This case concerns alleged violations of local occupancy-tax laws by various online travel companies. Plaintiffs—cities, townships, and a county in the state of Ohio—sued various online travel companies, asserting that the online travel companies violated local tax laws by failing to pay a transient-occupancy tax on the difference between a contractually agreed-upon “wholesale” room rate, ... More...   $0 (09-11-2012 - OH)

This case presents an as-applied and a purported facial attack on the Massachusetts statutory and administrative scheme for revoking licenses for the carrying of firearms. The district court entered summary judgment dismissing the claims. Hightower v. City of Boston, 822 F. Supp. 2d 38, 65-66 (D. Mass. 2011).

Stacey Hightower is a former Boston Police officer who, during many of he... More...   $0 (09-09-2012 - MA)

Plaintiff, Brenda Linam sued Wal-Mart Stores, Inc. on a premises liability theory. The accident in which Plaintiff, Brenda Linam, slipped and fell on a puddle of water on September 11, 2009, at the Wal-Mart in Broken Arrow, Oklahoma.

Plaintiff filed the present action alleging negligence. No evidence exists to support Plaintiffs claim that WalMart’s actions were negligent, as the exis... More...   $1 (09-06-2012 - OK)

In this case, plaintiffs-appellees -- producers and owners of copyrighted television programming -- sued defendants-appellants ivi, Inc. ("ivi") and its Chief Executive Officer, Todd Weaver, for streaming plaintiffs' copyrighted television programming over the Internet live and without their consent. The district court granted a preliminary injunction for plaintiffs, holding that: (1) plaintiffs w... More...   $0 (08-29-2012 - NY)

In this interlocutory appeal,[1] appellant City of Haltom City (the City) appeals the trial court’s order denying its motion for summary judgment concerning the claims brought by appellees, whom we have listed above. In five issues, the City argues that the trial court does not have jurisdiction over appellees’ claims because the City’s immunity has not been waived. We reverse the trial c... More...   $0 (08-24-2012 - TX)

This appeal reads like a telenovela, a Spanish soap opera. It pits music celebrities, who make money by promoting themselves, against a gossip magazine, that makes money by publishing celebrity photographs, with a paparazzo, who apparently stole the disputed pictures, stuck in the middle.

Noelia Lorenzo Monge and Jorge Reynoso (“the couple”), Latin American celebrities, claim that Maya ... More...   $0 (08-15-2012 - CA)

In this premises-liability case, Natasha Williams argues that the trial court erred in granting a no-evidence summary judgment for Unilev Management Corp. Unilev managed the office building where Williams worked and was injured. Because Williams failed to present more than a scintilla of evidence that Unilev knew or should have known of the dangerous condition that injured her, we affirm the trial... More...   $0 (07-26-2012 - TX)

Plaintiffs, the Estate of Frieda M. Wilmes through its appointed fiduciary, Claudette Schenck, Robert K. Espel, and James C. Matacia (collectively “Plaintiffs”), on behalf of themselves and all other similarly-situated employees and retirees, appeal the district court’s order granting summary judgment to Defendants Anthem, Inc., Anthem Insurance Companies, Inc., Community Insurance Company, ... More...   $0 (07-26-2012 - OH)

Plaintiffs, the Estate of Frieda M. Wilmes through its appointed fiduciary, Claudette Schenck, Robert K. Espel, and James C. Matacia (collectively “Plaintiffs”), on behalf of themselves and all other similarly-situated employees and retirees, appeal the district court’s order granting summary judgment to Defendants Anthem, Inc., Anthem Insurance Companies, Inc., Community Insurance Company, ... More...   $0 (07-25-2012 - OH)

In 2010, the Georgia legislature, apparently concerned that the carrying of weapons and long g 1 uns2 would likely present an unreasonable risk of harm to people who assemble in eight specific locations, enacted a statute barring the unrestricted carrying of weapons or long guns in those locations. O.C.G.A. § 16- 11-127(b) (this provision is hereinafter referred to as the “Carry Law”).3 This ... More...   $0 (07-24-2012 - GA)

Borchardt Rifle Corporation (Borchardt) appeals the district court’s grant of summary judgment affirming the revocation of its federal firearms license. After an initial compliance inspection, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) granted Borchardt a license in 2002. The ATF conducted a second inspection in 2007 and detected numerous violations of the Gun Control Act, 18 ... More...   $0 (07-11-2012 - NM)

In 2010, Congress enacted the Patient Protection and Affordable CareAct in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision isthe individual mandate, which requires most Americans to maintain“minimum essential” health insurance coverage. 26 U. S. C. §5000A.For individuals who are not exempt, and who do not receive he... More...   $0 (06-28-2012 - GA)

Vehicle Code1 section 11710 requires a licensed motor vehicle retail dealer to procure and file a bond in the amount of $50,000. Any person who suffers a loss by reason of the dealer‟s fraud has a right of action against the dealer and the surety on the bond in an amount not to exceed the value of the vehicle purchased. (§ 11711, subd. (a).) Here, respondent Trenton Pierce made a section 11711 ... More...   $0 (06-22-2012 - CA)

COMES NOW the Plaintiff, Jeffery Ensign and for his causes of action against the Defendants PA. Hayes and G.C. Hayes and states as follows:

1. The Plaintiffs a resident of Cleveland County, Oklahoma.

2. The Defendants P.A. Hayes and G.C. Hayes’ home is located at 15339 Goldbeck Oklahoma City, 73165 Oklahoma in Cleveland County.

3. On or about July 16, 2009, Jeffery Ens... More...   $0 (06-07-2012 - OK)

¶1 The three issues presented on certiorari are1 whether the trial court: 1) properly allowed the State to prove two of the three factually alleged inappropriate acts in the grand jury's accusation for removal of an elected state official from office for wilful neglect of duty; 2) improperly modified the jury instructions regarding wilful neglect of duty; and 3) erred in denying the motion for a ... More...   $0 (06-05-2012 - OK)

California Pines Property Owners Association (the Association) appeals after the trial court resolved a dispute over water diversion rights in favor of defendant Robert Pedotti.

The Association owns land in the community of California Pines in Modoc County, California, including the land where Donovan Reservoir (Reservoir) and its dam are located. Pedotti owns the nearby 1,761-acre Diamond ... More...   $0 (05-24-2012 - CA)

Adela Otte and Donnie Scott (Appellants) appeal from the trial court’s judgment granting Dean A. Edwards, Sr., Dinnell Edwards and Dean Edwards, Jr.’s (collectively Respondents) Motion to Dismiss Count I of Appellants’ Petition for Wrongful Death. We affirm.

Factual and Procedural Background

Dinnell E. and Dean A. Edwards, Sr. are the parents of Dean A. Edwards, Jr. (Dean). In ... More...   $0 (05-22-2012 - MO)

The plaintiff’s appeal1 in this case presents this Court with an issue of first impression—does the driver of a motor vehicle, who is an adult but underage drinker, have a duty to protect third parties from the tortious conduct of an intoxicated individual he or she has agreed to transport, who is likewise an adult but underage drinker, by preventing that individual from subsequently operating... More...   $0 (05-10-2012 - RI)

Edward Marcus was injured during a softball game on a public field owned by the city of Newton (city). We consider the city's appeal, [FN1] which we transferred from the Appeals Court on our own motion, from the denial of its motion for summary judgment, based on the ground that it was immune from suit pursuant to the recreational use statute, G.L. c. 21, § 17C. The city argues that the judge err... More...   $0 (05-07-2012 - MA)

In general, a prevailing party may recover attorney‟s fees only when a statute or an agreement of the parties provides for fee shifting. (Santisas v. Goodin (1998) 17 Cal.4th 599, 606.) Labor Code section 218.5 requires the awarding of attorney‟s fees to the prevailing party “[i]n any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contribut... More...   $0 (04-30-2012 - cA)

McDonald‘s Corporation (McDonald‘s) and related parties appeal from orders granting a preliminary injunction to Syed Ali Husain and Khursheed Husain (the Husains) permitting the Husains to continue operating three McDonald‘s restaurants in Marin County pending completion of a trial in this action. We affirm the orders.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background<... More...   $0 (04-30-2012 - CA)

Appellant Michael Mitchell appeals from an order of the Fayette Circuit Court granting summary judgment in favor of Appellees, the University of Kentucky and several of its employees and entities (collectively "UK"), in a suit where Mitchell claimed UK terminated his employment in violation of public policy. We conclude that Mitchell's discharge was contrary to a fundamental and well-defined publi... More...   $0 (04-26-2012 - KY)

¶1 Plaintiffs appeal the superior court’s order granting judgment on the pleadings for Defendants. Concluding that the owner/operator of a motor vehicle has no duty to protect the public from the negligent driving of a car thief, we affirm the superior court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 On July 15, 2006, Robert M. Delci, IV, and his son, Robert M. Delci,... More...   $0 (04-19-2012 - AZ)

Appellant, Javier Alvarado, sued Lexington Insurance Company (“Lexington”) for breach of contract, breach of the duty of good faith and fair dealing, and violations of the Texas Insurance Code and the Deceptive Trade Practices Act (“DTPA”) after Lexington rejected Alvarado’s claim for property damage following Hurricane Ike. The trial court rendered summary judgment in favor of Lexingto... More...   $0 (04-19-2012 - TX)

This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts.

FACTUAL/PROCEDURAL BACKGROUND

Carl R. Aten, Jr., and his wife are the only member... More...   $0 (04-04-2012 - SC)