¶1 The Oklahoma Bar Association (OBA) charged respondent, Richard F. Berger, with one count of neglect of a client matter and misrepresentation of such to the client and to the Bar Association, in violation of Rules 1.1, 1.3, 1.4, 3.2, 8.1 and 8.4(c), of the Rules of Professional Conduct, (ORPC), 5 O.S.1991 Ch. 1, App. 3A and Rules 1.3 and 5.2 of the Rules Governing Disciplinary Proceedings, 5 O.... More...   $0 (10-07-2008 - OK)

In 1978, the City of Rancho Palos Verdes enacted an ordinance imposing a moratorium on the construction of new homes in the vicinity where landslides had recently occurred. Plaintiffs own vacant lots covered by the moratorium. Some have been waiting over 30 years to build homes on their properties. Plaintiffs’ lots are zoned for single-family dwellings.

Eventually, the city council establ... More...   $0 (10-01-2008 - CA)

This insurance coverage dispute involves environmental contamination that resulted from plaintiffs' dismantling of navy and merchant marine vessels at a site along the Willamette River. Plaintiff ZRZ Realty owns that site, known as the "Moody Avenue site." The other plaintiffs conducted operations at the site or are successors-in-interest to prior site operators. We refer to plaintiffs collectivel... More...   $0 (10-01-2008 - OR)

Plaintiffs, the Center for Biological Diversity, Inc. and Peter Galvin (collectively CBD),1 appeal from the dismissal of their cause of action, which alleged that defendant owners and operators of wind turbine electric generators in the Altamont Pass Wind Resource Area in Alameda and Contra Costa Counties are, by the operation of their wind turbines, responsible for killing and injuring raptors an... More...   $0 (09-22-2008 - CA)

Steve and Diane Bell appeal from the trial court's judgment awarding damages against the Bells and allowing remedial action on Joe Riddell's property. The Bells raise four points on appeal. They contend that the trial court erred in measuring damages based on the cost of repair; in awarding damages they claim were barred for Mr. Riddell's failure to mitigate his damages; in refusing their request ... More...   $0 (09-19-2008 - MO)

This defamation action involves a trial about a trial about a trial. Thomas Knight was an assistant State's Attorney who prosecuted Rolando Cruz for the murder of Jeanine Nicarico.

Eventually the court acquitted Cruz. Other prosecutors later charged Knight with obstruction of justice. Knight also won an acquittal. Knight then sued Maurice Possley and his employer, the Chicago Tribune, acc... More...   $0 (09-18-2008 - IL)

¶1 The Oklahoma Bar Association (Bar Association), the complainant, filed a complaint against Stephen E. Lile, the respondent, alleging specific acts constituting professional misconduct in violation of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2001, ch. 1, app. 3-A, Rule 8.4. Such a violation is grounds for disciplinary action pursuant to Rule 1, § 1.3 of the Rules Governing Disc... More...   $0 (09-16-2008 - OK)

The Clean Water Act (“CWAâ€�) makes it unlawful to discharge dredged and fill material into the waters of the United States except in accord with a permitting regime jointly administered by the Army Corps of Engineers (“Corpsâ€�) and the Environmental Protection Agency (“EPAâ€�). See United States v. Riverside Bayview Homes, Inc., 474 U.S. 121, 123 (1985). Fairbanks North Star Borough (“Fa... More...   $0 (09-12-2008 - AK)

The Monsanto Company (“Monsantoâ€�) 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 (“APHISâ€�), approved the genetically modified alfalfa in 2... More...   $0 (09-05-2008 - CA)

Litigation can sometimes take on a life of its own, propelling the parties into maneuvers and rhetorical flourishes that might not have been undertaken in more placid times. This case seems to be a cautionary tale for how the pressures of litigation can overtake parties like Hokusai’s wave swamping the boats (“The Great Wave Off Kanagawa,� ca. 1831, Katsushika Hokusai (1760-1849)).

... More...   $0 (09-02-2008 - WI)

This is a principally a takings case. In Dolan v. City of Tigard (1994) 512 U.S. 374, 386-391 and Nollan v. California Coastal Commission (1987) 483 U.S. 825, 836- 837, the United States Supreme Court adopted what is called a “nexusâ€� and “rough proportionalityâ€� test to be applied in an “exactionâ€� case; i.e. when a public entity conditions approval of a proposed development on the dedic... More...   $0 (08-29-2008 - CA)

Larry Boshears (Boshears) and Jamie Baggett (Baggett) sued Saint-Gobain Calmar, Inc. (Calmar), and William T. Whitlow for negligence due to the injuries they suffered while performing work for Calmar on property leased by Calmar. A jury found for Boshears and Baggett. After comparative fault adjustments by the circuit court, the verdict in favor of Boshears was for $1,360,000 and the verdict in fa... More...   $3060000 (08-15-2008 - MO)

This matter is before us on remand from the Supreme Court for consideration as on leave granted. Defendants appeal a decision of the Worker’s Compensation Appellate Commission (WCAC) affirming the magistrate’s decision to award plaintiff benefits. We affirm. Otis Fahl, a representative of defendant Burt Moeke Hardwoods, Inc. (Hardwoods), recruited plaintiff Pablo Romero, a Mexican citizen, to ... More...   $0 (07-29-2008 - MI)

These appeals arise out of litigation brought against an attorney for the allegedly improper actions he undertook in connection with his representation of a financially troubled client. Both the defendant, Attorney Clifford L. Tager, and the plaintiff, Chapman Lumber, Inc., have appealed from the judgment rendered in accordance with a jury verdict, as it subsequently was modified by the trial cour... More...   $0 (07-22-2008 - CT)

This appeal involves a controversy surrounding a large fire started by
Dorene Lorenz and other persons for the purpose of clearing rubbish. Russell Maddox,
a next-door neighbor, sued Lorenz and other parties he thought were involved for
damages the fire caused to his home-based business and property. Lorenz
counterclaimed, primarily stating claims based on Maddox’s behavior towar... More...   $0 (07-11-2008 - AK)

Plaintiff Osby Dixon sued his employer, defendant Union Pacific Railroad Company, under the Federal Employers' Liability Act (FELA) (45 U.S.C. §51 et seq. (2000)), after a handrail on a train car came loose and plaintiff fell several feet to the tracks below. After a trial, a jury awarded plaintiff $131, 318. 66 for pain and suffering and $54,500 for economic loss, but nothing for disability. ... More...   $0 (06-09-2008 - IL)

1. Plaintiff Dr. Rajan Bhatt appeals from a decision of the Chittenden Superior Court, granting summary judgment to defendant The University of Vermont (the University) on plaintiff's claim that he was subjected to discrimination because of his disability. On appeal, plaintiff argues that: (1) the Vermont Public Accommodations Act, 9 V.S.A. §§ 4500-4507 (VPAA), requires accommodation... More...   $0 (05-30-2008 - VT)

Plaintiff Ocean Harbor House Homeowners Association (Homeowners) sought a costal development permit from defendant California Coastal Commission (the Commission) to build a seawall to protect their condominium complex from erosion that threatened its structural integrity. The Commission granted the permit but as a condition required Homeowners to pay a fee to mitigate the loss of an acre of be... More...   $0 (05-23-2008 - CA)

The plaintiffs-appellants are the owners and the agent of a building in Chicago that for more than four decades has displayed an advertising sign without a permit. Current zoning provisions prohibit the sign given its size and proximity to a residential district, but the plaintiffs contend that because the sign was lawful when first erected, they have a right to continue displaying the sign... More...   $0 (05-17-2008 - IL)

The Chicago Police Department, acting under the Illinois Drug Asset Forfeiture Procedure Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property belonging to the plaintiffs. In response, the plaintiffs filed this case, under 42 U.S.C. § 1983, claiming that when property is seized under the Act, due process requires that they be given a prompt, postseizure, probable cause hearing, even t... More...   $0 (05-06-2008 - IL)

The Chicago Police Department, acting under the Illinois Drug Asset Forfeiture Procedure Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property belonging to the plaintiffs. In response, the plaintiffs filed this case, under 42 U.S.C. § 1983, claiming that when property is seized under the Act, due process requires that they be given a prompt, postseizure, probable cause hearing, even t... More...   $0 (05-05-2008 - IL)

These consolidated appeals bring us once more to the Pacific Northwest, for another round in the complex and longrunning battle over salmon and steelhead listed under the Endangered Species Act ("ESA"), 16 U.S.C. §§ 1531-1544. In this ESA action brought by the National Wildlife Federation and other plaintiffs (collectively "NWF"), we consider a November 2004 Biological Opinion ("2004 BiOp") ... More...   $0 (04-25-2008 - OR)

Appellant Brock Independent School District ("BISD") sued Appellees Tony Briones d/b/a West Texas Concrete and Metal Buildings ("Briones") and Samuel Trevino d/b/a Sam=s Construction ("Trevino") (collectively "Appellees") for damages resulting from Appellees' installation of a roof in connection with a school construction project. A jury awarded BISD $519,771.00. In five issues, BISD argues that... More...   $0 (03-13-2008 - TX)

Defendants Secretary of the Navy, Department of the Navy, Secretary of the Department of Commerce, National Marine Fisheries Service (NMFS),1 and two Administrators of the National Oceanographic and Atmospheric Administration (NOAA) appeal the district court's January 3, 2008 order, as modified on January 10, 2008, granting a motion for a preliminary injunction and imposing certain conditions... More...   $0 (02-29-2008 - CA)

Javier and Eva Carrizales ("Plaintiffs") urge that Texas's standardized homeowners insurance policy with State Farm Lloyds ("State Farm") covers mold contamination resulting from a plumbing leak. The district court determined that it did not and entered summary judgment in favor of State Farm. Plaintiffs also challenge the district court's trial instruction to the jury that the failure to mit... More...   $0 (02-25-2008 - TX)