¶1 Defendants/Appellants City of Cottonwood and certain elected officials (collectively, the “Cityâ€�) appeal from a judgment awarding Tom Mulcaire Contracting, LLC, fees under Arizona Revised Statutes (“A.R.S.â€�) section 12-2030 (2003), a statute that requires a court to award attorneys’ fees to a prevailing party in a mandamus action. The issue presented in this appeal is whether a party... More...   $0 (07-26-2011 - AZ)

Alexander & Lindsey, LLC, (Alexander) appeals the circuit court's judgment that upheld the decision of the County Commission of Platte County, Missouri,1 denying approval of Alexander's preliminary plat for a subdivision known as Beverly Plaza. Alexander contends that, because the preliminary plat met all of the requirements of Platte County's Subdivision 1Alexander filed a Verified Petition for M... More...   $0 (08-16-2011 - MO)

[¶1.] Matt Onnen was terminated from an administrative position at Southeast Technical Institute (STI), an entity of the Sioux Falls School District. He appealed the decision, arguing that it was arbitrary and capricious and an abuse of discretion. The trial court, Judge William J. Srstka, Jr., affirmed the decision to terminate. Onnen appeals Judge Srstka’s determination. Onnen also alleges th... More...   $0 (08-03-2011 - SD)

Plaintiff Chelsey Brown (Brown) seeks a writ of mandamus compelling defendants Phillip Crandall, as Director of the Humboldt County Department of Health and Human Services, and the Humboldt County Board of Supervisors (collectively, the County) to offer medical coverage to her and other indigent residents deemed ineligible for the County Medical Services Program (CMSP), in accordance with the Coun... More...   $0 (08-08-2011 - CA)

¶1 In this case we decide whether Plaintiff/Appellee Irene Stephanie Thompson is required to submit her state law retaliatory discharge claim to arbitration pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. §§1-16. Her claim originated in state district court pursuant to the Oklahoma Workers' Compensation Act (WCA), specifically the provisions at 85 O.S. 2001 §51 (since amended). Under t... More...   $0 (10-02-2007 - OK)

¶ 1. Plaintiff appeals a grant of summary judgment by the Superior Court, Environmental Division (Environmental Court) in favor of defendants for lack of subject matter jurisdiction. We affirm.

¶ 2. Plaintiff, Linda Nordlund, owns a property (Nordlund parcel) on West Shore Road in Salisbury, Vermont. Defendant Elizabeth Van Nostrand (Van Nostrand) owns the abutt... More...   $0 (07-17-2011 - VT)

2 Appellant, Assisted Living Concepts, Inc. (ALC), which is not a party in
3 the underlying probate proceeding, appeals from an order of the probate court denying its
4 motion to quash a subpoena duces tecum and granting the personal representative's
5 motion to compel discovery. We conclude that the probate court's order is not
appealable--and, specifically, that ORS 19.205(2) is ... More...   $0 (07-27-2011 - OR)

Complaining of numerous problems related to buses chartered for their transport to and from the annual "Texas-OU weekend" festivities in Dallas, appellants--Tau Kappa Epsilon (TKE), a fraternal social organization alleged to be affiliated with the University of Texas, and Adam Wilson Fomby, a fraternity member who had secured the buses--sued the bus company, appellee USA Bus Charter, Inc. (USA Bu... More...   $0 (07-28-2011 - TX)

Before the Court is N. S. Muthukumar's motion challenging the trial court's order sustaining the contest to his affidavit of indigence. See Tex. R. App. P. 20.1. Santa Rosa Apartments has filed a response and argues (1) we lack jurisdiction to consider the motion because Muthukumar did not file a separate notice of appeal from that order; and (2) the trial court did not abuse its discretion in sus... More...   $0 (07-22-2011 - TX)

2 Plaintiffs Charles M. and Lillian M. Fischer (the Fischers) appeal the circuit
3 court's judgment in a writ of review proceeding that affirmed respondent Benton
County's1 4 determination that the Fischers have a vested right to complete a subdivision of
their property in compliance with waivers issued pursuant to Ballot Measure 37 (2004)2 5
6 but do not have a vested right to est... More...   $0 (07-13-2011 - OR)

KAUGER, J.:

¶1 The issue presented is whether an aunt and uncle have any right whatsoever to participate in a review proceeding for placement of nieces and a nephew when they have never had custody of the children, have never acted in loco parentis, and are not persons guaranteed to be allowed to intervene pursuant to 10 O.S. Supp. 2002 §7003-7.1(C).1 Under the facts of this cause, a prop... More...   $0 (04-01-2008 - OK)

and Michael Weinstein (collectively the Foundation) filed a petition for writ of mandamus, seeking to compel the health officer of the Department of Public Health for the County of Los Angeles (the Department) to issue a regulatory order that requires adult film industry performers to wear condoms in the production of hardcore pornography and to obtain hepatitis B vaccinations in an effort to stem... More...   $0 (07-16-2011 - CA)

Petitioner Sharon Elizabeth Zullo sued her employer, real party in interest Inland Valley Publishing Co. (Inland) for wrongful termination in violation of California’s Fair Employment and Housing Act (Gov. Code, § 12920 et seq. (FEHA)). The superior court granted Inland’s petition to compel arbitration and stayed the civil proceedings. Petitioner challenged that ruling by way of a petition fo... More...   $0 (07-12-2011 - CA)

Eugene C. Smalls appeals from an order of the United States Court of Appeals for Veterans Claims (“Veterans Court�) denying a petition for a writ of mandamus. We affirm.

I. BACKGROUND

Mr. Smalls served as a Marine on active duty from June 1978 to December 1980. Thereafter, the Depart-ment of Veterans Affairs (“VAâ€�) regional office (“ROâ€�) granted Mr. Smalls a service conne... More...   $0 (07-12-2011 - DC)

Del Cerro Mobile Estates (Del Cerro) appeals from a judgment of dismissal after the trial court sustained a demurrer filed by the Orange County Transportation Authority (OCTA) and the City of Placentia and its city council (the City) to Del Cerro‟s first amended complaint for declaratory and injunctive relief and petition for writ of mandate. Del Cerro challenged the adequacy, under the Californ... More...   $0 (07-07-2011 - CA)

This appeal arises from a denial of injunctive relief against a union under Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 (1970), and § 301 of the Labor-Management Relations Act (LMRA), 29 U.S.C. § 185, as well as a denial of declaratory relief concerning actions previously taken by that union. We affirm the denial of injunctive relief, vacate the denial of declaratory relie... More...   $0 (06-30-2011 - MA)

In this petition for extraordinary writ relief, we consider whether an arbitration agreement is unenforceable because it is unconscionable or contrary to public policy when it requires consumers to waive their rights to participate in any form of class action litigation to pursue common claims that they may have concerning a retail installment sales contract. In the district court, petitionersâ... More...   $0 (03-31-2011 - NV)

In this petition, we address the narrow issue of whether a defendant may, under NRCP 13(h), bring a counterclaim that adds new parties to an action. Under that rule, if there is at least one original party included in the counterclaim, a defendant may add new parties to the action through a counterclaim as long as the nonparty meets the joinder requirements under NRCP 19 or 20. We take this op... More...   $0 (06-02-2011 - NV)

This appeal relates to 4.5 miles of a railroad right-of-way in Miami County, Kansas, that has been railbanked and is now operated as a recreational trail. Generally, the issues in this appeal focus on the relationship between and the application of the Kansas Recreational Trails Act (KRTA), K.S.A. 58-3211 et seq., and the National Trails System Act, commonly referred to as the federal "Rails to Tr... More...   $0 (06-10-2011 - KS)

Petitioner Ricky Oscar Williams, an Oklahoma state prisoner proceeding pro se, seeks a Certificate of Appealability (COA) to challenge the district court’s denial of his 28 U.S.C. § 2241 petition. In his § 2241 petition, Williams argued that the Oklahoma Department of Corrections (ODOC) had improperly calculated and applied his earned credits when administering his sentence. The district court... More...   $0 (06-13-2011 - OK)

The County of Dauphin (County) and taxpayers of the City of Harrisburg (City), Joseph and Jacalyn Lahr, (collectively, County), appeal from an order of the Court of Common Pleas of Dauphin County that sustained preliminary objections of the City, the City's Mayor, Treasurer and Controller, and the City Council members (collectively, the City or City defendants) to the County's first amended compla... More...   $0 (06-10-2011 - PA)

1 The issue is whether the trial judge abused his discretion when he refused to recuse himself in this divorce case after he voluntarily recused himself sua sponte in another case pending before him in which defendant's new wife sought a protective order against plaintiff. We find that the trial judge abused his discretion by refusing to recuse himself in this case.

�2 Pamela Casey, now P... More...   $0 (05-24-2011 - OK)

The plaintiffs, Raymond and Marcia Cornell (collectively, the Cornells), reside in their home at the edge of Harris Pond in Blackstone. The defendant Roland M. Michaud (Roland) [FN3] purportedly obtained a building permit for and began construction of a large single family home on his adjacent land. A Superior Court judge, on the Cornells' complaint pursuant to G.L. c. 40A, § 17 (zoning appeal), ... More...   $0 (05-31-2011 - MA)

Plaintiff Debbie McCravy sued Defendant Metropolitan Life Insurance Company ("MetLife"), alleging, among other things, breach of fiduciary duty, and seeking damages under the "other appropriate equitable relief" provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(3). The district court granted McCravy summary judgment, but limited her damages to the return of h... More...   $0 (05-16-2011 - SC)

Carillon South Joint Venture, LLC (“Carillonâ€�) petitions this Court for a writ of mandamus to compel the trial court to vacate its sua sponte order granting a mistrial, and thereafter, to enter a judgment reflecting the jury’s unanimous verdict in favor of Carillon and against Bret Diamond. In the alternative, Carillon petitions this Court for a writ of certiorari, seeking to quash the order... More...   $0 (05-11-2011 - FL)