Ownership of land that comprises a portion of Andy Bowie Park on South Padre Island is at issue in this lawsuit. Appellant Cameron County leased the land to a third party so that a hotel could be built on it. Appellees Frank A. Tompkins, individually and as Trustee, Carolyn Tompkins Young, Perry Tompkins, and Lawrence Young1 (collectively “the Tompkinses”) sued Cameron County, Cameron County J... More...   $0 (10-24-2013 - )

Petitioner Kosta Vasili, a native and citizen of Albania, seeks review of a final removal order requiring him and his wife, Androniqi, and their two children, Kleopatra and Aleksandros, to return to Albania. Footnote The petitioners say their application for asylum should have been granted on the basis of past persecution and their well-founded fear of future persecution if they are returned to th... More...   $0 (10-17-2013 - MA)

Plaintiffs challenge Arizona Revised Statutes § 13-2929, which attempts to criminalize the harboring and transporting of unauthorized aliens within the state of Arizona.1 The

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1 We use the term “unauthorized aliens” to refer to aliens who have entered or are present in the United States in violation of federal immigration law. This is the same convention... More...   $0 (10-08-2013 - AZ)

This appeal stems from an international parental kidnapping perpetrated by defendant Mirvat El-Nady. Plaintiff-appellant in this case, Colin Bower, is El-Nady's former husband. In August 2009, El-Nady acted in violation of a court order when she drove the former couple's two minor children to New York City, where they boarded an EgyptAir Airlines Company ("EgyptAir") flight to Cairo, Egypt. This p... More...   $0 (10-08-2013 - MA)

In a commercial real estate transaction, Paraic O‟Donoghue, Tony Manning, Enda G. Quigley, Sean Murphy, Daniel Walsh, and Christopher Flood (collectively defendants) each signed a separate personal continuing guaranty in favor of a lender. The guaranty agreements (agreements) contained a provision authorizing dispute resolution through judicial reference. (Code Civ. Proc., § 638.)1 In its actio... More...   $0 (09-27-2013 - CA)

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery.

On review, the issues are whether ORCP 59 H limits an appellate court’s ability to review objections to a trial court’s instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during b... More...   $0 (09-26-2013 - OR)

This appeal presents the question of whether Federal Rule of Civil Procedure 56, in its current form, prohibits a district court from granting a motion for summary judgment by default based upon a local court rule when an opposing party fails to respond. We conclude that it does.

In this case, in addition to citing such a local rule, the district court considered the motion on the merits ... More...   $0 (09-26-2013 - WA)

Prior to 2008, “group homes”—i.e., homes in which recovering alcoholics and drug users live communally and mutually support each other’s recovery—were generally permitted to locate in residential zones in the City of Newport Beach (“the City”) and they did so freely.1 By 2008, a number of residents of the City launched a campaign to restrict or eliminate group homes in their neighbor... More...   $0 (09-20-2013 - CA)

Under Section 10.2 of the bylaws of the defendants, PIMCO Income Strategy Fund and PIMCO Income Strategy Fund II (collectively, "Funds" or "defendants"), "regular meetings of the Shareholders for the election of Trustees ... shall be held, so long as Common Shares are listed for trading on the New York Stock Exchange, on at least an annual basis." The issue on appeal is the meaning of "on at least... More...   $0 (09-13-2013 - MA)

This appeal concerns a multimillion-dollar contract dispute over the distribution of profits from medical patents. In particular, it involves U.S. Patent No. 5,922,021 (“the ‘021 patent”), awarded to appellant G. David Jang for coronary stent technology. Jang, a doctor and inventor, sued Boston Scientific Corporation (“BSC”), the company to which Jang assigned his coronary stent patents,... More...   $0 (09-13-2013 - DE)

The district court denied the petition of Ismail Ozgur Yaman ("Yaman") for return of his two daughters, E.Y., now 10, and K.Y., now 11, to Turkey, pursuant to the Hague Convention on the More...   $0 (09-11-2013 - NH)

The National Credit Union Administration (“NCUA”) placed two federally chartered corporate credit unions, U.S. Central Federal Credit Union (“U.S. Central”) and

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Western Corporate Federal Credit Union (“WesCorp”), into conservatorship. As liquidating agent, NCUA sued 11 defendants on behalf of U.S. Central, alleging federal and state securities violations.1 In a separa... More...   $0 (08-28-2013 - KS)

Olivia Diane Neely sued Event 1 Productions, Inc. on an premises liability theory claiming:

1. On September 29, 2010, Plaintift a business invitee, was attending an Oklahoma Municipal League conference at the Cox Convention Center in Oklahoma City, Oklahoma.

2. The Defendant was contracted by the Municipal League to stage the event.

3. As a part of its duties in staging the ev... More...   $0 (08-12-2013 - OK)

On March 25, 2011, an immigration judge (IJ) granted petitioner Liu Jin Lin's application for asylum as to certain grounds and denied it as to other grounds. The Department of Homeland Security (DHS) and Lin both appealed to the Board of Immigration Appeals (BIA). On September 27, 2012, the BIA sustained DHS's appeal and vacated the IJ's grant of asylum, and affirmed the IJ's rejection of Lin's o... More...   $0 (07-23-2013 - MA)

In his 2008 application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT), Muhammad Hanif claimed that he had left Pakistan due to political persecution he had suffered at the hands of police as a result of his membership in an out-of-power political party, Jamaat-e-Islami ("JI"). In the hearing that followed, he told a different story, portra... More...   $0 (07-22-2013 - CT)

The petitioner, Jorge Augusto Sutuj, seeks review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings on the grounds of materially changed country conditions. Sutuj claims that the BIA erred in finding no material change in country conditions and in purportedly requiring affidavits from first-hand sources to support his motion. Because the BIA ... More...   $0 (07-17-2013 - MA)

This case is about a little girl (Baby Girl) who is classified as an Indian because she is 1.2% (3/256) Cherokee.Because Baby Girl is classified in this way, the South Carolina Supreme Court held that certain provisions ofthe federal Indian Child Welfare Act of 1978 required her to be taken, at the age of 27 months, from the only parentsshe had ever known and handed over to her biological father, ... More...   $0 (06-27-2013 - DC)

The Voting Rights Act of 1965 employed extraordinarymeasures to address an extraordinary problem. Section 5 of the Act required States to obtain federal permissionbefore enacting any law related to voting—a drastic departure from basic principles of federalism. And §4 of the Actapplied that requirement only to some States—an equally dramatic departure from the principle that all States enjoy ... More...   $0 (06-25-2013 - DC)

The National Voter Registration Act requires States to “accept and use” a uniform federal form to register voters for federal elections. The contents of that form (colloquially known as the Federal Form) are prescribed by a federal agency, the Election Assistance Commission. The Federal Form developed by the EAC does not require documentary evidence of citizenship; rather, it requires onl... More...   $0 (06-17-2013 - AZ)

José Angel Torres-Vaquerano petitions for review of the Board of Immigration Appeals (BIA) affirmance of the Immigration Judge’s (IJ) decision denying his application for withholding of removal and humanitarian relief. The IJ and BIA both found that Torres-Vaquerano presented no evidence that the undisputed past persecution, the torture and murder of his father and three cousins and death threa... More...   $0 (06-16-2013 - MI)

This matter is before the Court upon the report, recommendation and proposal of the Supreme Court Committee on Standard Jury Instructions— Contract and Business Cases and a printed book of instructions prepared by the Committee for use when appropriate in civil cases. We have jurisdiction. See art. V, § 2(a), Fla. Const. This Court generally approves the theory and technique of instructing juri... More...   $0 (06-06-2013 - FL)

The United States of America charged Kaboni Savage with conspiracy to participate in a racketeering enterprise in violation of 18 U.S.C. 1962; murder in aid of racketeering activity in violation of 18 U.S.C. 1959; retaliating against a witness in violation of 18 U.S.C. 1513; using fire to commit a felony in violation of 18 U.S.C. 844; tampering with a witness in violation of 18 U.S.C. 1512; racket... More...   $0 (05-31-2013 - PA)

The United States of America charged Sami Samir Hassoun with use of certain weapons of mass destruction in violation of 18 U.S.C. 2332 and explosive penalities - if death results in violation of 18 U.S.C. 8441 as a result of Defendant placing what he believe to be a powerful bomb along a bustling city street near the Chicago Cubs' baseball stadium. The bomb was actually a fake given to him by an ... More...   $0 (05-31-2013 - IL)

Michael Gray sued the City of Galveston claiming a violation of the Texas Whistleblower Act. The Act waives governmental immunity if a governmental entity takes adverse personnel action against a public employee who in good faith reports to an appropriate law enforcement authority a violation of law by another public employee. See TEX. GOV‘T CODE ANN. §§ 554.002, 554.0035 (West 2012). The City... More...   $0 (05-21-2013 - TX)

In this copyright infringement case, Enterprise Management Limited, Inc.,1 and Mary Lippitt (collectively Lippitt) appeal from a summary judgment in favor of Donald Warrick. Lippitt contends, contrary to the district court’s holding, she demonstrated a prima facie case of copyright infringement. We agree.

FACTUAL BACKGROUND

This case involves a diagram Lippitt created in the course... More...   $0 (05-21-2013 - CO)