Appellant Carl T. Wibbenmeyer appeals a district court judgment that awarded appellees TechTerra Communications, Inc.; Christian Behier; and Adella Almazan-Seabolt attorney's fees but no other relief. Wibbenmeyer argues that there is no statutory or contractual basis for awarding attorney's fees and that, if there was, the amount awarded was an abuse of discretion. We agree that there was no stat... More...   $0 (03-26-2010 - TX)

Appellant contends that the City of Madera (City) violated the California Environmental Quality Act (CEQA) and the City‟s municipal code by approving a commercial retail shopping center project without preparing a subsequent or supplemental environmental impact report (EIR) for the project after the site plan for the 795,000 square feet of retail space in the project was changed so that the larg... More...   $0 (03-24-2010 - CA)

This appeal is another chapter in the litigation between Dr. Brenton R. Smith and three hospitals run by Adventist Health System/West. (See Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [hospital governing board erroneously revoked Smith‟s staff membership and hospital privileges]; Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501 [litigation resulting from fail... More...   $0 (03-04-2010 - CA)

1. "Article V, section 1 of the Constitution of West Virginia which prohibits any one department of our state government from exercising the powers of the others, is not merely a suggestion; it is part of the fundamental law of our State and, as such, it must be strictly construed and closely followed." Syl. Pt. 1, State ex rel. Barker v. Manchin, 167 W. Va. 155, 279 S.E.2d 622 (1981).

2.... More...   $0 (03-11-2003 - WV)

This appeal is another chapter in the litigation between Dr. Brenton R. Smith and three hospitals run by Adventist Health System/West. (See Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [hospital governing board erroneously revoked Smith‟s staff membership and hospital privileges]; Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501 [litigation resulting from fail... More...   $0 (03-05-2010 - CA)

LG Electronics, U.S.A., sued Whirlpool Corporation for infringing its trademark in a dryer that uses steam to reduce wrinkles. When it asked Whirlpool to produce communications between its attorneys and its outside advertising agencies relating to the purportedly infringing dryer, Whirlpool objected that the communications were protected by the attorney-client privilege. Whirlpool argued that the ... More...   $0 (03-03-2010 - )

The named plaintiff, Richard Costantino,1 appeals from the trial court’s decision2 denying his request for a declaratory judgment that the defendant Medical Professional Mutual Insurance Company doing business as ProMutual and ProSelect Insurance Company (ProMutual), the medical malpractice insurer for the named defendant, Stanley Skolnick, is required to pay the plaintiff offer of judgment inte... More...   $0 (02-16-2010 - CT)

¶1 Petitioner, Robert Ward (Father), appeals the trial court's order finding him in contempt of court for failure to pay child support. Having recast this appeal as an application for a writ of prohibition, we deny same.

BACKGROUND

¶2 In 1995, Father and Respondent, Valerie Ward (Mother), were divorced. It is not disputed that the divorce decree awarded Mother custody of the co... More...   $0 (02-11-2010 - OK)

Following termination of her employment as an administrative assistant in the office of A. Mark Lee, the Solicitor General of Effingham County (County), Angela Denise Thomas brought suit against Lee and the Effingham County Board of Commissioners (Board). In this action, Thomas contended that, because she had a property interest in her employment triggering due process rights, she was entitled to ... More...   $0 (03-01-2010 - GA)

This is a companion case to City of Sandy Springs v. Kaplan, 286 Ga. 160 (686 SE2d 115) (2009). In that case, the city sought, and this Court granted, interlocutory review of an order denying the city’s motion for summary judgment. We affirmed the denial of the city’s summary judgment motion, but remanded for further consideration and clarification of the trial court’s order. In this case, F... More...   $0 (03-01-2010 - GA)

John Zuccarini is a judgment debtor who owns the rights to many Internet domain names. DS Holdings (“DSH”) is the assignee of the judgment against Zuccarini. DSH attempted to levy upon Zuccarini’s domain name holdings in the Northern District of California where VeriSign, the official registry for all “.com” and “.net” domain names, has its headquarters. The district court appointed ... More...   $0 (03-01-2010 - CA)

This petition for a writ of mandamus arises from the proceedings in United States v. Arctic Glacier Int’l Inc., No. 1:09-cr-00149 (S.D. Ohio). In that case, Arctic Glacier International was charged in a criminal information with violating 15 U.S.C. § 1 by participating in “a conspiracy to suppress and eliminate competition by allocating packaged-ice customers in southeastern Michigan and the ... More...   $0 (03-01-2010 - OH)

This is an appeal from a post-divorce enforcement proceeding. Teresa Thomas complains of a turnover order; a money judgment payable to her former husband, Bruce Thomas; attorney’s fees assessed against her; and contempt orders entered against her. We have not been favored with responsive briefing by Bruce. For the reasons that follow, we affirm in part and reverse in part.

FACTUAL AND PR... More...   $0 (02-18-2010 - tx)

The enforceability of the arbitration clause contained in D.R. Horton, Inc.’s employee handbook acknowledgment form is again before this Court. As we have already twice determined that the arbitration clause at issue here is valid and enforceable,[1] we issue this memorandum opinion and affirm the trial court’s judgment.

Appellant Brenda Hatton began working for D.R. Horton in June of ... More...   $0 (02-11-2010 - TX)

The City of Dripping Springs entered into agreements with two landowners in the City's extraterritorial jurisdiction, Cypress-Hays, L.P. and Mak Foster Ranch, L.P. The agreements contemplated the landowners' development of portions of their property for residential, commercial, and recreational use. The agreements were approved by the city council in public meetings during April 2001. Appellant S... More...   $0 (02-14-2010 - TX)

The appellants herein and defendants below, AJR, Inc., and John M. Rhodes (hereinafter collectively referred to as “AJR”), appeal from an order entered July 18, 2008, by the Circuit Court of Wood County. By that order, the circuit court entered judgment in favor of the appellee herein and plaintiff below, Danny L. Benson (hereinafter referred to as “Mr. Benson”), in the amount of $94,910.2... More...   $0 (02-11-2010 - WV)

This interlocutory appeal concerns the attorney compensation structure established by the district court in this ongoing multidistrict litigation ("MDL"), and the applicability of that compensation structure to the Mulligan Law Firm ("Mulligan"). Mulligan represents more than two thousand plaintiffs in upwards of seventy cases that have been transferred by the Judicial Panel on Multidistrict Litig... More...   $0 (02-08-2010 - NY)

24 This interlocutory appeal concerns the attorney
25 compensation structure established by the district court in this
26 ongoing multidistrict litigation ("MDL"), and the applicability
27 of that compensation structure to the Mulligan Law Firm
28 ("Mulligan"). Mulligan represents more than two thousand
29 plaintiffs in upwards of seventy cases that have been transferred
30... More...   $0 (02-03-2010 - NY)

In this appeal, we must determine whether the defendants conclusively established their limitations defense. The appellant contends the trial court erred: (1) in entering summary judgment in the face of unrefuted evidence of fraudulent concealment; (2) in determining that the appellant's fraud claims accrued more than four years before the suit was filed; and (3) in failing to grant a continuance ... More...   $0 (01-14-2010 - TX)

This appeal arises from the termination of appellee, Calvin Elliott, Jr., from his position as a Deputy Sheriff with the Howard County Sheriff’s Office (“Sheriff’s Office”) on October 28, 2005. On December 14, 2005, Elliott filed a complaint for a show cause order in the Circuit Court for Howard County pursuant to the Law Enforcement Officers’ Bill of Rights (“LEOBR”), Maryland Code ... More...   $0 (01-27-2010 - MD)

Appellant, Royce Homes, L.P., appeals the order of the trial court confirming an arbitration award and final judgment in favor of appellees, a group of homeowners (“homeowners”). In three issues, Royce Homes argues that (1) the trial court abused its discretion by failing to appoint the arbitrator specified in the parties’ arbitration agreement; (2) the trial court erred in failing to vacate... More...   $0 (01-22-2010 - )

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...   $0 (01-06-2010 - WA)

This case presents the court with a little utilized area of the law—private condemnation. The plaintiffs seek further review of a district court order granting the defendant’s action for private condemnation and selecting the defendant’s proposed route of condemnation. While not disputing the need for private condemnation, the plaintiffs challenge the selection of the route, asserting that t... More...   $0 (01-08-2010 - IA)

In this appeal, we address the interpretation of a provision of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, governing the filing of whistleblower lawsuits in federal district court. The parties acknowledge that the Sarbanes-Oxley Act expressly provides a United States District Court jurisdiction to entertain a whistleblower action. However, they disagree as to whether a whistleblower plain... More...   $0 (01-03-2010 - MD)

The County of Sacramento declined to renew a conditional use permit for a privately owned airport. A mandamus petition seeking to prevent the airport‟s closure was denied. The Court of Appeal reversed, holding that the county‟s action amounted to a “project” subject to the requirements of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq. (CEQA).)1 The Court of... More...   $0 (12-29-2009 - CA)