¶1 The dispositive issue presented on review is whether the claimant met the statutory definition of a "physically impaired person" at the time of the claimant's second on-the-job injury for purposes of determining eligibility for Multiple Injury Trust Fund (Fund) benefits. Subsumed in this determination is whether a duly-executed settlement agreement-memorialized on a form prescribed by the Work

Defendants Jennifer Dessel and her daughter, Emily Seal, were half-owners of an
investment property; plaintiff Gayle S. Cummings owned the other half. After disputes
arose, Cummings sued seeking partition of the property. Following a bench trial, and
over the objection of Dessel and Seal, the court ordered partition of the property by the
appraisal method—that is, each half-owner

This is an appeal from a final judgment rendered after a trial by jury in a personal-injury lawsuit. The injury occurred on a commercial construction site, following the collapse of a crane. The claimant was the general contractor’s superintendent, and he sued a subcontractor on claims of negligence, gross negligence, and intentional injury. The jury made findings in favor of the claimant, and t

This is an appeal from the approval of a settlement of a Federal Rule of Civil Procedure 23(b)(3) class action arising out of hexavalent chromium contamination in Jersey City,
4
New Jersey. The class action was brought on behalf of property owners in several neighborhoods in Jersey City whose homes were allegedly contaminated by byproducts disposed of at two chromium chemical manufacturing

On January 23, 2015, Starke County Sheriff’s Chief Detective Rob Olejniczak
and Jaime Fletcher conducted a search of a residence Detective Olejniczak
believed was owned by Martin’s mother following Martin’s consent.1 Martin
advised Detective Olejniczak that he was staying at the residence. Police
discovered a bag in the corner of the front porch containing drug parapher

INTRODUCTION
Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aris

Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aristea contends the

Herd owns a parcel of land in the southeast quarter of section 32 of Protection Township in Comanche County, Kansas. This parcel of land has been in Herd's family since her grandfather purchased it in 1925; in 1950, the family built a farm house on the land, which is currently occupied by Herd's son and daughter-in-law.

Shrauner owns approximately 310 acres of land in section 33 of Pro

David White thought he had saved his house from foreclosure. He paid the
mortgage servicer, CitiMortgage, Inc., thousands of dollars to undo a sale to the
1The Honorable William Jay Riley stepped down as Chief Judge of the United
States Court of Appeals for the Eighth Circuit at the close of business on March 10,
2017. He has been succeeded by the Honorable Lavenski R. Smith.
F

These three appeals arise from two cases that concern the passage,
implementation, and alleged effects of Amendment 64 to the Colorado Constitution,
Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State’s criminal and
civil proscriptions on “recreational marijuana,”1 and created a regulatory regime designed
to ensure that marijuana is unadulterated and taxed

The six cases consolidated on
appeal all involve claims related to asbestos exposure over
2 Nos. 16‐1799, 16‐2376, 16‐2377, 16‐2378, 16‐2379, 16‐2380
thirty years ago at a single Marshfield, Wisconsin plant which
produced fire doors.1 While complex on the surface, and
involving bulky appendices and appeals of separate orders,
the thrust o

This case arises from flooding on property belonging to Owen and Sally Brainard
that the City of Rollingwood allegedly caused. The Brainards sued the City for an intentional
constitutional taking. The City filed a plea to the jurisdiction, and the trial court denied the plea.
In its sole appellate issue, the City contends that the trial court erred in denying its plea to the
jurisd

In this writ of review proceeding, petitioners Ronald
and Kathleen Lenn appeal a judgment of the circuit court
upholding Lane County’s partition of respondent Bottem’s
property and approval of a second home site on that property
under Measure 49 (2007). Petitioners contended in
the trial court that the county erred in approving the partition
because it depends on access

In this construction defect lawsuit by a homeowner, the jury found the general
contractor -- defendant Estate of William G. Davidson, formerly Davidson Construction
(Davidson) -- negligent and liable for some, but not all, alleged violations of building
standards under the Right to Repair Act, Civil Code section 895, et seq. (the Act). The
estate is a proper party where the deceden

John Diehl, while a resident of Washington State, owned eight vacant lots in
Crescent City, California (City).
1
Diehl appeals from the superior court‘s denial of his
petition for a writ of administrative mandate, brought under Code of Civil Procedure
section 1094.5. Diehl‘s writ petition challenged the City‘s determinations that the
overgrown weeds and rubbish on hi

On October 13, 2015, Terre Haute Police Department Officer Daniel LaFave
(“Officer LaFave”) initiated a traffic stop of a van driven by West, attached to a
trailer without operational brake lights. West produced a driver’s license but
was unable or unwilling to produce the vehicle’s registration and his proof of
insurance. West also denied knowing the name of his insu

Christopher Riegel and various entities affiliated with him––My Three Sons, Ltd., My
Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel,
M.D., P.A.––appeal the trial court’s dismissal of their lawsuit against appellees for failing to
comply with an order compelling arbitration of the dispute. In five issues, appellants complain
the trial c

The Unit Owners Association of BuildAmerica-1, a condominium, filed its bill to enforce liens recorded against condominium units owned by Harry F. Gillman and Saundra K. Gillman based upon fines it had levied for alleged violations by them of its rules and regulations. It also sought to enjoin the Gillmans from bringing their garbage trucks onto the common elements of the condominium. The Gillman

Several Kentucky residents sued to stop a company from building
a cell-phone tower near their homes. They allege tort claims based on their concern that the
*This decision was originally filed as an unpublished opinion on January 30, 2017. The court has now
designated the opinion for full-text publication.
>
No. 16-5524 Robbins, et al. v. New Cingular Wireless Page 2
tower

NRS 116.3116-.31168 2 grant a homeowners' association (HOA)
a superpriority lien for certain unpaid assessments and allow an HOA to
nonjudicially foreclose on such a lien if specific requirements are met. In
this appeal, we must determine whether these statutes violate a first
security interest holder's due process rights. We hold that neither the
HOA's nonjudicial foreclosure,

On August 21, 2006, Pacheco was driving a red Chevrolet truck in Lafayette
when police officers initiated a traffic stop after pacing Pacheco’s vehicle as
traveling approximately forty-five miles per hour in a thirty-five-mile-per-hour
zone. Officers had been conducting surveillance of Pacheco for suspected drug
dealing prior to the stop. After a drug detection K-9 alerted

Portsmouth, NH - Jim Boyle, one of the owners of a Toyota dealership in Portmouth, sued the City of Portsmouth and Comcast on trespass and negligence theories claiming that his property flooded with sewage and his business was damaged as a direct result of a city sewer pipe traversing his property. He claimed that flooding prevented him from expanding is Toyota of Portsmouth Toyota business which

On January 7, 2015, Assistance Chief Terry Miller, Deputy Gary Davis,
and Officer Todd Halverson executed a search warrant for an outbuilding and a
fifth-wheel camper located on a property in Winterset, Iowa. The search warrant
sought a 2009 Yamaha Rhino utility task vehicle (UTV) and a CAT skid loader
believed to be stolen, and sought permission to search the camper for