This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (2007-08).[1] As part of the 2007-2009 state budget, 2007 Wis. Act 20 (the Act), the legislature transferred $200 million from the Injured Patients and Families Compensation Fund (the Fund) to the Medical Assistance Trust Fund (MATF). 2007 Wis. Act 20, § 9225. To implement the Act, ... More...   $0 (07-20-2010 - WI)

The principal issues in this appeal concern whether a condominium regime's council of owners has acquired an easement permitting use of a portion of one owner's condominium unit "for the limited purpose of fire/emergency ingress and egress" by the other owners. While rejecting the council's claims that it had acquired such an easement by necessity or estoppel, the district court rendered judgment... More...   $0 (06-11-2010 - TX)

This litigation arises from a dispute over the scope of coverage afforded by a director's and officer's (D & O) liability insurance policy issued by Federal to Maritz. Maritz has obtained D & O insurance policies from Federal since 1985. Headquartered in St. Louis County, Maritz is a privately held company that has always been owned by lineal descendants of its founder, Edouard Maritz. Maritz has ... More...   $9000000 (05-29-2010 - MO)

Jimmie Butler appeals the district court’s grant of summary judgment for Cooper-Standard Automotive and a supervisor at Cooper-Standard, Timothy Barnhisel, on Butler’s claims of race discrimination, a hostile work environment, and retaliation in violation of federal and Ohio law. The district court granted summary judgment for Cooper-Standard and Barnhisel after determining that Butler could n... More...   $0 (04-30-2010 - OH)

This case arises from a dispute between plaintiffs David and Diana Wirth and defendants Sierra Cascade LLC and Dana Van Pelt over the ownership of certain mineral rights, including the right to mine pumice, in the approximately 28,000 acres of land that comprise the "Liskey Estate Tract" (the tract) in Klamath County.(1) Plaintiffs filed a declaratory judgment action to determine the scope of def... More...   $0 (04-14-2010 - OR)

This legal malpractice case tenders the doctrine of judicial estoppel, which precludes a party from taking inconsistent positions in separate proceedings where the position in the first proceeding was adopted by the court or accepted by it as true. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 181 (Jackson).) Judicial estoppel differs from collateral estoppel or equitable estoppel i... More...   $0 (04-07-2010 - CA)

This is a consolidated appeal from the separate orders of a single justice of the Appeals Court and of a full panel of the Appeals Court concerning the award of attorney's fees and litigation costs to the defendants. After a jury-waived trial, a Superior Court judge granted the defendants' motion for fees and costs under G.L. c. 231, § 6F, finding that "substantially all, if not all, of the plain... More...   $0 (03-25-2010 - MA)

Columbia Physical Therapy, Inc. (Columbia), a professional

service corporation owned by a group of physical therapists, brought this action

against Benton Franklin Orthopedic Associates (BFOA), a professional limited liability

company owned by physicians and employing physical therapists. Columbia asserts

that BFOA and its doctors and physical therapists are violat... More...   $0 (03-18-2010 - WA)

In these two closely related class action suits under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p, which we have consolidated for decision, the plaintiffs complain about dunning letters sent them by the well-known Plaza Associates debtcollection agency. In both cases the district court entered summary judgment in favor of Plaza after rejecting the survey evidence prepared by ... More...   $0 (03-17-2010 - IL)

Appellant Marilyn Summerlin, in her capacity as the mother of 18-yearold George Summerlin and the administratrix of his estate, filed a wrongful death action against Georgia Pines Community Service Board (the board), for the wrongful death of her son. At the time of his death, George was a patient at Georgia Pines, a residential facility for the care and treatment of individuals with mental illnes... More...   $0 (03-01-2010 - GA)

Plaintiff and appellant Forsgren Associates, Inc. (Forsgren), the general contractor for construction of a public golf course and flood channel, brought this breach of contract and foreclosure action against Pacific Golf Community Development, LLC (Pacific), the developer, and against property owners, Wilshire Road LLC (Wilshire), Makasa LLC (Makasa), and Desert Tortoise Public Financing Authority... More...   $0 (02-23-2010 - CA)

In July 2004, two groups of current and former employees of the Police and Fire Departments of the City of Providence, Rhode Island, and their families, sued the City and several City employees in their personal capacities. An automatic recording system at the City's new Public Safety Complex ("Complex"), which housed the Police and Fire Departments, recorded all telephone calls into and out of t... More...   $0 (02-23-2010 - RI)

Russel S. Bernard appeals from the trial court‟s judgment confirming an arbitration award against him. We affirm.

FACTS AND PROCEEDINGS

Respondents Howard Marks and Bruce Karsh and others formed respondent Oaktree Capital Management L.P. (Oaktree) in 1995, a real estate investment hedge fund. Oaktree established limited partnerships called “funds,â€� which it marketed to outside... More...   $0 (02-22-2010 - CA)

This appeal arises from a dispute between limited partners over the sale of a partnership interest in a Las Vegas hotel and casino. Red Sea Gaming Inc. and Red Sea Nevada, Inc. (“Red Seaâ€�) complain of an insufficient damage award. Block Investments (Nevada) Company, Block 1991 Investment Trust, and Michael A. Block (“Blockâ€�) raise a cross-point challenging the denial of their motion for j... More...   $0 (01-31-2010 - )

For a number of years Douglas Wilson sexually abused

Andrew Clayton, a young boy hired to help with yard work on properties owned by the

Wilsons' marital community. Clayton eventually notified police of the abuse, which

led to Mr. Wilson's arrest. When Mr. Wilson was released from jail but still awaiting

trial, the Wilsons executed a property agreement giv... More...   $0 (01-21-2010 - WA)

Debbie Donohue appeals the district court’s order denying her motions and granting summary judgment to Quick Collect, Inc. (“Quick Collect�) dismissing all of her claims. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

Donohue was a customer of a pediatric dental practice called the Children’s Choice (“Children’s Choiceâ€�) located in Spokane, Washington. C... More...   $0 (01-13-2010 - WA)

{1} The Bernalillo County Sheriff’s Department (BCSD) appeals the judgment of the district court holding it thirty percent liable for the wrongful death of Jason Wachocki. BCSD argues (1) that several of the district court’s factual findings were not supported by substantial evidence; (2) that the district court erred in finding that Jason Wachocki had no comparative fault in causing his death... More...   $0 (11-24-2009 - NM)

Plaintiffs and Appellants St. Jude Medical S.C., Inc. (SC) and Pacesetter, Inc. (Pacesetter) (collectively, St. Jude), along with employees Deana Dowell, Steven Chapman and Claudio Plaza, sued Defendant and Cross-appellant Biosense Webster, Inc. (Biosense) to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, including agreements it had wit... More...   $0 (11-19-2009 - CA)

¶1 Appellants John Szymanowski and Michael A. Wheeling (Szymanowski/Wheeling) appeal the trial court’s order granting summary judgment in favor of Appellees Robert H. Brace (Brace) and BCD Properties, Inc. (BCD). The parties formed a partnership known as BSW to drill two gas wells in Erie County on leaseholds previously acquired by and still titled to Brace. The parties dispute whether their pa... More...   $0 (11-13-2009 - PA)

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.â€� MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax... More...   $0 (10-29-2009 - )

This is an appeal from a judgment against a general partner for wrongful dissociation, breach of a noncompete clause, breach of the covenant of good faith and fair dealing, intentional interference with prospective contractual relations or business expectations, breach of fiduciary duties, and civil conspiracy. We vacate the judgment and remand this case for further proceedings.

I. BACKGROU... More...   $0 (10-21-2009 - ID)

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c... More...   $0 (10-08-2009 - AK)

This is an appeal from summary judgment in an interpleader action in which the district court determined that respondent partnership was entitled to the proceeds from the settlement of a lawsuit against the federal government, and dismissed appellants’ damages claims against respondent law firms, who were litigation counsel in the federal lawsuit and commenced this interpleader action to resolve... More...   $0 (09-29-2009 - MN)

[¶1.] Casey Ranch Limited Partnership (CRLP) and Milliron Bison Company, LLP (MBC) commenced this breach of contract action against Pauline Casey. The suit was based on oral agreements under which Pauline leased CRLP’s and MBC’s real property and agreed to pay for certain expenses associated with her use of the property to graze her cattle. The circuit court dismissed. With respect to MBC, th... More...   $0 (09-23-2009 - )