Stephen Finley, appearing pro se, appeals from the trial court's order granting summary judgment in favor of appellees Corwin Ray Fargason and the law firm of Harding, Bass, Fargason, Booth & St. Clair, L.L.P. (collectively, "Fargason"). Finley contends that the trial court erred in granting summary judgment on his claim against Fargason for legal malpractice. We affirm the order of the trial cou... More...   $0 (10-15-2010 - TX)

Maple Street A.M.E. Zion Church (Church) and the City of Williamsport and City Council of the City of Williamsport (collectively, City) file cross-appeals from the order of the Court of Common Pleas of Lycoming County (trial court) striking a condition requiring the Church to obtain a written license for eight off-street parking spaces and otherwise affirming the City Council of the City of Willia... More...   $0 (10-08-2010 - PA)

This interlocutory appeal from a temporary injunction concerns whether Kirk Kennedy, a former in-house counsel and corporate secretary for Gulf Coast Cancer & Diagnostic Center at Southeast, Inc. (Gulf Coast), is entitled to retain, for his own use, a copy of a legal opinion memorandum concerning Gulf Coast’s potential liability for its former executive’s alleged misconduct. Kennedy solicited... More...   $0 (09-23-2010 - TX)

This is the second appeal from the certification of a consolidated “settlement only” nationwide class action that alleged an illegal home equity lending scheme involving two banks and a company that purchased second mortgage loans from them. Certain members of the class (the “Objectors”) contest the District Court’s decisions certifying that class and approving the class settlement. As i... More...   $0 (09-23-2010 - )

The governing board of Selma Community Hospital (also SCH) terminated the hospital privileges of Brenton R. Smith, M.D., and Smith filed a petition for writ of mandamus seeking to have his hospital privileges reinstated. Smith prevailed in the writ proceeding and also won when the hospital appealed. Hospital (2008) 164 Cal.App.4th 1478 [superior court‟s issuance of writ affirmed].) After the ap... More...   $0 (09-01-2010 - CA)

In Younger v. Harris, 401 U.S. 37 (1971), a federal court plaintiff sought a federal injunction to stop state court proceedings that he claimed would violate his federal constitutional rights. The Supreme Court said no, the federal courts would abstain, leaving the state courts to consider the federal constitutional issues that would arise in their proceedings.

In this unusual case, by cont... More...   $0 (08-27-2010 - IL)

Appellants, the Allen and Martha Lewis Revocable Trust and Martha A. Lewis, individually (“Lewis”), sued Daniel and Erin Perales (“Perales”) to establish title to land by adverse possession.[1] Lewis appeals the trial court’s grant of Perales’s motion for summary judgment, arguing that the trial court erred: (1) in failing to rule on or refusing to sustain Lewis’s special exception... More...   $0 (08-12-2010 - TX)

The plaintiff, Walter J. Prymas, appeals from the judgment of the trial court, rendered following a trial to the court, in favor of the defendants, the city of New Britain (city), William A. DeMaio, Sandra C. Loether and the New Britain board of parks and recreation (board). On appeal, the plaintiff claims that the court improperly failed to determine that his termination from his position of empl... More...   $0 (07-13-2010 - CT)

The plaintiff, David Greenfield, appeals
from the judgment of the trial court rendered in favor
of the defendant, Susan Reynolds, zoning enforcement
officer for the town of Westport, following the court’s
granting of the defendant’s motion to strike the plaintiff’s
complaint. On appeal, the plaintiff claims that the
court improperly determined that his complaint faile... More...   $0 (07-13-2010 - )

In this appeal, we consider whether NRS 202.3662, which provides that an application for a concealed firearms permit and the sheriff’s related investigation of the applicant are confidential, includes within its scope the identity of the permittee of a concealed firearms permit and any records of suspension or revocation generated after a permit is issued.

The Nevada Public Re... More...   $0 (07-01-2010 - NV)

The City of Cranston (the city) appeals from a Superior Court judgment declaring Constance Fravala (Constance)1 to be the common-law wife of Wilbur Phillips (Wilbur) at the time of his death on October 25, 2004, and Constance crossappeals2 from the same judgment. These two cases came before the Supreme Court for oral argument pursuant to orders directing the parties to appear and show cause why th... More...   $0 (06-24-2010 - RI)

¶1 The Rural Water, Sewer, and Solid Waste Management District No. 1 (Logan-1), filed an action in the Western District of Oklahoma against the City of Guthrie, an Oklahoma Municipality and the Guthrie Public Works Authority, a public trust (collectively Guthrie), claiming unlawful encroachment on its service area in an alleged violation of a federal law that protects rural water districts from c... More...   $0 (06-29-2010 - OK)

Plaintiffs-appellants and cross-appellees Bernstein & Grazian, P.C. (B&G), and the Estate of Isadore M. Bernstein, deceased (Bernstein),1 brought suit against B&G's former law partners defendants-appellees and cross-appellants Grazian & Volpe, P.C. (G&V), John Leonard Grazian (Grazian), and Richard S. Volpe (Volpe)2 for breach of contract and fiduciary duty, seeking an accounting, an injunction an... More...   $0 (06-25-2010 - IL)

This case arises under the Ellis Act, Government Code section1 7060, et seq. The Ellis Act gives landlords "the unfettered right," as outlined in the statute, to remove their residential units from the rental market (City of Santa Monica v. Yarmark (1988) 203 Cal.App.3d 153, 165) and means that cities cannot prevent residential landlords from going out of the landlord business. (§ 7060.7.)
More...   $0 (06-14-2010 - CA)

This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur... More...   $0 (05-18-2010 - CT)

This litigation arises from a dispute over the scope of coverage afforded by a director's and officer's (D & O) liability insurance policy issued by Federal to Maritz. Maritz has obtained D & O insurance policies from Federal since 1985. Headquartered in St. Louis County, Maritz is a privately held company that has always been owned by lineal descendants of its founder, Edouard Maritz. Maritz has ... More...   $9000000 (05-29-2010 - MO)

Cypress Security, LLC (Cypress), former provider of security services for the San Francisco Department of Human Services (DHS), lost to competitor Guardsmark, LLC (Guardsmark) in contract proceedings initiated by DHS through a request for proposals (RFP). Cypress sought mandate (Code Civ. Proc., § 1085) against the City and County of San Francisco (City), DHS, and Guardsmark to have the award to ... More...   $0 (05-18-2010 - CA)

The Center for Biological Diversity and Helphinkley.org (together Helphinkley) successfully challenged the County of San Bernardino's (the County) approval of an open-air human waste composting facility, under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), and subsequently obtained an order of attorney fees under the private attorney general statute (Code ... More...   $0 (05-25-2010 - CA)

Dennis Schornack appeals the district court’s order denying cross motions by Schornack and David Bernhardt in which each sought to have the other’s filings quashed or struck from the case. The case arose out of a property dispute between Shirley-Ann and Herbert Leu and the International Boundary Commission (IBC), an organization tasked with defining, marking, and maintaining the boundary betwe... More...   $0 (05-19-2010 - WA)

Phillip Martin, an Oklahoma state prisoner proceeding pro se,1 appeals the district court’s orders granting defendants’ motions to dismiss and for summary judgment on his claims brought under 42 U.S.C. § 1983. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

BACKGROUND

Mr. Martin was formerly incarcerated at the private prison, Great Plains Correctional Facility,... More...   $0 (05-05-2010 - OK)

This is a petition for writ of mandamus or certiorari which seeks to compel a ruling on the question whether the petitioner is required to proceed to arbitration.

We conclude that the petition is well taken.

Garcia Stromberg, LLC (“the Architect”) is an architectural firm which entered into two contracts with RC Rose Island Hotel Company, Ltd. for architectural services. The cont... More...   $0 (05-05-2010 - FL)

The petitioner, Rita Sutton, by and through her son and attorney-in-fact, Glenn Sutton, appeals Superior Court (Smukler, J.) orders: (1) granting respondent Barbara Aichinger’s motion for summary judgment on Sutton’s petition for a writ of mandamus; and (2) denying Sutton’s request for a permanent injunction to prevent construction and development of Aichinger’s non-conforming lot. Aiching... More...   $0 (03-30-2010 - NH)

Plaintiffs Chiquita Waters, Tami Waters, and Victor Waters are the children of Ruth Waters, who enrolled in the UCLA Willed Body Program in 1970 and whose body was donated to that program upon her death in 2001. Plaintiffs sued the Regents of the University of California (the Regents) for negligence because of alleged wrongdoing and mishandling of donated bodies by the UCLA Willed Body Program.More...   $0 (04-07-2010 - )

This is the second appeal in a successful action by Robert and Suzanne Cochran (“the Cochrans”), the appellants, against Griffith Energy Services, Inc., t/a Ewing Oil (“Griffith”), the appellee, for damages caused by a fuel oil spill in the Cochrans’ home. The primary issue now in dispute is the amount of post-judgment interest the Cochrans are entitled to receive.

A jury in the C... More...   $0 (03-31-2010 - MD)

¶1 This is a case of first impression. We have never determined under what circumstances and conditions a trial court may: 1) conduct in camera1 interviews of children who are the subject of child custody and/or visitation proceedings;2 and 2) provide the transcript of the proceedings to the parents after the private in camera interview occurs. Consequently, we assume original jurisdiction to add... More...   $0 (03-23-2010 - OK)