Morris, et al. v. Douglas County Board of Health, et al. |
Plaintiffs John and Deanna Morris and LaSalle Home Mortgage Corporation sued defendants Douglas County Board of Health (the “Board of Health”), Douglasville-Douglas County Water and Sewer Authority (the “Authority”), and Peter Frost, the Authority’s executive director, alleging that the defendants had failed to maintain and repair the Morrises’ septic system $0 (03-25-2002 - GA) |
McClatchy Newspapers, Inc. dba The Sacramento Bee v. United States District Court for the Eastern District of Calif |
McClatchy Newspapers, Inc., dba The Sacramento Bee (The Bee), seeks a writ of mandamus to reverse the final postjudgment order of the district court in response to The Bee's request that it unseal, without redaction, two proffer letters offered by Mark Leslie Nathanson (Nathanson) in connection with his motion to reduce his criminal sentence. We grant the writ, vacate the order, and remand t $0 (12-03-2001 - CA) |
Robert Douville v. Russ Christensen, Steve Hartman, and Donald Randall, in Their Capacity as Township Supervisors of Brule Township and Milo Speckels, |
[1.] Robert Douville (Douville), a resident of Chamberlain, South Dakota, seeks a writ of mandamus against Chamberlain and Brule Townships for the removal of an earthen dam obstructing a section line right-of-way located on the border between the two townships. We reverse the trial court’s denial of the writ. FACTS AND PROCEDURE [2.] The section line right-of-way at issue in this $0 (03-06-2002 - SD) |
The City of Rock Hill v. Michael Dean Thompson |
Petitioner City of Rock Hill (City) petitions the Court to issue a writ of mandamus "requiring the Honorable Jane Pittman Modla, Judge of the City of Rock Hill Municipal Court, and all lower courts in which the issue may arise, to apply 1998 Acts 434 as corrected by the Code Commissioner and presently enrolled with the Secretary of State, as the law of the State of South Carolina." The writ is den $0 (03-11-2002 - SC) |
Ricky Houston v. Allen Reich, Harold Dean McHam, the Excise Board of Choctaw County, Oklahoma and the City of Hugo, Oklahoma |
The City of Hugo, Oklahoma appealed from a mandamus order issued by the United States District Court for the Eastern District of Oklahoma directing the City and the Excise Board of Choctaw County, Oklahoma to make tax levies in accordance with Titles 51 Section 151, et seq. (Governmental Tort Claims) and 62 Section 365.1, et seq. (public finance in satisfaction of money judgments) of the Oklahoma $0 (05-07-1991 - OK) |
Phyllis Myers, et al. v. Karen H. Lashley, Ph.D., et al. |
The sole issue presented by this appeal is whether the evidentiary materials demonstrate a nonactionable claim because the defendant-psychologist's conduct in contest is within the range of her qualified statutory privilege2 for good-faith reporting of child abuse? We answer in the affirmative. I THE ANATOMY OF LITIGATION 2 This is an appeal from summary judgment for the defendant $0 (02-26-2002 - OK) |
Edson Gardner v. Ute Tribal Court Chief Judge, et al. |
Plaintiff filed a series of pleadings in the district court. In February 2000, he attempted to file documents entitled "Extraordinary Writ and Mandamus" and "Amendment Extraordinary Writ and Mandamus." In these documents, plaintiff alleged that he, a mixed-blood Uintah Indian, holds a possessory interest in the Uintah Valley in Utah based on an 1861 treaty, and that the Ute Tribe was wrongfully po $0 (01-28-2002 - UT) |
UNITED STATES of America ex rel. Janet CHANDLER, Ph.D. v. Cook County |
Janet Chandler, Ph.D., brought this quitam action as relator on behalf of the United States under the False Claims Act ("FCA"), 31 U.S.C. sec.sec. 3729 et seq., to recover funds that allegedly were obtained fraudulently by defendants Hektoen Institute for Medical Research ("Hektoen") and Cook County, Illinois, in the administration of a drug treatment program. The district court dismisse $0 (01-22-2002 - IL) |
Ursula Gibson, et al. v. Chrysler Corporation |
Chrysler Corporation appeals sanctions and attorneys' fees awarded by the district court. Chrysler has twice attempted to remove plaintiffs' class actions from California state court to federal court. After Chrysler's second attempt, the district court held that several of Chrysler's arguments were frivolous, and awarded sanctions and fees. We believe that removal was improper, but we hold t $0 (08-20-2001 - CA) |
Lisa T. Kennedy v. Clemence Lubar |
Lisa T. Kennedy brought suit against Clemence Lubar in Colorado state court, asserting state common law claims for "[t]ortious [i]nterference with [e]mployment [r]elations" and tortious interference with "[p]rospective [e]mployment [r]elations." Compl. at 14, App. to Br. of Def.-Appellant ("App.") at 17. Kennedy was employed as a part-time pharmacist in Store 100 of the King Soopers chain of groce $0 (12-18-2001 - CO) |
Fairfax MK, Inc. v. City of Clarkston, et al. |
Fairfax MK, Inc. applied for a building permit to construct a gasoline service station in the City of Clarkston on property owned by Creek Pointe MK, LLC. Because the property is located near a day care center, the City Council denied the application based upon a provision of the City’s Gasoline Service Station Ordinance (GSSO) which requires a minimum distance of 500 feet between a gas $0 (11-30-2001 - GA) |
Sunchase Capital Group, Inc. v. County Court of Law City of Crandall |
Sunchase Capital Group, Inc. and Jodee Null appeal the trial court's order dismissing their lawsuit for want of jurisdiction and the entry of a take-nothing judgment in favor of Appellee, City of Crandall. Appellants raise three issues on appeal. We affirm and modify the trial court's order. Background Sunchase acquired a tract of land in rural Kaufman County (the "County"), which it plan $0 (12-07-2001 - TX) |
Robert E. Morris v. Jerry L. Harper |
This matter arises out of a petition for writ of mandate filed by respondent Robert E. Morris, M.D., a board certified physician in pediatrics and adolescent medicine, against appellant Jerry L. Harper, then Acting Director of the California Youth Authority (CYA). Morris’s petition sought mandamus relief to require Harper to comply with state law by obtaining licenses for the 11 CYA prog $0 (11-30-2001 - CA) |
The Wichita Eagle Beacon Company d/b/a The Wichita Eagle, et al. v. The Honorable Clark V. Owens, II |
This is an original proceeding in mandamus filed by The Wichita Eagle Beacon Company, d/b/a The Wichita Eagle, and Media General Operations, Inc., d/b/a KWCH-TV Channel 12, (Petitioners) to compel the Honorable Clark V. Owens II, District Judge of the Eighteenth Judicial District (Respondent) to allow Petitioners to intervene in five Sedgwick County District Court criminal cases for the limited pu $0 (06-13-2001 - KS) |
Petition of CIGNA Healthcare, Inc. f/k/a Healthsource New Hampshire, Inc. |
The petitioner, CIGNA Healthcare, Inc., formerly known as Healthsource New Hampshire Inc. (CIGNA), petitions for the issuance of writs of mandamus and prohibition to the Hillsborough County Probate Court (Cloutier, J.). We grant the petition for prohibition. The following facts appear in the record. Elliot Hospital (Elliot) and Catholic Medical Center (CMC) are community hospitals in Manches $0 (07-31-2001 - NH) |
In Re: Cambridge Literary Properties, Ltd. |
Cambridge Literary Properties, Ltd. ("Cambridge") has filed a petition for writ of mandamus asking this court to direct the district court to approve a proffered statement, pursuant to Fed. R. App. P. 10(c) ("Rule 10(c) Statement"). Mandamus is an extraordinary remedy requiring "(1) a showing of some special risk of irreparable harm, and (2) a demonstration of clear entitlement to the relief reque $0 (11-20-2001 - MA) |
Theodore M. Smith v. David Plati, et al. |
Theodore Smith appeals the district court's dismissal of his claims against David Plati, the Assistant Athletic Director for Media Relations of the University of Colorado, the Regents of the University, and the University itself. In addition, Smith alleges that the district court erred when it ordered him to dismiss a parallel state court action raising virtually identical claims to those in his f $0 (07-30-2001 - CO) |
In Re Santa Fe International Corporation |
Santa Fe International Corporation ("Santa Fe") petitions for a writ of mandamus directing the district court to vacate its order requiring Santa Fe to produce a document for discovery and rejecting Santa Fe's "common legal interest" attorney-client privilege claim.(1) We deny the petition because the district court's ruling was not clearly and indisputably wrong. I. Plaintiffs, who are pres $0 (11-13-2001 - TX) |
Billy Grisso v. Kenneth Apfel |
Billy Grisso appealed from the final judgment entered in the District Court for the Eastern District of Missouri granting him mandamus relief but denying him costs. For reversal, Grisso argues that he was the prevailing party because the district court exercised its mandamus jurisdiction, and that the district court therefore abused its discretion in denying him costs. * * * Click the $0 (11-13-2001 - MO) |
Elizabeth W. McDonald, et al. v. City of Brentwood, et al. |
Elizabeth W. McDonald ("Landowner") filed a petition requesting an injunction against the City of Brentwood, Missouri ("City") from issuing an occupancy permit to Edward J. O'Brien, owner of the restaurant O.B.Clark's (hereinafter collectively "O.B. Clark's") and for a writ of mandamus to compel City to revoke O.B. Clark's conditional use permit and enforce all the applicable ordinances. City, wit $0 (11-06-2001 - MO) |
Trans Shuttle Inc. v. Public Utilities Commission of the State of Colorado |
Appellant businesses and their officers (the shuttle operators) operate separate and independent airport shuttle services, offering ground transportation to and from Denver International Airport (DIA). They do so without a permit from the Colorado Public Utilities Commission (PUC), which regulates intrastate commercial motor carriers within the state. Each shuttle operator instead holds a certific $0 (11-05-2001 - CO) |
Wolfeboro Neck Property Owners v. Town of Wolfeboro |
The plaintiffs, the Wolfeboro Neck Property Owners Association, an incorporated association of property owners in a Wolfeboro subdivision known as Embassy Estates, together with Bruce C. Beck, an individual property owner in that subdivision, appeal an order of the Superior Court (Fauver, J.) denying their petition to lay out two roads within the subdivision. We reverse and remand. Wolfebor $0 (06-01-2001 - NH) |
Berger v. Compaq Computer Corp. |
In this securities litigation, the district court certified a plaintiff class and appointed class representatives. Because of legal error, we reverse and remand. I. 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 in $0 (07-25-2001 - TX) |
In Re BankAmerica Corp. Securities Litigation |
On September 30, 1998, BankAmerica and NationsBank merged to form Bank of America Corporation (the “Bank”). Fifteen days later, the Bank disclosed a $372 million charge-off and the likelihood of substantial additional losses arising out of BankAmerica’s $1.4 billion loan to hedge fund operator D.E. Shaw, Inc. (“Shaw”). Securities law class action suits were then f $0 (10-25-2001 - MO) |
Lindland v. U.S. Wrestling Association, Inc. |
Readers of our prior opinions (or the sports pages) know that Keith Sieracki and Matt Lindland both believe that they are entitled to be the U.S. entrant in the 76 kilogram weight class of Greco-Roman wrestling at the 2000 Olympic Games. They have met twice in championship bouts where the Olympic spot was the victor's reward: Sieracki won the first by a score of 2-1; Lindland won the secon $0 (09-05-2000 - IL) |
Next Page |