0 (02-16-2012 - NV)

Plaintiff-Appellant Laura Leigh, a photojournalist, contends that viewing restrictions at a Bureau of Land Management (BLM) horse roundup violated her First Amendment right to observe government activities. Leigh moved for a preliminary injunction to require the BLM to provide her with unrestricted access to horse roundups. The district court denied Leigh’s motion, concluding that most of the re... More...   $0 (02-14-2012 - NV)

In this latest round of litigation concerning California’s adoption of an initiative constitutional amendment to prohibit same-sex marriage, we must decide whether the district court abused its discretion by ordering the unsealing of the video recording of the trial, which had purportedly been prepared by the trial judge for his in-chambers use only and was later placed in the record and sealed ... More...   $0 (02-08-2012 - CA)

Shirley Wayside Limited Partnership (Wayside), owner of a mobile home park in the town of Shirley, sought a special permit from the town's zoning board of appeals (board) in order to expand its mobile home park, a lawfully nonconforming use, from sixty-five to seventy-nine units. The board refused to grant the special permit, finding that Wayside had failed to establish that the expansion would no... More...   $0 (02-07-2012 - MA)

Plaintiffs-appellants Amanda and Reece Heinrich and six other couples (referred to collectively as “plaintiffsâ€�) appeal the district court’s order granting the second motion for judgment on the pleadings filed by defendants-appellees, Waiting Angels Adoption Services, Inc. and its principals, Simone Boraggina and Joseph Beauvais (referred to collectively as “defendantsâ€�). The district co... More...   $0 (02-07-2012 - MI)

¶1 In this case we are asked to clarify the standards for redi-rection of child support payments under Utah Code section 78B-12-108. The support order at issue here required petitioner Steven Hansen to pay child support to his ex-wife, but he subsequently sought to redirect his support payments to a homeless shelter where the child resided for a period of time. Because the homeless shelter is not... More...   $0 (02-03-2012 - UT)

Larry Davis was terminated from his position as Senior Humane Officer (“SHOâ€�) for the City of Anderson after refusing to support the successful mayoral campaign of Kris Ockomon. Davis brought suit in district court, claiming that the position of SHO was not subject to political termination and that his dismissal violated the First and Fourteenth Amendments. The district court, relying on an of... More...   $0 (02-03-2012 - IN)

Gabriella Della Corte appeals from a modification judgment entered by a judge of the Suffolk Division of the Probate and Family Court Department, maintaining joint legal custody of the child with Angelica Ramirez. On appeal, she claims that Ramirez is not the child's legal parent, the judge erred in finding no material or substantial change in circumstances, and that it was error to not set out wh... More...   $0 (02-02-2012 - MA)

The municipality of Englewood, Ohio, passed an ordinance banning all door-to-door canvassing and soliciting between 6 P.M. and 9 A.M. Ohio Citizen Action challenged this curfew and other provisions of the ordinance on First Amendment grounds. The district court upheld the curfew, but found other portions of the ordinance unconstitutional. We AFFIRM in part and REVERSE in part.

I. BACKGROUND... More...   $0 (02-02-2012 - OH)

This appeal concerns the interpretation of the phrase “consumer product in consumer useâ€� in the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLAâ€�). 42 U.S.C. §§ 9601 et seq. Plaintiff-appellant, Emergency Services Billing Corporation (“ESBCâ€�), is the billing agent for the Volunteer Fire Department of Westville (“Fire Departmentâ€�), a town in central I... More...   $0 (02-02-2012 - IN)

This is a consolidated appeal following an interpleader proceeding filed by Bank of America (“the Bankâ€�). The factual and procedural predicate is as follows. In 1998, Keiko Machida (“Machidaâ€�) opened an IRA, worth in excess of $1,500,000.00, with MBNA America Bank, which later merged with the Bank.1 Machida subsequently married Errol Rainess (“Rainessâ€�) on August 22, 2001, and died sho... More...   $0 (02-01-2012 - FL)

The petitioner, Lachlan MacLearn, and the intervenor, Simon Hutchings (together, the appellants), appeal an order of the Superior Court (Abramson, J.) denying Hutchings’ motion for summary judgment and granting summary judgment in favor of the respondent, Commerce Insurance Company (Commerce). We affirm.

The trial court found or the record supports the following facts. Lachlan MacLearn an... More...   $0 (01-27-2012 - NH)

Appellant Rick Strandlof was charged under the Stolen Valor Act, 18 U.S.C. § 704(b), which makes it illegal to falsely claim to have received a military award or honor. We must decide whether the Act is constitutional. Answering this question requires us to determine whether, and to what extent, the First Amendment prohibits Congress from punishing knowingly false statements of fact.

Reaso... More...   $0 (01-27-2012 - Co)

Three years after suffering a collapsed lung following a medical procedure, Shannon Ranucci filed a Notice of Intent to File Suit (Notice) against Corey K. Crain, M.D. Ranucci subsequently filed an affidavit of a medical expert. The circuit court granted Dr. Crain's motion to dismiss Ranucci's Notice for failure to file the medical expert's affidavit timely. Ranucci appeals, arguing the circuit... More...   $0 (01-25-2012 - SC)

Three years after suffering a collapsed lung following a medical procedure, Shannon Ranucci filed a Notice of Intent to File Suit (Notice) against Corey K. Crain, M.D. Ranucci subsequently filed an affidavit of a medical expert. The circuit court granted Dr. Crain's motion to dismiss Ranucci's Notice for failure to file the medical expert's affidavit timely. Ranucci appeals, arguing the circuit... More...   $0 (01-25-2012 - SC)

Following the 2005 merger between Cinergy Corp. and defendant Duke Energy Corporation, plaintiffs Barbara Gambill and Eric French were terminated during a reduction in force. Gambill and French, who were both over fifty years old at the time of their discharge, allege that Duke terminated them because of their age, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, ... More...   $0 (01-25-2012 - OH)

Darrell Brown and Amy Brown sued Keystone Automotive Industries, Inc. seeking a benefits under an employee benefit plan adoption by Keysteon under E.R.I.S.A., 29 U.S.C. 1132.... More...   $1 (01-23-2012 - OK)

Public officials using the power of their perches to wring money and favors from those they are supposed to serve is a problem as old as government itself. But the problem hardly persists for a lack of effort to eradicate it. Cicero tried to expunge extortion from the public arena when he prosecuted the plundering Roman governor Gaius Verres, and we do much the same today when we prosecute plunder... More...   $0 (01-23-2012 - NM)