/Former Husband appeals the lower court’s order modifying primary residential custody of the parties’ minor children, the imputation of minimum wage income to Appellee/Former Wife, and denial of his motion for contempt. We reverse as to the first issue, and affirm without further comment as to the remaining two issues.

Factual Background

The parties were divorced by a Consent Fin... More...   $0 (08-15-2011 - FL)

In a marital dissolution proceeding to divide the community property, where the nonmanaging spouse has prima facie evidence that community assets of a certain value have disappeared while in the control of the managing spouse post-separation,1 should the managing spouse have the burden of proof to account for the missing assets? The answer is yes.

Husband and wife separated after a 33-year ... More...   $0 (08-11-2011 - CA)

¶1 Ronald E. Schroeder, pro se, appeals from orders of the circuit court relating to child custody, support modification, access to school records, and waiver of fees. We conclude the circuit court properly exercised its discretion as to each issue, and we affirm.

BACKGROUND

¶2 Schroeder’s former wife, Christine Reuter, petitioned for divorce in 1995. Custody and ... More...   $0 (08-09-2011 - WS)

In this employment discrimination case, we are asked to decide whether the court erred in not allowing the jury to hear “me too” evidence, that is, evidence of the employer‟s alleged gender bias in the form of harassing activity against women employees other than the plaintiff. Here, the “me too” evidence related to harassing activity that occurred outside the plaintiff‟s presence and ... More...   $0 (08-09-2011 - CA)

Evgueni Roudachevski, D.O. (“Dr. Roudachevski”) sought a temporary restraining order and preliminary injunction after All-American Care Centers, Inc. terminated his patient privileges at a residential nursing care facility. The district court treated Dr. Roudachevski’s motion as 2 one for a preliminary injunction, held an evidentiary hearing, and denied the motion. We granted an expedited ap... More...   $0 (08-08-2011 - AR)

Appellant challenges the grant of summary judgment for her employer when her boss forcibly kissed her, fondled her leg, propositioned her, asked sexually explicit questions, described sexual activities he wished to perform, and then, after she spurned the advances and filed a harassment complaint, fired her. Because those allegations are sufficient to make out claims of hostile work environment, q... More...   $0 (08-08-2011 - MD)

Relator Dimitri Yannacopoulos brought this qui tam suit under the federal False Claims Act. He alleges that defendants General Dynamics Corporation and Lockheed Martin Corporation violated the False Claims Act in a number of ways in a sale of F-16 fighter jets to Greece, which paid for the jets with money borrowed from the United States.

The district court granted summary judgment against Y... More...   $0 (07-26-2011 - IL)

Plaintiff Jason M. Jackler, a former probationary police officer in Middletown, New
19 York ("Middletown" or the "City"), appeals from a judgment of the United States District Court for
20 the Southern District of New York, Cathy Seibel, Judge, dismissing his complaint, brought under 42
21 U.S.C. § 1983, alleging principally that defendant Matthew T. Byrne, Chief of the Middletown Pol... More...   $0 (07-22-2011 - NY)

In Case No. 2D10-2977, Jana Thorpe, a professional guardian, appeals the circuit court's order denying her any compensation for her services as the emergency temporary guardian of Mary K. Zwayer (the Ward). In Case No. 2D10-3402, Michael Love-Zwayer and Joan Duffee, who successfully petitioned for the creation of a guardianship for the Ward, appeal the circuit court's order denying their attorneys... More...   $0 (07-15-2011 - FL)

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 received all to which she was... More...   $0 (07-11-2011 - WI)

The Church of Scientology Flag Service Organization, Inc. (“Scientology”), appeals from the District Court’s order permanently enjoining a Florida state court from sanctioning counsel for the Estate of Kyle Thomas Brennan (“the Brennan Estate”) for his continued representation of the Brennan Estate in this matter, in violation of a state court order prohibiting that representation. This ... More...   $0 (07-07-2011 - FL)

The trial court entered a take-nothing judgment against Lawrence Marshall Dealerships after a jury excused Ian Meltzer’s breach of contract because of mutual mistake. On appeal, Lawrence Marshall argues the trial court erred in submitting the mutual-mistake question to the jury because there was no evidence that Meltzer offered to restore to Lawrence Marshall the consideration he received under... More...   $0 (07-07-2011 - TX)

This is an appeal from an order denying appellant Richard Samson‟s motion for modification of temporary spousal support. We reverse to the extent that the family court incorrectly allocated Richard‟s1 severance pay to a single month for purposes of a provision in the parties‟ stipulated support order requiring Richard to pay respondent Elaine Tong Samson 35 percent of his monthly compensatio... More...   $0 (07-05-2011 - CA)

In this case we are asked to decide whether donning and doffing poultry processing workers’ personal protective equipment is “changing clothes” under 29 U.S.C. § 203(o) and whether a turkey processing plant is a food and beverage industry employer under 7 Colo. Code Regs. § 1103-1:2. Plaintiffs/appellants Clara Salazar and Juanita Ybarra (together, plaintiffs) brought claims on behalf of ... More...   $0 (07-05-2011 - CO)

This appeal arises from a denial of injunctive relief against a union under Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 (1970), and § 301 of the Labor-Management Relations Act (LMRA), 29 U.S.C. § 185, as well as a denial of declaratory relief concerning actions previously taken by that union. We affirm the denial of injunctive relief, vacate the denial of declaratory relie... More...   $0 (06-30-2011 - MA)

Lynette Patterson appeals the dismissal of her claims against her former employer for alleged violation of the Idaho Human Rights Act and the Idaho Protection of Public Employees Act. We affirm.

I.

Factual and Procedural History

This is a constructive discharge case arising under the Idaho Human Rights Act (IHRA), I.C. § 67-5901 et seq., and the Idaho Protection of Public Emp... More...   $0 (06-29-2011 - ID)

Tetra Financial Group, L.P. ("Tetra") appeals from a judgment granting House of Flavors, Inc. ("House of Flavors") rescission, together with an adjustment payment, of a lease agreement between the parties. Reserving further detail for discussion of the merits, the factual background and proceedings below can be briefly summarized.

House of Flavors is a company, based in Michigan but with ... More...   $0 (06-23-2011 - MA)

Anheuser-Busch, Inc. (A-B) appeals from the trial court’s judgment denying its Motion to Dismiss, or in the Alternative, to Stay the Proceedings and Compel Arbitration in an employment discrimination suit filed by Francine Katz (Katz). A-B claims that the trial court erred in finding that two separate arbitration agreements are not enforceable against Katz, and further argues that an arbitrator,... More...   $0 (06-14-2011 - MO)

Pharaoh Oil & Gas, Inc. brings this accelerated appeal from a temporary injunction granted in favor of Ranchero Esperanza, Ltd. We reverse the injunction order and remand for trial on merits.

Since late 2004, Ranchero has been the owner of the surface estate and one-half of the mineral estate in a 20,000-21,000 acre ranch located in Crockett County, Texas. Approximately one year... More...   $0 (06-01-2011 - TX)

The plaintiffs, Raymond and Marcia Cornell (collectively, the Cornells), reside in their home at the edge of Harris Pond in Blackstone. The defendant Roland M. Michaud (Roland) [FN3] purportedly obtained a building permit for and began construction of a large single family home on his adjacent land. A Superior Court judge, on the Cornells' complaint pursuant to G.L. c. 40A, § 17 (zoning appeal), ... More...   $0 (05-31-2011 - MA)

Each summer, Plaintiff George Saieg attends the Arab International Festival (“Festival”) in the City of Dearborn, Michigan (“City”). At the Festival, Saieg leads a group of Christians whose goal is to convert Muslims to Christianity. In 2009, Dearborn police instituted a leafleting restriction for the Festival. Pursuant to the restriction, no one may leaflet from the sidewalks that are dir... More...   $0 (05-26-2011 - MI)

The First Amendment of theConstitution states that Congress shall make no law abridging the “right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Under the Noerr-Pennington doctrine, federal antitrust laws have been interpreted to protect these First Amendment rights by immunizing petitioning activity from liability. In this appeal from the di... More...   $0 (05-26-2011 - IL)

Roche Diagnostics makes glucosemonitors and other diabetes-related products that incorporatesoftware written by Medical Automation Systems (MAS). Roche’s contract with MAS entitles it to use the software for two years after the contract’s initial term (2006 through 2010) and any extension. It also gives Roche a right of first refusal should MAS agree to sell its stock or assets to one of Roch... More...   $0 (05-24-2011 - IN)

Plaintiff Debbie McCravy sued Defendant Metropolitan Life Insurance Company ("MetLife"), alleging, among other things, breach of fiduciary duty, and seeking damages under the "other appropriate equitable relief" provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(3). The district court granted McCravy summary judgment, but limited her damages to the return of h... More...   $0 (05-16-2011 - SC)

Ronald DeBoer started atrucking business, deBoer Transportation, in 1967. He and other members of his family managed it for 40 years, but by 2007 he wanted to sell the business and retire.

(There were then three affiliated firms: deBoer, Inc.; deBoer Transportation Inc.; and deBoer Capital Associates Inc.; we refer to them collectively as deBoer.) After one potential sale fell through, P... More...   $0 (05-13-2011 - WI)