A noncustodial parent, with joint legal custody of the children, seeks to obtain the mental health records of her children. The district court denied the parent’s request to require the mental health provider to release the records. We hold when a noncustodial parent makes a request and the provider raises an objection to the release of information, a court must apply the best-interest-of-the-ch... More...   $0 (04-21-2009 - IA)

The plaintiffs, Paul Moraski and Colonial Funeral Home (Colonial), appeal from the trial court’s judgment dismissing their appeal from the decisions of the defendant, the state board of examiners of embalmers and funeral directors (board), suspending and thereafter revoking Moraski’s embalmer’s license and Colonial’s funeral home inspection certificate (certificate) and imposing a $50,000 ... More...   $0 (04-16-2009 - CT)

¶1 Jack McLeod appeals from the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of defendants Sue Hoell and the State of Montana on McLeod’s libel, slander, and malicious prosecution claims. We affirm.

BACKGROUND

¶2 McLeod is a certified real estate appraiser. He owns McLeod Realty in Butte, Montana, and is frequently hir... More...   $0 (04-14-2009 - MT)

Dream Games of Arizona (“Dream Games”) prevailed in its lawsuit against PC Onsite for copyright infringement of “Fast Action Bingo,” an electronic video bingo game, and was awarded statutory damages. We must decide whether (1) the district court properly allowed the jury to see unprotectable elements of the game without identifying the protectable elements; (2) the jury should have been al... More...   $0 (04-04-2009 - AZ)

A restaurant business licensed to sell alcoholic beverages had no legal duty to take affirmative precautionary measurers to prevent an intoxicated patron from operating a motor vehicle after the patron was served his final drink or to prevent an intoxicated patron from consuming alcoholic beverages on its premises after it knew he was intoxicated, and the licensed business thus could not be held l... More...   $0 (03-24-2009 - NC)

Tulsa, OK - Opal Lorene Tavernier and Tom Travenier sued Nisha Inn, Inc. d/b/a Best Western Airport on premises liability and loss of consortium theories claiming that they were injured and/or damaged in a trip and fall accident suffered by Mrs. Tavernier while she was a guest at the Defendant's motel.

Oklahoma Premises Liability Law by... More...   $0 (02-21-2009 - OK)

The plaintiffs are four taxicab companies and the five individuals who own those companies. All four companies operate in the City of Cleveland (the "City"). In this action, the plaintiffs challenge a determination by the City to award to other cab companies the exclusive right to use the outbound queue at the Cleveland Hopkins International Airport ("Hopkins"). The district court granted a prelim... More...   $0 (02-12-2009 - OH)

This case requires the court to decide whether federal law preempts an order of the Arkansas State Highway Commission (Commission) forcing Burlington Northern Sante Fe Railway Company (BNSF) to reopen a private “at-grade” railroad crossing.1 We hold that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts the Commission’s jurisdiction in this instance; therefore, we v... More...   $0 (01-30-2009 - AR)

This is an appeal from the granting of a summary judgment in favor of the defendant in litigation arising out of a contract dispute. Because appellee, Thomas A. Moorehead, Inc. d/b/a/ BMW of Sterling, failed to meet its summary judgment burden, we reverse and remand to the trial court for further proceedings in accordance with this opinion.



Factual and procedural background
More...   $0 (01-20-2009 - TX)

Defendants 239 Broad Avenue, L.L.C. (Broad), 12 Brinkerhoff, L.L.C. (Brinkerhoff), Golden Eagle Diner, Inc. (Golden Eagle), and Golden G, Inc. (Golden G) appeal from a judgment entered by the Chancery Division on March 9, 2007. Plaintiff Nicholas Kalogeras and intervenors Myinho Hahn (Hahn) and Golden Eagle Management, L.L.C. (GEM) cross-appeal from the judgment. For the reasons that follo... More...   $0 (01-20-2009 - NJ)

Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi... More...   $0 (01-13-2009 - WV)

Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi... More...   $0 (01-12-2009 - va)

Appellant Melinda Birke (Birke), through her father and guardian ad litem John Birke, filed suit against Oakwood Worldwide (Oakwood) alleging a nuisance cause of action arising out of the failure of Oakwood to limit secondhand smoke in the outdoor common areas of the residential apartment complex where the Birke family resided. The trial court sustained Oakwood’s demurrer to the first amended co... More...   $0 (01-12-2009 - CA)

This is an appeal from an order granting a plea to the jurisdiction in favor of appellees, Cameron County and Cameron County Irrigation District No. 2 ("the County"). By three issues, appellants, Maria Rodriguez, individually and as representative of the estate of Saul Villafranco, and Ramiro Rios, individually and as representative of the estate of Eliseo Rios ("collectively Rodriguez") raise th... More...   $0 (01-08-2009 - TX)

This appeal concerns the personal jurisdiction of a U.S. district court over a Taiwanese company in a suit for declaratory judgment of non-infringement and invalidity of two U.S. patents owned by that Taiwanese company. Because the plaintiffs failed to allege that the Taiwanese company purposefully directed any activities beyond merely sending notice letters at residents of the forum and that the ... More...   $0 (12-19-2008 - AL)

In this appeal from the Circuit Court of Monongalia County, we are asked to review an order granting summary judgment in an action seeking to reform a deed and seeking monetary damages.

As set forth below, we affirm the circuit court's summary judgment order.

I.

On August 29, 2003, appellee Terra Firma Company was incorporated by coal company Consol En... More...   $0 (12-12-2008 - WV)

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb... More...   $0 (11-28-2008 - NH)

Charlene Carter appeals the trial court’s dismissal order, rendered on its granting of the City of Galveston’s jurisdictional plea. Carter contends that the trial court erred in granting Galveston’s plea because a premises defect on property owned by Galveston caused Carter’s injuries, a claim from which Galveston is not immune. Carter further contends that the trial court improperly consi... More...   $0 (11-20-2008 - TX)

Plaintiff American Association of Orthodontists (AAO) sued Defendant Yellow Book USA, Inc. (Yellow Book) for unfair competition for Yellow Book's listing of general dentists as orthodontists in its “yellow pages” directories. AAO claims the listing lacks a statutorily required disclaimer that the general dentists are deficient in specialized training and certification as orthodontists. The Cir... More...   $0 (11-19-2008 - MO)

Petitioner, a licensed real estate salesperson, seeks judicial review of a final order of the Real Estate Commissioner (the commissioner) reprimanding her for violating ORS 696.301(1) and ORS 696.805(2)(c) during her representation of a seller in a real estate transaction.(1) The commissioner concluded that two separate violations occurred when petitioner, as the selling agent, failed to disclose... More...   $0 (11-05-2008 - OR)

This is a patent infringement case. Floyd M. Minks (“Minks”) appeals from a final judgment that Polaris Industries (“Polaris”) willfully infringed claim 2 of U.S. Patent No. 4,664,080 (“the ’080 patent”).1 After a jury trial, the district court reduced the jury’s damages award from $1,294,620.91 to $55,809.60 (after doubling) and awarded attorney fees of $117,316.50, about half the... More...   $0 (10-17-2008 - FL)

¶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)

¶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)

Vineland Fireworks Co., Inc. (“Vineland”) appeals the decision of the Acting Director (“Director”) of the Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) to revoke its license to manufacture fireworks and to deny its application for the renewal of its license to import fireworks. The Director found that Vineland’s failure to keep records of its daily summary of magazine tra... More...   $0 (10-10-2008 - PA)

15 Immunotherapy, Inc. and its successor in interest, Vacold LLC (together,
16 “Immunotherapy”), appeal from a judgment of the United States District Court
17 for the Southern District of New York (Richard M. Berman, J.) in favor of
18 Immunotherapy’s former business partner, Cerami Consulting Corporation
19 (“CCC”) and its affiliates, Anthony Cerami, Carla Cerami, and VL... More...   $0 (10-02-2008 - NY)