This case requires us to decide whether a significantly above-guidelines sentence
may be imposed in view of earlier sentencing leniency that turns out, after the fact, to
have been unjustified. We conclude that above-guidelines sentences must be justified by
reference to specific reasons that place the case outside the run of ordinary cases, and that
the further the sentence depart... More...   $0 (04-15-2013 - NY)

This case requires us to decide whether a significantly above-guidelines sentence
may be imposed in view of earlier sentencing leniency that turns out, after the fact, to
have been unjustified. We conclude that above-guidelines sentences must be justified by
reference to specific reasons that place the case outside the run of ordinary cases, and that
the further the sentence depart... More...   $0 (04-15-2013 - NY)

Gregory S. Strange appeals the trial court’s summary judgment in favor of HRsmart, Inc. on its breach of a noncompetition contract claim involving human resources management software. Among his eleven issues, Strange contends fact issues exist regarding his competition with HRsmart’s product. We reverse the trial court’s summary judgment on that ground and remand this case for further procee... More...   $0 (04-05-2013 - TX)

Southern Walk at Broadlands Homeowners Association brought this action seeking a declaratory judgment against OpenBand at Broadlands, the corporation with which it had contracted in 2001 for wire-based video services. Southern Walk alleges that the 2007 Exclusivity Order issued by the Federal Communications Commission renders "null and void" OpenBand’s exclusive rights under the 2001 contracts t... More...   $0 (04-05-2013 - VA)

Matt Kincaid and Julie Kincaid appeal from a summary judgment granted in favor of David Dess and Sandra Dess involving the Kincaids' breach of contract, fraud, negligent misrepresentation, civil conspiracy, and rescission claims. The Kincaids purchased a house from Sirva Relocation LLC (Sirva) for approximately $1,040,000. The bases of the Kincaids' claims involve the alleged failure of the Desses... More...   $0 (03-31-2013 - KS)

Marlenis Smart sued City of Miami Beach, Florida on a hostile work environment theory under 42 U.S.C. 2000 (Title VII of the Civil Rights Act of 1964) claiming that she was sexually harassed at work as a fire fighter.

Defendant denied wrongdoing.

The EEOC has published the following guidelines for employers relating to sexual harassment:

1. SUBJECT: Policy Guidance on ... More...   $0 (03-29-2013 - FL)

The question presented is whether an easement is void ab initio or merely subject to a lien-type interest when the male owner of a servient estate violates the statute of frauds by granting an easement without securing his wife’s waiver of her then-inchoate dower interest. Consistent with long-standing precedent of the Michigan Supreme Court, an inchoate dower interest is an encumbrance on a hus... More...   $0 (03-28-2013 - MI)

This case arises from a longstanding dispute between the National Highway Traffic Safety Administration (NHTSA) and the National Truck Equipment Association (NTEA). NHTSA is a federal agency within the Department of Transportation that writes and enforces safety standards for motor vehicles. NTEA is

1

No. 09-3812 Nat’l Truck Equip. Ass’n v. NHTSA Page 2

a trade organizatio... More...   $0 (03-28-2013 - OK)

Defendant James Botti was convicted of honest services
22 mail fraud after a jury trial in the District of Connecticut
23 (Charles S. Haight, Jr., Judge). See 18 U.S.C. §§ 1341 and
24 1346. In this appeal from the judgment entered on September
25 20, 2010, Botti argues that the District Court committed
26 reversible error when it used a jury instruction on honest
27 servi... More...   $0 (03-28-2013 - CT)

After plaintiff Gustavo E. Vasquez purchased a used car on credit from defendant Greene Motors, Inc. (Greene), the vehicle‘s financing was assigned to defendant American Honda Finance Corporation (Honda). When Vasquez later sued Greene and Honda in connection with the terms of the financing, defendants petitioned the superior court to compel arbitration of the matter under a clause in the sales ... More...   $0 (03-27-2013 - CA)

PETITION FOR DISSOLUTION OF MARRIAGE
Petitioner NG, for her cause of action alleges and states as follows:
1. Petitioner NG and Respondent CFG are now and have been for six (6) months next preceding the filing of this petition, actual residents, in good faith, of the State of Oklahoma.
2. For the thirty (30) days immediately preceding the filing of this petition the Respondent has resi... More...   $0 (03-20-2013 - OK)

The Bank of New York Mellon, as Successor Trustee under Novastar
Mortgage Funding Trust 2005-1, appeals from the denial of its Florida Rule of
Civil Procedure 1.540(b) motion to set aside a default final judgment nullifying an
unpaid promissory note. Because we conclude that the default final judgment is
void, we reverse.

This action was commenced on April 28, 2009, when t... More...   $0 (03-20-2013 - FL)

A federal jury found Sears, Roebuck and Co. liable for causing Lisa
Learmonth’s injuries in an automobile accident. In a general verdict, the jury
awarded her $4 million in compensatory damages. On Sears’ motion, the district
court interpreted the award to include $2.2 million in noneconomic damages,
then reduced this portion of the award to $1 million pursuant to Mississippiâ€... More...   $0 (03-20-2013 - MS)

The issue we address in this case involves an interpretation of the applicable Florida Rules of Civil Procedure governing voluntary dismissals and the extent of the trial court’s inherent authority to remedy alleged fraud on the court through the reinstatement of a dismissed lawsuit. Although the context of the issue as presented in this case arises out of a widespread problem associated with fr... More...   $0 (03-18-2013 - FL)

Efficiency Technologies, Inc. sued Don Clark, Bruce Bradley, Karen Brignac and James on conversion theory,misappropriation of trade secrets theories, breach of fiduciary duty theories and interference with contracts and business relations.

1. Defendant, Don Clark, was one of the original founders of Efficiency Technologies, Inc.
(See Ex. A, Affidavit of Don Clark, para 1).

2... More...   $1 (03-15-2013 - OK)

2 This case is before the court on certified questions of Oregon law from the 3 United States Court of Appeals for the Ninth Circuit (Ninth Circuit). See generally ORS 4 28.200 to 28.255 (granting authority to answer certified questions and describing 5 procedure). The questions arise out of an action for personal injury brought in federal 6 district court against defendant Boyle and his employer,... More...   $0 (03-15-2013 - OR)

This is a restricted appeal from a “no-answerâ€� default judgment that appellees Robert L. Haug, Vince Wood, and Highland Ventures, I, Ltd. obtained against appellant Linda Hayes Schoendienst (Hayes). Hayes 1 brings three issues urging reversal of the judgment. Her principal complaint is that appellees violated her due process rights by taking the default judgment without prior notice after she ... More...   $0 (03-15-2013 - TX)

Andrea Irvin appeals the district court’s dismissal of her case for want of personal jurisdiction over Southern Snow Manufacturing, Inc., (“Southern Snow�). We AFFIRM.

Louisiana-based Southern Snow manufactures shaved-ice machines used to create “snowballs.â€� It sells those machines and the accessories necessary to make snowballs—such as flavored syrup, syrup bottles, bottle nozz... More...   $0 (03-14-2013 - MS)

Tabby Butler is an African American woman who worked as a deputy jailer in the Crittenden County jail from 2000 until her employment was terminated in 2008. Following her termination Butler filed claims against the county and its officials alleging unlawful suspension and discharge, sex discrimination, retaliation, violation of her procedural and substantive due process rights, and civil conspirac... More...   $0 (03-05-2013 - AR)

In 2010, the North Carolina General Assembly voted to impose stricter eligibility requirements for in-home personal care services (PCS), an optional Medicaid program that assists disabled adults with daily tasks such as eating and bathing. Appellees—thirteen North Carolina residents who lost access to in-home PCS due to the statutory change (collectively "the PCS Recipients")—brought suit, con... More...   $0 (03-05-2013 - NC)

By two issues, appellant, Keith Redburn, appeals the trial court’s order (1) granting a plea to the jurisdiction filed by appellees, Charmelle Garrett, individually and as the City Manager of the City of Victoria, Texas (“the Cityâ€�), Lynn Short, individually and as the Director of Public Works for the City, and the City, and (2) dismissing appellant’s claims against appellees with prejudic... More...   $0 (02-28-2013 - TX)

By five issues, appellant, the City of Harlingen, appeals from the denial of its plea to the jurisdiction in a suit brought by appellee, Charles Lee. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2011). We affirm in part and reverse in part.

I. BACKGROUND

Appellant is a home-rule municipality. See TEX. LOC. GOV’T CODE ANN. § 9.001 (West 2008). In his live petiti... More...   $0 (02-28-2013 - TX)

Appellant Simer Singh appeals the trial court’s denial of her petition for bill of review after a default judgment was entered against her in favor of Trinity Marketing & Distributing Co., Inc. (Trinity). Finding no error, we affirm.

BACKGROUND

Singh is the President and registered agent of Azle Fuel Mart, Inc. (Azle). Trinity filed suit against Singh, individually, and Azle on... More...   $0 (02-28-2013 - TX)

[¶1] While a lawsuit by Appellees David and Elizabeth Speaks was pending against Rosemary and Byron Baker, the Bakers transferred two parcels of real property to their son Nathan. The original case resulted in a judgment against Byron, but a dismissal of the claims against Rosemary. Appellees’ judgment against Byron was upheld on appeal. After learning of the decision in that case, Natha... More...   $0 (02-26-2013 - WY)

On the second day after the birth of their third child, appellants Angelica Mitchell Moore and husband Kevin Alexander Moore executed affidavits relinquishing their parental rights to the infant and designating as managing conservators appellees Donna M. Brown and husband Alvin Benard Brown.1 Relying on these affidavits, the Browns obtained an order from the district court terminating the Mooresâ€... More...   $0 (02-21-2013 - TX)