In this action for divorce, Sara A. Roesler (Wife) argues the family court erred in finding it had jurisdiction over her marriage to Scott G. Roesler (Husband), proceeding with trial when she was not represented by an attorney, failing to make an inquiry or award of alimony, and waiving mandatory mediation. We affirm in part, reverse in part, and remand.

FACTS

Husband and Wife were ... More...   $0 (11-09-2011 - SC)

Susan Randall ("Mother") appeals from a judgment entered in the Circuit Court of Cole County modifying the visitation provisions of the decree dissolving her marriage to James Cannon ("Father"). In its judgment, the trial court dramatically increased Father's supervised visitation and included two, three, and fourteen-day supervised overnight periods. The trial court also approved Father's new wif... More...   $0 (11-01-2011 - MO)

The defendant, Dorothy Larocque, appeals1 from the judgment of the trial court quieting title to certain real property in favor of the named plaintiff, 2 Theresa P. O’Connor, predicated on a finding that the plaintiff had disseized the defendant of her interest in the property as a tenant in common. The defendant claims that the trial court improperly determined that the plaintiff had overcome t... More...   $0 (10-31-2011 - CT)

This appeal involves a fundamental misunderstanding about the enforcement of an injunction. The district court approved a settlement between American Home Shield and a national class represented by Laura and Stephen Faught and, as part of its judgment, enjoined permanently “anyone claiming . . . for the benefit of” members of the class from prosecuting released claims. Karon and Chip Edleson o... More...   $0 (10-21-2011 - AL)

The Libertarian Party of North Dakota and three party candidates from the 2010 North Dakota state elections challenge the constitutionality of North Dakota Century Code § 16.1-11-36. The party and candidates contend this statute as applied to them violates the First and Fourteenth Amendment and the Equal Protection Clause because it prevented the candidates’ names from appearing on the 2010 gen... More...   $0 (10-17-2011 - )

¶1 The Petitioner has filed an application for original jurisdiction, a petition for writ of prohibition, and in the alternative a petition for writ of mandamus in Case No. CF-2010-8067 in the District Court of Oklahoma County.

¶2 This Court previously denied Petitioner's petition for writ of prohibition or mandamus based on the District Court's decision denying Petitioner's motions to di... More...   $0 (10-13-2011 - OK)

¶ 1. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We reverse and remand... More...   $0 (10-07-2011 - VT)

¶ 1. SKOGLUND, J. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We rev... More...   $0 (10-07-2011 - VT)

¶ 1. SKOGLUND, J. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We rev... More...   $0 (10-07-2011 - VT)

This interlocutory appeal is from a temporary injunction that ordered appellant J. Luecke Grandchildren's Partnership, LP (Luecke) to keep a gate on its land open pending trial. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (West 2008). Luecke's gate is across an easement that passes through Luecke's land and affords appellees Barnard Ranches, LLC, Michael A. Barnard, and Margot A. Barnard ... More...   $0 (10-07-2011 - TX)

2 These two cases are before this court on certified appeals from the Court of
3 Appeals. ORS 19.405. Both cases involve the Public Employees Retirement Board's
4 (PERB or the Board) revision or reduction of benefits with respect to so-called "Window
Retirees."1 5 These cases involve the Board's efforts to recoup overpayments of benefits to
6 retirees that were predicated on a 20 p... More...   $0 (10-06-2011 - OR)

The City of Bryan annexed part of Karen Hall’s property in 1999. For the second time, she sued the City for disannexation. See TEX. LOC. GOV'T CODE ANN. § 43.141(b) (West 2008). Because the trial court did not err in failing to file findings of fact and conclusions of law or in granting the City’s plea to the jurisdiction, we affirm the trial court’s judgment.

BACKGROUND

On Ju... More...   $0 (10-05-2011 - TX)

Plaintiff Shawn P. Blazier appeals from a district court order dismissing this civil rights action. Blazier sued Utah County and deputy county attorney Curtis L. Larson, claiming they violated his constitutional rights in connection with an aborted prosecution under Utah Code Ann. § 76-8-508.3 (“Retaliation against a witness, victim or informant”). We review the legal grounds for dismissal de... More...   $0 (10-04-2011 - UT)

[¶1.] For almost twenty years, Lincoln Neugebauer rented his mother Pearl Neugebauer’s farm under an oral lease. In 2008, Lincoln purchased the farm by contract for deed. Pearl later brought this action to rescind the contract on the ground of undue influence. The circuit court found that Lincoln had exerted undue influence and the court rescinded the contract. We affirm.

Facts and Proce... More...   $0 (09-28-2011 - SD)

Two men bought an island. After a dispute, they agreed that one would keep the island, while the other would receive a one-time payment and an option to buy the island at a fixed price, adjusted for inflation, if the owner ever chose to sell it. Years passed. The value of the island rose, far outpacing inflation. But the owner never elected to sell. Instead, he eventually conveyed the island to hi... More...   $0 (09-23-2011 - AK)

In this personal injury case, the plaintiff, Alfred Ocasio, appeals the entry of judgment in favor of the defendant, Federal Express Corporation (FedEx). He argues that the Trial Court (Barry, J.) erred when it allowed the jury to apportion fault to his employer, the United States Postal Service (USPS), and when, despite the jury’s $1,445,700 verdict in his favor, it entered judgment for FedEx a... More...   $0 (09-22-2011 - NH)

In this personal injury case, the plaintiff, Alfred Ocasio, appeals the entry of judgment in favor of the defendant, Federal Express Corporation (FedEx). He argues that the Trial Court (Barry, J.) erred when it allowed the jury to apportion fault to his employer, the United States Postal Service (USPS), and when, despite the jury’s $1,445,700 verdict in his favor, it entered judgment for FedEx a... More...   $0 (09-22-2011 - NH)

In the case at bar, this Court granted both a petition and cross-petition for a writ of certiorari to address two issues of public importance: (1) the extent to which the First Amendment’s “ministerial exception” is applicable to a sixteen count civil action asserted against a church by a former employee who claims that she was the victim of sexual harassment and employment discrimination; a... More...   $0 (09-21-2011 - MD)

LEFKOW, District Judge. After being diagnosed with fibromyalgia, chronic pain, anxiety, and depression, Susie Weitzenkamp was awarded long-term disability benefits under an employee benefit plan (“the plan”) issued and administered by Unum Life Insurance Company (“Unum”). Benefits were discontinued a little more than twenty-four months later, when Unum determined that Weitzenkamp had recei... More...   $0 (09-20-2011 - WI)

The plaintiff, Lorraine Tessier, appeals an order of the Superior Court (Abramson, J.) granting the defendants’ motion to dismiss. We affirm in part, reverse in part, and remand.

The plaintiff brought this action against the defendants, Regina S. Rockefeller and Nixon Peabody, LLP (Nixon Peabody), alleging the following facts. The plaintiff is the wife of Thomas Tessier, an attorney who p... More...   $0 (09-15-2011 - NH)

Jennifer Frensley appeals the summary judgment dismissal of her quid pro quo sexual harassment suit against her former employer, North Mississippi Medical Center (NMMC), and supervisor, Michael Denham, after her position as the nurse manager of the ICU was eliminated and NMMC failed to hire her as the nurse manager in one of two replacement units. We agree with the district court that the summary ... More...   $0 (09-08-2011 - MS)

Plaintiff-Appellant Marcia Bryson appeals the district court’s grant of summary judgment to Defendants-Appellees Middlefield Volunteer Fire Department, Inc. (the “Department”) and Scott Anderson (together, “Defendants”), on her claims of sexual harassment and retaliation brought pursuant to Title VII of the Civil Rights Act of 1964. Specifically, Bryson appeals the district court’s con... More...   $0 (09-02-2011 - OH)

In 1975, the Governor convened the California Legislature in an extraordinary session to consider measures aimed at remedying what he described as “serious problems that had arisen throughout the state as a result of a rapid increase in medical malpractice insurance premiums.” (American Bank & Trust Co. v. Community Hospital (1984) 36 Cal.3d 359, 363 (American Bank).) As a result, the Legislat... More...   $0 (09-01-2011 - CA)

In this interlocutory appeal from the denial of a plea to the jurisdiction, the principal issue we must decide is whether the county attorney of Williamson County, in either her individual or official capacity, has standing to sue the county commissioners court for allegedly violating the Open Meetings Act and local government code in the course of making budgetary transfers that negatively impact... More...   $0 (08-25-2011 - TX)

¶1 Amber S. Taylor (Mother) appeals the district court’s decision to enforce a relocation provision of a stipulated divorce decree that automatically transferred physical custody of the parties’ two children to Clinton J. Elison (Father) without first considering whether a change in the existing physical custody would be in the children’s best interests. We reverse and remand.

BACKGR... More...   $0 (08-18-2011 - UT)