This appeal arises from a Title VII claim brought by African-American civil engineer Geneva Brown against her employer, the Alabama Department of Transportation (“the Department”). Brown claimed that the 1 Department denied her nine separate promotions on account of her race, or for retaliatory reasons, between 2000 and 2005. Following a five-day trial, a jury sitting in the Northern District ... More...   $0 (02-23-2010 - GA)

The appellants herein and defendants below, AJR, Inc., and John M. Rhodes (hereinafter collectively referred to as “AJR”), appeal from an order entered July 18, 2008, by the Circuit Court of Wood County. By that order, the circuit court entered judgment in favor of the appellee herein and plaintiff below, Danny L. Benson (hereinafter referred to as “Mr. Benson”), in the amount of $94,910.2... More...   $0 (02-11-2010 - WV)

This appeal arises from the termination of appellee, Calvin Elliott, Jr., from his position as a Deputy Sheriff with the Howard County Sheriff’s Office (“Sheriff’s Office”) on October 28, 2005. On December 14, 2005, Elliott filed a complaint for a show cause order in the Circuit Court for Howard County pursuant to the Law Enforcement Officers’ Bill of Rights (“LEOBR”), Maryland Code ... More...   $0 (01-27-2010 - MD)

The plaintiffs appeal the trial court’s final judgments and amended final judgments rendered upon disposition of the parties’ post-trial motions, including the plaintiffs’ motion for additur, the plaintiffs’ motion to set aside verdict on comparative negligence defense and for entry of judgment in accordance with the plaintiffs’ motion for directed verdict on said defenses, the plaintiff... More...   $0 (12-17-2009 - FL)

This is an appeal from the denial of a preliminary injunction in an environmental challenge to a major gold mining project on the side of Mt. Tenabo in Nevada. The mountain has religious significance for Indian tribes. The plaintiffs-appellants are the South Fork Band Council of Western Shoshone of Nevada, and other tribes and organizations (“the Tribes”). The Tribes originally filed this acti... More...   $0 (12-04-2009 - NV)

It is probably a truism that since adoption of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.1 (CEQA)) in 1970, every developer has at some point before construction starts ground his teeth or clenched her fists in frustration while enduring the often lengthy process leading to certification of an environmental impact report (EIR) for the proposed project. This app... More...   $0 (12-02-2009 - CA)

Petitioner, Willamette Oaks, LLC, seeks review of the Land Use Board of Appeals (LUBA) decision affirming the City of Eugene's (city) approval of a zone change for certain land from medium-density residential to limited high-density residential, contending that LUBA's order is unlawful in substance. We review pursuant to ORS 197.850 and, on review, hold that LUBA improperly concluded that the cit... More...   $0 (11-18-2009 - OR)

Kaiser Eagle Mountain, Inc. (“Kaiser”) seeks to build a landfill on a former Kaiser mining site near Joshua Tree National Park (“Joshua Tree”). As part of its landfill development plan, Kaiser sought to exchange certain private lands for several parcels of land surrounding the mine site and owned by the Bureau of Land Managment (“BLM”). Several parties, including the National Parks Con... More...   $0 (11-11-2009 - CA)

Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wyeth Pharmaceuticals Inc. (Wyeth) and Pharmacia & Upjohn Co. (Upjohn).1 She sued the companies in 2004 for failure to warn of the risk of breast cancer from combination hormone therapy.

The trial was bifurcated, with liability determined first and punitive damage... More...   $0 (11-03-2009 - AR)

After the Floyd County Plan Commission (the “Commission”) approved the primary plat of Lafayette Ridge Subdivision as sought to be developed by Robert Lynn Company, Inc. (“Lynn”), Greenville Concerned Citizens, Inc., Joanna Danzl, Dan Danzl, Betty Cairns, and Tom Cairns1 (collectively, “GCC”) petitioned the trial court to review and set aside the Commission’s decision. GCC appeals th... More...   $0 (10-14-2009 - IN)

¶1 Plaintiffs (“the Farmers”) appeal the trial court’s denial of their motions for judgment as a matter of law (“JMOL”) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County (“the District”). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the F... More...   $0 (10-08-2009 - AZ)

Appellants, California Building Industry Association, Coalition for Urban Renewal Excellence, Valley Taxpayers Coalition, and Modesto Chamber of Commerce, challenge the validity of two rules adopted by respondent, San Joaquin Valley Air Pollution Control District (District). These rules, commonly referred to as indirect source review (ISR), are intended to encourage developers to reduce indirect p... More...   $0 (10-06-2009 - CA)

This case arises from a tort suit brought by appellant, Barbara Abrishamian, against appellee, Earl Barbely, in the Circuit Court for Montgomery County. Prior to the start of testimony, appellant moved for the judge’s recusal, which motion the trial court denied. During testimony, appellant moved for a mistrial based on the admission of prejudicial evidence, which the trial court also denied. Af... More...   $0 (10-05-2009 - MD)

¶1 In this disciplinary proceeding against a lawyer, the issues to be decided are: (1) Does the record submitted for our examination provide sufficient evidence for a meaningful de novo consideration of the complaint and of its disposition?1 and (2) Is a suspension from the practice of law for six months an appropriate disciplinary sanction for respondent's breach of professional ethics? We answe... More...   $0 (09-29-2009 - OK)

An administrative law judge ruled that defendant California Public Employees Retirement System (CalPERS) had underpaid retirement benefits to Clarence Alexander and his widow by more than $3 million (plus interest). CalPERS rejected this proposed decision and opted to decide the case itself upon the record, including the transcript. Plaintiffs, who are pursuing the claim on behalf of Alexander‟s... More...   $0 (09-08-2009 - CA)

Nova Southeastern University of the Health Sciences, Inc., d/b/a College of Osteopathic Medicine “(Nova”) appeals from the denial of its motions for a directed verdict and a new trial, and from orders awarding prejudgment interest and costs to Keith Sharick, a former student at its College of Osteopathic Medicine. Sharick cross-appeals the order awarding prejudgment interest. For the following... More...   $0 (08-26-2009 - FL)

Appellant, Chester Montgomery, sued appellee, Richard Byrd, for breach of contract, and Byrd asserted a counterclaim for breach of contract. Pursuant to the jury=s findings, the trial court signed a judgment in favor of Byrd. The trial court subsequently signed an AOrder Granting Plaintiff=s Motion to Reconsider Defendant=s Motion to Enter Judgment and Plaintiff=s Motion for Judgment NOV and Pla... More...   $0 (08-25-2009 - TX)

¶1 We review for a second time the Utah Department of Transportation’s (UDOT) taking of property owned by the Appellants, James Ivers, Katherine G. Havas, and P&F Food Services (collectively, Arby’s). In Ivers v. Utah Department of Transportation, 2007 UT 19, 154 P.3d 802, we addressed whether damages were awardable for Arby’s loss of view where the viewimpairing structure was not built on ... More...   $0 (08-21-2009 - UT)

Plaintiff, Adriana Lee, as Personal Representative of the Estate of Rufus Young, Jr., appeals as of right the trial court’s November 13, 2007 order granting defendants Detroit Medical Center (DMC), Children’s Hospital, Dr. Ahm Mahbobul Huq, Dr. Jayshree Rao, and Dr. Vince Truong summary disposition and dismissing plaintiff’s statutory liability claims against them without prejudice. Defendan... More...   $0 (07-14-2009 - MI)

This is an appeal from the denial of appellant City of Elsa's (the City) plea to the jurisdiction and the granting of summary judgment in favor of appellee Joel Homer Gonzalez. By three issues, the City contends that the trial court erred in denying its plea because Gonzalez failed to establish jurisdiction under the Texas Whistleblower Act, the Texas Public Information Act, (1) and the Texas Open... More...   $0 (07-10-2009 - TX)

This is an appeal from the denial of appellant City of Elsa's (the City) plea to the jurisdiction and the granting of summary judgment in favor of appellee Joel Homer Gonzalez. By three issues, the City contends that the trial court erred in denying its plea because Gonzalez failed to establish jurisdiction under the Texas Whistleblower Act, the Texas Public Information Act, (1) and the Texas Ope... More...   $0 (07-09-2009 - TX)

In this case, we review System Components Corp. v. Department of Transportation, 985 So. 2d 687 (Fla. 5th DCA 2008), in which the Fifth District Court of Appeal certified that its decision directly conflicts with the decision of the Fourth District Court of Appeal in State Department of Transportation v. Tire Centers, LLC, 895 So. 2d 1110 (Fla. 4th DCA 2005). We thus possess and exercise our discr... More...   $0 (07-09-2009 - FL)

Monroe S. Harris appeals from a judgment of the United
22 States District Court for the Southern District of New York
23 (Victor Marrero, Judge). Harris was formerly licensed by the
24 state of New York as a doctor of osteopathic medicine; his
25 medical license was revoked because he was found to have
26 committed fraud and engaged in improper medical practices. At
27 issu... More...   $0 (07-09-2009 - NY)

In 2002, then-Boston Police Commissioner Paul Evans terminated William Broderick as a police captain in the Boston Police Department. Broderick sued and in the district court a jury returned a verdict against Evans under 42 U.S.C. § 1983 (2006) and against the City of Boston under the Massachusetts whistle blower statute, Mass. Gen. Laws ch. 149, § 185 (2009). The defendants now appeal and Brode... More...   $0 (07-02-2009 - MA)

The Monsanto Company (“Monsanto”) is a large-scale manufacturer of chemical products, including herbicides and pesticides. In the 1990s it began developing a variety of alfalfa that would be resistant to one of its leading herbicides. The United States Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHIS”), approved the genetically modified alfalfa in 2... More...   $0 (06-28-2009 - ca)