In this Hague Convention case concerning claims by the mother of wrongful retention in this country of her fourteen-year-old daughter who was in need of emergency psychiatric care, the district court both denied relief and dismissed the Swiss mother's case. Felder v. Ponder, Civ. Action No. 12-11192-DJC, 2012 WL 3128570 (D. Mass. July 30, 2012). The district court interpreted orders of the relevan... More...   $0 (10-02-2012 - MA)

The issue before us is whether appellants, who were employees of a contractor that performed work pursuant to a municipal contract with the City of Minneapolis (City), may recover for the contractor’s alleged breach of a prevailing wage provision in the contract. Appellants Oscar Caldas, et al., were employed by respondent Affordable Granite & Stone, Inc. (AGS), to perform work at the Minneapoli... More...   $0 (09-26-2012 - MN)

A pipeline owner--Bangor Gas Company, LLC ("Bangor")--and a natural gas supplier--H.Q. Energy Services (U.S.) Inc. ("HQUS")--entered into a contract for the transportation of HQUS' natural gas. The parties later became embroiled in a dispute and submitted their dispute to binding arbitration. After the arbitrators issued a decision largely favorable to HQUS, Bangor sought to vacate the decision i... More...   $0 (09-26-2012 - ME)

In the fall of 2009, Tore Myhra and his family vacationed on a cruise ship operated by Royal Caribbean Cruises, Ltd. During his voyage, Mr. Myhra fell ill, and he died sometime later. His Estate instituted this action against Royal Caribbean, seeking damages for his injuries and death. It alleged that a bacterial infection that he had acquired while on board Royal Caribbean’s vessel had caused t... More...   $0 (09-21-2012 - FL)

This case concerns alleged violations of local occupancy-tax laws by various online travel companies. Plaintiffs—cities, townships, and a county in the state of Ohio—sued various online travel companies, asserting that the online travel companies violated local tax laws by failing to pay a transient-occupancy tax on the difference between a contractually agreed-upon “wholesale” room rate, ... More...   $0 (09-11-2012 - OH)

After her employer denied disability benefits to her, Jana Hague sued the company, Hallmark Cards, Inc., for breach of contract and for unpaid wages. But she was subject to an agreement with Hallmark that required arbitration of any claims "under the law" and "arising out of the employee's employment." Hague contends that there are exclusions from the arbitration requirement that can be found in H... More...   $0 (08-24-2012 - KS)

¶ 1. Plaintiff Richard Daniels is seeking foreclosure of a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont (the Club). Defendant creditors, who include the Vermont Human Rights Commission (VHRC), four individual women, and the Watts Law Firm (Watts), all have junior security interests in the property at issue and oppose foreclosure. Credito... More...   $0 (08-03-2012 - VT)

25 Michael Marcavage and Steven Lefemine (“Plaintiffs”),
26 protesters at the 2004 Republican National Convention at
27 Madison Square Garden, were arrested after they failed to
2
1 comply with police instructions to move along from an area
2 where demonstrating was prohibited and to one designated for
3 protesting. They brought this suit under 42 U.S.C. § 1983
4 a... More...   $0 (08-03-2012 - NY)

Defendants and appellants City of Lancaster, R. Rex Parris, Ronald D. Smith, Ken Mann, Sherry Marquez, Ed Sileo and Mark V. Bozigian (collectively, the defendants or the City) appeal an order denying their special motion to strike the complaint filed by plaintiff and respondent Mongols Nation Motorcycle Club, Inc. (Mongols Inc.). (Code Civ. Proc., § 425.16.)1

This case involves the interpl... More...   $0 (08-02-2012 - CA)

26 This is an appeal from the district court’s grant of summary judgment against the plaintiff
27 and its prior grant of a motion to dismiss one count of the amended complaint. Plaintiff-
28 Appellant Linda Velez (“Velez”) brought this action against Betsy Sanchez (“Sanchez”),
29 Sanchez’s sister Shari Munoz, and Sanchez’s and Shari’s mother Yolanda Munoz under the
... More...   $0 (07-31-2012 - NY)

This dispute involves New Jersey-based Control Screening, LLC and Vietnam-based Technological Application and Production Company, HCMC-Vietnam (“Tecapro”). Control Screening and Tecapro disagree about the proper interpretation of an arbitration forum selection clause in their contract. The District Court granted Control Screening‟s motion and petition to compel arbitration in New Jersey, and... More...   $0 (07-26-2012 - NJ)

Pentonville Developers, Ltd., and Marblearch Trading, Ltd., two Cyprus oil brokerage companies, sued the Republic of Iraq for unilaterally terminating two contracts for the purchase and sale of Iraqi oil. The district court held it had subject matter jurisdiction to hear this action notwithstanding Iraq’s assertion of sovereign immunity under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C... More...   $0 (07-16-2012 - CA)

An Arizona statute known as S. B. 1070 was enacted in 2010 to address pressing issues related to the large number of unlawful aliens in the State. The United States sought to enjoin the law as preempted. The District Court issued a preliminary injunction preventing four of its provisions from taking effect. Section 3 makes failure to comply with federal alien-registration requirements a state misd... More...   $0 (06-25-2012 - AZ)

The complaint in this suit alleged that Courtcall, which gives notices to litigants; fellow tenants in the apartment building where plaintiff lives in Madison, Wisconsin; a local police officer; the Dane County District Attorney’s Office; the Governor of Wisconsin; and a former Prime Minister of Singapore; all have conspired to ruin plaintiff’s life. The district court dismissed this suit as f... More...   $0 (06-19-2012 - WI)

This case involves the interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act, Sections 9.5-101 to 9.5-318 of the Family Law Article, Maryland Code (1984, 2006 Repl. Vol.).1 Peter Paul Toland, Jr.,2 Appellant, challenges the Circuit Court for Montgomery County’s determination that a Japanese decree providing guardianship of his minor child to the child’s grandmother, Akik... More...   $0 (05-22-2012 - MD)

Since 1999, the Town of Greece, New York, has begun its Town Board meetings with a short prayer. In 2008, town residents Susan Galloway and Linda Stephens brought suit against the town and Town Supervisor John Auberger in the United States District Court for the Western District of New York, asserting that aspects of this prayer practice violated the Establishment Clause. The district court (Charl... More...   $0 (05-17-2012 - NY)

In this divorce appeal, Fardad Aduli argues that the trial court erred in denying his special appearance and abused its discretion in permitting his counsel to withdraw on the day of trial; denying his motions for a continuance and a new trial on the basis that he had been forced to leave the country; and adopting his wife’s proposed division of the marital estate without sufficient evidence. We... More...   $0 (05-17-2012 - TX)

The International Child Abduction Remedies Act, 42 U.S.C. §§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980), entitles a person whose child has been removed from his custody (sole or joint) to the United States (usually by the other parent) to petition in federal or state court for t... More...   $0 (05-14-2012 - IL)

The defendant, Vernon Stancuna, appeals from certain postjudgment orders entered by the trial court in this dissolution action. Specifically, the defendant claims that the court abused its discretion by (1) permitting the plaintiff, Liubov Stancuna, to travel with the parties’ minor children outside of the United States without prior notice to the defendant and (2) requiring that the defendant p... More...   $0 (05-08-2012 - CT)

The International Child Abduction Remedies Act, 42 U.S.C. §§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980), entitles a person whose child has been removed from his custody (sole or joint) to the United States (usually by the other parent) to petition in federal or state court for t... More...   $0 (05-04-2012 - IL)

A father filed a motion to modify a child custody and visitation agreement in
the Family Court. The trial judge denied the father’s motion, holding that contract
principles govern the agreement and bar the trial court from modifying
unambiguous contract language. On appeal, the father claims that the trial judge
erroneously applied contract principles to a custody and visitation ... More...   $0 (04-18-2012 - DE)

[¶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)

During the 2004 presidential campaign, Plaintiff-Appellees, Michael Moss and others who opposed President Bush (“protestors” or “anti-Bush protestors”), organized a demonstration at a campaign stop in Jacksonville, Oregon. They contend that Secret Service agents, Defendant-Appellants Tim Wood and Rob Savage (“agents” or “Secret Service agents”), engaged in unconstitutional viewpoin... More...   $0 (04-09-2012 - OR)

Plaintiff Barbara Good appeals from the district court’s grant of summary judgment in favor of defendant University of Chicago Medical Center in Good’s reverse race discrimination case. Good was employed in UCMC’s Radiology Department as a lead technologist in the Computerized Tomography Department. She admits that there were issues with her job performance, but she contends that UCMC discri... More...   $0 (03-12-2012 - IL)

2 To establish the existence of an "occupational disease" that is compensable
3 under the Workers' Compensation Law, a claimant ordinarily "must prove that
4 employment conditions were the major contributing cause of the disease." ORS
5 656.802(2)(a). In some circumstances, however, firefighters do not have the burden to
6 prove causation. Instead, the "firefighters' presumption" d... More...   $0 (03-07-2012 - OR)