Philip M. Kleinsmith resides in Colorado but is licensed to practice law in Utah. A specialist in nonjudicial foreclosures, he challenges the constitutionality of a Utah statute that requires all attorneys who act as trustees of real-property trust deeds in Utah to “maintain[] a place within the state” to meet with trustors for certain enumerated purposes related to foreclosures. Utah Code Ann

In this appeal we consider whether a tort action, filed within the general three year statute of limitations, may proceed against the State of Maryland (“State”) when the State is made a party to the suit after the three-year filing deadline specified by the Maryland Tort Claims Act (“MTCA”). Kathy Ferguson, appellant, filed a tort action in the Circuit Court for Baltimore City against Sta

In the Circuit Court for Baltimore City, after a jury awarded $2,300,000 in noneconomic damages to Kelly Green,1 Petitioner, for injuries resulting from her exposure to lead-based paint, the Circuit Court entered the following ORDER: The jury in the above-captioned case on March 26, 2007, having entered verdict in the above-captioned case in favor of the Plaintiff, and said verdict being in excess

We consider in this appeal the scope and enforceability of exculpatory provisions in a form contract of a fitness club. In that non-negotiable agreement, the club disclaimed liability for "all injuries which may occur" as a result of, among other things, its member's "use of all amenities and equipment," his or her "participation in any activity," "the sudden and unforeseen malfunctioning

Defendants, City of East Orange, East Orange Board of Police Commissioners and East Orange Police Department, appeal from a final judgment awarding damages in the amount of $592,628 to plaintiff, Francis DeHerde, a retired East Orange police officer, for back salary and past and future pension benefits owed to him for alleged service as a de facto police sergeant or lieutenant, supervising the Tra

The single issue presented in the instant case is whether the civil courts of this Commonwealth have subject-matter jurisdiction over a tort suit alleging defamation and negligent infliction of emotional distress arising out of a parochial school’s expulsion of a student for allegedly bringing a weapon to school, and the school’s communication of the expulsion to the school community. Citing t

[¶1] William Picher appeals from a judgment of the Superior Court (Kennebec County, Marden, J.) granting a summary judgment to the Roman Catholic Bishop of Portland on its affirmative defense of charitable immunity. Picher argues that we should abrogate the doctrine of charitable immunity for acts of negligence associated with the sexual abuse of a minor, and that we should not extend the doctrin

Janet Murphy appeals the trial court's order dismissing with prejudice her complaint seeking a declaratory judgment against Bay Colony Property Owners Association ("Bay Colony"). Because the trial court improperly ruled on the final merits of Murphy's claim, we reverse the trial court's order and remand for further proceedings. In January 2003, James Waller entered into a settlement agreement with

This case arises out of Jerry Riggins’s termination from employment as a police sergeant in Louisville, Colorado. Riggins asserted federal civil rights claims against the City and several of its employees pursuant to 42 U.S.C. § 1983, contending he was discharged without adequate procedural safeguards after he suffered from a psychiatric episode that caused him to take administrative leave for

On August 22, 2003, two San Carlos Police Officers broke into Bruce Hopkins’ home. They did not have a warrant, nor did they have probable cause. All that they had was a statement from a third-party that Hopkins had been involved in an extremely minor traffic incident, an incident so minor that it did not cause as much as a scratch on either of the vehicles involved, and that he appeared to have

Plaintiff Joe D. Turner appeals an award of attorney fees to defendants Asset Allocation Advisors, Inc. (the company), Gregory E. Schultz, and Bruce D. Grenke (collectively defendants) made after Turner unsuccessfully sought declaratory and injunctive relief to forestall the arbitration of the dispute between the parties. He contends that it is too early to determine a prevailing party, and that a

The Unclaimed Property Law (UPL) (Code Civ. Proc., § 1500 et seq.)1 requires corporations to deliver to the state Controller a duplicate certificate of unclaimed corporate stock in specified circumstances. Section 1532, subdivision (d), provides that any “holder” of that unclaimed stock “shall be relieved from all liability of every kind to any person . . . for any losses or damages resulti

The controversy in this case stems from a lease between plaintiff, State Building Venture (SBV), and defendant, Maureen O'Donnell, as Acting Director of the Illinois Department of Central Management Services (CMS). CMS appeals from the circuit court's February 20, 2008, order denying its motion to dismiss count III of SBV's verified complaint and from the August 19, 2008, order granting SBV's moti

The City of Dripping Springs entered into agreements with two landowners in the City's extraterritorial jurisdiction, Cypress-Hays, L.P. and Mak Foster Ranch, L.P. The agreements contemplated the landowners' development of portions of their property for residential, commercial, and recreational use. The agreements were approved by the city council in public meetings during April 2001. Appellant S

Appellant, Cameron County, Texas (the "County"), brings this accelerated interlocutory appeal following the trial court's denial of its plea to the jurisdiction. By one issue, the County asserts that the trial court erred in denying its plea to the jurisdiction because it is immune from suits based on the doctrine of sovereign immunity. We reverse the trial court's order and render judgment dismis

This is an appeal from the denial of appellant City of Elsa's (the City) plea to the jurisdiction and the granting of summary judgment in favor of appellee Joel Homer Gonzalez. By three issues, the City contends that the trial court erred in denying its plea because Gonzalez failed to establish jurisdiction under the Texas Whistleblower Act, the Texas Public Information Act, (1) and the Texas Open

John Hudson (“Hudson”) was a partner at KPMG LLP from 1984 until 1999, practicing public accountancy in Texas. He did not, however, have the required Texas license to practice. It is alleged that KPMG LLP’s Texas license and registration were therefore improper; its participation in Texas’s publicaccountancy market, unlawful. It is further alleged that KPMG LLP managed to maintain its Texa

Dr. Royal Benson, a doctor specializing in obstetrics and gynecology, had his medical privileges terminated at the defendant hospital. He alleges that this occurred as a result of a malicious and unreasonable peer review. Benson sued the hospital and numerous individuals involved in the peer-review process. The district court granted summary judgment to all Defendants. For the reasons that follow,

This case involves the use of deadly force by police officers responding to a 911 call of a suicidal, armed man named John Garczynski (“Garczynski”). The Estate of Garczynski (“the Estate”) sued Sheriff Ric Bradshaw of the Palm Beach County Sheriff’s Office (“PBSO”) in his official capacity and several police officers in their individual capacities for violations of Garczynski’s Fo

As Justice Holmes once remarked, “pretty much all law consists in forbidding men to do some things that they want to do.” Adkins v. Children’s Hospital, 261 U.S. 525, 568, 43 S. Ct. 394, 405 (1923) (Holmes, J., dissenting). In this case the Randolph County Board of Registrars wanted to change the voting registration of Henry Cook, a member of the county’s board of education, which also wou

Monroe S. Harris appeals from a judgment of the United
22 States District Court for the Southern District of New York
23 (Victor Marrero, Judge). Harris was formerly licensed by the
24 state of New York as a doctor of osteopathic medicine; his
25 medical license was revoked because he was found to have
26 committed fraud and engaged in improper medical practices. At
27 issu

Philip M. Kleinsmith resides in Colorado but is licensed to practice law in Utah. A specialist in nonjudicial foreclosures, he challenges the constitutionality of a Utah statute that requires all attorneys who act as trustees of real-property trust deeds in Utah to “maintain[] a place within the state” to meet with trustors for certain enumerated purposes related to foreclosures. Utah Code Ann

¶1 Bowen Machine & Fabricating, Inc., doing business as Bowen Industrial Contractors, Inc., (“Bowen”) appeals from the trial court’s grant of partial summary judgment to James and Sherry Tarron on the issue of vicarious liability and the subsequent judgment after a jury trial finding Bowen 60% liable for the Tarrons’ damages. For the foregoing reasons, we reverse and remand.

Facts

The question posed by this appeal is: Can an internet Web server such as MySpace Incorporated, be held liable when a minor is sexually assaulted by an adult she met on its Web site? The answer hinges on our interpretation of section 230 of the Communications Decency Act.1 We hold section 230 immunizes MySpace from liability.

FACTS AND PROCEDURAL POSTURE

This appeal consolidates four

Real party in interest David Williams is a qualified medical marijuana patient who uses marijuana upon the recommendation of his physician. Williams belonged to a seven-member collective of medical marijuana patients who agreed to contribute comparable amounts of money, property, and labor to the collective cultivation of marijuana; each then would receive an approximately equal share of the marij