This appeal involves two claims of instructional error and a belated claim of error concerning the procedure to be followed by a trial court under the 2003 amendments to Federal Rule of Civil Procedure 51. Concluding, as we do, that no substantive or procedural error tainted the challenged jury instructions, we affirm.

I. BACKGROUND

We rehearse here only those facts necessa... More...   $0 (09-02-2009 - MA)

Rolando Hernandez, a native and citizen of Guatemala, petitions for review of a decision of the Board of Immigration Appeals (BIA), denying his application for asylum, withholding of removal, protection under the Convention Against Torture (CAT), and asylum on humanitarian grounds (“humanitarian asylum”), as well as his request to administratively close or continue his case. We deny the petiti... More...   $0 (09-01-2009 - MO)

This is an appeal from the trial court's summary judgment rendered in favor of the appellee, Paul Willette. On appeal, appellants, Raquell and Eugene Williams, assert the trial court erred in rendering summary judgment because their response to the motion for summary judgment raised genuine issues of material fact as to whether they used due diligence to effect service on Willette. We affirm.
... More...   $0 (07-15-2009 - TX)

In 2006, the City of Minneapolis (the “City”) amended its taxicab ordinance to uncap the number of transferable taxicab licenses it issues, thereby opening a previously restricted market. The Minneapolis Taxi Owners Coalition (the “Coalition”), a group comprising holders of approximately seventy-five transferable taxicab licenses, sued the City, asserting federal and state constitutional v... More...   $0 (07-14-2009 - MN)

Margaret Russell Law (MRL) appeals a summary judgment against her on claims of breach of contract, breach of implied covenant of good faith and fair dealing, reformation of contract, and declaratory judgment, all of which were asserted by her against Law Company Building Associates (LCBA) and The Law Company (Law Co.) (collectively referred to as "defendants") arising from a financing agreement on... More...   $0 (07-10-2009 - KS)

Progressive Casualty Insurance Company appeals the superior court’s ruling that it issued an ambiguous insurance policy and acted improperly in handling its insured’s claim. Specifically, Progressive challenges the superior court’s conclusions that (1) the Progressive policy failed to meet the requirements for a “personal motor vehicle liability” policy under AS 28.22.101(c); (2) the Pro... More...   $0 (07-10-2009 - AK)

Puliyurumpil Mathew Thomas appeals the district court’s Order granting Carnival Corporation’s Motion to Compel Arbitration and the Order denying his Motion to Remand this case to state court. Thomas originally brought suit against Carnival, his former employer which operated cruise lines in Florida waters, in Florida state court for damages arising from injuries he sustained in a slip-and-fall... More...   $0 (07-01-2009 - FL)

The principal issue in this appeal is whether a local parish or the general church and its diocese own property held in the parish's name, after the parish vestry and a majority of the congregants voted to disaffiliate the parish from the general church and affiliate with another church. After the parties completed their briefing, the California Supreme Court resolved the church property issue aga... More...   $0 (07-01-2009 - CA)

We are asked to determine whether a real estate contract can limit

buyers' remedies for breach to the return of their deposits and certain money spent on

improving the property. Petitioners are licensed real estate agents for a condominium

development who also bought residential units there. As condominium buyers, the

agents want the court to strike down a contr... More...   $0 (06-25-2009 - WA)

In 2002, the City of Seattle promulgated a set of rules governing the conduct of visitors to one of its major attractions, an 80-acre public park and entertainment complex known as the Seattle Center. The new rules regulated for the first time the behavior of the Center’s street performers. We consider today the constitutional validity of some of those rules.

Among other provisions, the n... More...   $0 (06-24-2009 - WA)

Philip Bodenstab sued Cook County and Cook County Hospital’s Chief Operating Officer, Lacy Thomas, and Medical Director, Bradley Langer, after he was fired from his position as an anesthesiologist at Cook County Hospital (now known as Stroger Hospital). Bodenstab alleged he was fired in violation of the Americans with Disabilities Act (“ADA”), and for exercising his First Amendment rights. B... More...   $0 (06-24-2009 - IL)

¶1 The first-impression issue presented to this Court on certiorari from the three interlocutory orders entered in condemnation proceedings is whether an application to withdraw funds which contains the phrase "pending trial on the issues by jury" constitutes a demand for a jury trial as required by title 69, section 1203 when the condemnor waits almost two years before filing a motion to strike ... More...   $0 (06-16-2009 - OK)

Defendant-Appellant Tyler Hill Corporation appeals from a decision of the United States
13 District Court for the Eastern District of New York (Feuerstein, J) enforcing a forum selection
14 clause and remanding the case to the Supreme Court of the State of New York, County of
15 Nassau. We affirm the district court’s decision, although for somewhat different reasons from
16 those... More...   $0 (05-12-2009 - NY)

¶1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S. 2001 § 5 to suppor... More...   $0 (05-09-2009 - OK)

This appeal turns on a nuanced question that lurks at the intersection of federal and state law: Does an amended complaint that changes the identity of a named defendant after the expiration of the applicable limitations period relate back to the date of the commencement of the action? The district court, after first concluding that the Puerto Rico relation-back rule controlled the analysis, answ... More...   $0 (05-06-2009 - PR)

Dave Nicholls appeals from the trial court’s dismissal of his complaint under the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)1 against Holiday Panay Marina, L.P. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Respondent Holiday Panay Marina, L.P. operates a boat marina in Marina Del Rey, California. The marina is private, and only the marina’s tenants may us... More...   $0 (05-05-2009 - CA)

This suit involves claims of breach of contract and misrepresentation brought by two limited liability companies (“LLCs”), all owned an controlled by a single member, who also brings suit individually, against the seller and manufacturer of a piece of heavy equipment. The plaintiffs appeal from the grant of summary judgment in favor of the defendants.

In simplest terms, this suit is a c... More...   $0 (05-05-2009 - MO)

Nitro Distributing, Inc., West Palm Convention Services, Inc., Netco, Inc., Schmitz & Associates, Inc., and U-Can-II, Inc., (collectively, appellants), appeal from the district court’s1 grant of summary judgment to Alticor, Inc., Amway Corporation, and Quixtar, Inc., (collectively, Amway); dismissal of appellants’ Racketeer Influenced and Corrupt Organizations Act (RICO) claims; and various ad... More...   $0 (05-04-2009 - MO)

Somalian citizen Sahra Hussein petitions for review of an order of the Board
of Immigration Appeals (BIA), affirming an immigration judge’s (IJ’s) denial of
asylum, withholding of removal, and relief under the Convention Against Torture
(CAT). We deny the petition.

When an asylum decision is based on an adverse credibility finding, as it was
in this case, we generally ... More...   $0 (05-04-2009 - MO)

In this case, we must decide if our state statute limiting civil marriage to a union between a man and a woman violates the Iowa Constitution, as the district court ruled. On our review, we hold the Iowa marriage statute violates the equal protection clause of the Iowa Constitution. Therefore, we affirm the decision of the district court.

I. Background Facts and Proceedings.

This... More...   $0 (04-08-2009 - IA)

After their relative was killed in a motor vehicle accident on West Shore Road, the plaintiffs, James C. Lynch, Jr. and Patricia Lynch (collectively plaintiffs), co-administrators of the estate of Kevin Lynch (Lynch or decedent), filed the present action against the defendants, Spirit Rent-A-Car, Inc. (Spirit), and Alamo Rent-A-Car, LLC (Alamo) (collectively defendants),1 and alleged that the defe... More...   $0 (03-12-2009 - RI)

Canyon Ferry Road Baptist Church challenges certain provisions of Montana’s campaign finance law requiring reporting and disclosure of campaign contributions or expenditures. The Church challenges the statutory provisions both facially and as applied to its activities of de minimis economic effect in support of a 2004 state ballot initiative. Following an adverse administrative decision by the M... More...   $0 (03-03-2009 - MT)

The plaintiff, Tucker Estates Charlestown, LLC (plaintiff), appeals from a Superior Court judgment dismissing its complaint under Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. This case came before the Supreme Court for oral argument on February 2, 2009, based on an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be dec... More...   $0 (02-27-2009 - RI)

Ron Rusakiewicz and Paul Spera, the plaintiffs and appellants in this case, are or were members of the Veterans of Foreign Wars of the United States (VFW). They distributed fliers at the 2005 VFW convention in Salt Lake City accusing defendant-appellee John Lowe and other officers of the California Department of the organization of fraud in connection with the organization’s membership rolls. Mr... More...   $0 (02-24-2009 - UT)

Irene Clemente-Giron petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under Article 3 of the Convention Against Torture (“CAT”). For the reasons discussed below, we deny Clemente-Giron’s petition.

I. BACKGROUND

Clemente-Gi... More...   $0 (02-10-2009 - MO)