Hague Convention Law
 
Joseph P. O'Leary v. Accretive Health

Accretive is a Chicago-based consulting firm that provides billing, collections, and other revenue-cycle services to hospitals around the country. O’Leary joined Accretive as a vice-president in February 2005, when the company was less than two years old. O’Leary was assigned to oversee revenue-cycle operations at four Michigan hospitals. He initially reported to executive vicepresident Etienn... More...   $0 (09-21-2011 - Wi)

River's Edge Investments, LLC v. City of Bend

2 Defendant City of Bend appeals from a limited judgment that granted
3 partial summary judgment and awarded $142,190 to plaintiff River's Edge Investments,
4 LLC (River's Edge). The resolution of this case depends on whether the terms of a
5 development agreement between the city and River's Edge allowed the city to impose
6 system development charges (SDCs) on River's Edge for it... More...
   $0 (09-08-2011 - OR)

Michael P. v. Department of Education, State of Hawaii

Courtney G., a minor with dyslexia, by and through her mother and Guardian Ad Litem, Elizabeth G.,1 appeals from the district court’s order affirming the Administrative Hearings Officer’s (“Hearing Officer”) conclusion that the Hawaii Department of Education (“Hawaii DOE”) properly found Courtney ineligible for services under the Individuals with Disabilities Education Act (“IDEA”)... More...   $0 (09-08-2011 - HI)

Magnus Norinder v. Sharon Fuentes

Although the federal courts normally have nothing to do with child custody issues, there is an exception for cases that arise under the International Child Abduction Remedies Act (the Act), 42 U.S.C. §§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980). This is one of ... More...   $0 (09-06-2011 - IL)

Elin Phifer v. Icelandicair

Today we clarify that a plaintiff does not have to prove that an airline violated an Federal Aviation Administration (“FAA”) standard to establish that there was an “accident” under Article 17 of the Convention of the Unification of Certain Rules Relating to International Transportation by Air (“Montreal Convention”). Because the district court held otherwise, requiring the plaintiff t... More...   $0 (09-01-2011 - CA)

Planned Parenthood Arizona, Inc. v. American Association of Pro-Life Obstetricians & Gynecologists

¶1 This case requires us to decide whether four statutory provisions that regulate the performance of abortions violate the equal protection or privacy clauses of the Arizona Constitution. The trial court granted Planned Parenthood of Arizona (“PPAZ”) a preliminary injunction barring the enforcement of portions of A.R.S. §§ 36-2152 through -2155. We hold that the statutes at issue would wit... More...   $0 (08-11-2011 - AZ)

Jane Doe v. Indian River School District

The Indian River School Board (the “Board”) has a long-standing policy of praying at its regularly-scheduled meetings, which are routinely attended by students from the local school district. Appellants argue that the Board‟s policy is unconstitutional under the Establishment Clause of the First Amendment. The Board claims that a school board is like a legislative body and that its practice ... More...   $0 (08-08-2011 - DE)

Carlos Fernando Vasquez v. Stephanie Jo Colores

Dr. Carlos Colores Vasquez filed a petition to return his twenty-two-month-old daughter, I.R.C., to Mexico pursuant to the Hague Convention on the Civil Aspects of Child Abduction (the Convention), implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. §11601 et seq. Stephanie Colores, Dr. Colores’s estranged wife and mother of I.R.C., opposed the petition. The distric... More...   $0 (08-05-2011 - MN)

William Carlo Jachetta v. United States of America

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLM”) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f... More...   $0 (08-01-2011 - AK)

Gregory A. Lowery v. Workforce Appeals Board

¶1 Gregory A. Lowrey challenges the Department of Workforce Services Appeals Board’s (the Board) decision that Jacklyn Emmett Johnson’s wages were subject to unemployment insurance contributions. We affirm.

¶2 Lowrey operated a religious entity known as UBU Ministries (UBU), which considered tattooing to be one of its core religious tenets. Either directly or through UBU, Lowrey also ... More...
   $0 (07-29-2011 - UT)

Elin Phifer v. Icelandair, AKA Icelandair Northamerica

Today we clarify that a plaintiff does not have to prove that an airline violated an Federal Aviation Administration (“FAA”) standard to establish that there was an “accident” under Article 17 of the Convention of the Unification of Certain Rules Relating to International Transportation by Air (“Montreal Convention”). Because the district court held otherwise, requiring the plaintiff t... More...   $0 (07-26-2011 - CA)

Conservatin Force v. Ken Salazar

This case involves the seizure and administrative forfeiture of two leopard trophies by the United States Fish and Wildlife Service (“FWS”) from two hunters, Patricio Miguel Madero Blasquez and Colin Crook (“plaintiffs”), who attempted to import the leopard trophies from African countries without proper export permits. Plaintiffs and Conservation Force, a nonprofit entity, filed suit again... More...   $0 (07-22-2011 - CA)

Centro Familiar Cristiano Buenas Nuevas v. City of Yuma

We address the “equal terms” provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA).1

I. Facts

Centro Familiar Cristiano Buenas Nuevas, founded in 1998, is a Christian congregation of around 250 members, associated with the Arizona Southern Baptist Convention. The church sued for a declaratory judgment, injunction, and damages, when the City of Yuma preven... More...
   $0 (07-12-2011 - AZ)

Carleen Black v. Pan American Laboratories, LLC

Carleen Black sued her former employer, Pamlab, alleging various sex discrimination claims and a retaliatory termination claim under Title VII, 42 U.S.C. § 2000e et seq., and the Texas Commission on Human Rights Act (TCHRA), TEXAS LAB. CODE §§ 21.001-21.556. A jury rendered a verdict in Black’s favor and awarded her $3,450,000 in back pay and compensatory and punitive damages. Applying Title ... More...   $0 (07-11-2011 - TX)

Boimah Flomo v. Firestone Natural Rubber Co., LLC

This suit under the Alien Tort Statute, 28 U.S.C. § 1350, pits 23 Liberian children against the Firestone Natural Rubber Company, which operates a 118,000-acre rubber plantation in Liberia through a subsidiary; various Firestone affiliates and officers were also joined as defendants. The district court granted summary judgment in favor of all the defendants, but the plaintiffs have appealed only ... More...   $0 (07-11-2011 - IN)

St. Louis County v. Prestige Travel, Inc.

Appellants, St. Louis County and St. Louis Convention and Visitors Commission ("CVC") filed suit against Prestige Travel, Inc. and numerous other online travel companies that facilitate the booking of hotel and motel rooms via the internet.1 St. Louis County and CVC argued Prestige and the other companies were required to pay hotel and tourism taxes imposed by §§ 502.500 to 502.550 of the revise... More...   $0 (06-28-2011 - MO)

Stephanie Williams v. CSX Transportation Company, Inc.

Plaintiff, Stephanie Williams, sued her employer, CSX Transportation Company, Inc. (“CSX”), for allegedly subjecting her to both racially and sexually hostile work environments. The district court held that Williams failed to file a document that meets the test for a “charge” with the Equal Employment Opportunity Commission on her claim of a sexually hostile work environment and, thus, fai... More...   $0 (06-28-2011 - TN)

Alphonse Dehonzai v. Eric H. Holder, Jr., Attorney General

Alphonse Dehonzai, of the Ivory Coast, petitions for review of a July 10, 2009 order by the Board of Immigration Appeals (BIA). The BIA, affirming an October 4, 2007 ruling of an Immigration Judge (IJ), denied Dehonzai's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), finding he had not met his burden under any of those claims. Dehonzai ar... More...   $0 (05-23-2011 - )

Cynosure, Inc. v. St. Paul Fire and Marine Insurance Company and St. Paul Guardian Insurance Company

This is a declaratory judgment action to determine coverage under a commercial policy insuring against liability for injury caused by advertising. The plaintiff Cynosure, Inc., is the defendant in an underlying civil action charging it with responsibility for sending commercial fax messages “without consent from the recipients” in violation of the Telephone Consumer Protection Act, 47 U.S.C. ... More...   $0 (05-12-2011 - MA)

Vantha Pheng v. Eric H. Holder, Jr., Attorney General

A Cambodian woman, Vantha Pheng, petitions for review of the denial of her applications for asylum, withholding of removal (WOR), and relief under the Convention Against Torture (CAT). We will assume familiarity with the standards for granting such relief from removal and with the deferential substantial evidence standard of judicial review, under which we will reverse the decision of the Board of... More...   $0 (05-12-2011 - )

Cynosure, Inc. v. St. Paul Fire and Insurance Company

This is a declaratory judgment action to determine coverage under a commercial policy insuring against liability for injury caused by advertising. The plaintiff Cynosure, Inc., is the defendant in an underlying civil action charging it with responsibility for sending commercial fax messages “without consent from the recipients” in violation of the Telephone Consumer Protection Act, 47 U.S.C. ... More...   $0 (05-12-2011 - MA)

Martin Soto Fong v. Charles Ryan, et al.

Tucson, Arizona civil rights lawyer represented the Plaintiff who sued the Defendants seeking stay of execution and a writ of habeas corpus.


efore the Court is Petitioner Martin Fong's Petition for Writ of Habeas Corpus, which has been amended twice, corrected, and supplemented. (Docs. 1, 43, 92, 94, 229.)1 For the reasons set forth herein, the Court concludes that Petitioner is not ... More...
   $0 (05-11-2011 - AZ)

Sherbano Moosa v. Eric H. Holder, Jr., Attorney General of the United States

Sherbano Moosa, a citizen ofPakistan, entered the United States on a visitor’s visain 1995 and remained after her visa expired. Moosa was eventually ordered removed, but she apparently ignored that command and remained in the country. Nearly seven years later, Moosa filed a motion to reopen her proceedings with the Board of Immigration Appeals (“Board”). In her motion, Moosa argued that ... More...   $0 (05-09-2011 - )

Martin Stern v. Michelle Stern

Alleging that his son DJ had been wrongfully retained in Iowa by Michelle Garland Stern, DJ's mother, Martin Stern petitioned in the district court2 under the International Child Abduction Remedies Act (ICARA) for DJ's transfer to Israel for custody adjudication there. The district court denied the petition after finding that the United States was DJ's habitual residence at the time of the alleged... More...   $0 (05-06-2011 - IA)

Eduardo De Jesus Diaz Ruano v. Eric H. Holder, Jr., Attorney General

Eduardo de Jesús Díaz Ruano, a Guatemalan national, seeks judicial review of an order of the Board of Immigration Appeals (BIA) denying his application for withholding of removal and protection under Article III of the United Nations Convention Against Torture (CAT). After careful consideration, we deny the petition.

We draw the facts largely from the petitioner's testimony before the i... More...
   $0 (05-04-2011 - )

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