In this case, we consider the limits of a trial court's broad discretion when deciding whether to dismiss on forum-non-conveniens grounds an action brought by a claimant who is not a legal resident of the United States. We conclude that, though by its terms the forum-non-conveniens statute is permissive, the deference it affords trial courts is not without bounds. As with other discretionary... More...   $0 (11-05-2007 - TX)

David Gehl appeals from an order denying his petition for a writ of mandamus seeking email communications from Dane County officials under the public records law. He asserts that, prior to the time of his request, the County improperly deleted emails that may have been responsive to his request, and he seeks access to whatever portion of the deleted emails that may still exist on discarded bac... More...   $0 (10-18-2007 - WI)

Structured Capital Resources Corporation (SCR) seeks relief from the trial court's order denying arbitration of its contract dispute with Arctic Cold Storage, LLC and Mickey Cox (collectively ACS). SCR has sought relief by petition for writ of mandamus based on the Federal Arbitration Act (FAA) and by interlocutory appeal based on the Texas Arbitration Act. We consolidate the two proceedings.... More...   $0 (10-25-2007 - TX)

At issue in this case is the right to a jury trial in an admiralty case. Lockheed Martin owns a ship that was damaged at sea, and a dispute over insurance coverage arose between Lockheed and its insurer, National Casualty Company. National filed a declaratory judgment action in district court, designating the action as one proceeding under the court's admiralty jurisdiction and thus with... More...   $0 (10-05-2007 - MD)

In this petition, we address an important issue regarding access to justice - we consider whether a non-English speaking litigant is entitled to have a volunteer interpreter appointed to assist him or her in a justice court small claims proceeding. And, when no volunteer interpreter is available, we consider whether the justice court has discretion to appoint a state-registered interpreter, at... More...   $0 (09-20-2007 - NV)

This case comes to us by way of an original petition for a writ of mandamus or prohibition. In granting this petition in part, we consider and determine the scope of Nevada's residential constructional defect statutes, contained within NRS Chapter 40 from NRS 40.600 through NRS 40.695. In general, this legislation sets forth rights and remedies of homeowners, developers, and building contrac... More...   $0 (09-20-2007 - NV)

This appeal is the latest in the rapidly-evolving jurisprudence addressing, in light of City of Houston v. Williams, (1) the extent to which governmental immunity bars suits arising from alleged violations of local government code chapter 143. Mark Whiteaker, a lieutenant in the Round Rock Fire Department, sued the City of Round Rock and its fire chief, Larry Hodge (collectively, the City), cl... More...   $0 (09-25-2007 - TX)

Plaintiffs appeal the district court's order dismissing their suit under Rule 12(b)(6). Plaintiffs, six former distributors of the Houston Chronicle, a newspaper owned by defendants (Hearst), brought this suit against Hearst alleging breach of contract, wrongful termination under Sabine Pilot Service Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985),1 and antitrust claims. Five of the six plaintif... More...   $0 (09-25-2007 - TX)

[The Ordinance sought] to protect the owners ... More...   $0 (09-19-2007 - CA)

There is indeed a serious policy issue in this appeal. ... More...   $0 (09-17-2007 - GA)

2 The following are basic facts gleaned from ... More...   $0 (03-15-2007 - OK)

I agree that all controversies which may arise between us, including but not limited to those involving any transaction or the c... More...   $0 (09-05-2007 - TX)

After losing a substantial investment in the Enron debacle, two investors sued their investment advisor and his firm. Although they had signed contracts with the firm containing broad arbitration clauses, they sought to avoid them on grounds that (1) the firm had changed its name, and (2) the employee did not sign the contracts in his personal capacity. Because all the other terms of the partie... More...   $0 (08-24-2007 - TX)

Seagate Technology, LLC ("Seagate") petitions for a writ of mandamus directing the United States District Court for the Southern District of New York to vacate its orders compelling disclosure of materials and testimony that Seagate claims is covered by the attorney-client privilege and work product protection. We ordered en banc review, and now grant the petition. We overrule Underwater Devi... More...   $0 (08-22-2007 - DC)

Appellant Michael R. Benbo, an indigent inmate at the time of the filing of this lawsuit, appeals from orders 1) transferring venue and 2) dismissing his suit against a multitude of defendants. Through the suit, he sought damages for medical malpractice purportedly committed on his toe and involving the treatment of a fungus. He purportedly contracted the fungus while incarcerated. We affirm b... More...   $0 (07-24-2007 - TX)

This cause arises under 42 U.S.C. § 1983. Marco Outdoor Advertising, Inc., ("Marco") contends that the Regional Transit Authority ("RTA") deprived it of property without due process of law when, in violation of the Louisiana Public Bid Law, La. R.S. § 38:2211, et seq. ("Public Bid Law"), RTA arbitrarily awarded an advertising contract ("Contract") to an inferior bidder, Clear Channel Outd... More...   $0 (06-16-2007 - LA)

Ed Vanegas, Jimmy D. Halman, Sam Armstrong, Alex Carbajal, Roger Farrington, Curtis Huff, and Tito Betancur (appellants) brought this action against American Energy Services (AES) and its former shareholders, Niewoehner Partnership, L.P., RCH/HSJ/CCM/MCP I, L.P., Autry Stephens, John Carnett, Brack Blackwood, and Dennie Martin (appellees). Appellants were at-will employees of AES. Appellant... More...   $0 (05-14-2007 - TX)

Is the Court of Appeals lawfully constituted? Defendant Lincoln Loan Co. argues that it is not, because -- in defendant's view -- the provision of the Oregon Constitution that purports to authorize the legislature to establish courts was improperly adopted in 1910. It therefore follows -- again, in defendant's view -- that, when the legislature created the Court of Appeals by statute in 1969, i... More...   $0 (04-24-2007 - OR)

In this declaratory judgment action, a jury found that Tommie Thomas ("the Sheriff") did not act in good faith when he arbitrarily denied Webworld Marketing Group, L.L.C.'s application for a Sexually Oriented Business ("SOB") permit. The trial court granted the Sheriff's motion for judgment notwithstanding the verdict ("JNOV") and denied all relief Webworld sought against the Sheriff. In its s... More...   $0 (03-23-2007 - TX)

James and Rachel Drain, through their attorney Mike Bello, brought suit against Wells Fargo Bank, Minnesota, N.A. as trustee for ITLA Mortgage Loan Securitization 2002-1, LLC ("Wells Fargo"), Accredited Home Lenders, Inc., Fairbanks Capital Corp. ("Fairbanks"), and Basmajian T. Doyle,(1) alleging violations of several state and federal consumer protection laws. After Bello engaged in numerous i... More...   $0 (03-16-2007 - NM)

On the evening of January 16, 2004 Courtney Foreman was a passenge... More...   $0 (03-09-2007 - TX)

Plaintiff brought this action under 28 U.S.C. § 1361 to compel investigation and prosecution of complaints he had submitted to the Attorney General alleging illegal activity by the Treasury Department's Office of Inspector General and the Judiciary Committee of the U.S. House of Representatives. He also requested "the right to seek civil damages" to redress "the criminal acts perpetrated again... More...   $0 (01-25-2007 - UT)

This appeal poses important questions about the application and interpretation of the one-year statute of limitations for bringing disciplinary charges against police officers. (See Gov. Code,1 § 3304, subd. (d) (hereafter § 3304(d)).)2 In this matter, the trial court denied a petition for writ of mandate and for injunctive relief filed by appellant Gregory W. Breslin and three other San Fr... More...   $0 (01-17-2007 - CA)

Plaintiff DEX Media, Inc., (DEX) brought claims against defendant National Management Services, Inc., (NMS) for breach of contract and for services sold and delivered. NMS brought a counterclaim alleging breach of a separate agreement. DEX appeals from the trial court's order denying its motion to compel arbitration of NMS's counterclaim. We reverse and remand for entry of an order compelling a... More...   $0 (01-10-2007 - OR)

Circuit Judge. This case involves a federal takings claim arising from the City of Rittman's operation of water wells that allegedly caused damage to plaintiffs. In our initial review of the district court's judgment, we requested that the Supreme Court of Ohio answer an important question of first impression involving a property owner's interest in the groundwater beneath his property. T... More...   $0 (01-09-2007 - OH)