Mitigation Law
 
UNITED STATES OF AMERICA v. NEVADA POWER COMPANY

The Department of Justice and the Environmental Protection Agency today announced a $60.7 million Clean Air Act settlement with Nevada Power Company that will improve air quality in the Clark County/Las Vegas, Nevada–area by requiring the company to reduce emissions of nitrogen oxides (NOx), a harmful air pollutant, from its Clark Generating Station by about 2,300 tons annually.

The settl... More...   $60700000 (06-15-2007 - NV)

United States v. Nevada Power Company

The Department of Justice and the Environmental Protection Agency today announced a $60.7 million Clean Air Act settlement with Nevada Power Company that will improve air quality in the Clark County/Las Vegas, Nevada–area by requiring the company to reduce emissions of nitrogen oxides (NOx), a harmful air pollutant, from its Clark Generating Station by about 2,300 tons annually.

The settl... More...   $60700000 (06-14-2007 - NV)

City of Tulsa v. Raintree Estates I, Inc.

¶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 (05-25-2007 - OK)

Linda A. Timmerman v. U.S. Bank, N.A.

Plaintiff-Appellant Linda A. Timmerman was terminated from her position as branch manager at U.S. Bank after bank management discovered that she had refunded at least $1,099 worth of overdraft fees to two subordinates' bank accounts. In response, Ms. Timmerman brought sex and age discrimination claims against U.S. Bank pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII") and the... More...   $0 (05-01-2007 - CO)

City of Monte Sereno v. Darla Padgett, et al.

The City of Monte Sereno ("City") sued defendants Darla and Joseph Padgett for abatement of a public nuisance and violations of the Monte Sereno Municipal Code (MSMC). The parties settled before trial, with an agreement that the action would be "deemed dismissed" upon defendants' compliance with the City's demands, and that the City could thereafter seek its attorney fees. The trial court a... More...   $0 (04-27-2007 - CA)

Eric Jason Brooks v. Galen of West Virginia, Inc. d/b/a Greenbrier Valley Medical Center et al.

This is an appeal by Eric Jason Brooks (hereinafter "Appellant") from a jury verdict in the Circuit Court of Greenbrier County in favor of Galen of West Virginia, d/b/a Greenbrier Valley Medical Center (hereinafter "GVMC" or "Appellee"). The Appellant contends that the lower court erred by taking judicial notice of a Social Security disability hearing which found the Appellant disabled due to a... More...   $0 (04-20-2007 - WV)

Stephen H. Adams v. Lance Dyer, et al.

Stephen H. Adams, proceeding pro se, appeals the district court's grant of summary judgment in favor of the defendants on his claims brought under 42 U.S.C. 1983. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion.

I

At approximately 3:00 a.m. on January 31, 2003, Vontrice DeRuso ... More...   $0 (02-12-2007 - CO)

Uphold Our Heritage v. Town of Woodside and Steven Jobs

Disregarding multiple staff recommendations to the contrary, the Town of Woodside (Town) issued a permit to Steve Jobs authorizing the demolition of a mansion of historic significance to permit the construction of a smaller single family residence. The Town council (Council), like the planning commission, found that the proposed alternatives to the demolition identified in an environmental ... More...   $0 (02-11-2007 - CA)

Rud Okeson, et al. v. City of Seattle

n this class action on behalf of Seattle City Light ratepayers, we are asked to decide whether a municipal utility may mitigate the effects of its greenhouse gas emissions by paying public and private entities to reduce those entities' emissions. We hold that combating global warming is a general government purpose, albeit a meritorious one, and not a proprieta... More...   $0 (01-24-2007 - WA)

Mark Jones v. Ophelia Rallos

Following a jury trial, defendant Ophelia Rallos, M.D., was found liable for medical malpractice with regard to care rendered to plaintiff Mark Jones connected to an apparently false diagnosis that Jones tested positive for the human immunodeficiency virus (HIV). The jury awarded plaintiff damages in the amount of $350,000 and the circuit court denied defendant's posttrial motion. Defendant no... More...   $0 (10-18-2006 - IL)

County of San Diego v. Grossmont-Guyamaca County College District

Defendant Grossmont-Cuyamaca Community College District (the District) prepared a master plan approving 20 construction and remodel projects (hereafter the project) at its Cuyamaca College campus in the unincorporated community of Rancho San Diego that will accommodate a substantial growth in student population and result in significant impacts to off-campus traffic. Acting pursuant to the ... More...   $0 (07-08-2006 - CA)

Oklahoma Bar Association v. Barry K. Beasley

1 The complainant, Oklahoma Bar Association (Bar Association), filed a complaint on July 12, 2005, and an amended complaint on September 26, 2005, against respondent, Barry Knight Beasley (Beasley), alleging multiple violations of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2001, ch. 1, app. 3-A, and the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2001, ch. 1, app. 1-A. ... More...   $0 (06-27-2006 - OK)

State of Oklahoma, ex rel. Oklahoma Bar Association v. Rhett Henry Wilburn

1 The Complainant, Oklahoma Bar Association (the Bar), filed a complaint on February 25, 2005, against Rhett Henry Wilburn, a licensed attorney in Oklahoma, pursuant to Rule 6, Rules Governing Disciplinary Proceedings, 5 O.S. 2001, Ch. 1, App. 1-A. The Bar alleged Wilburn was initially charged with two counts of felony sexual battery (emphasis added by MoreLaw) in Tulsa County.1 Both fem... More...   $0 (06-27-2006 - OK)

World Wide Association of Specialty Programs v. Pure, Inc., et al.

Plaintiff-Appellant World Wide Association of Specialty Programs and Schools ("World Wide") filed suit in federal district court against Defendants-Appellees Jeff Berryman and Sue Scheff, as well as Ms. Scheff's business, Parents Universal Resource Experts, Inc., and its successor, PURE Foundation, Inc., after Mr. Berryman and Ms. Scheff made negative remarks about World Wide on various interne... More...   $0 (06-16-2006 - UT)

Australian Gold, Inc., et al. v. Brenda Hatfield, et al.

This case stems from Defendants' unauthorized resale over the internet of indoor tanning lotions manufactured and distributed by Plaintiffs. Plaintiffs sued Defendants for trademark infringement, false advertising, and tortious interference with the contracts between Plaintiffs and their distributors. Defendants filed this appeal after a jury awarded Plaintiffs over $5 million in compensatory a... More...   $450000 (02-09-2006 - OK)

Mikala Price, etc. v. Hickory Point Bank & Trust, etc.

In November 2004, plaintiff David Massey, as guardian of the estate of plaintiffs, Mikala and Mikal Price (twins, born in April 2000), filed a second-amended negligence complaint against defendants, Hickory Point Bank & Trust, Trust No. 0192; Macon County Title, LLC; Andrew Chiligiris; and Real Estate Managers, LLC. Specifically, plaintiffs alleged that while Mikala and Mikal were tenants in o... More...   $0 (01-15-2006 - IL)

Environmental Protection Agency v. E.I du Pont de Nemours and Company (DuPont)

DuPont will pay $10.25 million -- the largest civil administrative penalty EPA has ever obtained under any federal environmental statute -- to settle violations alleged by EPA over the company's failure to comply with federal law. Under the settlement, filed with the Agency's Environmental Appeals Board, Dupont is also committing to $6.25 million for Supplemental Environmental Projects (SEPs). ... More...   $10250000 (12-15-2005 - DC)

State ex rel. Oklahoma Bar Association v. Benefield

1 The Oklahoma Bar Association (the OBA), filed a complaint against attorney Barry W. Benefield (Respondent). The OBA alleges that by his neglectful acts, Respondent violated rules 1.1,1 1.3,2 1.4,3 1.5(a),4 8.4(a), and 8.4(d)5 of the Oklahoma Rules of Professional Conduct, 5 O.S.2001, ch. 1, app. 3-A (ORPC), and rule 1.36 of the Rules Governing Disciplinary Proceedings, 5 O.S.2001, ch. 1, app.... More...   $0 (10-25-2005 - OK)

State ex rel. Oklahoma Bar Association v. Benefield

1 The Oklahoma Bar Association (the OBA), filed a complaint against attorney Barry W. Benefield (Respondent). The OBA alleges that by his neglectful acts, Respondent violated rules 1.1,1 1.3,2 1.4,3 1.5(a),4 8.4(a), and 8.4(d)5 of the Oklahoma Rules of Professional Conduct, 5 O.S.2001, ch. 1, app. 3-A (ORPC), and rule 1.36 of the Rules Governing Disciplinary Proceedings, 5 O.S.2001, ch. 1, app.... More...   $0 (10-25-2005 - OK)

Tiffany Family Trust Corporation v. City of Kent

Tiffany Family Trust Corporation asks us to find that a $364,939 local improvement district (LID) assessment was an unconstitutional taking and a violation of due process. Because Tiffany failed to use the mandatory statutory procedure for challenging LID assessments, the city's assessment against Tiffany is conclusively correct and for that reason Tiffany's state and federal constitution... More...   $0 (09-16-2005 - WA)

K&K Construction, Inc. and JFK Investments, LLC v. Department of Environmental Equality

The trial court entered judgment in favor of plaintiffs against defendant. Defendant appeals the judgment, and we reverse and enter judgment in favor of defendant.

I. NATURE OF THE CASE

When a citizen claims that a governmental land-use regulation, or its regulatory implementation, adversely impacts the value of his property, and seeks just compensation under the Takings Clause of th... More...   $0 (07-29-2005 - MI)

National Wildlife Federation, et al. v. National Marine Fisheries Service, et al.

The defendants appeal the district court's grant of a preliminary injunction, based on a violation of the Endangered Species Act (or "ESA"), 16 U.S.C. §§ 1531-1544, requiring the United States to pass a specified amount of water through the spillgates of four dams on the Snake River, and one dam on the Columbia River during the summer months of 2005, rather than passing the water through... More...   $0 (07-27-2005 - OR)

State ex rel. Stacy v. Batavia Local School Distrist Board of Education

{ 1} This is an appeal and cross-appeal from a judgment awarding back pay and benefits in a mandamus action. We affirm in part and reverse in part.

{ 2} From March 1985 through August 21, 1998, appellee and crossappellant Batavia Local School District Board of Education employed appellant and cross-appellee, Dorsie Stacy, as a mechanic, under a continuing contract. During this period,... More...   $0 (07-15-2005 - OH)

Alice Jaasma; Trust Under Last Will and Testament of Ralph McEwan v. Shell Oil Company

This is an appeal by plaintiffs Alice Jaasma and the Trust of Ralph McEwan (hereinafter "Jaasma") from an order of the District Court granting judgment as a matter of law against Jaasma pursuant to Fed. R. Civ. P. 50(a), because Jaasma had not established that the defendants, Shell Oil Company (Shell) and its assignee, Motiva Enterprises, LLC (Motiva) had breached their obligations under ... More...   $0 (06-30-2005 - NJ)

Khammoung Praseuth v. Rubbermaid, Inc.

This is an employment discrimination case brought under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the Act or the ADA), and the Kansas Act Against Discrimination, K.S.A. § 44-1001 et seq. The plaintiff also alleged fraud and breach of implied contract. The district court granted defendant summary judgment on the fraud claim prior to trial. At the close of plaintiff's eviden... More...   $132639 (05-12-2005 - KS)

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