In this action brought under the False Claims Act (Gov. Code, § 12650 et seq.),1 the qui tam plaintiffs allege that defendant Laidlaw Transit, Inc. (Laidlaw), and its successor in interest, First Student, Inc. (FSI), failed to maintain and repair the company‘s buses as required by the company‘s contract with San Francisco Unified School District (SFUSD). At issue here is an injunction issued ... More...   $0 (02-19-2013 - CA)

Joshua Mandevill sued Airflo Cooling Technologies, LLC on a wrongful termination theory.

Mr. Mandevill began working for Defendant Airflo on August 1, 2008. He sustained an accidental injury arising out of and in the course of his employment on January 15, 2009. He waited several weeks before submitting a formal written notice of injury as he was hopeful his symptoms would dissipate. As t... More...   $0 (02-07-2013 - OK)

These appeals call to mind that the law normally ministers to the vigilant, not to those who sleep upon perceptible rights. The tale follows.

These appeals trace their genesis to a suit brought by a Massachusetts corporation and its principals, citizens of Massachusetts, against their quondam accountant and his firm. Their complaint alleged that the defendants negligently advised ... More...   $0 (02-01-2013 - MA)

Israel Flores and Andrea Naasz appeal from the trial court‟s order compelling arbitration. This lawsuit arises from their purchase of a previously owned vehicle from West Covina Auto Group, LLC, doing business as West Covina Toyota (WCT), and alleges both individual and class action claims. WCT moved to compel arbitration based on an arbitration clause in the sales contract between the parties. ... More...   $0 (01-12-2013 - OK)

Plaintiffs–Appellants Steven and Sarah Waltner (the Waltners) brought this action following foreclosure on their Texas home. The Waltners appeal the district court’s grant of judgment as a matter of law on their promissory estoppel claim in favor of Defendants–Appellees Aurora Loan Services, L.L.C. (Aurora) and Federal Home Loan Mortgage Corporation (FHLMC). They also appeal various discover... More...   $0 (12-31-2012 - TX)

WHEREAS, on November 5, 2009, Seong Bae Choi filed a class action complaint in Seong Bae Choi, et al. v. Toyota Motor Corp., et al., No. 2:09-8143 (C.D. Cal.), alleging, among other things, that Toyota (as defined below) designed, manufactured, distributed, advertised and sold certain automobiles containing an alleged defect that allegedly would allow sudden unintended acceleration of the vehicle ... More...   $1000000000 (12-27-2012 - CA)

Can a male employer terminate a female employee because the employer’s wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer and the employee? This is the question we are required to answer today. For the reasons stated herein, we ultimately conclude the conduct does not amount to unlawful sex discrimination in violation of the Iowa Civil R... More...   $0 (12-21-2012 - IA)

Plaintiffs-Appellees are individuals with “mental retardation” who reside in intermediate care facilities operated by Defendants-Appellees Department of Public Welfare of the Commonwealth of Pennsylvania and the Secretary of Public Welfare of the Commonwealth of Pennsylvania. By and through their respective next friends, they brought this current class action in the United States District Cour... More...   $0 (12-21-2012 - PA)

Defendants Kelly Davis, Cynthia Primm, Monica Wright, and Paul Wade appeal the district court’s decision denying in part their motions for summary judgment. The district court found that the defendants were not entitled to qualified immunity from plaintiffs Dale and Patricia Andrews’ Fourth Amendment claim. For the following reasons, we AFFIRM the district court’s decision regarding defendan... More...   $0 (12-04-2012 - TN)

This insurance coverage dispute arises from charges of sexual harassment brought by a one-time employee against appellant Luciano Manganella, the former president of Jasmine Company, Inc. Manganella sought a defense to and indemnity for the harassment claims from appellee Evanston Insurance Co., Jasmine's liability insurance provider. The district court ruled that Manganella was not entitled to c... More...   $0 (11-28-2012 - MA)

This appeal concerns rights to groundwater contained in the Santa Maria Valley Groundwater Basin (Basin). The Basin suffered severe water shortages beginning around the 1930‟s but the importation of water from outside the watershed and the local City of Santa Maria et al. v. Richard E. Adam et al., Golden State Water Company et al. (No. H033544); City of Santa Maria et al. v. Richard E. Adam et ... More...   $0 (11-24-2012 - CA)

¶1 Thomas Kurtz, Derrick Shoemake, Steve Kile, Jess Goins and Jim Simmons (Plaintiffs) appeal an order of the district court granting summary judgment in favor of Defendants Don Clark and Bruce Bradley, an order awarding Clark and Bradley attorney fees, and denial of Plaintiffs' motion for new trial.

BACKGROUND

¶2 This case involves a shareholders derivative suit by shareholder... More...   $0 (11-20-2012 - OK)

The defendants have filed interlocutory appeals from an order of the district court granting a preliminary injunction in favor of plaintiff, an association of individual members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints and beneficiaries of a charitable religious trust (“FLDS Association”). After granting the defendants’ motion for an emergency stay pending resolution... More...   $0 (11-06-2012 - UT)

Highway 46 Holdings, LLC ("Highway 46"), appeals from the trial court's non-final order refusing to dissolve a temporary injunction entered in an action filed by Highway 46 against two of its members, Michael and Jacqueline Myers ("the Myerses"). The Myerses filed a counterclaim to the action below and cross-appeal from the same order.1 Highway 46 and the Myerses challenge the validity of the inju... More...   $0 (11-05-2012 - FL)

Amy C. Miller sued her doctor, who mistakenly removed her left ovary during a laparoscopic surgery intended to take the right ovary, and a jury awarded her $759,679.74 in damages. But the district court reduced that amount by $425,000 because of a state law limiting noneconomic damages in personal injury lawsuits and a posttrial ruling finding her evidence of future medical expenses insufficient. ... More...   $0 (10-25-2012 - )

The appeal in this civil action is taken from the district court’s order granting summary judgment to the Defendants-Appellees in a civil rights action brought under 42 U.S.C. § 1983. Plaintiff-Appellant Kaufman brought the action alleging that the Defendants had violated his constitutional rights by arresting him without probable cause. The district court had jurisdiction under 28 U.S.C. § 13... More...   $0 (10-24-2012 - CO)

This is an appeal from an order entered in favor of appellees, Stacy Eastland and Nancy Leaton that (1) granted a temporary injunction, (2) appointed an “agent” for one of the appellants, and (3) denied appellants’ motion to compel arbitration.1 We reverse the trial court’s order, dissolve the temporary injunction, and remand this case to the trial court for further proceedings.

FAC... More...   $0 (10-18-2012 - TX)

In these consolidated interlocutory appeals, Defendants-Appellants, natural gas producers with wells in south central Kansas, challenge a preliminary injunction enjoining them from further gas production from those wells. The district court entered the preliminary injunction after concluding there was a substantial likelihood that Plaintiff-Appellee Northern Natural Gas Co. (“Northern”) will p... More...   $0 (10-17-2012 - KS)

Kenneth Cleveland and William Bickley sued Robert V. Johnson and Internet Specialties West, Inc. (IS West). At trial before a jury, they asserted claims for breach of contract, breach of fiduciary duty, and false promise in connection with a $75,000 investment made pursuant to a February 1995 agreement. The jury found no false promise, but awarded more than $3.8 million for breach of contract, bas... More...   $0 (10-13-2012 - CA)

2 This case requires us to examine the operative text of a voter-approved
3 ballot measure that purported to depend for its efficacy upon the passage of a companion
4 measure that voters rejected. The trial court concluded that the text at issue was
5 severable from the ballot measure and ruled that the remaining provisions of the measure
6 were, according to the plain text of the ... More...   $0 (10-04-2012 - OR)

Defendant El Dorado Irrigation District (EID) entered into an agreement to provide water to a casino located on tribal land held by real party in interest Shingle Springs Band of Miwok Indians (the Tribe). EID determined the agreement was exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq. (CEQA)) pursuant to a categorical exemptio... More...   $0 (10-04-2012 - CA)

Plaintiff Gina Fletcher, for her causes of action against the Defendant,
Sooner Clinical Research, states as follows:

1. Plaintiff is a female and an individual resident and citizen of the State of Oklahoma.

2. Defendant, Sooner Clinical Research is a duly incorporated entity existing under the laws of the State of Oklahoma and operating a business in Oklahoma County.
More...   $1 (10-02-2012 - OK)

In this Hague Convention case concerning claims by the mother of wrongful retention in this country of her fourteen-year-old daughter who was in need of emergency psychiatric care, the district court both denied relief and dismissed the Swiss mother's case. Felder v. Ponder, Civ. Action No. 12-11192-DJC, 2012 WL 3128570 (D. Mass. July 30, 2012). The district court interpreted orders of the relevan... More...   $0 (10-02-2012 - MA)

On May 5, 2011, Sandra M. Bontrager filed a putative class action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The district court granted Bontrager’s request for a preliminary injunction, holding that Indiana is required to cover all medically necessary dental services, irrespective of the monetary cap.

We affirm.

I. BACKGROUND
<... More...   $0 (09-26-2012 - IN)

¶1 The issue in this case is whether the parties' dispute over a provision in their lease for a shopping center store must be resolved under the arbitration provision in the lease or can be resolved by a proceeding in district court. The disputed provision provides that landlord KWD would not alter the exterior of the shopping center without the consent of tenant Ross Dress for Less. KWD admits t... More...   $0 (09-18-2012 - OK)