¶1 Appellant Raintree Estates I, Inc., d/b/a Silver Ridge Townhomes, a/k/a Raintree Estates I Condominiums Homeowners Association (The Association) seeks review of the trial court's order directing the distribution of proceeds of a Commissioners Report to individual condominium unit owners in a condemnation action filed by Plaintiff City of Tulsa (The City). Appellant also appeals a subsequent or... More...   $0 (05-25-2009 - OK)

This appeal arises out of a contractual dispute between Plaintiff-Appellant Alan D. Paul and Defendants-Appellees Deloitte & Touche LLP (“D&T”), and Deloitte & Touche, USA, LLP (“D&T USA”) (collectively, “Deloitte”), in which Paul was severed from the Deloitte partnerships. Deloitte and Paul have each filed an appeal from the Superior Court’s grant of summary judgment. We first addre... More...   $0 (05-20-2009 - DE)

These are consolidated cases in which plaintiffs are residents of Van Lopik and Limberlost subdivisions in Robinson Township who assert tort claims and constitutional violations against the township, its board members (Berens, Frye, Clark, Kuyers, Mulligan, Korving, Kuncaitis, Masko, Rayla, Stille, Harmon), its building officials (Easterling & Forner), and others, after the Grand River flooded in ... More...   $0 (05-12-2009 - MI)

Colleen Donlin sued Philips Electronics North America Corporation for employment discrimination after it failed to hire her as a full-time employee. The case was tried before a jury and Donlin was awarded $164,850 in compensatory damages. Philips appealed, raising various challenges to liability and damages. Donlin filed a cross-appeal. For the reasons that follow, we will affirm the jury’s find... More...   $164850 (05-01-2009 - PA)

Petitioner Gould seeks review of an opinion and order of the Land Use Board of Appeals (LUBA). That opinion affirms Deschutes County's conditional approval of a conceptual master plan (CMP) for a destination resort proposed by Thornburgh Resort Company, LLC (Thornburgh). The county's initial approval of the CMP was appealed to LUBA and remanded for additional findings to better justify satisfact... More...   $0 (04-22-2009 - OR)

The petitioner, Sara Realty, LLC (Sara Realty), appeals an order of the Superior Court (Lewis, J.) granting summary judgment to the respondent, Country Pond Fish and Game Club, Inc. (Country Pond), based upon its conclusion that RSA chapter 159-B (Supp. 2008) barred the petitioner’s action and was not unconstitutional. We affirm.

The trial court found or the record supports the following ... More...   $0 (04-14-2009 - NH)

The Sierra Club, along with two other conservation groups (for simplicity we refer only to the Sierra Club), challenges the Forest Service's approval of two forest resource management projects in the White Mountain National Forest ("Forest" or "WMNF"): the Than Forest Resource Management Project ("Than Project") and the Batchelder Brook Vegetation Management Project ("Batchelder Project"). The di... More...   $0 (03-06-2009 - NH)

Morrison Homes, Inc. (Developer) obtained a development agreement and tentative subdivision maps for the construction of two residential subdivisions in Patterson, California. At the time those documents were approved, the City of Patterson (City)1 allowed developers to pay a fee of $734 per house in lieu of building affordable housing. About three years later, City increased this fee to $20,946 p... More...   $0 (03-03-2009 - CA)

¶1 Jenna Helf (“Helf”) sued Chevron U.S.A., Inc. (“Chevron”), for injuries she sustained while working at the Salt Lake City Refinery (the “Refinery”). Helf’s complaint alleges that her injuries were caused by a chemical reaction that occurred when her supervisors directed her to neutralize toxic sludge through a chemical reaction in an open-air pit. She further alleges that another... More...   $0 (02-13-2009 - UT)

¶1 D efendant/appellant Cannon & Wendt Electric Co., Inc. (C&W) appeals a judgment in favor of plaintiff/appellee Tamula S. Bogard on Bogard’s claims of gender-based discrimination and retaliation. For the following reasons, we vacate the portion of the judgment awarding Bogard damages for mental pain and suffering and affirm the remainder of the judgment as modified herein.

FACTUAL AND ... More...   $0 (01-27-2009 - AZ)

¶1 Appellant Jared William Jones was tried by jury and convicted of three counts of First Degree Malice Murder (Counts I, II, and III) (21 O.S.2001, § 701.7(A)), and two counts of Shooting with Intent to Kill (Counts IV and V) (21 O.S.2001, § 652), Case No. CF-2003-2046, in the District Court of Oklahoma County. In Count I, the murder of Pamela Karr, the jury found the presence of one aggravati... More...   $0 (01-21-2009 - OK)

Quad Graphics, Inc., Milwaukee Magazine, and Kurt Chandler (unless otherwise specified, collectively referred to as Quad), appeal from an order denying their motion for judgment on the pleadings.1 Quad filed a petition for leave to appeal the order, which we granted.

¶2 Quad argues that Bradley DeBraska, Sr.’s retraction demand failed to satisfy the conditions precedent to commencing an ... More...   $0 (01-21-2009 - WI)

Petitioners seek review of an opinion and order of the Land Use Board of Appeals (LUBA). LUBA remanded three City of Cottage Grove ordinances that rezoned petitioners' property and an adjacent parcel and separately applied a zoning overlay district to both properties. On review, petitioners contend that LUBA erred in failing to dismiss the appeals of two of the ordinances because a separate noti... More...   $0 (01-14-2009 - OR)

Appellant, David Block, appeals from a judgment rendered in favor of Appellee, Kimberly Mora, following a jury trial of his personal injury cause of action arising out of a collision between the vehicle being driven by Mora and Block’s pickup truck. Block presents five points of error, restated in three issues: (1) Was the evidence legally and factually sufficient to support the jury’s verdict... More...   $0 (01-07-2009 - TX)

Appellant, David Block, appeals from a judgment rendered in favor of Appellee, Kimberly Mora, following a jury trial of his personal injury cause of action arising out of a collision between the vehicle being driven by Mora and Block’s pickup truck. Block presents five points of error, restated in three issues: (1) Was the evidence legally and factually sufficient to support the jury’s verdict... More...   $0 (01-07-2009 - TX)

Plaintiff and appellant Rebecca Liceaga, apparently the victim of identity theft, filed a complaint against Debt Recovery Solutions, LLC, a collection agency, for damages that she claims were caused when it furnished to a consumer credit reporting agency information about her which it knew or should have known was inaccurate. The complaint alleged a violation of California’s Consumer Credit Repo... More...   $0 (12-29-2008 - CA)

Acting pursuant to the town of Norfolk's (town) wetlands protection bylaw and associated regulations, the town's conservation commission (commission) denied the plaintiffs' application to build a three-bedroom, single-family house with a private well and subsurface septic system on an undeveloped lot of land. The reason for the denial was that the commission had concluded, on essentially uncontest... More...   $0 (12-17-2008 - MA)

Jonathan S. McCall appeals from an order of the circuit court finding him entitled to damages of $24,379.33 on his breach of contract action against IKON Educational Services. We affirm.

FACTUAL/PROCEDURAL HISTORY

This matter originally came before this court on IKON’s appeal from the denial of relief from a default judgment against it and in favor of McCall. Finding IKON did not... More...   $0 (12-12-2008 - SC)

In this diversity case, defendant/appellant/cross-appellee Lionbridge Technologies, Inc., in appeal No. 07-1125, appeals the denial of a motion for a new trial and the entry of judgment, following a jury trial, in favor of plaintiff/cross-appellant Isabelle DerKevorkian, a former Lionbridge employee, in a dispute arising out of an effort to obtain a permanent resident “green card” for DerKevor... More...   $0 (12-03-2008 - CO)

Petitioners are six organizations that support environmental conservation, indigenous communities, and wildlife populations of Northern Alaska. They challenge the Minerals Management Service’s (“MMS”) approval of an exploration plan submitted by Shell Offshore Inc. (“Shell”). Shell seeks to drill multiple offshore exploratory oil wells over a three-year period in the Alaskan Beaufort Sea... More...   $0 (11-21-2008 - AK)

Appellant Margaret Young, individually and on behalf of the estate of her deceased husband, William R. (ARonnie@) Young, appeals from an adverse jury verdict on her medical malpractice claim against Venkateswarlu Thota, M.D. and his employer, North Texas Cardiology Center (NTCC), in connection with their treatment during Ronnie=s cardiac catheterization. We reverse and remand for a new trial.
... More...   $0 (11-20-2008 - TX)

Defendant City of Camas (the City) appeals the trial court's grant of

summary judgment to developer Isla Verde International Holdings, Ltd. and Connaught

International Holdings, Ltd. (Isla Verde) on the liability element of its Land Use Petition Act (LUPA)1 petition for damages under RCW 64.40.020(1). The City argues that (1) Isla Verde

failed to exhaust administr... More...   $0 (11-13-2008 - WA)

We must decide whether the United States Forest Service complied with federal environmental law in its management of the Bitterroot National Forest.

I In order to effectuate its management role over the national forests, the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600 et seq., requires the United States Forest Service (“Forest Service”) to develop and to maintain fo... More...   $0 (11-07-2008 - MT)

Plaintiff Venture Properties, Inc., (Venture) brought this action against defendant Jeff Parker, alternatively seeking damages for breach of contract or rescission of the contract. Plaintiff alleged as separate claims breach of contract, mutual mistake, intentional misrepresentation, and innocent misrepresentation. On the mutual mistake and innocent misrepresentation claims, plaintiff sought resci... More...   $0 (10-29-2008 - OR)

“When you’re winning, you make it easy, when you’re losing you make it hard, when you don’t know, you give it to the judge, that’s what lawyers do.”

With this appeal, the court delves into the field of supplying electrical energy, a field strewn with such concepts and terms as “PPA capacity,” “requested energy,” “replacement energy,” “power factor of 0.9... More...   $0 (10-17-2008 - TX)