In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 actionâ€�) alleging that the City unlawfully retaliated agains... More...   $0 (09-22-2009 - CA)

The central issue in this case is whether, in the absence of a controlling decision by the U.S. Supreme Court and in the face of divided federal precedent, a Maryland court is bound to apply a contractual choice-of-law clause that has the effect of interpreting federal law in a manner inconsistent with a decision of the Court of Appeals of Maryland. We conclude that it would be contrary to the fun... More...   $0 (08-31-2009 - MD)

This 28th day of August 2009, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that:

1. Trisha and Robert Lamourine appeal from a Superior Court judgment denying their motion for pre-judgment interest and reducing their attorneys’ fees award in connection with their revocation of the purchase of a defective automobile. The Lamourines ent... More...   $0 (08-28-2009 - DE)

Appellant, Dale Dardeau, appeals a summary judgment granted in favor of appellees, West Orange-Cove Independent School District ("CISD" or "District"), Superintendent Dr. O. Taylor Collins (hereinafter "Collins"), Harry Barclay, Pete Amy, Nancy Byers, and Eric Mitchell (collectively "appellees"). We determine whether the trial court erred in granting appellees' motion for summary judgment on Darde... More...   $0 (07-30-2009 - TX)

Paul Sipe appeals the district court’s1 grant of summary judgment to Workhorse Custom Chassis, LLC (“Workhorse�) on Sipe’s claims that Workhorse violated Minnesota’s “lemon law� and the Magnuson-Moss Warranty Act (“MMWA�) by failing to repair his motor home. For the reasons discussed below, we affirm.

I. BACKGROUND

On September 18, 2004, Paul Sipe purchased a motor ... More...   $0 (07-18-2009 - MN)

Sergeant J. A. Wood appeals the district court’s denial of qualified immunity in this civil suit arising out of Wood’s warrantless entry into the plaintiffs’ home. Because the objective circumstances confronted by defendant on the night in question suggested that plaintiffs’ home was being vandalized and that a missing teenage girl was in the house and in need of assistance, the search was... More...   $0 (06-29-2009 - VA)

This case concerns numerous claims arising out of a contract between an investor and a builder for the construction and sale of a luxury home in Westport.

The investor has filed a multicount complaint for the return of his investment and for monetary damages because, although the home belatedly has been completed, bank foreclosures have left the property financially ‘‘under water.’â... More...   $0 (06-23-2009 - CT)

A shareholder of a publicly traded corporation filed a derivative action in California alleging breaches of fiduciary duty by corporate officers and directors. The international business, a fine jewelry company incorporated in the British Virgin Islands, has no other connection to that jurisdiction. The company employs 3000 people at its manufacturing facility in China. The majority of the company... More...   $0 (05-26-2009 - CA)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Sundai Balander is before the court a second time in this case. We previously affirmed the district courtâ€... More...   $0 (05-19-2009 - WY)

Metro Health Professionals, Inc. (“MHP�), appeals the trial court‟s grant of summary judgment to Chrysler, LLC. MHP raises one issue, which we revise and restate as whether the trial court erred by granting Chrysler‟s motion for summary judgment and denying MHP‟s motion for summary judgment. We reverse.

The relevant facts as designated by the parties follow. On October 10, 2006, ... More...   $0 (05-07-2009 - IN)

This dispute arises out of an alleged employment contract between Appellant Robert Gray and Respondents Tri-Way Construction Services, Inc., a Washington corporation; and Ray Allard, Kathy Peterson and Gary Peterson, as individuals (collectively Tri-Way). Gray appeals from the district court‘s order of summary judgment in favor of Tri-Way on his breach of contract, equitable estoppel, statutory... More...   $0 (04-27-2009 - ID)

¶1 Melissa Michelle Marsden, a/k/a Melissa Michelle Worley and John Jace Worley, defendants below, appeal from the judgment against them entered by the District Court of the Fourth Judicial District, Missoula County, the Hon. Douglas G. Harkin presiding. We affirm.

¶2 The Worleys present the following issues for review:

¶3 Issue One: Whether the District Court erred in finding... More...   $0 (04-21-2009 - mt)

The State of Oklahoma charged Phillip Hardin Norman first-degree manslaughter in violation of 21 O.S. 711, failure to pay taxes due the state in violation of 47 O.S. 1151(A)(5) in conjunction withe the death of Noel Moss, age 28, in a motorcycle accident on the 7th Street exit from the IDL in Downtown Tulsa. The Tulsa World's report about the cases stated:

"A Tulsa woman has died after a... More...   $0 (04-13-2009 - OK)

This is the second appeal in litigation between Plaintiffs/counterdefendants Frederick M. Haynes (Mr. Haynes) and Haynes Trane Service Agency (HaynesTSA) and Defendant/counterclaimant American Standard d/b/a Trane (Trane). For almost four decades Mr. Haynes operated a Denver-based franchise of Trane, a manufacturer of heating, ventilation, and air conditioning (HVAC) products. After receiving his ... More...   $0 (04-07-2009 - CO)

Martin, Secretary of the Illinois Department of Transportation (IDOT), under 42 U.S.C. § 1983, claiming that his substantive property right to employment had been violated. The district court granted Martin’s motion to dismiss holding that there was no property right present. On appeal, Rujawitz argues that a favorable procedural ruling converted his at-will status to tenure, establishing such ... More...   $0 (04-07-2009 - IL)

Tammy Dixson and The Mark Wallace Dixson Irrevocable Trust filed competing claims to the proceeds of a term life insurance policy insuring the life of Tammy‟s deceased husband, Mark Dixson. The insurance company, Banner Life Insurance Company (BLI), filed a complaint for interpleader asking the district court to resolve the competing claims. Tammy and the Trust subsequently filed cross-motions f... More...   $0 (04-03-2009 - ID)

This appeal arises from a contract for the sale of logs to be used in the construction of a cabin. Following a bench trial, the district court concluded that Appellant Dana McCandless breached the contract by failing to deliver the logs within a reasonable time and awarded damages and attorney fees to Respondent Brenda Borah. We affirm and award attorney fees on appeal.

I. FACTUAL AND PROCE... More...   $0 (04-02-2009 - ID)

In this case, we consider whether the district court properly dismissed a consumer class action pursuant to an arbitration agreement between T-Mobile and its customers. We hold that the agreement’s class action waiver is substantively unconscionable and therefore unenforceable under Oregon law. We also note that under the agreement the waiver is not severable. We reverse the district court’s o... More...   $0 (03-30-2009 - OR)

Plaintiff Ron Benit sued defendant Mercedes-Benz USA, LLC, under Ohio’s Lemon Law, alleging that his $116,000 Mercedes S55 AMG was a “lemon.â€� A jury found in favor of Mercedes. Benit appeals the district court’s exclusion of evidence of certain repairs made to his car, rulings regarding witness testimony, partial grant of Mercedes’s motion for judgment as a matter of law, and a jury inst... More...   $0 (03-25-2009 - OH)

This litigation has a long and complicated history. The eleven claimants (the “Plaintiffsâ€�) include Arthur and Glenda Creech, Darlene Reinier, Vicki Sue Jacobs, Joann Wolfe, Claude and Deborah Hatfield, Wayne and Alice Martin, and Brent and Marvin Chitwood, Jr., the latter two of whom were doing business as Triad Partners.1 Years ago, each of the Plaintiffs invested in an illfated real estate ... More...   $0 (03-20-2009 - TN)

Donald Oren (Oren) and Highway Sales, Inc. (Highway Sales) (collectively, plaintiffs), asserted claims against Blue Bird Corporation (Blue Bird) for (1) breach of express and implied warranties; (2) violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301-2312; (3) violation of Minnesota’s Lemon Law, Minn. Stat. § 325F.665; and (4) revocation of acceptance under Minn. Stat. § 336.2-608. ... More...   $0 (03-18-2009 - MN)

Plaintiffs and appellants Larry and Camille Calemine appeal from a summary judgment entered in favor of defendant and respondent Walter Samuelson (Samuelson).

The trial court ruled that Samuelson, the seller of a condominium purchased by appellants, met his burden to show the absence of a triable issue of fact concerning his disclosure of facts relating to water intrusion. We reverse. While... More...   $0 (02-17-2009 - CA)

Spectrum Worldwide, Inc. (“Spectrum Worldwideâ€�), Celebrity Products Direct, Inc. and Celebrity Products, Inc. (collectively “Celebrityâ€�), Spectrum Worldwide’s president Murray Moss (“Mossâ€�), CEO Lisa Tremain (“Tremainâ€�), and CFO Howard Schwartz (“Schwartzâ€�) (all of the defendants hereinafter referred to as “Spectrumâ€�) asks this court to determine whether the “first publ... More...   $0 (02-09-2009 - CA)

This appeal principally involves the relationship between two labor statutes—the Fair Labor Standards Act of 1938 and a 1996 statute related to compensation for postal inspectors, 39 U.S.C. § 1003(c). Robert Nigg, a postal inspector1 currently employed by the United States Postal Service (“the Postal Serviceâ€�) and Keith Lewis, a retired postal inspector, sued the Postal Service alleging tha... More...   $0 (02-09-2009 - CA)

Jolene Moss applied for disability insurance benefits after injuring her right ankle in a car accident. An administrative law judge (“ALJâ€�) concluded that Moss’s impairment is severe but not disabling. The Social Security Appeals Council declined to review the decision. Moss sought review in the district court, which upheld the Commissioner’s denial of benefits. Moss now appeals to this co... More...   $0 (02-05-2009 - IL)