Although the primary issue raised in this appeal is a rather straight-forward application of the principle of accord and satisfaction, the cross appeal raises an interesting jurisdictional question regarding whether a challenge to a post-judgment order denying attorney fees may be raised as part of a cross appeal from the original judgment itself. We hold that where the cross appeal from the origi

The appellant, Brad Johnson, filed this suit against Horry County, South Carolina and employees in the County Auditor’s Office, including: Janet Brown, an administrative assistant, M. Lois Eargle, the county auditor, and Tim Christopher, an administrative assistant. Johnson also sued Paul Abajian, an Horry County police officer. Johnson filed suit against Eargle, Brown, Johnson and Officer Abaji

Appellant, Frank Nardo (Nardo) sued the City of Philadelphia, (City) for back injuries he sustained while working at a City owned golf course, while he was digging in a flower bed. At the time of Nardo’s injury, Nardo was employed by the then current management company which operated and maintained the various golf courses owned by the City. Nardo filed suit for damages for personal injuries in

Plaintiff–Appellant Daniel F. Rhodes sued Defendants–Appellees Tibor Prince, William Harris, James F. Roach, III, Gary Krohn, and Jerry D. Carroll (collectively, “Defendants”) under 42 U.S.C. § 1983, alleging that Defendants violated his Fourth Amendment right to be free from false arrest. The district court dismissed the action after finding that Rhodes failed to allege an arrest under t

Britton Lynn Kannady1 sought employment as a police officer in the Cities of Krebs and McAlester after he left his job as an officer for the City of Kiowa.

Both Krebs and McAlester refused to hire Mr. Kannady because of the statutory age limits governing the Oklahoma Police Pension and Retirement System (OPPRS). Mr. Kannady sued Krebs and McAlester, alleging violations of the Age Discrimi

[¶1] Mark Tibert, Melvin Tibert, Suzi Tibert, and William "Bill" Tibert ("Tiberts") appealed from a district court judgment entered after a jury verdict in favor of Minto Grain, LLC, William Slominski, and Katherine Slominski (collectively "Minto Grain") and against Tiberts jointly and severally in the amount of $455,000. Judgment against William "Bill" Tibert was limited to $305,000. We conclude

C.N., by and through her mother, J.N., appeals the dismissal of various federal claims against Willmar Public Schools, Independent School District No. 347 (the District), several officials affiliated with the District and her former special education teacher Lisa Van Der Heiden. We affirm.

I. BACKGROUND

When this action commenced, C.N., a special education student, attended fourth gr

Plaintiff, Richard Doria, appeals the circuit court's order granting summary judgment in favor of defendant, the Village of Downers Grove, on plaintiff's complaint seeking to hold defendant liable for the allegedly defective condition of the convergence of a gravel area and roadway on which plaintiff fell. On appeal, plaintiff argues that the trial court allowed defendant to introduce a defective

Defendant, the City of Chicago (City), appeals from a jury verdict awarding plaintiffs, Christopher Ries and Michael Martinez, damages in the amount of $4,052,572 and $159,069 respectively, for injuries they sustained when a police car, driven by Demario Lowe, struck the car in which the plaintiffs were driving. Immediately before the accident, Lowe had stolen the police car after being detained i

We have consolidated for decision two cases presenting the recurring issue of the rights of religious organizations to avoid having to comply with local land-use regulations. Analysis requires threading our way through a maze of statutory and constitutional provisions and we begin there, which is to say with the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§

Jimmy Bivens, an officer in the Illinois State Police (“ISP”), discovered that he had elevated levels of lead in his blood due to lead contamination at the indoor firing range where he was stationed.

He complained to his superiors, both directly and through a union grievance, about the safety of the working conditions. The firing range was immediately analyzed and closed for environment

Plaintiff appeals by right the trial court’s grant of summary disposition in favor of defendants. We affirm.

In September 2005, plaintiff was driving a vehicle northbound on Harper Avenue, at an intersection with a highway entrance ramp, when defendant Hill, driving a bus owned by defendant SMART Bus, Inc. (SMART), turned left in front of her vehicle, causing a collision. Plaintiff sued d

Appellants/cross-appellees Mayor and City Council of Baltimore (collectively “the City”), challenge the entry of judgment by the Circuit Court for Baltimore City after a jury verdict in favor of appellee/cross-appellant Zvi Guttman, trustee in bankruptcy for Ms. Deborah Mullins (“Ms. Mullins”), who brought a 42 U.S.C. § 1983 claim against the City alleging that she was fired for engaging

This is a charitable immunity case. At issue is whether Keith Orzech, a twenty-one year old student and resident advisor (RA) at Fairleigh Dickinson University (FDU), who accidentally fell to his death from his fourth floor dormitory window, was a beneficiary of the school's charitable works at the time of the accident. Because Orzech's fall was alcohol-related and came in the aftermath of Orzech'

Defendant-appellant Sherilyn Butler appeals the district court’s interlocutory orders denying her summary judgment on grounds of qualified immunity from suit under 42 U.S.C. § 1983 and Eleventh Amendment immunity from suit under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131 et seq., and denying her summary judgment on plaintiff-appellee Ned

1

Mingus’s Fourt

Plaintiff Vanessa Arnold and Sergeant Harold Curtis were involved in an altercation at a Provo, Utah, movie theater. Under Arnold’s version of the facts, Curtis—seeking to prevent Arnold from interfering with an arrest—displayed his police badge, grabbed Arnold, and threw her down a flight of stairs. Arnold brought suit under 42 U.S.C. § 1983, claiming Curtis’s assault violated her consti

Consumeraffairs.com, Incorporated ("Consumeraffairs. com") operates a website that allows consumers to comment on the quality of businesses, goods, and services. The present suit concerns various posts on this website relating to automobiles sold or serviced by Nemet Chevrolet, Ltd. ("Nemet").

Viewing certain of these postings as false and harmful to its reputation, Nemet brought suit aga

Jonathan C. Phillips, (Appellant), by Mari B. Phillips, (Phillips) his attorney in fact, appeals from an order of the Court of Common Pleas of Washington County (trial court) which, on September 19, 2008, granted the motions for summary judgment filed by Washington County Transportation Authority (WCTA), Southwestern Pennsylvania Area Agency on Aging, Inc. (SPAAA), Rubin Sabatine (Sabatine), and W

Archer Hain (Hain) appeals from orders of the Court of Common Pleas of Berks County (trial court) granting summary judgment to the Borough of West Reading (Borough), West Reading Fire Company No. 1 (Fire Company), Gigliotti Iron Works, Inc. (Gigliotti), Stirling Engineering & Construction, Inc. (Stirling) and Envirotech & Associates, Inc. (Envirotech) in connection with a negligence lawsuit filed

We granted allowance of appeal in this case to determine whether the Commonwealth Court erred by reversing the trial court and concluding that it should have permitted the Appellees, Linda and William Piehl (hereinafter “Piehls”), plaintiffs below, to amend the caption to their complaint alleging negligence against the City of Philadelphia and the Commonwealth of Pennsylvania after the statute

The Society for the Prevention of Cruelty to Animals of Pennsylvania (SPCA) seized abused dogs from appellee, which it subsequently euthanized. Appellee sued, claiming civil rights violations, negligence, and conversion; a Philadelphia jury returned a verdict in her favor.

The SPCA appealed, arguing it was immune from suit pursuant to the Sovereign Immunity Act,1 or in the alternative, the

After a West Virginia State Police officer shot and killed a fugitive while he was holding a hostage, the deceased’s mother, Carol Pethtel, brought this action against the State Police and several individual officers. Ms. Pethtel asserts that the officers employed unconstitutionally excessive force and seeks money damages pursuant to 42 U.S.C. § 1983 (2006) and state law. The district court gra

Plaintiffs-Appellants Bertha and Jade Gonzales appeal from the district court’s judgment on a jury verdict in favor of Defendants-Appellees police officers, William Duran, Steve Hall, Richard Dilley, and Mary Kendrick, and the City of Albuquerque. Plaintiffs maintain that the district court1 improperly submitted the issue of qualified immunity (for the defendant police officers) to the jury. Our

Early one morning in the summer of 2005, Officer Brian McPherson deployed his taser against Carl Bryan during a traffic stop for a seatbelt infraction. Bryan filed this action under 42 U.S.C. § 1983, asserting excessive force in violation of the Fourth Amendment. Officer McPherson appeals the denial of his motion for summary judgment based on qualified immunity. We affirm the district court becau

Richard Phillips filed a 42 U.S.C. § 1983 action against John Dale, alleging that Mr. Dale terminated his employment in violation of his First Amendment right to free speech.1 Mr. Dale moved for summary judgment on the merits of Mr. Phillips’ claim, arguing that Mr. Phillips could not meet his burden of establishing a prima facie case of retaliation for exercising his First Amendment rights. Al