Fulton County, et al. v. Congregation of Anshei Chesed |
The Congregation of Anshei Chesed, acting on behalf of the owner of a one-acre tract of land in Fulton County, filed an application with Fulton County for a use permit that would authorize use of the property, zoned residential and containing a single-family residence, as a place of worship. The Congregation also sought variances to alter a setback requirement and to delete an on-site parking $0 (10-18-2002 - GA) |
City of Miami v. Post-Newsweek Stations Florida, Inc., etc., et al. |
On February 7, 2001, a 911 emergency call prompted the City of Miami Police to respond to a domestic dispute between Mayor Carollo and his wife at the Carollos' residence. The police incident report notes that Mrs. Carollo had a golf-ball size hematoma on her left temple, and states that Mrs. Carollo said her husband struck her with a hard object. Mayor Carollo was subsequently arrested and $0 (10-10-2002 - FL) |
District of Columbia v. The Honorable Natalia M. Combs Greene, et al. |
The District of Columbia and Verizon South, Inc.1 have a dispute arising out of a contract for services entered into in 1999 in anticipation of computergenerated problems resulting from the Y2K bug. The District claims that Verizon South did not fully perform and Verizon South claims that the District still owes $2 million. The substance of their contract claims has not been finally decided, h $0 (09-10-2002 - DC) |
Rhode Island Department of Environmental Management, et al. v. United States of America, et al. |
The State of Rhode Island brought suit in the district court seeking to enjoin certain federal administrative proceedings on the ground that the proceedings infringed upon the state's constitutionally protected sovereign interests. Finding the state's arguments convincing, the district court enjoined the United States Department of Labor and three employees of a Rhode Island state agency from proc $0 (09-09-2002 - RI) |
Michael Scott Hoover v. State of Oklahoma |
1 Michael Scott Hoover was tried by jury and acquitted of several counts of lewd molestation in the District Court of Oklahoma County, Case Nos. CF-97-3462 and CF-98-4543. On March 3, 2000, Hoover filed a Petition for Expungement and Sealing of Record resulting from these charges in the District Court. After an April 17, 2000, hearing, the trial court denied Hoover's motion for expungement. Hoover $0 (06-07-2001 - OK) |
Maria Aguinda, et al. v. Texaco, Inc. |
These are consolidated appeals from judgments of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) dismissing two putative class actions for forum non conveniens. Plaintiffs are residents of the Oriente region of Ecuador and an adjoining area in Peru. Defendant is Texaco, Inc. ("Texaco"), a United States-based oil company, which, at the pertinent time, w $0 (08-31-2002 - NY) |
John Daniel Reyes v. City of Lynchburg |
Plaintiff John D. Reyes appeals the district court's grant of summary judgment to the City of Lynchburg ("the City") on Reyes's 42 U.S.C. S 1983 claim. Reyes sought nominal damages under S 1983, an injunction against future enforcement of the City's parade ordinance, and a declaration that the City's parade ordinance was unconstitutional on its face and as applied to him. The district court foun $0 (08-06-2002 - VA) |
Vogel Denise Newsome v. Equal Employment Opportunity Commission "EEOC", et al. |
Vogel Denise Newsome ("Newsome") appeals the district court's dismissal of her complaint against the Equal Employment Opportunity Commission and three of its employees (collectively, "EEOC"), for failure to state a claim upon which relief can be granted and for frivolity. Finding that this appeal is frivolous, we DISMISS the appeal and place Newsome on NOTICE that future frivolous appeals may subj $0 (08-06-2002 - LA) |
Leonard Moschcau, et al. v. Mohave County, et al. |
1 In this opinion, we determine that a county's imposition of a transaction privilege tax pursuant to the authority of Arizona Revised Statutes section 42-6103 (Supp. 2001) is a "legislative" act subject to the initiative power reserved to the citizens of the county under Article 4, Part 1, Section 1(8) of the Arizona Constitution. BACKGROUND 2 Section 42-6103 authorizes small Arizona coun $0 (07-12-2002 - AZ) |
Preferred Sites, LLC v. Troup County |
This case involves an application of the Telecommunications Act of 1996 (TCA) to the land use decisions of a local government. Pub. L. No. 104-104, 110 Stat. 56 (codified in scattered sections of 15 and 47 U.S.C.). Preferred Sites, LLC (Appellee) filed suit against Troup County, Georgia (Appellant), alleging the county's Zoning Appeals and Planning Board (the Board) violated § 704(a) of the TCA by $0 (07-10-2002 - GA) |
Sandra Halsey v. Dallas County, Texas |
Sandra Halsey brings this interlocutory appeal of a denial of her motion for summary judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon Supp. 2001). Halsey brings one point of error contending she was protected by derived judicial immunity, and therefore, the trial court erred in denying her motion for summary judgment. For the reasons set forth below, we reverse and render summary ju $0 (05-30-2001 - TX) |
County Security Agency, et al. v. The Ohio Department of Commerce v. Michael J. Betzold |
Michael J. Betzold, a freelance journalist, appeals a temporary restraining order (TRO) and superseding preliminary injunction preventing him from disclosing information contained in the registration records of private security guards working at the site of an ongoing labor dispute. Betzold received these records after requesting them from the Ohio Department of Commerce (ODC), although the ODC no $0 (07-09-2002 - OH) |
Times Publishing Company v. City of Clearwater |
Times Publishing Company (the Times) appeals a circuit court order denying its petition for mandamus, declaratory judgment, and injunctive relief. In the petition, the Times sought an order compelling the City of Clearwater (the City) to release as public record all e-mail sent from or received by two city employees who used government-owned computers for communication. We conclude that e-mail $0 (07-03-2002 - FL) |
Helen Foster, et al. v. Hossein Sakhai, M.D. |
Appellant Helen Foster (sometimes also referred to as "plaintiff" in the course of this opinion) and her late husband filed a medical malpractice suit against appellee Dr. Hossein Sakhai for personal injuries the Fosters alleged as a result of brain surgery performed by Dr. Sakhai upon Mr. Foster. Mr. Foster died before the case could come to trial, but at the trial, the jury awarded Mrs. Foster a $800000 (12-12-2001 - WV) |
In Re Coordinated Latex Glove Litigation |
In this opinion we discuss the two-pronged test for a strict liability manufacturing defect as applied to the production of latex gloves. (Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413, 432 (Barker).) This products liability action filed by plaintiff Christine McGinnis was the first to go to trial in a group of cases in coordinated proceedings involving allegations against various defenda $0 (06-20-2002 - CA) |
Aron Lipman v. David Dye, d/b/a Arms Merchant |
Plaintiff-appellant Aron Lipman ("Lipman") appeals from an order of the district court denying his motion to enforce and implement the terms of a settlement agreement. The underlying action was dismissed after the parties represented to the court, on the eve of trial, that their dispute had been settled. Fresh difficulties arose between the parties, however, leading Lipman to move the district cou $0 (06-17-2002 - MA) |
Jack L. Grimes v. City of Oklahoma City, et al. |
1 The instant matter concerns the constitutionality of a statute enacted by the legislature in November, 1999 pursuant to 1999 Okla.Sess. Laws, ch. 217, § 5, codified as 11 O.S. 2001, § 22-159. Also at issue are the provisions of two municipal ordinances, Oklahoma City ordinance no. 21,805 and Lawto $0 (06-04-2002 - OK) |
Douglas Moffett v. Halliburton Energy Corporation, et al. |
Moffett was employed by Halliburton as a cementer from 1989 to 1994. During this time, Halliburton maintained an Income Disability Plan, which was subject to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001, et. seq. Defendant Trustees of the Halliburton Company Employees' Trust ("Trustees"), was initially responsible for administering the Plan. The Trustees, in turn, creat $0 (05-30-2002 - WY) |
Mark Berger, et al. v. Compaq Computer Corporation |
On March 6, 1998, Compaq Computer Corporation announced that sales from one of its North American commercial channels were not meeting expectations and that there would be price reductions and aggressive promotions to reduce inventories. About a month later, Mark Berger, on behalf of all purchasers of Compaq stock between July 10, 1997, and March 6, 1998 (the "Investors"), sued Compaq and its dire $0 (01-14-2002 - TX) |
D. Eugene Arnold, et al.v. State Farm Fire and Casualty Company |
As its courts have become a mecca for plaintiffs' claims against out-of-state businesses, Mississippi is affording numerous opportunities for federal courts to explore questions of removal jurisdiction and remand. In this diversity case, the district court remanded a putative class action removed from the state court after making three decisions: (a) it implicitly ignored the remaining claims of o $0 (12-28-2001 - MS) |
Consolidated Edison Company of New York, Inc., et al. v. John D. Ashcroft |
Following decades of oil overcharge litigation under the Economic Stabilization Act of 1970, the United States Attorney General recovered a multi-million dollar judgment on behalf of thirty-seven utilities, including the three appellants. Awarded by the United States District Court for the Southern District of Alabama, that judgment included an $800,000 surcharge payable to the Attorn $800000 (04-25-2002 - DC) |
Trico Marine Services, Inc., et al. v. Stewart & Stevenson Technical Services, Inc., et al. |
In October 1996, Trico bought turbine engines from appellee/real-party-in-interest Stewart & Stevenson Technical Services, Inc. (“S&S”). Trico sued S&S and its successor GE Packaged Power, Inc. (“GE”) when the engines allegedly failed. S&S and GE moved to compel arbitration, and Trico moved to stay arbitration. After a non-evidentiary hearing, the trial judge compelled a $0 (04-11-2002 - TX) |
Earl Smith v. Santa Rosa Police Department, et al. |
Vehicle Code section 14602.6 provides for the removal, seizure and impounding for 30 days of a vehicle driven by a driver while unlicensed or while his or her driving privileges are suspended or revoked. (Veh. Code, § 14602., subd. (a).) Following notice by the impounding agency, “the registered and legal owner of a vehicle that is removed and seized . . . shall be provided the opportunit $0 (04-09-2002 - CA) |
Earl Smith v. Santa Rosa Police Department, et al. |
Vehicle Code section 14602.6 provides for the removal, seizure and impounding for 30 days of a vehicle driven by a driver while unlicensed or while his or her driving privileges are suspended or revoked. (Veh. Code, § 14602., subd. (a).) Following notice by the impounding agency, “the registered and legal owner of a vehicle that is removed and seized . . . shall be provided the opportunit $0 (04-09-2002 - CA) |
Clinton Police Bargaining Unit, Edward Staszewski, and Thomas A. Hansen vs. City of Clinton, Iowa |
The appellants are former Clinton police officers who retired on disability in 1997. At the time of the retirement they demanded that the city pay the cost of single coverage health insurance for both of them. The city paid the coverage while the matter was under review, but in February 1998, the city informed both officers it would no longer pay their health insurance premiums after March 1998, $0 (03-27-2002 - IA) |
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