Hague Convention Law
 
Herbert Freeman, Jr. v. United States of America

We are asked whether the discretionary function exception of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5148, bars a suit based on the federal government’s handling of relief efforts in the aftermath of Hurricane Katrina. Plaintiffs allege that the federal government’s violations of various provisions of the National Response Plan render the United States... More...   $0 (01-22-2009 - LA)

Estate of Marion Landers v. Michael O. Leavitt

14 In this case — a dispute about how to count to three — the plaintiffs-
15 appellants are Medicare beneficiaries who appeal from a grant of summary
16 judgment of the United States District Court for the District of Connecticut
17 (Hall, J.). Each of them spent at least three days in the hospital but was
18 discharged less than three days after having been formally admitted, ... More...
   $0 (01-16-2009 - CT)

Doe 1, Doe 2, and Kasadore Ramkisson, et al. v. AOL, Inc.

On July 31, 2006, AOL LLC (formerly America Online, Inc.) made publicly available the internet search records of more than 650,000 of its members. The records contained personal and sometimes embarrassing information about the members. Plaintiffs, members of AOL, brought an action in federal district court in California on behalf of themselves and a putative nationwide class of AOL members, allegi... More...   $0 (01-16-2009 - )

Hale v. Wellpinit Sch. Dist. No. 49

Until 2007, the Washington Law Against Discrimination (WLAD), chapter 49.60 RCW, contained no definition of the term "disability." In 2006, this court found that the meaning of "disability" as used in the WLAD was consistent with the definition found in the federal Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12209 (ADA). McClarty v. Totem Elec., 157 Wn.2d 214, 137 P.3d 844... More...   $0 (01-15-2009 - WA)

Irwin Seating Company v. International Business Machine Corporation and J.D. Edwards World Solutions Company

In 1999, Irwin Seating Company (Irwin) attempted to implement a new computer system that it had purchased from International Business Machines Corporation (IBM), J.D. Edwards World Solutions Company (Edwards), and SynQuest, Inc. (SynQuest). After the project failed, Irwin filed a complaint seeking damages from the three technology companies based upon various contract, warranty, tort, and statutor... More...   $0 (01-06-2009 - MI)

Episcopal Church Cases

In this case, a local church has disaffiliated itself from a larger, general church with which it had been affiliated. Both the local church and the general church claim ownership of the local church building and the property on which the building stands. The parties have asked the courts of this state to resolve this dispute. When secular courts are asked to resolve an internal church dispute ove... More...   $0 (01-06-2009 - CA)

EEOC v. Southwestern Bell Telephone

The Equal Employment Opportunity Commission (“EEOC”) filed suit against Southwestern Bell Telephone, L.P., doing business as AT&T Southwest and SBC Communications (“AT&T”), for terminating the employment of Jose Gonzalez and Glenn Owen in violation of Title VII. AT&T filed a motion for summary judgment, which the district court1 denied. After the EEOC presented its evidence at trial, AT&T ... More...   $0 (12-19-2008 - AR)

Seattle Affiliate of the October 22nd Coalition to Stop Police Brutality v. City of Seattle, et al.

We are presented with a conflict between those who wish to conduct a parade on Seattle’s city streets — a forum historically preferred by people who want to demonstrate their messages of honor, celebration or, as in this case, protest — and the city’s interests in traffic safety. The City of Seattle by ordinance gives its police chief, when issuing a parade permit, the discretion to requir... More...   $0 (12-16-2008 - WA)

John Cullen v. Lincoln Town Council, et al.

This case came before the Supreme Court on October 31, 2008, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing arguments of counsel and examining the memoranda submitted by the parties, we are of the opinion that cause has not been shown, and we shall decide this appeal without further briefing an... More...   $0 (12-05-2008 - RI)

Alexis Giraldo v. California Depart of Corrections and Rehabilitation, et al.

Plaintiff’s appeal presents two questions never before decided in California:

(1) whether the relationship between jailer and prisoner is a special relationship giving rise to a duty of care to the prisoner; and (2) whether there is a private right of action for damages for violation of the cruel or unusual punishment clause of the state Constitution, article I, section 17. We answer yes ... More...
   $0 (11-14-2008 - CA)

1800 Ocotillo, Inc. v. The WLB Group, Inc.

¶ 1 This case involves a contract providing that a surveyor’s liability to its client for negligently performing work may not exceed the surveyor’s fees. We hold that the liability-limitation clause is neither contrary to public policy nor subject to Arizona’s constitutional requirement that the defense of assumption of risk always be submitted to a jury.

FACTS AND PROCEDURAL HISTORY... More...
   $0 (11-12-2008 - AZ)

Donald Sullivan; Deanna Evich; Richard Burkow v. Oracle Corporation; Oracle University

Oracle Corporation (“Oracle”), a large software company, has employed hundreds of workers to train Oracle customers in the use of its software. During the period relevant to this suit, Oracle classified these workers as teachers who were not entitled to compensation for overtime work under either federal or California law. Three nonresidents of California brought a would-be class action agains... More...   $0 (11-07-2008 - CA)

Michael Rogers, et al. v. Royal Caribbean Cruise Line; M/V Monarch of the Seas

Michael Rogers and Hulya Kar appeal the district court’s order granting their employer’s motion to compel arbitration. They argue that federal statutes exempt their employment contracts from the scope of Title 9 of the United States Code. We conclude that their employment contracts are “considered as commercial” under Title 9. Therefore, we hold that the arbitration provisions contained in... More...   $0 (11-07-2008 - CA)

Jack Bell,e t al. v. DaimlerChrysler Corp.

Pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a), the plaintiffs-appellants brought suit in the district court alleging that defendant-appellee DaimlerChrysler Corporation (“Chrysler”) breached its contractual obligations to certain workers laid off in the late 1970s and early 1980s by failing to recall these workers for job openings at Chrysler’s plants in ... More...   $0 (10-29-2008 - IN)

Episcopal Diocese of Rochester, et al. v. Rev. David Harnish, & c, et al.

The question before this Court is whether defendant All Saints Protestant Episcopal Church (“All Saints,” or "the parish") held its real and personal property in trust for the benefit of plaintiff Episcopal Diocese of Rochester (“Rochester Diocese”) and nonparty Protestant Episcopal Church of the United States of America (“National Church”), such that upon the parish's separation from ... More...   $0 (10-27-2008 - NY)

Due South, Inc. dba Southern X-posure v. Department of Alcoholic Beverage Control

¶1 Following two incidents in 2002, the Department of Alcoholic Beverage Control (the “DABC”) found Due South, Inc. (“Due South”) liable for three statutory violations of the Alcoholic Beverage Control Act. Due South appeals. Challenging, among other issues, the definition of “intoxication” as applied to Utah Code section 32A-12-216 (2001) by the DABC Commission (the “Commission”)... More...   $0 (10-10-2008 - UT)

Due South, Inc. dba Southern X-posure v. Department of Alcoholic Beverage Control

¶1 Following two incidents in 2002, the Department of Alcoholic Beverage Control (the “DABC”) found Due South, Inc. (“Due South”) liable for three statutory violations of the Alcoholic Beverage Control Act. Due South appeals. Challenging, among other issues, the definition of “intoxication” as applied to Utah Code section 32A-12-216 (2001) by the DABC Commission (the “Commission”)... More...   $0 (10-10-2008 - UT)

Rhino Metals, Inc. v. Howard Craft and H&S Hunting

This is an appeal from an order dismissing the action for lack of personal jurisdiction. We hold that the defendants made a general appearance by filing a motion to strike the plaintiff’s amended complaint, and therefore vacate the judgment dismissing this action.

I. FACTS AND PROCEDURAL HISTORY

Howard Craft (Craft) is co-owner of H&S Hunting, a store located in Elizabethton, Tenne... More...
   $0 (09-24-2008 - ID)

Charles Allen and Lisa Allen v. Bloomfield Hills School District

In this suit alleging negligent operation of a governmentally owned and operated school bus, plaintiffs appeal by right the trial court’s order granting defendant’s motion for summary disposition under MCR 2.116(C)(7) based on governmental immunity because he had not suffered a “bodily injury.” We agree with the trial court that a plaintiff seeking to avoid governmental tort immunity throu... More...   $0 (09-23-2008 - MI)

Maria Del Socorro Herrera Hernandez v. Ford Motor Company

This product liability action arises from an October 5, 2002 rollover automobile accident in Tabasco, Mexico, involving a 1996 Ford Explorer. Plaintiff Maria Hernandez’s husband was fatally injured in the accident. The trial court denied defendant Ford Motor Company’s (Ford) motion to dismiss based on forum non conveniens. Ford filed an interlocutory application for leave to appeal that order,... More...   $0 (09-16-2008 - MI)

EraGen Biosciences, Inc. v. Nucleic Acids Licensing LLC and Steven A. Benner

Litigation can sometimes take on a life of its own, propelling the parties into maneuvers and rhetorical flourishes that might not have been undertaken in more placid times. This case seems to be a cautionary tale for how the pressures of litigation can overtake parties like Hokusai’s wave swamping the boats (“The Great Wave Off Kanagawa,” ca. 1831, Katsushika Hokusai (1760-1849)).

... More...
   $0 (09-02-2008 - WI)

Michael A. Lombardo v. Commonwealth of Pennsylvania, et al.

This case requires the Court to consider the contours of state sovereign immunity and under what circumstances such immunity may be waived.

Alleging violations of both federal and state antidiscrimination laws, Michael A. Lombardo (Lombardo) filed an employment discrimination complaint in the Court of Common Pleas of Luzerne County against the Commonwealth of Pennsylvania’s Department of ... More...
   $0 (08-26-2008 - PA)

Maher Arar v. John Ashcroft, etc., et al.

On September 26, 2002, plaintiff-appellant Maher Arar, a dual citizen of Syria and Canada, and
the subject of a U.S. government “lookout,” J.A. 88, was detained by U.S. authorities at John F.
Kennedy International airport in New York City (“JFK Airport”) while en route from Tunisia to
Montreal. On October 7, 2002, J. Scott Blackman, then the U.S. Immigration and Naturalization<... More...
   $0 (08-03-2008 - NY)

Elizabeth Willis, et al. v. Maurice Omar, et al.

This case came before the Supreme Court on March 10, 2008, on appeal by the plaintiff, Elizabeth Willis, individually, and as mother and natural guardian of Brianna Mari Serapiglia (plaintiff),1 from a Superior Court judgment in favor of the defendants, Maurice Omar (Maurice) and Barbara Omar (Barbara and collectively defendants or Omars). The plaintiff has appealed to this Court, arguing that the... More...   $0 (07-22-2008 - RI)

Lynn Faas v. Sears, Roebuck & Co.

Lynn Faas worked as a store general manager for Sears, Roebuck & Co. (“Sears”) until she was fired in September 2004. One year later, Faas filed suit against Sears, claiming that Sears wrongfully terminated her employment in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Following discovery, the district court granted summary judgment to Sears, which cla... More...   $0 (07-17-2008 - IL)

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