A group of past and present students and their parents (collectively, the “Does”) brought this action against the School District of Elmbrook (the “District”), claiming that the District’s practice of holding high school graduations and related ceremonies at a non-denominational, evangelical Christian church was violative of the Establishment Clause of the Constitution of the United Stat... More...   $0 (07-23-2012 - WI)

In 2008, Sky Harbor Air Service, Inc., (“Sky Harbor”) and its owner, H. Paul Martin, asserted more than a dozen claims against various defendants in the U.S. District Court for the District of Wyoming. On summary judgment, the district court dismissed all of their claims. Sky Harbor and Mr. Martin also were held liable on a breach-ofcontract counterclaim and ordered to pay attorney fees.
<... More...   $0 (07-20-2012 - WY)

Lisa French was arrested for felony theft but was later “no-billed” by a grand jury. She and her husband Roger then sued Judy McCollum, G.T. Morton, and Marco French for malicious prosecution and defamation.1 The trial court granted the defendants’ (Appellees’) traditional and no-evidence joint motion for summary judgment. The Frenches appeal, asserting in their sole issue that the trial c... More...   $0 (07-19-2012 - TX)

Jane Mead was fired from her job as administrator of fifteen assisted living facilities operated by Independence Association ("IA") and licensed by the Maine Department of Health and Human Services ("DHHS"). Pursuant to 42 U.S.C. § 1983, Mead filed suit against IA and two DHHS employees in the United States District Court for the District of Maine, alleging that her termination without a hearing ... More...   $0 (07-11-2012 - ME)

Appellees, Daniel Kasprzak, his wife Patricia Kasprzak, and his daughter Katherine Kasprzak (collectively, “the Kasprzaks”) sued appellants, Mary Lee Anderson, Dian Demma, and Bruce Lindsay (collectively, “the residents”), for defamation and related causes of action as a result of a conflict between Daniel Kasprzak, as president of his neighborhood’s homeowner’s association, and variou... More...   $0 (06-15-2012 - TX)

Appellant, Daniel Gawlikowski, challenges the trial court’s entry, after a bench trial, of a judgment in favor of appellee, Steven Thomas Sikes, awarding Sikes damages in his suit for libel[1] and intentional infliction of emotional distress. In three issues, Gawlikowski contends that Sikes’s claims are barred under the pertinent statute of limitations,[2] his allegedly libelous statements ... More...   $0 (06-15-2012 - TX)

Jessica Cockram sued her former employer, Genesco, Inc., after the company made public statements about Cockram’s involvement in an incident in which a pernicious racial slur appeared on a return receipt that Cockram handed to a customer. The district court dismissed Cockram’s claim for false light invasion of privacy and granted summary judgment in favor of Genesco on her defamation claim. Co... More...   $0 (06-11-2012 - MO)

This case involves causes of action for malicious prosecution and defamation against attorneys of record in a prior case. As to the causes of action for malicious prosecution, we hold, among other things, that the attorneys‘ anti-SLAPP1 special motions to strike (Code Civ. Proc., § 425.16.) were improperly granted, and that attorneys who appear on all of the pleadings and papers filed for the p... More...   $0 (06-08-2012 - CA)

Gordon Kirk and Kelly Kirk sued the Roman Catholic Diocese of Tulsa and Bishop Edward Slattery on intentional infliction of emotional distress theories claiming that Kelly, while in treatment for substance abuse, made allegations of sexual abuse against a Catholic priest names Father Paul Eichhoff. Kelly claimed to have been assault by Father Eichhoff while attending elementary shool in Tulsa in ... More...   $0 (06-06-2012 - OK)

¶1 James N. Ciokewicz (Husband) appeals from the Decree of Divorce entered by the trial court, arguing that the court erred in striking his answer and entering a default judgment in favor of Christina Allen (Wife). Husband further asserts that he did not receive constitutionally adequate notice of the property division hearing. In addition, Husband claims that the trial court erred by failing to ... More...   $0 (06-01-2012 - UT)

¶ 1 Plaintiff, Paula Bonhomme, filed a seven-count second amended complaint against defendant, Janna St. James, for damages resulting from a fraudulent Internet-based relationship that defendant allegedly maintained with plaintiff for nearly two years. The circuit court of Kane County dismissed with prejudice all of plaintiff’s counts except fraudulent misrepresentation, which it dismissed with... More...   $0 (05-24-2012 - IL)

The facts in this opinion are drawn from the allegations in the complaint. No trial has occurred. Neither party has presented evidence, and no facts have been found by a factfinder. Because this case comes to us as an appeal from a denial of a motion to dismiss, the applicable standard of review requires us to presume that the allegations in the complaint are true. Our decision to include in this ... More...   $0 (05-24-2012 - TN)

In this interlocutory appeal,[1] appellant,the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction on the tortclaims made against it by appellees, Blanca Vallejo and Anjel Flores (collectively, “Vallejo”).In its sole issue, the City contends that the trial court erred in denying its plea to the jurisdiction in which the City asserted that... More...   $0 (05-22-2012 - TX)

We reverse an order denying a motion to compel arbitration. The complaint’s allegations of concerted conduct between parties and nonparties to the arbitration agreement permit the non-parties to insist on arbitration under the agreement.

Andrea Clarke filed a multi-count complaint against Palm Beach Gardens Community Hospital, Inc., Tenet South Florida Regional Resource Pool, Tenet Health... More...   $0 (05-16-2012 - FL)

After a jury trial in this dispute between neighbors in a condominium complex, the trial court granted a take nothing judgment for one neighbor and reduced the damages awarded to the other. Both neighbors appeal. We affirm.

BACKGROUND

On March 9, 2007, Tony Cantu filed suit in County Court against his neighbor, Jack Seeman, alleging intentional infliction of emotional dis... More...   $0 (05-04-2012 - TX)

This case concerns breaches of a settlement agreement that attempted to resolve the differences between appellant, Mark Henry, and appellee, Marcos Masson. A jury found that both parties materially breached the Settlement Agreement, but it awarded damages only to Masson. In a previous opinion in this case, we affirmed the verdict in favor of Masson and reversed the trial court’s ruling that He... More...   $0 (05-03-2012 - TX)

This case arises from a dispute between a lessee and its commercial landlord. Appellants, Mary Gret McKenzie d/b/a Gen’s Antiques and Mary Gret McKenzie (collectively, “Gen’s Antiques”), leased retail spaces in an antiques mall from appellee, Positive Action International, Inc. d/b/a Grace Hart & Co. (“Hart & Co.”). Gen’s Antiques alleged multiple causes of action, including const... More...   $0 (04-26-2012 - TX)

In this asbestos personal injury case, a jury found ArvinMeritor, Inc. (ArvinMeritor) liable to Gordon and Emily Bankhead1 for compensatory and punitive damages. On appeal, ArvinMeritor does not challenge the jury‟s verdicts as to liability or the amount of compensatory damages. It contends only that the trial court erred in declining to reduce the amount of punitive damages awarded by the jury.... More...   $0 (04-19-2012 - CA)

Mary Kay Hardy, as independent executrix of the estate of Willie Bue (Eppes) Byley, and Evelyn Byley Thornton appeal a summary judgment vesting the mineral estate in 184 acres of land in San Augustine County in Wesley Bennefield. Hardy and Thornton raise two issues attacking the summary judgment on appeal. We reverse and remand.

BACKGROUND

The summary judgment evidence presented to t... More...   $0 (04-19-2012 - TX)

Myrna Roberts (hereinafter, “Myrna”)1, Mel Roberts (hereinafter, “Mel”), DocuCopy, LLC, and Graystone Properties LLC (hereinafter and collectively, “Appellants”) appeal from the circuit court’s judgment after a jury entered a verdict against Appellants on Western Blue Print Company LLC’s (hereinafter, “Western Blue”) petition for damages. Appellants’ first four points allege ... More...   $0 (04-17-2012 - MO)

Under the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1–16), ―arbitration is a matter of contract.‖ (Steelworkers v. Warrior & Gulf Co. (1960) 363 U.S. 574, 582 [80 S.Ct. 1347]; accord, 9 U.S.C. § 2.) An arbitration contract typically consists of the parties‘ mutual promises to arbitrate their claims against each other.

In this employment case, an employer and its at-will employee... More...   $0 (04-17-2012 - CA)

Lewis A. Heacker sued Jessica J. Wright and her insurers (including Nationwide Insurance Company of America) for equitable garnishment to collect a state court judgment. The district court1 granted summary judgment to the insurers. Heacker appeals as to Nationwide. Jurisdiction being proper under 28 U.S.C. § 1291, this court affirms.

I.

Lewis Heacker sued Jessica Wright in the C... More...   $0 (04-17-2012 - MO)

The plaintiff, Robert Pelkey, appeals the decision of the Superior Court (Garfunkel, J.) granting the motion for partial summary judgment of the defendant, Dan’s City Used Cars, Inc. d/b/a Dan’s City Auto Body. We reverse and remand.

I. Background

The following facts are drawn from the record. In March 2009, the plaintiff brought suit against both his landlord, Colonial Village, ... More...   $0 (04-10-2012 - NH)

[¶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 is an interlocutory appeal from the trial court’s order denying a defendant’s application to compel arbitration under Texas Civil Practice and Remedies Code section 171.021. Because the claims asserted against the defendant by the plaintiff do not fall within the scope of the arbitration agreement, the trial court did not err in refusing to compel arbitration, and we affirm the trial cour... More...   $0 (03-29-2012 - TX)