The University Professionals of Illinois, Local 411, etc. v. James Stukel, et al. |
Plaintiff, University Professionals of Illinois, Local 4100 of the Illinois Federation of Teachers, is a labor organization that represents workers employed by state universities (Local 4100). Plaintiff, Mitchell Vogel, is the president of Local 4100. The Illinois Board of Higher Education (IBHE) is a public body that coordinates educational, research, and public service programs for the state $0 (12-15-2003 - IL) |
Lavonda Gray and Lavonda Gray, as Surviving parent of Labroderick Gray v. The City of Galveston, The County of Galveston, and The Park Board of Trustees of the City of Galveston |
Appellant Lavonda Gray, individually and as the surviving parent of Labroderick Gray ("Gray"), appeals the dismissal of her wrongful death suit against appellees, the City and County of Galveston, and the City's Park Board of Trustees. In one issue, Gray contends the trial court erred by granting appellees' pleas to the jurisdiction. Because all dispositive issues are clearly settled in law, $0 (12-12-2003 - TX) |
State of Oregon v. Robert J. Orians |
In this mandamus proceeding, relator, a defendant in a criminal proceeding, asks this court to compel the trial judge to dismiss an indictment pursuant to a civil compromise under ORS 135.705, set out below. Relator argues that the trial judge had agreed that she would dismiss the indictment against him under certain conditions and that he has complied with those conditions. Because the trial j $0 (03-27-2003 - OR) |
CLINTON WALKER v. HON. SHARON WALTON, et al. |
{1}Two metropolitan court judges, Judge Sharon Walton and Judge Sandra Clinton (Appellants), appeal a district court order granting a petition for writ of prohibition and writ of superintending control in favor of Defendant Clinton Walker (Defendant). The district court determined that Defendant's notice of excusal with respect to Judge Walton, which he filed within ten days of his rearraignment o $0 (05-20-2003 - NM) |
Steve Schifando v. City of Los Angeles |
We granted review to determine whether a city employee must exhaust both the administrative remedy that the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (FEHA) provides and the internal remedy that a city charter requires before filing an FEHA disability discrimination claim in superior court. We conclude the employee need not exhaust both administrative remedies, a $0 (12-01-2003 - CA) |
Sandra Abraham v. Workers' Compensation Appeals Board v. City of Buena Park |
In this appeal, Sandra Abraham (appellant) challenges a judgment of the superior court denying her petition for writ of administrative mandamus against the Workers' Compensation Appeals Board (WCAB). The City of Buena Park (the city), appellant's former employer, appeared as the real party in interest in the proceeding below. We affirm the judgment, finding the court was without jurisdiction $0 (12-01-2003 - CA) |
Dayside Inc. v. Distrist Court |
This original petition for a writ of mandamus or certiorari challenges a district court order that granted the real party in interest partial summary judgment on petitioner's mechanic's lien foreclosure claim for relief and dismissed the accompanying lien. The district court ruled that a construction contract executed by petitioner and the real party in interest contained an enforceable mechan $0 (08-29-2003 - NV) |
Governor v. Nevada State Legislature |
On July 10, 2003, we entered an opinion in this matter partially granting the Governor's petition for a writ of mandamus and denying the counter-petition filed by twenty Legislators. Our opinion directed this court's clerk to issue a writ directing the Legislature "to proceed expeditiously with the 20th Special Session under simple majority rule." The impetus for the writ petition, and our op $0 (09-17-2003 - NV) |
Steven Leibowitz v. Distrist Court |
The law firm of Ecker & Standish was disqualified from representing petitioner Steven Leibowitz pursuant to our decision in Ciaffone v. District Court,[1] which addressed imputed disqualification based upon employment of a nonlawyer employee who had access to confidential or privileged information of an adverse party during the course of the employee's prior employment. For the reasons set fo $0 (11-03-2003 - NV) |
JacQaus L. Martin, appellee and cross-appellant, v. Nebraska Department of Correctional Services et al., appellants and cross-appellees. |
The plaintiff, JacQaus L. Martin, was committed to the custody of the Department of Correctional Services (DCS) on May 30, 1990, and is incarcerated at the Tecumseh State Correctional Institution (TSCI). Martin has been found guilty of misconduct at various disciplinary hearings and, as a result, has forfeited 32 months 15 days of good time. Of that time, forfeiture of 19 months 15 days was n $0 (11-21-2003 - NE) |
DaimlerChrysler Corporation (f/k/a Chrysler Corportion), Chrysler Corporations and Chrysler v. Bill L. Inman, et al. |
Class Actions: DaimlerChrysler Corporation has filed and argued an interlocutory appeal with this Court challenging the trial court's certification of two nationwide classes for purposes of suing DaimlerChrysler on claims arising out of its design, manufacture, marketing, and sale of automobiles equipped with defective seatbelts. On appeal, DaimlerChrysler argues that the certification orders m $0 (11-21-2003 - TX) |
David J. Gallo v. United States District Court for the District of Arizona |
Movant-Appellant David J. Gallo ("Gallo") appeals from the District Court's order that pursuant to an amendment to Rule 1.5 of the Local Rules of the United States District Court for the District of Arizona ("Rule 1.5"), Gallo no longer may appear before the District of Arizona without successful completion of a pro hac vice application.1 In his appeal, he argues that the rule is unconsti $0 (11-20-2003 - AZ) |
State of Missouri ex rel. Addington Stewart, Individually and on Behalf of Other Similarly Situated African American Firefighters v. Civil Service Commission of the City of St. Louis, John H. Clark, et al. |
The Civil Service Commission of the City of St. Louis, along with its members, (the Commission) appeals from the trial court's judgment prohibiting it from using promotional lists for battalion chief and fire captain that had previously expired. The Commission contends that the trial court erred in denying its motion to dismiss for lack of standing, issuing a writ of prohibition on a petition that $0 (11-18-2003 - MO) |
Walter H. Taylor v. Lockheed Martin Corportation |
Does an arbitration decision under a collective bargaining agreement (CBA) have preclusive effect in a civil suit for retaliatory discharge under Labor Code section 6310, subdivision (b)? We conclude it does not, unless (1) the CBA clearly and unmistakably provided for binding arbitration of the employee's statutory claim under the Labor Code, and (2) the arbitration was conducted in a manner $0 (11-17-2003 - CA) |
William C. Heffron v. The District Court of Oklahoma County and Scott Dallas, Real Party in Interest |
1 This cause presents a discovery dispute in a suit brought by plaintiff/petitioner, William C. Heffron against defendant/real party in interest respondent, Illinois Emcasco Insurance Company.1 Although the suit-initiating trial court petition is not before us, it appears he sues to recover on an insurance policy (contract theory) and for bad faith denial of his insurance claim (tort theory) re $0 (10-13-2003 - OK) |
Brandi R. Fox v. Ethicon Endo-Surgical, Inc. |
Appellant Brandi Fox (Fox) filed a medical malpractice action against her surgeon, asserting his negligence during surgery caused a perforation of her small intestine and subsequent complications. During his deposition, the surgeon first raised the possibility that the perforation was caused by a malfunctioning stapler. Fox then filed an amended complaint asserting a products liability caus $0 (11-05-2003 - CA) |
Timothy F. Butler v. Biocore Medical Technologies, Inc. and Biocore, Inc. |
This case is an appeal from an order of the District Court for the District of Kansas, finding that Appellant, attorney Tim Butler, violated the Kansas Code of Professional Conduct and the Kansas Rules of Professional Conduct. Biocore Med. Techs., Inc. v. Khosrowshahi, 181 F.R.D. 660 (D. Kan., 1998). Butler asks this court to vacate these findings. For the reasons detailed below, we decline to $0 (11-05-2003 - KS) |
Mandy Chaffin, et al. v. Kansas State Fair Board, et al. |
Plaintiff-Appellees are disabled persons who have attended the Kansas State Fair in the past, and who plan to attend future fairs. They alleged intentional discrimination and violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, by Defendants-Appellants the State of Kansas, the Kansas State Fair Board, its members, and the general manager of the fair. Pla $0 (10-29-2003 - KS) |
Nasrulla Khan, Plaintiff-Appellant v. Glenn J. Mecham; Rocky J. Fluhart; Jon Greiner; A.K. Greenwood; Ogden City Council; Ogden City Corporation; Ralph W. Mitchell; Glen V. Holley; Kenneth J. Alford; Garth B. Day; Rick J. Mayer; Jesse M. Garcia; Adele Smith, Defendants-Appellees |
Plaintiff-appellant Nasrulla Khan appeals the dismissal of his 42 U.S.C. § 1983 action against the City of Ogden, Utah, certain City employees, and members of the Ogden City Council for allegedly failing properly to investigate and to prosecute Khan's claims that he was the victim of harassing phone calls and stalking. The harassing phone calls were limited to hang-ups, and the evidence of stal $0 (10-29-2003 - KS) |
David M. Dixon v. Regents of the University of California, et al. |
Appellant, David M. Dixon, M.D., brought this action against the Regents of the University of California (the Regents) for wrongful termination under the Fair Employment and Housing Act (FEHA) based upon employment discrimination and harassment. Dixon had been employed in the UCLA School of Medicine Residency Training Program, a three-year program with reappointments made each year. At the $0 (10-24-2003 - CA) |
Hossain Sahlolbei v. Providence Healthcare, Inc., et al. |
Plaintiff Hossain Sahlolbei, M.D., appeals from the denial of his motion for a preliminary injunction in this action arising from the termination of his privileges as a member of the staff of Palo Verde Hospital (PVH). We conclude PVH was required to provide plaintiff with a hearing prior to, not after, terminating his staff membership, and that plaintiff was entitled to an injunction reinsta $0 (10-24-2003 - CA) |
Bartlett Memorial Medical Center, Inc., et al. v. Tommy G. Thompson, Secreatry of the Department of Health and Human Services |
The Medicare Act, 42 U.S.C. §§ 1395 et seq., contains a "disproportionate share hospital" (DSH) provision which permits additional reimbursement to hospitals that handle a disproportionate share of low-income patients. In the mid-1990s, many hospitals, including Plaintiffs, sued the Secretary(1) of Health and Human Services (HHS), claiming that his regulations improperly interpreted this provis $0 (10-22-2003 - OK) |
State of Missouri, ex rel. Jeremiah W. (Jay) Nixon, Attorney General, and Director of Revenue, Relators, v. The Honorable Robert L. Campbell, Senior Circuit Judge, 21st Judicial Circuit, St. Louis County. |
The Director of Revenue (hereinafter, "Relator") filed a Petition for Writ of Prohibition seeking to prevent the Honorable Robert J. Campbell (hereinafter, "Respondent") from remanding a petition for judicial review to the Administrative Hearing Commission (hereinafter, "the Commission") for further consideration. Our preliminary order is made absolute. This Court has elucidated the complex $0 (10-21-2003 - MO) |
In re: Ford Motor Company and Bridgestone/Firestone North American Tire, LLC |
Several hundred products liability lawsuits filed in federal court against Ford Motor Company and Bridgestone/Firestone North American Tire, LLC (Firestone) concerning the allegedly defective designs of certain models of Firestone tires and the Ford Explorer are currently consolidated for pretrial proceedings in the Southern District of Indiana.1 This matter addresses 121 of those cases. Eac $0 (09-15-2003 - IN) |
State ex rel., USAA Casualty Insurance Company, et al. v. The Honorable Michael P. David, Presiding Judge of the Missouri Circuit Court, 22nd Judicial Circuit. |
Relator, USAA Casualty Insurance Company ("USAA") seeks a permanent writ of mandamus following the denial of its motion to transfer for improper venue. USAA asserts that the trial court should have granted its motion because venue was improper in the Circuit Court of the City of St. Louis, and a writ of mandamus compelling the trial court to grant USAA's motion to transfer for improper venue is pr $0 (09-09-2003 - MO) |
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