Hague Convention Law
 
Oswaldo Enrique Tobarl v. United States of America

Plaintiffs are Ecuadorian crew members of a fishing boat. The United States Coast Guard saw their boat in international waters near the Galapagos Islands and suspected it of involvement with smuggling drugs. The Coast Guard stopped Plaintiffs’ boat and boarded it. Tests performed on the vessel yielded suspicious but inconclusive results and, with the consent of the Ecuadorian government, the Coa... More...   $0 (04-29-2011 - )

Jumbo Cargo, Inc. v. Lan Chile, S.A.

Jumbo Cargo, Inc. (“Jumbo”) is a shipper and freight forwarder. Lan Chile, S.A., (“Lan”) pursuant to an Air Waybill, agreed to ship computer parts and cell phones belonging to Jumbo from Miami, Florida to Guaraní International Airport in Paraguay (“Guaraní”). The Air Waybill provided that the shipment was to go from Miami to Guaraní. There is no dispute that Jumbo delivered the ship... More...   $0 (04-27-2011 - FL)

Nefi Javier VAlero-Avendano v. Eric H. Holder, Jr.

Petitioner Nefi Javier Valero-Avendano (Mr. Valero-Avendano), a native and citizen of Venezuela, petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of his applications for asylum and restriction on removal.1 We lack jurisdiction to consider the determination that Mr. Valero-Avendano’s asylum application was untimely. See 8 U... More...   $0 (04-01-2011 - CO)

Ying Chen v. Attorney General of the United States

Ying Chen and her husband Qiang Chen (collectively, “petitioners”) seek review of a final removal order entered by the Board of Immigration Appeals (“BIA”). At issue is the frequently encountered issue of asylum for the Chinese parents of American born children whose birth exceeds the maximum under China‟s population control rules.

Mr. Chen, a native and citizen of China, Fujian P... More...
   $0 (03-22-2011 - PA)

Amy Silverman v. Board of Education of the City of Chicago

Amy Silverman sued the Board of Education of the City of Chicago alleging that the Board first discriminated against her on the basis of her pregnancy and then retaliated against her for filing a charge with the Equal Employment Opportunity Commission, both in violation of Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act.

From July 2004 until May 20... More...
   $0 (03-21-2011 - IL)

Robert Masterson v. The Diocese of Northwest Texas

This appeal arises from a property dispute among parishioners from the Episcopal Church of the Good Shepherd ("Good Shepherd") in San Angelo, Texas. In 2006, a majority of the Good Shepherd parishioners voted to withdraw Good Shepherd from the Episcopal Church of the United States and the Diocese of Northwest Texas and to reorganize as the Anglican Church of the Good Shepherd affiliated with the D... More...   $0 (03-16-2011 - TX)

J.E. Dunn Nw. v. Corus Constr. Venture

Appellant J.E. Dunn Northwest, Inc. (Dunn), performed various preconstruction services for the One Las Vegas condominium project in Las Vegas, Nevada, and recorded a mechanic’s lien for this work. Respondent Corus Construction Venture, LLC (Corus Bank),[1] provided construction financing for the project and recorded a deed of trust to secure its loan. In this appeal, we address four issues con... More...   $0 (03-03-2011 - NV)

Semi-Materials Co. Ltd. v. MEMC Electronic Materials Inc. and MEMC Pasadena Inc.

In March of 2011, a federal jury in St. Louis, MO ordered St. Peters, MO based MEMC Electronic Materials, Inc. (NYSE: WFR) to pay $19 million to Semi-Materials Co., Ltd., Semi-Materials was represented by the law firms Preti Flaherty of Portland, ME and Menees, Whitney, Burnet & Trog of Clayton, MO during a seven-day jury trial in the U.S. District Court for the Eastern District of Missouri in St.... More...   $19042000 (03-02-2011 - MO)

Danny L. Gajovski v. Estate of Robert C. Philabaun

{¶1} Appellant, Danny L. Gajovski, Sr., filed a notice of appeal from the October 21, 2009 judgment entry of the Portage County Court of Common Pleas, granting the motion for directed verdict of appellees, Estate of Robert C. Philabaun and Deborah J. Philabaun, d.b.a. Philabaun’s Hidden Cove Resort, on appellant’s breach of contract claim. Although appellant also filed a notice of appeal from... More...   $0 (02-25-2011 - OH)

David J. Lovejoy v. James Daniel Linehan

The plaintiff, David J. Lovejoy, appeals an order of the Superior Court (Nicolosi, J.) dismissing his claim for invasion of privacy by public disclosure of private facts against defendants James Daniel Linehan and Mark Peirce. We affirm.

The following facts are recited in the trial court’s order or are supported by the record. This case arises out of the 2009 election for Rockingham Count... More...
   $0 (02-23-2011 - NH)

Dingxi Longhai Dairy, Ltd. v. Becwood Technology Group

Dingxi Longhai Dairy (“Dingxi”) agreed to ship 612 metric tons of Inulin, a dietary fiber extract, to Becwood Technology Group (“Becwood”), a Minnesota distributor. The contract called for four shipments from the port of Tianjin-Xingang, China, to Londonderry, New Hampshire. Becwood received the first two shipments, paid for one, and refused to pay for the second because of mold on the ext... More...   $0 (02-17-2011 - MN)

Chapman Kelley v. Chicago Park District

Chapman Kelley is a nationally recognized artist known for his representational paintings of landscapes and flowers—in particular, romantic floral and woodland interpretations set within ellipses. In 1984 he received permission from the Chicago Park District to install an ambitious wildflower display at the north end of Grant Park, a prominent public space in the heart of downtown Chicago. “Wi... More...   $0 (02-15-2011 - IL)

Kelly A. LeBlanc v. Logan Hilton Joint Venture

The appeal in this wrongful death action requires us to define the potential liability of architectural parties in the circumstances of a large construction project, an extensive contract for their services, and the involvement of multiple codefendants. It presents a challenging exercise in civil procedure.

On August 4, 2004, Roger LeBlanc, a maintenance electrician employed by the Massachu... More...
   $0 (02-09-2011 - MA)

Ted Evans, Jr. v. Oklahoma Employment Security Commission

¶1 The Oklahoma Employment Security Commission (OESC) appeals the district court's order, filed on March 2, 2009, reversing the Board of Review's decision that denied unemployment compensation benefits to appellee Ted Evans, Jr.1 (Evans) pursuant to 40 O.S.2001 § 2-406, because he was terminated for "misconduct." On appeal, OESC argues that the district court erred because the decision of the Bo... More...   $0 (01-28-2011 - OK)

Melissa Howard v. City of Kansas City, Missouri

The City of Kansas City ("the City") appeals a judgment based on a jury verdict awarding compensatory and punitive damages to Melissa Howard for discrimination by the city council ("the council") when it rejected a panel of three Caucasian women nominated for the municipal division of the circuit court because of their race.

The judgment is affirmed.

II. FACTS AND PROCEDURAL HISTORY<... More...
   $0 (01-25-2011 - MO)

Ester Salinas v. Pat Townsend and Norberto Salinas

Appellant, Ester Salinas, was found liable for slandering appellees, the current and former mayors of Mission, Texas. Appellant challenges the judgment by six issues, contending that: (1) her speech was constitutionally protected; (2) her statements were not, as a matter of law, unambiguous defamatory statements of fact; (3) appellees did not prove mental anguish; (4) appellees did not prove tha... More...   $0 (01-06-2011 - TX)

Savvas Charalamvous v. Elizabeth Rohnert Charalambous

Savvas Charalambous filed a petition for the return of his two children, A.C. and N.C., to Cyprus pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11670, which was implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq. The children were removed in June 2010 from Cyprus, their country of ha... More...   $0 (12-08-2010 - ME)

Kulwinder Singh Raju v. Eric H. Holder, Jr.

Kulwinder Singh Raju, a native and citizen of India, seeks review of the Bureau of Immigration Appeals’ (BIA) denial of his motion to reopen his immigration proceedings. For the following reasons, we deny the petition for review.

I. Background

Raju entered the United States in 2002 without proper admission or parole and was placed in removal proceedings. After conceding removabilit... More...
   $0 (12-01-2010 - CO)

E&F Cox v. City of Tulsa

MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT OF PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT


COMES NOW Plaintiff in support of Plaintiff's Second Motion for Summary Judgment filed pursuant to Rule 13 of the Rules of for District Court of Oklahoma, and moves for Summary Judgment in this cause in favor of Plaintiff and against Defendants and Intervenors.

... More...
   $0 (12-01-2010 - OK)

Maria M. Gonzalez v. State of Arizona

Proposition 200 requires prospective voters in Arizona to present documentary proof of citizenship in order to register to vote, Ariz. Rev. Stat. §§ 16-152, 16-166, and requires registered voters to present proof of identification in order to cast a ballot at the polls, Ariz. Rev. Stat. § 16-159. This appeal raises the questions whether Proposition 200 violates the Voting Rights Act § 2, 42 U.... More...   $0 (10-29-2010 - )

Robert Bonds v. Farmers Insurance Company of Oregon

In this case, we decide that, to "formally institute arbitration," and thereby satisfy the timelines set forth in ORS 742.504(12)(a)(B) and maintain a claim for underinsured motorist (UIM) benefits, an insured or an insurer must expressly communicate to the other party that the initiating party is beginning the process of arbitrating a dispute. We further decide that two letters written by defend... More...   $0 (10-14-2010 - OR)

Hugo Aleiandro Villegas Duran v. Johana Ivette Arribada Beaumont

Appellant, Hugo Alejandro Villegas Duran, sought an order compelling Appellee, Johana Ivette Arribada Beaumont, to return their daughter, Valentina Almendra Villegas Arribada, to Chile under the Hague Convention. He contended that Appellee’s violation of Chilean law – removing their daughter to the United States and keeping her there past the three months authorized by a Chilean court – cons... More...   $0 (10-06-2010 - NY)

David Holzemer v. City of Memphis

Defendant–appellant Monique Campbell appeals the district court’s denial of qualified immunity from the plaintiff–appellees’ First Amendment retaliation claim. David Holzemer and Downtown Buggy, LLC, sued Campbell, the City of Memphis, Shelby County, and various other state, county, and city officials under 42 U.S.C. § 1983 for alleged violations of the First, Fourth, Eighth, and Fourteen... More...   $0 (09-15-2010 - TN)

Robert Sandell v. Taylor-Listug, Inc.

Plaintiff Robert Sandell appeals from a judgment entered after the court granted summary judgment in favor of defendant Taylor-Listug, Inc. (Taylor-Listug) on Sandell's claims for disability and age discrimination. Sandell was employed as vice-president of sales at Taylor-Listug, a guitar manufacturer, from 2004 to 2007. Approximately six months into his employment at Taylor-Listug, Sandell suffer... More...   $0 (09-10-2010 - CA)

Marina Karpenko v. Paul Leendertz

Paul Leendertz, father of the minor child at issue in this proceeding, appeals the District Court’s grant of a petition filed by the mother, Marina Karpenko, for the child’s return under the Hague Convention on the Civil Aspects of International Child Abduction. For the following reasons, we will affirm the grant of Karpenko’s petition and order the minor child’s immediate return to her mo... More...   $0 (08-24-2010 - PA)

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