Mandamus Law
 
Richard P. Bricker v. Board of Education of the Preble Shawnee Local School District

{¶1} Appellant, Richard P. Bricker, appeals the decision of the Preble County Court of Common Pleas dismissing his claim for damages against appellee, Board of Education of the Preble Shawnee Local School District ("the board"), after finding the board breached its employment contract with appellant. For the reasons that follow, we affirm the trial court's Preble CA2007-10-020 decision.

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   $0 (09-29-2008 - OH)

Barry L. Joachim v. The Travelers Insurance Company

Joachim filed suit on August 4, 1999, in cause number 99-507,018, against Travelers Footnote asserting an underinsured motorist claim arising from an August 5, 1997, motor vehicle accident. On August 28, 2001, Joachim filed a notice of nonsuit on his entire case but did not obtain a signed order of dismissal by the trial court. At the time of nonsuit, Travelers had no claim for affirmative relief,... More...   $0 (09-25-2008 - TX)

Thelma and Richard Berry v. Volunteers of America, Inc., Forrest Towers II, Limited Partnership, and the Paris of Jefferson

Plaintiffs, Thelma and Richard Berry, appeal the trial court's grant of /' defendant The Parish of Jefferson's Exception of Prematurity. Finding merit to the plaintiffs' position on one issue, for the following reasons, we affinn in part, reverse in part, and remand. In their petition, plaintiffs allege that they are the owners of a parcel of land in Jefferson Parish located on Behrman Highway tha... More...   $0 (09-25-2008 - LA)

John T. Mills, et al. v. U.S. Bank

This action is before us for the third time on appeal.1 Plaintiffs and appellants John T. Mills, Peter A. and Cameron Howe Ministri; Thomas B. and Rosemary K. Mills TTEE; Jonathan A. Rauh; Eric W. Holt; Chris D. Wong; Donne Goodrich, as the executor of the estate of Juliette P. Goodrich;2 Evelyn W. Howe; and the Howe Family Corporation (collectively, Plaintiffs) challenge three rulings by the tria... More...   $0 (09-10-2008 - CA)

Agneta Dobos v. Voluntary Plan Administrators, Inc., et al.

Appellant Agneta Dobos (“Dobos”) appeals from the trial court’s judgment denying her petition for writ of administrative mandate brought against Respondents Voluntary Plan Administrators, Inc., Long Term Disability and Survivor Benefit Plan, and Chief Administrative Office, County of Los Angeles (collectively, “Respondents”).

In her petition, Dobos challenged an administrative dec... More...
   $0 (09-05-2008 - CA)

Norman Carpenter v. Mohawk Industries, Inc.

Before the Court are the following: (1) Appellant’s appeal of a district court’s order granting Appellee’s motion to compel responses and produce documents Appellant contends are protected by the attorney-client privilege; (2) Appellant’s companion petition for writ of mandamus seeking to compel the district court judge to vacate the order as it relates to the motion to compel; and (3) App... More...   $0 (09-02-2008 - GA)

American Civil Liberties Union of New Mexico and Peter G. Simonson v. City of Albuquerque

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between the inj... More...   $0 (06-27-2008 - NM)

Action Apartment Association v. City of Santa Monica, et al.

This is a principally a takings case. In Dolan v. City of Tigard (1994) 512 U.S. 374, 386-391 and Nollan v. California Coastal Commission (1987) 483 U.S. 825, 836- 837, the United States Supreme Court adopted what is called a “nexus” and “rough proportionality” test to be applied in an “exaction” case; i.e. when a public entity conditions approval of a proposed development on the dedic... More...   $0 (08-29-2008 - CA)

Anthony Cribbin, et al. v. The City of Chicago, et al.

Land developers Anthony Cribbin and Peter Koulogeorge purchased property in Chicago with the intent of constructing apartment buildings on the property and then selling it at a profit. After they had owned the property for several years and incurred various expenditures in pursuit of their plans, the City of Chicago (City) rezoned the property, such that the planned construction was no longer allo... More...   $0 (08-15-2008 - IL)

Astrazeneca AB, et al. v. Apotex Corp., Apotex, Inc. and Torpharm, Inc.

Apotex Corp., Apotex, Inc., and Torpharm, Inc., (collectively, “Apotex”) and Impax Laboratories, Inc., appeal judgments entered against them by the United States District Court for the Southern District of New York. Apotex and Impax were defendants in a multidistrict litigation initiated by plaintiffs Astrazeneca AB, Aktiebolaget Hassle, KBI-E, Inc., KBI, Inc., and Astrazeneca LP (collectively... More...   $0 (08-20-2008 - NY)

Kimberly A. Moseley, M.D. v. Ricahrd Sinicki, et al.

In this original petition we consider two primary issues with regard to petitioner’s NRCP 25 motion to dismiss a deceased plaintiff’s loss of consortium claim. First, we address whether a defendant party who files a suggestion of death on the record is required to name a successor or personal representative for the deceased plaintiff to trigger NRCP 25’s 90-day limitation period. We clarif... More...   $0 (07-31-2008 - NV)

Sohail Nasim v. Los Robles Regional Medical Center

A doctor loses his hospital privileges because he did not comply with a hospital rule. Because the rule was applied retroactively, it was impossible for the doctor to comply. We conclude the doctor was denied a vested right. Defendant Los Robles Regional Medical Center (Hospital) appeals a judgment that granted a writ of mandate and overturned the Hospital's administrative decision. The Hospital's... More...   $0 (08-19-2008 - CA)

State ex rel. Stephanie Sasnett, Maris Sasnett, Bryan Sasnett, and Mandy Vierthaler v. Honorable Kelly Moorhouse, Judge, Div. 9, Circuit Court of Jackson County, Missouri

On December 21, 2005, Stephen Sasnett was killed in an automobile accident at the intersection of 18th and Charlotte in Kansas City, Missouri. The accident occurred when Tina Jons ran the red light controlling her course of travel. A vehicle driven by Ronald Brooks struck Ms. Jons's vehicle. Ms. Jons's vehicle became airborne and landed on Stephen Sasnett's vehicle, causing his death.

On Ju... More...
   $0 (08-15-2008 - )

American Civil Liberties Union of New Mexic (ACLU) v. City of Albuquerque

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between the inj... More...   $0 (07-30-2008 - NM)

David Johnson Bryson v. Sam Gonzales

David Bryson was convicted of rape and spent 19 years in jail until exonerated by DNA evidence. He then sued Oklahoma City and a number of officials, including Police Chemist Joyce Gilchrist, District Attorney Robert Macy, and former Oklahoma City Police Chief Sam Gonzales, alleging that they falsely procured his original conviction and then prevented him from obtaining access to DNA evidence that... More...   $0 (07-30-2008 - OK)

Golden Gate Water Ski Club v. County of Contra Costa, et al.

Golden Gate Water Ski Club (the Club), a private nonprofit organization dedicated to the recreational sport of water skiing, appeals from an order denying its petition for writ of mandate and from a judgment dismissing its complaint. The trial court’s rulings leave in place an order by the Contra Costa County Board of Supervisors (the Board) ordering destruction and removal of all the dwelling u... More...   $0 (07-27-2008 - CA)

Gallagher Headquarters Ranch Development, Ltd. v. City of San Antonio, City Public Service, and San Antonio Water System

Gallagher Headquarters Ranch Development, Ltd., Christopher Hill and Julie Hooper (collectively referred to as "Hill") appeal the trial court's summary judgment in favor of the defendants, the City of San Antonio, City Public Service, and San Antonio Water System (collectively, the "City"). The underlying lawsuit concerns the City's placement of an electrical transmission line across open space pa... More...   $0 (07-25-2008 - TX)

Anthony Jackson and James Nunez v. City of Texas City and Debbie Lesco, City Civil Service Director

Appellants Anthony R. Jackson and James Nuñez filed suit against the City of Texas City and Debbie Lesco, in her capacity as city civil service director, (collectively, Texas City) seeking declaratory and injunctive relief related to their dismissal from the fire department. Jackson and Nuñez alleged that Texas City violated their rights to appeal their dismissals under the Civil Service Act (th... More...   $0 (07-25-2008 - TX)

Dennis Werbowski and Susan Werbowski v. Red Shield Insurance Company

In this breach of contract action under an insurance policy, the trial court entered a general judgment in favor of defendant, and also awarded defendant attorney fees under ORS 36.425(4). Plaintiffs appeal, challenging only the award of attorney fees, and we affirm.

The facts are not disputed. Plaintiffs' breach of contract claim was referred to court-annexed arbitration. ORS 36.400 to 3... More...
   $0 (07-24-2008 - OR)

Brenton R. Smith v. Selma Community Hospital

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals.

Smith invoked the next stage of the peer review process by requesting a formal hearing.

The judicial review committee sat as a trier of ... More...
   $0 (07-22-2008 - CA)

James and Carol DeHaven v. Don and Sherrie Hall

[¶1.] James and Carol DeHaven (DeHavens) appeal from a judgment declaring that Don and Sherrie Hall (Halls) possess a permanent right-of-way easement over DeHavens' property, ordering Halls to reasonably maintain and repair the easement, and granting DeHavens $2,358 in damages as well as taxation of disbursements. Halls filed a notice of review. We affirm in part, reverse in part, and remand.
... More...
   $0 (07-19-2008 - SD)

Pleasant Glade Assembly of God, et al. v. Laura Schubert

This appeal concerns the tension between a church's right to protection under the Free Exercise Clause of the First Amendment and a church member's right to judicial redress under a claim for intentional tort. U.S. Const. amend. I; see also Tex. Const. art. I, § 6. The court of appeals generally affirmed the judgment in favor of the church member, concluding, among other things, that the church wa... More...   $0 (06-28-2008 - TX)

State ex rel. A. Carlton Young, and Arline E. Young v. The Honorable Gael D. Wood

Relators seek a writ of mandamus ordering dismissal of a wrongful death claim brought by the decedents of a man killed while hunting on Relators' property. Because Relators are entitled to immunity under Missouri's Recreational Use Act ("RUA"),(FN1) the alternative writ of mandamus is made peremptory.

II. Facts

Relators, the Youngs, gave permission to James Shaw and John Hartnagel to e... More...   $0 (06-19-2008 - MO)

Tony Hanig v. City of Winner

Tony Hanig applied to the City of Winner, South Dakota, for a liquor license for a proposed restaurant and lounge. The City Council unanimously denied the application after a public hearing at which a city building inspector advised that Hanig's site plan was inadequate and Hanig said he was not sure whether he would employ exotic dancers at the lounge. Hanig applied in state court for a writ ... More...   $0 (06-09-2008 - ND)

Liutauras Dargis v. Michael F. Sheahan, Sheriff of Cook County, et al.

Beginning in 1982, Liutauras Dargis was employed as a correctional officer with the Cook County Sheriff's Office. In February 2000, Dargis suffered a stroke while on duty. When Dargis attempted to return to work in July 2001, the Sheriff's Office declined to reinstate him due to physical restrictions imposed by Dargis's physician, placing him instead on leave without pay. After exhausting h... More...   $0 (05-17-2008 - IL)

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