Intown Lesse Associates, LLC v. Michael Keith Howard |
¶1. Michael Howard and Shannon Poole were awarded a four-million-dollar jury verdict against InTown,1 an extended-stay motel, for injuries each sustained as victims of an armed robbery in the motel. Aggrieved, InTown appealed. Finding no error, this Court affirms the trial court’s judgment. |
Ronald H. Semler v. General Electric Capital Corporation |
This appeal raises the question of whether a commercial lending institution, which is also an equity investor in a borrower‘s venture, violated the Unruh Civil Rights Act (Act) (Civ. Code, § 51) by declining to make a loan to a limited liability company because its managing member included a felon who had conspired to falsify customs documents and sell munitions to Syria. |
Dianne Turner v. Brooke Nelson |
This is an appeal from an opinion of the Court of Appeals reversing the summary judgment granted Appellant by the Fayette Circuit Court . The trial court granted Appellant, Dianne Turner, summary judgment on grounds that she was entitled to "qualified official immunity" from the claims that Appellee, Brooke Nelson, individually, and as next friend of F.B ., asserted against her. Because Turner's a... More... $0 (06-16-2011 - KY) |
Roy Nash v. Garden City Apartments |
This is an appeal from a forcible-detainer action to evict the defendant/appellant Roy Nash from the premises of the plaintiff/appellee Garden City Apartments (“Garden City”). We affirm. |
Justin Layshock v. Hermitage School District |
We are asked to determine if a school district can punish a student for expressive conduct that originated outside of the schoolhouse, did not disturb the school environment and was not related to any school sponsored event. We hold that, under these circumstances, the First Amendment prohibits the school from reaching beyond the schoolyard to impose what might otherwise be appropriate discipline.... More... $0 (06-13-2011 - PA) |
Roy Nash v. Garden City Apartments |
This is an appeal from a forcible-detainer action to evict the defendant/appellant Roy Nash from the premises of the plaintiff/appellee Garden City Apartments (“Garden City”). We affirm. |
Don DiFiore v. American Airlines, Inc. |
In September 2005, American Airlines, Inc. ("American") began charging passengers a fee of $2 for each bag checked with porters who provide curbside service (called "skycaps") at Boston's Logan Airport. Arguing that passengers mistook the fee for a mandatory gratuity for the skycaps and stopped tipping, several porters brought suit against American; the present appeal is a product of that litigati... More... $0 (05-20-2011 - MA) |
Legend Night Club v. Dennis B. Miller |
"Under the doctrine of overbreadth, a statute violates the First Amendment it if prohibits a substantial amount of protected expression." PSINet, Inc. v. Chapman, 362 F.3d 227, 234 (4th Cir. 2004). Defendants appeal a permanent injunction prohibiting the enforcement of a Maryland statute due to its overbreadth. We conclude that the statute—which limits the range of permissible conduct, attire, a... More... $0 (02-17-2011 - MD) |
Plaintiff B v. Joseph R. Francis |
Anonymous Plaintiffs-Appellants J, S, B, and V sued Joseph R. Francis and Mantra Films, Inc., MRA Holdings, LLC, and Aero Falcons, LLC—companies owned or controlled by Francis—for damages stemming from films the Defendants produced in which the Plaintiffs, while under the age of eighteen, exposed their breasts and engaged in sexually explicit acts. The Plaintiffs filed a motion to maintain the... More... $0 (02-11-2011 - FL) |
Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County, Florida |
At issue today is the constitutionality of an ordinance that the Manatee County, Florida Board of County Commissioners (“the Board”) adopted to regulate sexually oriented businesses in Manatee County (“the County”). Peek-a-Boo Lounge of Bradenton, Inc. (“Peek-a-Boo”), an adult dancing establishment in Manatee County, along with two similar establishments, sued 1 the County claiming tha... More... $0 (01-21-2011 - FL) |
Emir Bautista v. County of Los Angeles |
Emir Bautista was terminated as a sworn peace officer by the Los Angeles County Sheriff‟s Department (Department) for engaging in a personal relationship with a known prostitute and heroin addict in violation of the Department‟s prohibited-association policy. On appeal Bautista challenges the trial court‟s denial of his petition for writ of mandate seeking to reverse the decision of the Los ... More... $0 (12-07-2010 - CA) |
729, Inc. dba Rodney's v. Kenton County Fiscal Court |
After remand, plaintiffs appeal the district court’s renewed grant of summary judgment in favor of defendant. We affirm. |
Allstate Insurance Company v. Ron Dooley |
Allstate Insurance Company (Allstate) and Wayne Watson, an Allstate attorney, seek review of an order denying their motion for partial summary judgment. Allstate and Watson argue that an action in tort for spoliation of evidence may only be maintained where evidence is permanently lost or destroyed, not when evidence is only concealed from the complaining party. We hold that the tort of fraudulent... More... $0 (11-12-2010 - AK) |
Elton Gates v. City of Chicago |
Persons who are arrested by Chicago police officers often are carrying small amounts of cash which the officers seize1 and inventory at the time of arrest. The plaintiffs here were arrestees from whom police officers confiscated small amounts of cash. |
Imaginary Images d/b/a Paper Moon v. Pamela O'Berry Evans |
Plaintiffs are three nightclubs where women give erotic |
Imaginary Images v. Pamela O'Berry Evans |
Plaintiffs are three nightclubs where women give erotic dance performances wearing only g-strings and pasties. The clubs brought First Amendment, vagueness, and overbreadth challenges to Virginia’s alcohol licensing program, which allows the clubs to serve beer and wine but not mixed beverages. Under the standard of intermediate scrutiny applicable to policies aimed at the harmful secondary effe... More... $0 (07-21-2010 - VA) |
Eugene McCumons v. J. Marougi |
In this appeal, a police officer challenges the district court’s summary-judgment order denying his request for qualified immunity from a false-arrest action filed under § 1983. We affirm. |
John Steven Simon v. Maricopa Medical Center |
¶1 Plaintiff-Appellant John Steven Simon appeals the trial court’s judgment dismissing his claims against Defendants-Appellees Maricopa Medical Center (“MMC”), the City of Phoenix Police Department (the “Police Department”), and Officers Borquez, Masad, Coudret, Edwards, Ippel, Smoger, and Burke (collectively, the “Officers”). We reverse the superior court’s orders dismissing the ... More... $0 (07-01-2010 - AZ) |
Coyote Publishing, Inc dba High Desert Advocate v. Ross Miller |
—George Bernard Shaw, Preface to Mrs. Warren’s Profession viii (1902) |
Flanaigan's Enterprises, Inc. v. Futon County |
Defendant Fulton County, Georgia, concerned about the secondary effects on its communities of the mixture of alcohol and live nude dancing, passed an ordinance in 2001 prohibiting the sale, possession, and consumption of alcohol in adult entertainment establishments. Plaintiffs Flanigan’s Enterprises, Inc., owner and operator of the Mardi Gras strip club, and other owners and operators of strip ... More... $0 (02-17-2010 - GA) |
Dawn Georgette Myers v. Central Florida Investments, Inc., David Siegel, et al. |
Defendants Central Florida Investments, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., CFI Sales and Marketing, Ltd., and David Siegel appeal and plaintiff Dawn Georgette Myers cross-appeals the judgment of the district court, after a jury trial, in favor of Myers in the amount of $610,469.84. Myers recovered $103,622.09 in compensatory damages and $506,847.75 in punitive damages arising fr... More... $0 (01-06-2010 - FL) |
LaToris DeWayne Collins v. State of Oklahoma |
¶1 LaToris DeWayne Collins was tried by jury and convicted on two counts of Rape in the First Degree, in violation of 21 O.S.Supp.2006, §§ 1111 & 1114 (Counts I and IV); and two counts of Kidnapping, in violation of 21 O.S.Supp.2004, § 741 (Counts III and V), all After Two or More Previous Felony Convictions, in the District Court of Oklahoma County, Case No. CF-2006-6326.1 In accordance wit... More... $0 (12-17-2009 - OK) |
New Albany DVA, LLC v. City of New Albany, Indiana |
New Albany DVD operates an adult store in New Albany, Indiana. It does not provide live or recorded entertainment on site. Customers buy books, magazines, or videos, which they read or watch at home. Plaintiff bought land for this operation in 2003, secured all necessary licenses, and renovated the site’s store to meet its requirements. The land was properly zoned for the business it proposed to... More... $0 (09-10-2009 - IN) |
Annex Books, Inc., et al. v. City of Indianapolis, Indiana |
Indianapolis revised its adult business ordinances in 2003. These amendments expanded the definition of “adult entertainment business” to include any retail outlet that devotes 25% or more of its space or inventory to, or obtains at least 25% of its revenue from, adult books, magazines, films, and devices. (Adult “devices” include vibrators, dildos, and body piercing implements.) See India... More... $0 (09-03-2009 - IN) |
Todd W. Musburger, Ltd. v. Gary Meier |
A jury returned a verdict in favor of plaintiff Todd W. Musburger, Ltd., a law firm, against defendant Gary Meier, awarding $68,750 in damages on count II of plaintiff’s verified complaint for services rendered under a theory of quantum meruit.1 |
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