This appeal involves several issues arising under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 - 12213. Specifically, we hold, first, that in a case tried to a jury, the court decides whether the plaintiff has identified "impairments" and "major life activities" recognized under the ADA, but that the jury decides whether the plaintiff has demonstrated by a preponderance of the evi... More...   $0 (02-27-2002 - OK)

Ralph Nawrot sued his former employer, CPC International ("Bestfoods"), claiming that Bestfoods failed to accommodate reasonably his disability and discriminated against him because of his disability during his employment, and that his discharge was the product of age and disability discrimination and retaliation for seeking accommodation. In granting summary judgment to Bestfoods, the ... More...   $0 (01-11-2002 - IL)

United Book Press, Inc., appellant, brought suit in the Circuit Court for Baltimore County against Maryland Composition Co., Inc., appellee, alleging breach of contract and seeking indemnity. Appellant appeals from a judgment entered in favor of appellee after the circuit court, at trial, granted appellee’s motion for judgment at the close of appellant’s case. In addition to gene... More...   $0 (12-03-2001 - MD)

Plaintiff Phaedra R. Shively was employed by defendant Santa Fe Preparatory School as a French teacher for many years. The school signed and offered her a full-time contract for the 1994-95 school year which included the following as the last sentence: "The School may refuse to reemploy the teacher without cause, and this contract shall not give rise to any entitlement to or expectation of reem... More...   $0 (11-15-2001 - NM)

Plaintiff Phaedra R. Shively was employed by defendant Santa Fe Preparatory School as a French teacher for many years. The school signed and offered her a full-time contract for the 1994-95 school year which included the following as the last sentence: "The School may refuse to reemploy the teacher without cause, and this contract shall not give rise to any entitlement to or expectation of reemplo... More...   $0 (11-15-2001 - NM)

This condemnation case presents two issues: (1) whether damages resulting from a commercial property's increased proximity to a roadway, with attendant loss of curb appeal, green space, and "buffer" zone, are special rather than community damages, and (2) whe... More...   $1000000 (10-25-2001 - TX)

In... More...   $0 (08-17-2001 - DC)

¶1 In this reciprocal 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 charge against respondent and of its disposition?1 and (2) Is public censure an appropriate disciplinary sanction for respondent’s breach of professional ethics? We answer both que... More...   $0 (06-26-2001 - OK)

¶1 In this reciprocal 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 charge against respondent and of its disposition?1 and (2) Is public censure an appropriate disciplinary sanction for respondent’s breach of professional ethics? We answer both que... More...   $0 (06-26-2001 - OK)

In 1993, Ernest Bowen noticed an oily sheen in Flag Branch Creek, which is located on his property. After investigating the matter, the Oklahoma Corporate Commission (OCC) concluded remediation of the creek would be more detrimental than beneficial. In 1993, however, Mr. Bowen again observed a sheen in the creek, after which he notified the Pollution Control Division of the OCC, as well as Amoco P... More...   $2241000 (06-22-2001 - OK)

The trial in the district court was about the breach of a franchise agreement and the reasonableness of a liquidated damages clause. The court refused to enforce the liquidated damages clause, deeming it a penalty. We conclude that the court misallocated the burden of proof and lacked an adequate factual basis for its penalty determination. We therefore vacate the judgment and remand for further p... More...   $0 (02-23-2001 - RI)

Plaintiffs Okanogan Highlands Alliance (OHA) and the Confederated Tribes of the Colville Reservation (Colville) challenge the adequacy of the Final Environmental Impact Statement (EIS) and Record of Decision (ROD) prepared by the United States Forest Service (Forest Service). 1 Plaintiffs make three arguments: (1) The district court and the Regional Forester considered documents that were no... More...   $0 (12-29-2000 - OR)

2. Where a tenant, under contract to pay rent on real property, abandons the property and notifies the landlord of that abandonment, it is the landlord's duty to make a reasonable effort to secure a new tenant and obtain rent before he can recover from the old tenant unde... More...   $0 (12-08-2000 - KS)

Eastern Trading Company, a partnership located in Dubai that trades gold and silver bullion in large quantities, brought this suit against two commonly owned corporations--Refco, Inc., a Chicago commodities broker, and Refco Capital Corporation-- charging fraud and related misconduct in violation of the Commodity Exchange Act, 7 U.S.C. sec.sec. 1a et seq., and the common law of Illinois. T... More...   $0 (10-10-2000 - IL)

Appellants San Remo Hotel L.P., Robert Field, Thomas Field, and T & R Investment Corp. (the Hotel) alleged in the trial court that the Hotel Conversion Ordinance (HCO) as amended in 1990, of the City and County of San Francisco (the City) resulted in an unconstitutional taking of appellants’ property. Appellants had originally made their claims in the federal courts, and had initially o... More...   $0 (09-06-2000 - CA)

I. Background Facts and P... More...   $0 (09-09-1999 - IA)

Automobile accident - Plaintiff's car was traveling westbound on Jewel Avenue at 60 to 70 miles per hour when it hit the front passenger side of the defendant's car, traveling eastbound, as it was turning left from Jewel Avenue to 138th Street. Upon impact, plaintiff's face hit the steering wheel causing injuries to his left eye and nose and facial fractures. Defendant asserted a seat belt defen... More...   $66000 (12-18-1996 - NY)

1 The Oklahoma Bar Association (OBA) filed a complaint against Earl W. Wolfe (Wolfe or Respondent) on June 2, 1994, alleging seventeen counts of misconduct in violation of the Oklahoma Rules of Professional Conduct, Okla. Stat. tit. 5, ch. 1, app. 3-A (1991) (hereinafter ORPC), and the Rules Governing Disciplinary Proceedings, Okla. Stat. tit. 5, ch. 1, app. 1-A (1991) (hereinafter RGDP). Respo... More...   $0 (06-18-1996 - OK)

¶1 Robert William Clayton, Petitioner, was convicted of Murder in the First Degree and sentenced to death in the District Court of Tulsa County, Case No. CRF-85-2501. Judgment and sentence were affirmed by this Court in Clayton v. State, 840 P.2d 18 (Okl.Cr. 1992), cert. denied, ___ U.S. ___, 113 S.Ct. 1655, 123 L.Ed.2d 275 (1993). Petitioner's subsequent Application for Post Conviction Relief wa... More...   $0 (01-10-1995 - OK)

Petitioner challenges the decision of the Oregon Supreme Court which held that the city of Tigard could condition the approval of her building permit on the dedication of a portion of her property for flood control and traffic improvements. 317 Ore. 110, 854 P.2d 437 (1993). We granted certiorari to resolve a question left open by our decision in Nollan v. California Coastal Comm'n, 483 U.S. 825, ... More...   $0 (06-24-1994 - OR)

Following a jury trial, defendant, Christopher Abernathy, was found guilty of the murder, attempted aggravated criminal sexual assault, aggravated criminal sexual assault, and armed robbery of Kristina Hickey. Defendant was sentenced to a term of natural life imprisonment for the murder, 30 years' imprisonment for the armed robbery and 30 years' imprisonment for the aggravated criminal sexual assa... More...   $0 (09-20-1989 - IL)

¶1 Fred P. Gilbert, a Tulsa attorney, appeals from an Order Adjudging him guilty of Direct Contempt in Oklahoma County District Court, Case No. CJ-80-259. He was sentenced to serve six (6) months in the County Jail and pay a three thousand dollar ($3,000) fine.

I.

STATEMENT OF FACTS

¶2 The contempt conviction occurred in the course of proceedings held on an application... More...   $0 (07-01-1982 - OK)

¶1 This is a suit for damages for conversion of an automobile and for punitive damages.

¶2 Defendant's verified Answer reads in its entirety:

"COMES now the defendant and for answer to the petition of the plaintiff filed herein denies each and every material allegation therein contained."

¶3 After the taking of depositions and the entering of a stipulation of facts by th... More...   $0 (09-30-1975 - OK)

¶0 1. APPEAL AND ERROR - Supreme Court Without Jurisdiction to Determine Questions of Fact and Law New and Different From Those Involved When Case Presented on Appeal.
In an appellate proceeding the Supreme Court does not have original jurisdiction to try and determine questions of fact and law new and different from those involved in the case when it was presented on appeal.
2. MECHANICS'... More...   $0 (12-07-1931 - OK)

�2 The plaintiff complained of an arrest made November 26, 1924, in... More...   $0 (09-22-1931 - OK)