Plaintiff Margaret Cortright appeals from the circuit court’s November 21, 2006 order dismissing with prejudice her intentional tort claims (counts I, II, and III) and reaffirming the dismissal of her discrimination claims (counts IV, V and VI) under a previous ruling. Cortright v. Doyle, No. 01 L 02886 (Cir. Ct. Cook Co.). On appeal, the plaintiff alleged that: (1) the intentional tort claims w... More...   $0 (11-18-2008 - IL)

These appeals present a host of issues arising out of litigation about whether executives of Drummond, Ltd., the Colombian subsidiary of a coal mining company in Alabama, paid paramilitary operatives to torture and assassinate leaders of a Colombian trade union, SINTRAMIENERGETICA. In 2002 and 2003, the union and several of its leaders and relatives of deceased leaders sued Drummond and its parent... More...   $0 (12-25-2008 - AL)

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 Medical... More...   $0 (12-19-2008 - IN)

This matter comes to us on the appeal of five sheriffs, Chief Deputy Sheriff James M. Grant, Chief Deputy Sheriff Daniel E. Silva, Chief Deputy Sheriff Jo-Ann J. Macari, Sheriff Joseph K. Ford,1 and Sheriff Ann M. Castelli (collectively plaintiffs). The plaintiffs contend that their layoffs (or, in Castelli’s case, her potential layoff) were improper. The trial justice ruled in favor of the defe... More...   $0 (12-18-2008 - RI)

Appellants Catherine Louise Briggs and Scott Briggs filed a petition for a writ of mandate (Code Civ. Proc., § 1085) to direct a private arbitrator to lift a stay he had imposed in the arbitration of a dispute concerning an uninsured motorist policy issued by GEICO General Insurance Company (GEICO). The trial court denied the petition, finding that the arbitrator did not err in issuing a stay. We... More...   $0 (12-09-2008 - CA)

Appeal from a judgment of the Superior Court of Orange County, Charles Margines, Judge. Affirmed. Kulik, Gottesman, Mouton & Siegel, LLP, Thomas M. Ware II, Sharon Barber; Borton, Petrini & Conron, LLP, Matthew J. Trostler for Defendant and Appellant. Enterprise Counsel Group, David A. Robinson, Benjamin P. Pugh; Jeffrey Lewis for Plaintiffs and Respondents.

Marquesa at Monarch Beach (Marqu... More...   $0 (12-02-2008 - CA)

This appeal concerns the terms of an Uniform Intermodal Interchange and Facilities Access Agreement (“the Agreement”) that provides that the laws of Maryland shall govern over the interpretation of the agreement. Appellant, CMA-CGM (America), Inc., appeals the trial court’s dismissal of its claims for indemnification against appellee, Empire Truck Lines Inc. In three issues, CMA contends tha... More...   $0 (12-05-2008 - TX)

Marquesa at Monarch Beach (Marquesa) is a common interest development governed by the Davis-Stirling Common Interest Development Act (Civ. Code, § 1350, et. seq.). It is comprised of single family homes in the Monarch Beach development of Dana Point, many of which have ocean and golf course views. The community is managed by the Marquesa at Monarch Beach Homeowners Association (the Association), ... More...   $0 (12-02-2008 - CA)

Latimore Township appeals an order of the Court of Common Pleas of Adams County (trial court) vacating two decisions of the Township’s Board of Supervisors (Supervisors) to deny approval of two final subdivision plans submitted by M. Everett Weiser. The principal issue we consider is whether a final subdivision plan, which is substantially similar to a deemed approved preliminary plan, must be a... More...   $0 (11-29-2008 - PA)

The plaintiff, Cort Wrotnowski, brought a complaint pursuant to General Statutes § 9- 3231 against the defendant, Susan Bysiewicz, the secretary of the state, alleging that the defendant unlawfully had failed to verify that Barack Obama, the democratic nominee for the office of president of the United States for the November 4, 2008 presidential election, was a natural born citizen of the United ... More...   $0 (11-18-2008 - CT)

Ellen Hughes Finnerty, a registered nurse, petitioned for a writ of mandate requiring the Board of Registered Nursing to set aside its decision disciplining her for gross negligence and incompetence. The Board disciplined Finnerty in connection with an incident during which Finnerty refused to comply with a resident physician’s order that a patient be intubated immediately in his room, and inste... More...   $0 (11-13-2008 - CA)

We enter here into the arcane world of Medicaid law to answer a fundamental question: does a federal statute imposing notice and comment requirements apply to actions taken or mandated by a state legislature? In 2004, the California Legislature, as part of adopting a state budget after the Constitutional budget deadline had expired, proposed and enacted over only a three-day period a freeze on the... More...   $0 (11-19-2008 - CA)

T-Mobile, LLC, (“T-Mobile”) brought this action challenging the decision of the Unified Government of Wyandotte County/Kansas City, Kansas (“Unified Government”) to deny T-Mobile’s application for a Special Use Permit to construct a wireless telecommunications facility. T-Mobile sought declaratory, injunctive, and mandamus relief. The parties filed cross-motions for summary judgment and ... More...   $0 (11-20-2008 - KS)

The instant action is before this Court upon the appeal of Charles and Kathryn Beahm, Randy and Kathy Johnson, and the Jefferson City Council on Aging [hereinafter “Appellants”] from a January 4, 2007, order granting defendants', 7-Eleven, Inc. and Melissa Spinks [hereinafter “Appellees”], Motion for Summary Judgment. On appeal, the Appellants allege that errors were committed by the circu... More...   $0 (09-26-2008 - WV)

Appellants Teresa Stendahl and Timothy Cannon own property adjacent to a 65-acre parcel re-zoned by appellee Cobb County Board of Commissioners (“the Board”) on the application of appellees Johnson Ferry Baptist Church and Wellstar Health System. Within 30 days of the re-zoning decision, appellants filed an action in the Superior Court of Cobb County in which they appealed the re-zoning decisi... More...   $0 (10-27-2008 - GA)

In March 2006, appellee Chief Judge Perry Brannen, Jr., notified the parties in a legal malpractice action filed in the Superior Court of Chatham County and assigned to Chief Judge Brannen that the lawsuit had been automatically dismissed by operation of law in January 2005 under the “fiveyear rule” set out in OCGA §§ 9-2-60 (b) and 9-11-41 (e), and that the sixmonth period within which the ... More...   $0 (10-11-2008 - )

Petitioner seeks a writ of mandamus to compel the trial court to discharge a claim of lien filed by a contractor against petitioner’s home. We grant the petition because the contractor failed to comply with the statutory lien procedure.

Following the recording of the contractor’s lien, the owners filed a complaint seeking discharge of the lien, which was served o n the contractor, along... More...   $0 (11-05-2008 - FL)

By petition for writ of mandamus and interlocutory appeal, Relator/Appellant Citizens National Bank challenges the trial court's order denying its motion to compel arbitration and stay the underlying proceedings. (1) We deny the Bank's petition for writ of mandamus and affirm the trial court's order.

Background

The underlying dispute arises from the Bank's alleged misappropriation an... More...   $0 (11-07-2008 - TX)

Appellant It’s the Berry’s, LLC d/b/a Mary Ellen’s (Berry’s) complains of a district court judgment granting possession of its leasehold to its landlord, appellee Edom Corner, LLC. Brought as an action for forcible detainer in justice court, the case was transferred to district court and there tried as though that court possessed original subject matter jurisdiction. Finding the district c... More...   $0 (10-28-2008 - TX)

Appellant, Stephen E. Tanner, appeals from a domesticated judgment enforced against him under the Texas Uniform Enforcement of Foreign Judgments Act ("UEFJA") (1) and the entry of a turnover order that included the appointment of a receiver and a master in chancery. (2) We determine (1) whether the trial court abused its discretion in denying Tanner's motion to dismiss the UEFJA action and in iss... More...   $0 (10-31-2008 - TX)

n these two appeals and mandamus, we must decide the effect of nonsuits and the res judicata effect of a county-court-at-law judgment on a related lawsuit in district court. We affirm the county-court appeal, reverse the district-court appeal, and dismiss as moot the mandamus proceeding.

Facts

The underlying controversy arises out of a 2001 contract between appellant C/S Solutions, I... More...   $0 (10-31-2008 - TX)

Respondent Patricia Bernardi and the Open Monterey Project (collectively, Bernardi) filed a petition to enforce the California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.),1 in which they sought public records from appellant County of Monterey (the County) relating to a pending subdivision proposal known as the September Ranch project. After more than a year of litigation, the trial cour... More...   $0 (10-30-2008 - CA)

Daniel A. Batterman, a Boston attorney, brought suit in federal district court against several individuals associated with the Committee for Public Counsel Services ("CPCS"). The district court stayed proceedings, insisting that Batterman resolve his claims, or at least his leading claim, in state court. Batterman now appeals. The background events are as follows.

Batterman, a sole... More...   $0 (10-15-2008 - MA)

The Constitution protects everyone, the poor, the wealthy, the weak, the powerful, the guilty and the innocent. This court has held its guarantees extend to lawyers (Cunningham v. Superior Court (1986) 177 Cal.App.3d 336); dogs (more precisely their owners), (Phillips v. San Luis Obispo County Department of Animal Regulation (1986) 183 Cal.App.3d 372); and even politicians (Beilenson v. Superior C... More...   $0 (10-17-2008 - CA)

This original proceeding stems from an appeal in a case concerning a complaint for partition or sale of certain Clark County real property. In that case, this court reversed the district court’s judgment transferring the property from petitioners to real parties in interest through a judicial sale and remanded the matter to the district court for further proceedings. When petitioners took step... More...   $0 (10-03-2008 - NV)