Carolyn Lee and Keith Cummings v. Daniels & Daniels |
This is an appeal from an arbitration award in favor of appellee, Daniels & Daniels. In an opinion and judgment dated February 13, 2008, we reversed the trial court's judgment in part and remanded for entry of judgment consistent with our opinion because we concluded the trial court erred in affirming portions of the arbitration award. Appellants filed a motion for rehearing. We grant the motion f... More... $0 (05-16-2008 - TX) |
In re Marriage Cases |
In Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055 (Lockyer), this court concluded that public officials of the City and County of San Francisco acted unlawfully by issuing marriage licenses to same-sex couples in the absence of a judicial determination that the California statutes limiting marriage to a union between a man and a woman are unconstitutional. Our decision in ... More... $0 (05-16-2008 - CA) |
Antelope Valley Press v. Steve Poizner, etc., et al. |
This case poses the specific question whether, for purposes of worker's compensation insurance, persons who make deliveries of newspapers for the newspaper publisher Antelope Valley Press (AVP) are independent contractors or employees. The question arises not under a claim for worker's compensation benefits by one of the newspaper carriers (carriers), but rather with respect to the insurance p... More... $0 (04-30-2008 - CA) |
Frederick Eldred Rennek v. Michael J. Astrue |
Frederick Eldred Renneke (Renneke), a past recipient of Supplemental Security Income benefits, appeals the district court's1 sua sponte dismissal of his case for lack of subject matter jurisdiction based on Renneke's failure to exhaust administrative remedies. Upon de novo review, see In Home Health, Inc. v. Shalala, 272 F.3d 554, 559 (8th Cir. 2001) (holding a district court's dismissal for l... More... $0 (04-25-2008 - NE) |
Stephanie Williams v. William Colthurst |
This appeal arises from a landlord-tenant dispute. William and Yuko Colthurst (the landlords) leased their home in Tyler to Tim and Stephanie (Scholler) Williams (the tenants) in a written lease signed on March 6, 2000. The lease provided for a term of two years beginning on May 1, 2000, and ending April 30, 2002. The landlords= home was available for lease for an extended period of time becaus... More... $0 (04-04-2008 - TX) |
The City of Grey Forest v. Glen W. Vernon |
The City of Grey Forest ("Grey Forest") appeals the trial court's judgment in favor of appellees, Glen W. Vernon, Denise G. Vernon, and Paul Granado, and award of damages and attorney fees. We reverse and render judgment. Background On August 18, 1971, Grey Forest annexed 47.67 acres of land, commonly referred to as the "Coggeshall subdivision," into the city limits. On February 26, 19... More... $0 (04-04-2008 - TX) |
Hollywood Park Humane Soceity v. Town of Hollywood Park |
This matter involves a dispute over methods used to control the deer population within the Town of Hollywood Park ("the Town"). The Hollywood Park Humane Society ("the Humane Society") and several Hollywood Park residents brought suit against the Town contesting several Town ordinances related to the management of the deer. Ultimately, the case proceeded to trial with the Humane Society and a sing... More... $0 (04-04-2008 - TX) |
International game Technology, Inc. v. James McAndrews |
In this original petition for extraordinary relief, we examine statutory provisions that afford remedies to whistleblowers who are retaliated against for lawfully disclosing information regarding purportedly fraudulent activity in furtherance of Nevada's False Claims Act[1] (FCA). In particular, we address whether the FCA's anti-retaliation remedies are limited to those whistleblower ... More... $0 (03-31-2008 - NV) |
J. Stephen Spencer, et al. v. Noel Douglas Vaughn, et al. |
Appellants J. Stephen Spencer and Kippling L. Spencer appeal from the trial court's orders, entered after a jury trial, granting appellees Noel Douglas Vaughn and Catherine Gay Vaughn, Kippling Spencer's parents, access to their grandchildren M.N.Y. and S.N.S. They argue that the grandparent visitation statute then in effect is unconstitutional on its face and as applied to them. They further argu... More... $0 (03-06-2008 - TX) |
State of Kansas, ex rel. Paul J. Morrison v. The Honorable Kathleen Sebelius |
During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H. Sub. S.B. 244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L. 2007, ch. 111, secs. 1-6. Although the legislature repeale... More... $0 (03-14-2008 - KS) |
Valley Advocates, et al. v. City of Fresno, et al. |
This appeal concerns an application to demolish a building located in downtown Fresno and expand a parking lot onto the cleared land. The building is one of two nearly identical 90-year-old apartment buildings located next to one another. After receiving the site plans, the City of Fresno (City) (1) decided not to list either building in the local register of historic resources, (2) rejected a... More... $0 (02-19-2008 - CA) |
California Public Employees' Retirement System, et al. v. Gary Trobee |
After the California Public Employees' Retirement System (PERS)1 rendered its adverse findings, senior information systems analyst supervisor Gary Trobee (plaintiff) continued to prosecute his whistleblower claim (Gov. Code, § 8547.3; Lab. Code, § 1102.5) without challenging those findings by mandamus. He contends he has the right to pursue a civil action for damages once the State Pers... More... $0 (02-15-2008 - CA) |
Ladzinske v. Allen, et al. |
Academy of America, Inc. leases to Academy of Lithonia, Inc. the facilities necessary for it to operate as a charter school. Beginning in 2001, the DeKalb County Department of Public Works considered the charter school to be exempt from the local zoning ordinance, and granted all necessary building permits and certificates of occupancy. In November 2003, the County issued a permit for the con... More... $0 (01-17-2008 - GA) |
Masteneh Ahmadi-Kashani v. The Regents of the University of California, et al. |
Masteneh Ahmadi-Kashani appeals from a judgment entered against her after the court granted a motion for summary judgment. Ahmadi-Kashani sued her employer, The Regents of the University of California, and her supervisor, Mani Vannan, M.D. (collectively the Regents), alleging sexual harassment in violation of the Fair Employment and Housing Act (FEHA). The court granted the summary judgment af... More... $0 (01-31-2008 - CA) |
Roger Szewczyk v. the Board of Fird and Polic Commissioners of the Village of Richmond, Illinois, et al. |
Plaintiff, Roger Szewczyk, served as a sergeant in the Village of Richmond (Village) police department from 1995 to 1999. In 1999, Kevin Brusek, then the Village president, appointed him police chief. In 2005, Brusek sent plaintiff a letter announcing that he was "terminated" from office. After three votes, the five members of the Village board of trustees voted four to one to end plaintiff's ... More... $0 (01-18-2008 - IL) |
Bobby Ford v. Roger E. Walker, Jr., et al. |
Plaintiff, Bobby Ford, an inmate in the Illinois Department of Corrections (DOC), filed a complaint against defendants, Roger E. Walker, Jr. (DOC's Director); Administrative Review Board (Administrative Board) person Sherry Benton; Illinois Prisoner Review Board (Prisoner Review Board) Chairman Norman Suna; Formal Head Warden Designee Unknown "PP"; Adjustment Committee Chairperson David A. L... More... $0 (01-29-2008 - IL) |
Security National Guaranty, Inc. v. California Coastal Commission, et al. |
The principal question that we must resolve in this appeal is whether the California Coastal Act of 1976, Public Resources Code section 30000 et seq. (the Coastal Act)1 empowers the California Coastal Commission (the Commission) to declare that property is an "environmentally sensitive habitat area" (ESHA) (§ 30240) during an administrative appeal from a local government's grant of a coas... More... $0 (01-25-2008 - CA) |
Voyles v. McKinney, et al. |
Joe Voyles was cited for certain city code violations in connection with the construction of a retaining wall on a lake located in the City of Berkeley Lake ("City"). Berkeley Lake Municipal Court Judge Jan McKinney, the only municipal court judge in the City, was assigned to hear Voyles' case. Shortly before an initial hearing on March 14, 2007, Voyles filed at least twelve motions, and... More... $0 (01-08-2008 - GA) |
Edward C. Norton v. San Bernardino City Unified School District |
We hold Plaintiff Edward C. Norton must be reinstated to his former position as director of building services of defendant San Bernardino City Unified School District (the District), including his former duties, responsibilities and salary as director. We therefore direct issuance of a writ compelling the District to do so. Norton was terminated from his employment as the District's direc... More... $0 (01-08-2008 - CA) |
The Village of Oak Lawn |
Plaintiff, the Village of Oak Lawn (Oak Lawn), brought a declaratory judgment action against defendant, Joseph Faber, its former long-time employee and village manager, alleging that prior to the date a newly elected village board of trustees was to take office, the outgoing village board voted to terminate Faber's employment so that he could claim a severance package totaling nine months... More... $0 (12-21-2007 - IL) |
Douglas Campbell, et al. v. PMI Food Equipment Group, Inc., et al. |
PMI Food Equipment Group, Inc. closed its plant in Dayton, Ohio in 1995 and moved the operation to Piqua, Ohio after signing a tax-abatement agreement with the City of Piqua, Miami County, and the state of Ohio that resulted in favorable tax treatment for 10 years. In the process of closing its Dayton plant, PMI terminated all of the 66 hourly employees who worked there. The hourly workers ... More... $0 (12-16-2007 - OH) |
Dr. Greg and Deborah Saul v. The Honorable Stephn P. Alcorn |
1 The issue presented is whether respite/certified foster parents should have been allowed to participate in a proceeding to remove a child from their home. We hold that 10 O.S. Supp. 2002 §72081 does not divest the trial court of its duty to determine the child's best interests in a removal proceeding. Under the facts presented, a proper determination of the child's best interest requires th... More... $0 (11-13-2007 - OK) |
Leland Stahelin and Jes Ventures, LLC v. The Forest Preserve District of Du Page County and Morton Abroetum |
Plaintiffs, Leland Stahelin and JES Ventures, L.L.C., are owners of an 18-acre parcel of land bordered on three sides by defendant Morton Arboretum (Morton). Plaintiffs wish to develop the property, and defendant the Forest Preserve District of Du Page County (the District) wishes to preserve the property in its current state, for the benefit of the public. Following negotiations to buy t... More... $0 (10-10-2007 - IL) |
Time Warner Entertainment-Advance/Newhouse Partnership v. Carteret-Craven Electric Membership Corporation |
For many years, Carteret-Craven Electric Membership Corporation, a North Carolina electric cooperative, had a pole-attachment agreement with Time Warner Entertainment-Advance/Newhouse Partnership, a cable service provider, permitting Time Warner to attach its cable to Carteret-Craven Electric's utility poles. The initial fee in the 1997 renewal of the agreement provided that Time Warner p... More... $0 (11-15-2007 - NC) |
Byron Woodruff v. Board of Commissioners for Hand County, South Dakota, et al. |
[1.] Byron Woodruff sought a writ of mandamus to require Hand County to enforce a zoning ordinance and prohibit the construction of a "hog barn" located near his residence. The circuit court denied mandamus relief. We affirm. [2.] Stan and Mike Kopfmann obtained a Hand County building permit to construct the hog barn for 960 animal units. Woodruff, who resided 1.8 miles away, requested the ... More... $0 (11-08-2007 - SD) |
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