¶1 The Apple Valley Recreational Club had its beginning in May of 1962. The Club maintained certain real estate which encompassed a large recreational lake developed by four tenants in common under the guidance of Robert Story, the defendant appellant, who initially held only an option to buy into the joint venture.

¶2 This initial agreement was terminated in September of 1964. In Novem

{¶ 1} Plaintiff-appellant Lisa M. Blair appeals from a decision of the Montgomery County Court of Common Pleas, General Division, sustaining defendant-appellee Vandalia United Methodist Church’s (hereinafter “VUMC”) motion for summary judgment. VUMC filed its motion for summary judgment on September 25, 2009. On May 5, 2010, the trial court filed a written decision sustaining said motion. B

{¶1} Defendant-appellee and cross-appellant, Board of County Commissioners of Clermont County, Ohio (County), appeals from the Clermont County Court of Common Pleas decision denying its motion for summary judgment seeking governmental immunity pursuant to R.C. Chapter 2744 in a lawsuit initiated by plaintiff appellant and cross-appellee, Laura M. Enzweiler.1 For the reasons outlined below, we rev

Appellant, the City of North Richland Hills (the City), brings this interlocutory appeal from the trial court’s denial of its plea to the jurisdiction in the lawsuit filed against it by Appellees Laura Friend, Individually and as Personal Representative of the Estate of Sarah Elizabeth Friend, Deceased, and Luther Friend, Individually (collectively, the Friends). The City contends in one issue

Karen Harris appeals the jury's verdict in favor of the University of South Carolina (the University) on her negligence claim for damages resulting from injuries she suffered in a fall on University property. Harris argues the trial court erred in (1) charging the jury on the Limitation on Liability of Landowners Act, commonly known as the Recreational Use Statute (the RUS)[1], (2) charging she c

"Under the doctrine of overbreadth, a statute violates the First Amendment it if prohibits a substantial amount of protected expression." PSINet, Inc. v. Chapman, 362 F.3d 227, 234 (4th Cir. 2004). Defendants appeal a permanent injunction prohibiting the enforcement of a Maryland statute due to its overbreadth. We conclude that the statute—which limits the range of permissible conduct, attire, a

Appellants Martha and Dennis Sullivan (the Sullivans) appeal the trial court’s order granting the City of Fort Worth’s (the City) plea to the jurisdiction. The City claimed governmental immunity from the Sullivans’ claims.

Background

One evening in 2007, the Sullivans attended their granddaughter’s wedding, which was held in the Japanese Garden (the Garden), part of the city

Steve Wanner (Wanner) was arrested on suspicion of driving under the influence and the results of his breath tests were over the legal limit. Based upon Wanner’s failure of this evidentiary test, the officer provided him a form captioned as “Notice of Suspension” (the Notice or Notice of Suspension) provided by the Idaho Department of Transportation (IDOT). Wanner then requested an administr

Plaintiff was severely injured while riding his snowmobile on defendant's land. Plaintiff appeals a judgment that dismissed his negligence action on summary judgment on alternative theories. First, the trial court concluded that defendant was immune from liability under ORS 105.682(1) because plaintiff's injuries arose out of his use of defendant's land for a recreational purpose. Second, the tria

In this First Amendment retaliation case, Richard Clairmont appeals the district court’s grant of summary judgment to Defendant Joni Wilson, the Manager of Probation Services at the Seattle Municipal Court. Before filing suit, Clairmont was employed as a domestic violence counselor for Sound Mental Health, a private company that provides domestic violence prevention treatment programs to crimina

Appellants, Someplace New, Inc., Donald Edward Young, Jr., and Carolyn Jane Young, challenge the dismissal of their second amended complaint, with prejudice, for failure to state a cause of action. The complaint alleged two counts. A s to count I, alleging fraudulent misrepresentation, we reverse. A s to count II, a claim alleging constructive fraud based on breach of fiduciary duty, we affirm wit

This appeal challenges the trial court‟s determination that the Department of Motor Vehicles (the DMV, or the Department) failed to meet its burden of proving plaintiff Derek Brenner was driving with a blood alcohol content of .08 or more when he was stopped by law enforcement officers. We find no error, and affirm.

BACKGROUND

I. Arrest and Blood Alcohol Tests

The relevant f

At issue today is the constitutionality of an ordinance that the Manatee County, Florida Board of County Commissioners (“the Board”) adopted to regulate sexually oriented businesses in Manatee County (“the County”). Peek-a-Boo Lounge of Bradenton, Inc. (“Peek-a-Boo”), an adult dancing establishment in Manatee County, along with two similar establishments, sued 1 the County claiming tha

Plaintiff Robert J. Triffin appeals from a November 5, 2009 order dismissing his complaint seeking to collect on a dishonored check originally issued by defendant Liccardi Ford, Inc. (Liccardi).1 Because the check was post-dated, and the check cashing service from which Triffin purchased it had made payment in violation of the Check Cashers Regulatory Act of 1993 (Act), N.J.S.A. 17:15A-30 to -52,

This diversity action arises out of a gambling debt Amine T. Nehme (“Nehme”) is claimed to owe Las Vegas Sands, LLC (the “Venetian”), on an unpaid casino “marker” in the amount of $499,000, plus interest.

A marker is a gambling credit instrument that allows a gambler to receive all or part of the credit line the casino has approved for him, based on the gambler’s prior credit

UHS of Delaware, Inc. (UHS) appeals from the judgment entered on a jury verdict of $2.4 million in favor of Mary Masters (Masters) on claims of service mark infringement under the Lanham Act and breach of contract. UHS contends that the district court1 erred in concluding that Masters was eligible for monetary relief under the Lanham Act and in upholding an award based on disgorgement of profits.

Uniloc USA, Inc. and Uniloc Singapore Private Lim-ited (collectively, “Uniloc”) appeal from the decision of the United States District Court for the District of Rhode Island granting Microsoft Corporation’s (“Microsoft”) motion for judgment as a matter of law (“JMOL”) of non-infringement and no willful infringement of asserted claims of Uniloc’s U.S. Patent No. 5,490,216 (“’216

This appeal presents the question whether a nurse‟s incident report to a hospital risk manager is covered by Iowa‟s statutory peer review privilege. See Iowa Code § 147.135 (2007). Because we conclude that it is not, at least where the evidence does not establish the report is in the hands of a peer review committee or an employee thereof, we affirm the decision below.

I. Factual and P

Plaintiffs – two New Jersey wine enthusiasts, a New Jersey couple who seeks access to more Kosher wines, and a California winery – have brought suit in the United States District Court for the District of New Jersey against Jerry Fischer, New Jersey’s Director of Alcoholic Beverage Control, alleging that several aspects of New Jersey’s Alcoholic Beverage Control Law (“ABC Law”) infring

Blizzard Entertainment, Inc. (“Blizzard”) is the creator of World of Warcraft (“WoW”), a popular multiplayer online role-playing game in which players interact in a virtual world while advancing through the game’s 70 levels. MDY Industries, LLC and its sole member Michael Donnelly (“Donnelly”) (sometimes referred to collectively as “MDY”) developed and sold Glider, a software pro

There is no simple remedy for the vast number of unsolicited emails, popularly known as “spam,” that fill our electronic inboxes daily. Even though federal and state legislatures have adopted various laws to combat this problem, “spammers” continue to find new ways to advertise.

Daniel Balsam, a victim of spam, seeks an alternative method of enforcement by bringing claims against

Civil Code section 1714, subdivision (c)1 provides broad immunity from civil liability for a social host who “furnishes alcoholic beverages to any person.” Under Business and Professions Code section 25602.1, the social host loses that immunity if he or she “sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor.”2 In this case of first impression, we hold

Allan Broughman operated a gun shop pursuant to a dealer’s license issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"). After performing a routine inspection of Broughman’s shop in 2006, ATF investigator Larry Carver issued a report of violations concluding, among other things, that in order to lawfully conduct his business Broughman needed to obtain a manufacturer’s li

This case involves a dispute over a real estate commission. Following a bench trial, the trial court rendered judgment in favor of the plaintiff, Maria Pena. Although multiple claims are advanced in this appeal, only one merits discussion. The defendant Richard T. Petano, executor of the estate of Joan C. Petano (decedent), contends that the court’s determination that the plaintiff was entitled

This appeal challenges the trial court‟s determination that the Department of Motor Vehicles (the DMV, or the Department) failed to meet its burden of proving plaintiff Derek Brenner was driving with a blood alcohol content of .08 or more when he was stopped by law enforcement officers. We find no error, and affirm.

BACKGROUND

I. Arrest and Blood Alcohol Tests

The rele