This appeal concerns an application to demolish a building located in downtown Fresno and expand a parking lot onto the cleared land. The building is one of two nearly identical 90-year-old apartment buildings located next to one another. After receiving the site plans, the City of Fresno (City) (1) decided not to list either building in the local register of historic resources, (2) rejected a... More...   $0 (02-19-2008 - CA)

2 On August 6, 2004, the Gallegoses filed a complaint against the Lloyds for trespass, negligence, and quiet title, alleging that the Lloyds built their home on property that belonged to the Ga... More...   $0 (02-14-2008 - UT)

The plaintiffs are among a group of 24 ... More...   $0 (01-30-2008 - IL)

Following a trial, the jury returned a verdict in favor of the plaintiff on his claim of negligence and awarded him $342,879.43. Th... More...   $352807 (01-13-2008 - CT)

Appellant-plaintiff Craig Goulet appeals from the entry of a directed verdict in favor of defendant New Penn Motor Express ("New Penn") and from a jury verdict in favor of defendant Teamsters Local 25 ("Local 25" or "the union") in the United States District Court for the District of Massachusetts on his hybrid claim for breach of a labor agreement by New Penn and breach of the duty of fair rep... More...   $0 (01-12-2008 - MA)

This appeal arises from a storm-induced flood that occurred in Sparks, Nevada, on January 1, 1997. During the storm, respondent City of Sparks (the City) evacuated appellants' businesses, barricaded the street entrance to their businesses, and denied them access to their businesses. Consequently, appellants were unable to remove their property before the flood waters destroyed it.... More...   $0 (01-09-2008 - NV)

This appeal concerns a permit issued to Defendant- Appellee Alaska Gold Company ("AGC"), by Defendant- Appellee Army Corps of Engineers ("the Corps") for a major gold-mining project near Nome, Alaska. The permit was issued pursuant to Section 404 of the Clean Water Act ("CWA"), 33 U.S.C. § 1344, which authorizes the Corps to issue permits for the discharge of dredged or fill material in... More...   $0 (01-08-2008 - AK)

Plaintiff Felice Bressler Rose brought an action under the Magnuson-Moss Warranty- Federal Trade Commission Improvement Act (the Magnuson-Moss Act) (15 U.S.C. §2301 et seq. (2000)) for breach of express and implied warranties against defendant Mercedes-Benz after several unsuccessful attempts to repair her 2002 Mercedes ML 500. Following a bench trial, the trial court entered judgment for... More...   $0 (01-08-2008 - IL)

Weyerhaeuser is the record owner of 300 acres known as Sherrill Farm in McCurtain County, Oklahoma. This appeal arises from Weyerhaeuser's suit to remove Carl Brantley and his livestock from Sherrill Farm. As an affirmative defense to Weyerhaeuser's suit, Brantley sought ownership of Sherrill Farm through adverse possession or, in the alternative, a prescriptive grazing easement on the e... More...   $0 (12-31-2007 - OK)

Petitioner, Cecile B. Woods, seeks review of a Court of Appeals ruling that the superior court lacks subject matter jurisdiction under the Land Use Petition Act (LUPA), chapter 36.70C RCW, to review a claim that a site- specific rezone application does not comply with the Growth Management Act (GMA), chapter 36.70A RCW. Woods claims the appellate court decision conflicts ... More...   $0 (12-20-2007 - WA)

The Center for Native Ecosystems, the Biodiversity Conservation Alliance, and the Forest Guardians (collectively CNE) appeal the district court's order denying a petition for review of the United States Forest Service's authorization of livestock grazing in Medicine Bow National Forest. CNE first contends that the Forest Service violated § 7(a)(2) of the Endangered Species Act, 16 U.S.C. ... More...   $0 (12-20-2007 - CO)

The unchallenged facts adduced at trial and found by the state court follow. On May 23, 1... More...   $0 (12-18-2007 - NC)

Plaintiff-Appellant Elmer Van Gorder ("Van Gorder") appeals the district court's order granting summary judgment in favor of Defendant- Appellee Grand Trunk Western Railroad ("Grand Trunk") in this negligence action filed pursuant to the Federal Employer's Liability Act ("FELA"), 45 U.S.C. § 51, et seq. Van Gorder claims that the district court erred in finding that there were no genuine is... More...   $0 (12-16-2007 - MI)

In this case, we must resolve the question whether the U.S. Army Corps of Engineers (the "Corps") exceeded its authority under the Clean Water Act (the "Act") when it issued a general permit (the "Permit") authorizing all landowners engaged in "suburban development" in a large contiguous area of the Florida panhandle to discharge limited types and amounts of dredged and fill material into... More...   $0 (12-10-2007 - FL)

Appellants the Sierra Club and the Sierra Nevada Forest Protection Campaign (collectively, "Sierra Club") appeal the district court's summary judgment in favor of the United States Forest Service and Department of Agriculture (collectively, "Forest Service"), in their action alleging that the defendants violated the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321-4370f. Th... More...   $0 (12-09-2007 - CA)

On appeal, Narsi argues that the final judgment was improper because (1) the trial court misconstrued the plain language of the Original Lease, Renewal Agreement, and Lease As... More...   $0 (12-05-2007 - TX)

We granted certiorari in Valdez v. Pringle, 143 P.3d 1069 (Colo. App. 2005), to determine whether the court of appeals correctly affirmed a jury's damages award in this automobile accident case.1 The jury found that Petitioner Debbie Jo Pringle, the defendant in the trial court, was at fault in causing the accident, and awarded Respondent Mark Valdez, the plaintiff in the trial court, $400,00... More...   $400000 (12-02-2007 - CO)

Chad and Michelle O'Hara ("the O'Haras") bring suit against General Motors Corporation ("GM") for injuries sustained by their daughter, H.O., when she was partially ejected from a 2004 Chevrolet Tahoe during a rollover accident. The district court granted summary judgment in favor ofGMon the ground that the suit is preempted by Federal Motor Vehicle Safety Standard ("FMVSS") 205. 49 C.F.... More...   $0 (11-20-2007 - TX)

This appeal concerns the Navy's use of mid-frequency active sonar in fourteen training exercises off the coast of Southern California. The Navy completed three of these exercises in February and March of this year. On August 7, 2007, the district court entered a preliminary injunction prohibiting the Navy from using mid-frequency active sonar during the course of the eleven remaining exerc... More...   $0 (11-13-2007 - CA)

Barbour was a probationary teacher employed by the Board on a year-to-year basis. His contract for the 2003-2004 school year was to expire on June 1, 2004. On April 7, 2004, the Board held a special meeting to discuss various items, including the renewal of probationary teachers. The first few moments of the meeting were held in public, then the Board moved into executive session. No minutes of... More...   $0 (11-05-2007 - CO)

In this appeal, we once again address the sudden emergency doctrine and decide what, if anything, an instruction on that subject must include with regard to a defendant's evidentiary burden. Because we conclude that the circuit court did not err by giving a sudden emergency instruction that contained no reference to the defendant's evidentiary burden, we will affirm the judgment of the c... More...   $0 (09-25-2007 - VA)

¶1 Appellant Scott James Eizember was tried by jury and convicted of Second Degree Felony Murder (Count I) (21 O.S. 2001, § 701.8(2)); First Degree Malice Murder (Count II) (21 O.S. 2001, § 701.7(A)); Assault and Battery with a Dangerous Weapon (Count III) (21 O.S. 2001, § 645); Shooting with Intent to Kill (Count IV) (21 O.S. 2001, § 652); First Degree Burglary (Count V) (21 O.S. 2001, §... More...   $0 (07-26-2007 - OK)

Forest Guardians(*) appeal a district court decision finding that the United States Forest Service ("USFS") complied with the relevant laws in approving the County Line Vegetation Management Project. They argue that USFS: (1) violated the National Forest Management Act ("NFMA"), 16 U.S.C. § 1604(b), by failing to collect actual population data for management indicator species ("MIS"); (2) fai... More...   $0 (07-20-2007 - CO)

¶1 Jimmy Dean Harris was tried by jury and convicted of Murder in the First Degree in violation of 21 O.S.1991, § 701.7 , in the District Court of Oklahoma County, Case No. CF-1999-5071. On appeal, this Court reversed the punishment of death recommended by the jury and imposed by the trial court, and remanded the case for resentencing. 1 The jury at Harris’s resentencing trial found that Ha... More...   $0 (07-19-2007 - OK)

Appellee Promod Seth sued appellant Dynacq HealthCare, Inc. f/k/a Dynacq International, Inc. for breach of an employment agreement and a related stock option agreement. The trial court rendered judgment on the jury's verdict that Seth recover $53,000.00 for breach of the employment agreement, $173,688.00 for breach of the stock option agreement, $60,850.00 in attorney's fees for trial, and $17... More...   $70000 (07-13-2007 - TX)