Robert Pewitt brings this interlocutory appeal from the district court's order temporarily enjoining him from preventing members of the Smith Cemetery Association from using a private road running across Pewitt's ranch for the purpose of accessing a private cemetery located on an adjoining ranch. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (West Supp. 2012). We will reverse the trial cour... More...   $0 (09-14-2012 - TX)

¶1 Bradford D. Lund, and William and Sherry Lund (individually “Bradford,” “William,” and “Sherry”; collectively “the Lunds”), filed this special action seeking to prevent the superior court from conducting an in camera inspection of inadvertently disclosed documents, which they claim are subject to protection by the attorney-client privilege or work product doctrine.1 The Lunds a... More...   $0 (09-06-2012 - AZ)

Appellants Subodh Sonwalkar, M.D. and Wolley Oladut, M.D. held partnership units in appellee St. Luke’s Sugar Land Partnership, L.L.P (“the Partnership”). They applied for a temporary injunction to enjoin the Partnership and its managing partner, appellee St. Luke’s Community Development Corporation—Sugar Land (the “Managing Partner”) from terminating their partnership interests and ... More...   $0 (08-18-2012 - TX)

For certain mortgage loans covered by the Truth-in-Lending Act (TILA), a timely written notice of rescission triggers the creditor’s duty to release its security interest and refund any finance charges. Once the creditor satisfies this duty, the borrower must return the loan proceeds. Although we have not spoken authoritatively on the issue, several circuits allow district courts to equitably co... More...   $0 (07-30-2012 - )

In 2010, the Georgia legislature, apparently concerned that the carrying of weapons and long g 1 uns2 would likely present an unreasonable risk of harm to people who assemble in eight specific locations, enacted a statute barring the unrestricted carrying of weapons or long guns in those locations. O.C.G.A. § 16- 11-127(b) (this provision is hereinafter referred to as the “Carry Law”).3 This ... More...   $0 (07-24-2012 - GA)

¶1 An employee of a tribal enterprise seeks to invoke the jurisdiction of the Oklahoma Workers' Compensation Court. This Court holds (1) the tribe enjoys sovereign immunity and is not therefore subject to the jurisdiction of the Oklahoma Workers' Compensation Court and (2) the workers' compensation insurer does not enjoy the tribe's immunity and is estopped to deny coverage under a policy for whi... More...   $0 (07-18-2012 - OK)

Samuel Milligan, then a freshman at Southern Illinois University (“SIU”), had three uncomfortable encounters with Dr. Cal Meyers— a professor emeritus at, and substantial donor to, SIU— in which Meyers touched Milligan inappropriately and complimented him on what Meyers believed to be his feminine features. Milligan sued SIU under Title VII and Title IX for creating a hostile work and educ... More...   $0 (07-11-2012 - IL)

Plaintiffs James Brooks and Donald Hamlette, corrections officers at the Correctional Unit in Rustburg, Virginia, sued under 42 U.S.C. § 1983, alleging that the defendants unlawfully fired them for exercising their First Amendment rights to free speech. The Supreme Court has been quite clear, however, that "‘complaints about . . . the employee’s own duties’" that are "filed with an employer... More...   $0 (07-09-2012 - VA)

Appellant K.B.M., individually and as next friend of J.M., a minor child, alleges the trial court abused its discretion in denying his request for a temporary injunction. Specifically, K.B.M. contends the trial court erred in: (1) denying him the opportunity to present evidence, and (2) determining the court lacked jurisdiction over his claims for injunctive relief. We affirm the trial court’s d... More...   $0 (07-05-2012 - TX)

The appeal presents us with tragic facts; it also yields a straightforward legal resolution. John Furry, as personal representative of the estate of his daughter Tatiana Furry, appeals the district court’s order granting the Miccosukee Tribe’s motion to dismiss his complaint. Furry complained that the Miccosukee Tribe violated 18 U.S.C. § 1161 and Florida’s dram shop law by knowingly servin... More...   $0 (06-29-2012 - FL)

A Montana state law provides that a “corporation may not make . . . an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party.” Mont. Code Ann. §13–35–227(1) (2011). The Montana Supreme Court rejected petitioners’ claim that this statute violates the First Amendment. 2011 MT 328, 363 Mont. 220, 271 P. 3d 1. In Citize... More...   $0 (06-25-2012 - MT)

“Full indeed is earth of woes, and full the sea,” remarked Hesiod,1 and reviewing the long odyssey of Kelly and Sally Samson, we are inclined to agree. The pair own waterfront property in picturesque Blakely Harbor in the City of Bainbridge Island. They devoutly wished to build a pier or a dock on their property during a time when local authorities had imposed a moratorium on such projects. Th... More...   $0 (06-18-2012 - WA)

Svetlana Arizanovska filed an action against her employer, alleging that she was discriminated against because of her pregnancy and her national origin. She added state-law claims of intentional and negligent infliction of emotional distress. The district court granted summary judgment against her on both her federal and state-law claims. We affirm.

I. BACKGROUND

Svetlana Arizanovska... More...   $0 (06-12-2012 - IN)

This is an appeal from a take-nothing summary judgment rendered in favor of appellees. The issues on appeal center on a subcontractor’s right to rely on the workers’ compensation exclusive remedy bar contained in Texas Labor Code section 408.001 as made applicable to subcontractors by Labor Code section 406.123 when the subcontractor and its employees are sued by an employee of the premises ow... More...   $0 (05-23-2012 - TX)

George Way (Husband) appeals the family court's order granting him a divorce from Mary Way (Wife), arguing the family court erred in ordering him to pay Wife $20,000 as part of the equitable division of marital property and $500 per month in alimony. We affirm as modified.

FACTS

Husband and Wife married in 1978 and separated in 2005 when Husband moved out. The parties had no children... More...   $0 (05-09-2012 - SC)

Karen J. Topol appeals from a final summary judgment in favor of Joely Polokoff and Virginia Lockwood-Zisa. The appeal concerns a dispute over entitlement to a n IRA account owned b y appellant’s husband, who died while divorce proceedings were pending between him and appellant. The trial court entered final summary judgment for appellees, the husband’s daughters, after determining that interl... More...   $0 (05-09-2012 - FL)

Mrs. Betty Horne appeals an adverse final summary judgment in two consolidated circuit court cases. In the first, she and her late husband sued appellees Miami-Dade County and Metropolitan Homes LLC to vacate a tax certificate sale of the Hornes’ Miami Lakes home of 37 years. In the second, appellee Metropolitan (purchaser of the home at the tax deed sale for a fraction of its then-assessed valu... More...   $0 (05-09-2012 - FL)

Plaintiff Kimberly Aleksick, individually and on behalf of a class of those similarly situated, appeals a judgment following an order granting defendant 7-Eleven Inc.'s (7-Eleven) motion for summary judgment. 7-Eleven provides payroll services to its franchisees. Aleksick contends reversal is required because 7-Eleven's payroll system violates both the "unlawful" and "unfair" prongs of Business an... More...   $0 (05-08-2012 - CA)

New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (“CDIA”), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (“FCRA”). T... More...   $0 (05-07-2012 - NM)

Ayco Farms, Inc., appeals the lower court’s order denying its motion to compel arbitration, and petitions for a writ of certiorari to quash the lower court’s order granting the motion to compel discovery filed by Richard Peeler, Scott Taylor, and Ronnie Carter. We reverse and remand the appeal for the reason stated below, and deny the petition for writ of certiorari without comment.

The... More...   $0 (05-03-2012 - FL)

For over two decades, homeowners at Sumner Hill, an isolated subdivision on bluffs overlooking the San Joaquin River, experienced the privacy of living in a remote, rural location within the confines of a security gate. They also enjoyed unrestricted access to the San Joaquin River on a dirt road within the subdivision known as Killkelly Road. Because Killkelly Road was inside the gated residentia... More...   $0 (05-02-2012 - CA)

Keith and Courtney Nahigian bought undeveloped land from Juno-Loudoun, LLC ("Juno") in Loudoun County, Virginia, in 2007. The Nahigians sued Juno in 2009 under the Interstate Land Sales Full Disclosure Act ("ILSFDA"), 15 U.S.C. § 1701, and the district court awarded the Nahigians summary judgment on their rescission claim. Juno appeals the grant of summary judgment, arguing primarily that Juno’... More...   $0 (05-01-2012 - VA)

McDonald‘s Corporation (McDonald‘s) and related parties appeal from orders granting a preliminary injunction to Syed Ali Husain and Khursheed Husain (the Husains) permitting the Husains to continue operating three McDonald‘s restaurants in Marin County pending completion of a trial in this action. We affirm the orders.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background<... More...   $0 (04-30-2012 - CA)

Rudy R. moved to modify the agreement through which he and Heather W. share 50-50 custody of their daughter. He argued that recent legal troubles and instability in Heather’s life amount to changed circumstances that required modifying the custody agreement in the child’s best interests. The superior court agreed. Heather now appeals, arguing that the evidence does not show that any of her cha... More...   $0 (04-20-2012 - AK)

Joshua Robert Markwood appeals from the district court’s affirmance of a post-divorce custody order which allowed his ex-wife, Amber Markwood, to retain primary physical custody of their children after she moved from Moscow, Idaho to The Dalles, Oregon.

I.

BACKGROUND

Joshua and Amber were divorced on September 25, 2009, after approximately six years of marriage. During the m... More...   $0 (04-17-2012 - ID)