Representing himself, appellant Bahman Khodayari sued Charles Mashburn, his former criminal defense attorney in victim restitution and related probation violation proceedings, for legal malpractice and several other claims. While represented by different counsel, appellant had been convicted of four counts of misdemeanor grand theft and three counts of misdemeanor insurance fraud, placed on summar

During a routine traffic stop in Seat Pleasant, Maryland, police removed Obie Lee Powell, who was a passenger, from the vehicle and performed an officer-safety patdown on him. Based on evidence obtained by police after the patdown, a federal grand jury indicted Powell for possession with intent to distribute crack cocaine, possession of a firearm by a convicted felon, and possession of a firearm

¶ 1 Plaintiff Robert E. Taylor, Sr. appeals the decision of the Police Board of the City of
Chicago (Board) discharging him from his position as a Chicago police officer for committing
perjury in violation of Rule 1 of the Chicago Police Department (Department), which prohibits
"[v]iolation of any law or ordinance," and for making false statements before two different
tribunals in

¶ 1. SKOGLUND, J. Plaintiffs James and Heidi Glassford, who brought suit to obtain compensation for an allegedly negligent home inspection, appeal the superior court’s order granting summary judgment in favor of the home inspector based on the terms of a binding arbitration agreement in the parties’ contract. In this appeal, we consider whether the superior court erred in reject

The Securities Litigation Uniform Standards Act of 1998 (SLUSA) prohibits securities class actions if the class has more than 50 members, the suit is not exclusively derivative, relief is sought on the basis of state law, and the class action suit is brought by “any private party alleging a misrepresentation or omission of a material fact in connection with the purchase or sale of a covered secu

Due to financial exigencies that Hurricane Ike created, the University of Texas Medical Branch at Galveston (“UTMB”) terminated a number of its faculty positions. The medical school’s provost coordinated the termination process, and department chairs recommended faculty members from their departments for termination. A group of faculty members,[1] whose positions the school terminated, sue

Must a district court allow a defendant to withdraw his guilty plea — even when the request is based on a lie? Unsurprisingly, we hold the answer is no. The law does not permit anyone to compel judicial action based on intentionally false statements.

This case began with Cesar Osbaldo Armendariz Soto facing an indictment for his involvement in a drug distribution conspiracy. The governmen

09-4958-cv
Doe v. Bin Laden
1 UNITED STATES COURT OF APPEALS
2
3 FOR THE SECOND CIRCUIT
4
5
6
7 August Term, 2010
8
9 (Argued: October 15, 2010 Decided: November 7, 2011)
10
11 Docket No. 09-4958-cv
12
13
14
15 JOHN DOE, in his capacity as the executor of the estate of JANE DOE, in his personal capacity,
16 and as the personal rep

The plaintiffs, Jason Czar and Beth Ann Czar, appeal from the summary judgment rendered in favor of the defendant, Redding Appraisal Group.1 On appeal, the plaintiffs claim that the trial court improperly determined that their action was barred by General Statutes § 36a-755 because the appraisal was not rendered in conjunction with seeking a mortgage from, or at the behest of, a financial institu

The primary issue we address in this interlocutory appeal is whether a defendant who elects to have his motion to strike the plaintiff’s pleadings and to dismiss the plaintiff’s claims against him heard prior to his special appearance has thereby made a general appearance and waived his special appearance. Because we answer this question in the affirmative, we will reverse the trial court’s

Plaintiffs David Duncan, Lynne Y. Duncan, Michael V. Fillebrown, Gerald Lung, Jeannie Lung, the Lung Family Revocable Trust, Richard Marino, Angela Marino, Weldon K. Schapansky, individually and as the sole beneficiary of the Grabe, Schapansky, Moss, Levy & Julian DDS PC 401 Retirement Plan, Noah Sever, Linda Washington, Carl D. West, and Chung C. Faulkner (hereafter collectively, plaintiffs) appe

In this case brought under the Texas Tort Claims Act (―TTCA‖),1 the appellants challenge the trial court‘s order granting the City of Houston‘s plea to the jurisdiction. Because we conclude that the City of Houston (the ―city‖) has consented to suit, we reverse and remand.

BACKGROUND

Jane Uche Amadi, Constance Nnadi, and World Anointing Center Ministries, Inc. (collec

Almost five years ago, a justice on this panel expressed concern about the gamesmanship being spawned in the area of the law involving health care liability claims and expert reports. See Regent Care Ctr. of Laredo v. Abrego, No. 04-06-00518-CV, 2006 WL 3613190, at *1 (Tex. App.—San Antonio Dec. 13, 2006, pet. denied) (Speedlin, J., concurring) (mem. op.). This appeal raises the same concern. Th

This action is primarily an employment related claim in which plaintiffs allege that they were retaliated against by the defendant, that their employment/medical privileges were terminated or restricted, and that they were tortiously injured by the defendant because of their whistleblowing actions in reporting what they believed to be repeated, significant violations of applicable professional res

In 2004 and 2005, appellants, citizens of New York, sued the appellee pharmaceutical companies in New York state court claiming that appellees’ hormone replacement therapy drugs caused appellants to develop breast cancer. After substantial discovery, appellees moved for summary judgment on the ground that the claims were time-barred under the three-year New York statute of limitations. Appellant

[¶1] Edward Tarnavsky appeals from a district court order denying his N.D.R.Civ.P. 60(b) motion for relief from a judgment dismissing his action against David Tschider--an attorney who represented Tarnavsky's brother and sister-in-law in previous cases where Tarnavsky was the adverse party--for various claims of fraud, deceit, and misrepresentation. Tarnavsky also submitted a motion for leave to

{1} This case evolved from a wrongful death action filed by Plaintiff Ellen Sam as personal representative of the estates of her daughter, Hermanda Spencer, and her granddaughter, Lydia Burnett. Through her attorneys, third-party Defendants Paul Barber and the law firm of Barber & Borg, LLC (collectively Barber), Sam entered into a settlement agreement with decedent Hermanda Spencer’s father, De

¶1 Appellant Dale Schwanke (Schwanke) appeals from an order of the Ninth Judicial District Court, Teton County, in which the District Court denied his motion for substitution of a district judge. We reverse.

¶2 We review the following issue on appeal:

¶3 Whether the District Court wrongly denied Schwanke’s motion for substitution of a district judge.

FACTUAL AND PROCEDURA

Courts deciding whether to certify that a lawsuit qualifies for a class action must determine which obstacles create insuperable barriers to class relief and which do not. This can be a daunting task, but not here.

Plaintiffs Frank Marler, Sandra Marler and the Hollywood Beach Acquisition Association, Inc. (HBAA) (plaintiffs) filed a class action complaint on behalf of the Hollywood Beach M

This cause is before us on Appellees’ motion for rehearing. We GRANT the motion and, accordingly, withdraw our former opinion of July 22, 2011, and substitute the following opinion in its place.

In this workers’ compensation case, Claimant challenges an order of the Judge of Compensation Claims (JCC) denying benefits on the ground she violated section 440.105, Florida Statutes (2006),

Appellants Kenneth Hipp and Daniel Hipp brought a complaint against appellees Vernon L. Smith and Associates, Inc., and Chesapeake Exploration, Limited Partnership, alleging fraudulent inducement and violation of the Arkansas Deceptive Trade Practices Act with respect to mineral leases executed between the parties.1 The primary term of the leases was for five years, with a renewal provision allowi

The issue before us is whether the trial court abused its discretion in setting aside its dismissal order pursuant to Arkansas Rule of Civil Procedure 60 (2010). We hold that, under a strict application of Rule 60, to set aside the order was an abuse of discretion and reverse the trial court’s ruling.

Appellees John and Tasha Sims filed a complaint for breach of contract against John Pint

Appellants Kenneth Hipp and Daniel Hipp brought a complaint against appellees Vernon L. Smith and Associates, Inc., and Chesapeake Exploration, Limited Partnership, alleging fraudulent inducement and violation of the Arkansas Deceptive Trade Practices Act with respect to mineral leases executed between the parties.1 The primary term of the leases was for five years, with a renewal provision allowi

Plaintiff Marcia O’Connor seeks to recover on insurance policies insuring the health of her since-deceased son, Mitchell Prybyla. Although the policy applications identify Prybyla as the insured and as the applicant for insurance, and the applications contain purported signatures of Prybyla in those capacities, the policies were in fact obtained by Prybyla’s friend without Prybyla’s knowledg

We have considered Appellee Sheila Newman’s motion for rehearing. We deny the motion but withdraw our August 11, 2011 opinion and judgment and substitute the following.

Appellant National Western Life Insurance Company (National Western) appeals the trial court’s judgment against it for the fraudulent acts of its agent, Lynn Strickland, Jr., upon appellee Shelia Newman. Newman filed a