In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI” job with the Maryland Department of Transportation (“MDOT”), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.

Maddalone challenged his termina... More...   $0 (08-31-2009 - MD)

In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI” job with the Maryland Department of Transportation (“MDOT”), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.

Maddalone challenged his termina... More...   $0 (08-31-2009 - MD)

Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (“the Association”), Azadeh Kaider (“Azadeh”), Brian Kaider (“Brian”), Lourdes Sandoval (“Lourdes”), and Santiago Sandoval (“Santiago”).1 The individual appellees are past and present members of the Association’s Board of Directors. Th... More...   $0 (08-31-2009 - MD)

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration’s title to a disputed two-acre parcel of property, and Restoration’s right of access to that two-acre parcel across a portion of the Association’... More...   $0 (08-20-2009 - PA)

Cardiac Pacemakers, Inc., Guidant Sales Corporation, Mirowski Family Ventures, LLC, and Anna Mirowski (collectively, “Cardiac” or “appellants”) appeal from the decision of the United States District Court for the Southern District of Indiana granting summary judgment of invalidity of claim 4 of U.S. Patent 4,407,288 (“the ’288 patent”). See Cardiac Pacemakers, Inc. v. St. Jude Med., ... More...   $0 (08-19-2009 - IN)

A licensed contractor was cited for six violations of state contractor law and ordered to pay civil penalties and compensation to the injured homeowner. He challenged the citation, which was upheld by the Registrar of Contractors after an administrative hearing at which the violations were found true by a preponderance of the evidence. The contractor argues the standard of proof should have been c... More...   $0 (08-18-2009 - CA)

In January 2004, Matthew St. Laurent, M.D., the appellee/real party in interest, purchased four limited partnership shares, termed Aunits,@ in North Cypress Medical Center Operating Company, Ltd. (the Apartnership@).[1] Under the terms of the limited partnership agreement (the AAgreement@), St. Laurent was permitted to share in the partnership=s net income and occasional distributions but had no ... More...   $0 (08-04-2009 - TX)

This is an appeal from the denial of appellant City of Elsa's (the City) plea to the jurisdiction and the granting of summary judgment in favor of appellee Joel Homer Gonzalez. By three issues, the City contends that the trial court erred in denying its plea because Gonzalez failed to establish jurisdiction under the Texas Whistleblower Act, the Texas Public Information Act, (1) and the Texas Ope... More...   $0 (07-09-2009 - TX)

ppellant, Norma Flores Lagos, appeals the trial court's order denying her no-evidence motion for summary judgment. After Lagos failed to attend the trial on the merits, the trial court entered a final judgment against Lagos. We affirm.

I. Background

On May 19, 2005, appellees, Fela B. Olivarez, a licensed attorney, and Dr. Gene Trevino, a property evaluation expert, filed suit agains... More...   $0 (07-23-2009 - TX)

¶1 This is a mandamus action brought by the plaintiff L. A. Armstrong, bondholder, for himself and all others similarly situated. He sought by the remedy of mandamus to require the board of education to provide in its budget for the fiscal year 1940-41 for funds with which to pay the 1929 installments of the paving assessments levied against the property of the board of education, together with t... More...   $0 (10-19-1943 - OK)

Appellant Karen Baghaei d/b/a Arkadia Auto Sales appeals from the trial court=s grant of summary judgment in favor of Appellee AppOne, Inc. In five issues, Baghaei argues that the trial court improperly granted summary judgment. We will reverse and remand.

II. FACTUAL AND PROCEDURAL BACKGROUND

Baghaei sells used cars. AppOne is a Louisiana corporation th... More...   $0 (07-09-2009 - TX)

This is a summary judgment appeal. Seventh- and eighth-grade students in a middle-school journalism class made verbal and written statements to their journalism teacher, to other school officials, and to on-campus police following a classroom incident involving a fellow classmate, C.H. In the statements, the students accused C.H. of making threats to them.[2] As a result of the statements, Appe... More...   $0 (07-16-2009 - TX)

The plaintiff, City of Providence (city), appeals from a Superior Court judgment granting a writ of mandamus compelling the city’s building official to issue a demolition permit to the defendants, Estate of Stephen A. Tarro, Richard M. Tarro, Michael A. Tarro, and Patricia A. Tarro (defendants or the Tarros).1 The trial justice ordered the building official to issue a demolition permit to the de... More...   $0 (07-02-2009 - RI)

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 (07-03-2009 - TX)

Appellant Karen Baghaei d/b/a Arkadia Auto Sales appeals from the trial court=s (sic) (The Second District Publishes its reports with = signs and other characters substituted for the usual characters.) grant of summary judgment in favor of Appellee AppOne, Inc. In five issues, Baghaei argues that the trial court improperly granted summary judgment. We will reverse and remand.

... More...   $0 (07-09-2009 - TX)

This is an appeal from the denial of appellant City of Elsa's (the City) plea to the jurisdiction and the granting of summary judgment in favor of appellee Joel Homer Gonzalez. By three issues, the City contends that the trial court erred in denying its plea because Gonzalez failed to establish jurisdiction under the Texas Whistleblower Act, the Texas Public Information Act, (1) and the Texas Open... More...   $0 (07-10-2009 - TX)

Defendant Multnomah County appeals a supplemental judgment, that awarded attorney fees, expenses, and costs to plaintiff Dorothy English after she obtained a general judgment for $1,150,000 in just compensation pursuant to ORS 197.352 (2005) (commonly known as Measure 37).(1) The central issue on appeal is whether ORS 197.352(6), the statute that governed attorney fees in Measure 37 cases, author... More...   $0 (06-10-2009 - OR)

¶1 The issue presented concerns the constitutionality of 19 O.S.Supp.2003, § 956.3.1 We find the statute constitutional and affirm the trial court's issuance of a writ of mandamus.

BACKGROUND

¶2 In Oklahoma, the retirement plans of state employees are governed largely by the Oklahoma Public Employees Retirement System (OPERS), 74 O.S.2001 § 901, et seq.2 With the exception of Okl... More...   $0 (06-30-2009 - OK)

Melissa Kohout appeals from the trial court=s grant of the plea to the jurisdiction filed by the City of Fort Worth, Texas (Athe City@), David Lunsford (the City=s gas well inspector), and Tom Edwards (the City=s senior gas drilling inspector) on her claims that she was denied due process, equal protection, and the right to petition her government. In one issue, Kohout argues that she has standin... More...   $0 (06-11-2009 - TX)

A police officer who has been suspended from duty has a right to appeal that action to either a civil service commission or to an independent, third-party hearing examiner. If the officer appeals to a hearing examiner, his ability to seek further review in a district court is severely limited. The suspended police officer in this case elected to appeal to a hearing examiner, but the City failed to... More...   $0 (06-19-2009 - TX)

The plaintiff, Westgate Miami Beach, Ltd. (“the plaintiff”), appeals from a non-final order denying its motion to assess prejudgment interest. We affirm. In 2007, the trial court issued a $7.7 million1 judgment in favor of the plaintiff against the defendant, Newport Operating Corp. (“Newport”). The judgment that was rendered and styled as a “Final Judgment,” found that the plaintiff w... More...   $0 (06-03-2009 - FL)

A state agency known as the Virginia Office for Protection and Advocacy, or "VOPA," brought this action in federal court against three Virginia officials in their official capacities. VOPA claims that the defendant state officials are violating federal law and seeks declaratory and injunctive relief. We hold that sovereign immunity bars VOPA’s suit. While Congress could seek to provide a federal... More...   $0 (06-02-2009 - VA)

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration’s title to a disputed two-acre parcel of property, and Restoration’s right of access to that two-acre parcel across a portion of the Association’... More...   $0 (05-29-2009 - PA)

¶1 Robert J. Beasley (Beasley) appeals from an order of the Eleventh Judicial District Court, Flathead County, that granted the motion to dismiss filed by Flathead County, Flathead County Board of Adjustment and the Flathead County Zoning Administrator Jeff Harris (collectively Flathead County). We affirm.

¶2 We review the following issue on appeal:

¶3 Whether the District Court p... More...   $0 (04-08-2009 - MT)

Relator Dorothy English appeals a judgment dismissing an alternative writ of mandamus against defendants.(1) English sought mandamus to compel defendant county to satisfy a final judgment for just compensation pursuant to ORS 197.352 (2005) (commonly known as Measure 37) that she had against the county in the amount of $1,150,000.(2) The trial court entered a judgment dismissing the alternative ... More...   $0 (04-15-2009 - OR)