This appeal presents substantive and procedural issues concerning the "hybrid claims resolution process" for certain civil damages claims relating to the sale of motor vehicles in Texas. See Subaru of Am., Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 222-26 (Tex. 2002). It arises from proceedings following our decision in Buddy Gregg Motor Homes, Inc. v. Motor Vehicle Board of the Texas Dep... More...   $0 (09-15-2010 - )

Martin Mulhall (“Mulhall”), an employee at the Hollywood Greyhound Track, Inc., d/b/a Mardi Gras Gaming (“Mardi Gras”), appeals from the district court’s dismissal of his complaint against Mardi Gras and UNITE HERE Local 355 (“Unite”), a labor union, for violations of § 302 of the Labor Management Relations Act (“LMRA”). Mulhall sued Unite and Mardi Gras to enjoin enforcement of... More...   $0 (09-10-2010 - FL)

Mary Campbell (“Campbell”) appeals the district court’s2 grant of summary judgment in favor of Davol, Inc., C.R. Bard, Inc., Surgical Sense, Inc. (“Surgical Sense”), and W.C.O. Medical Products Corporation (“W.C.O. Medical Products”).

On appeal, Campbell argues that the district court erred in granting summary judgment in favor of C.R. Bard, Inc. and Davol, Inc. (“Bard/Dav... More...   $0 (09-08-2010 - AR)

The plaintiff, Charles R. Hodgate, administrator of the estate of Tavis W. Hodgate,1 appeals from the summary judgment rendered in favor of the defendants Roger A. Silva and Wellington Sales & Installation Company, Inc. (Wellington). On appeal, the plaintiff claims that the court improperly (1) determined that Massachusetts law, rather than Connecticut law, applied to the present case, (2) conclud... More...   $0 (08-31-2010 - CT)

Plaintiff Clarence Gross got more than he bargained for when he sued his former employer, the Town of Cicero (“the Town” or “Cicero”), and several related individuals for what he believed to be an unconstitutional firing. The Town countersued and won on a breach of fiduciary duty theory, while defeating Gross’s constitutional claims in the process.

After a bench trial, Gross was s... More...   $0 (08-28-2010 - IL)

[¶1] Mark A. Dorr appeals from the district court‟s denial of his motion to declare Smith, Keller & Associates‟ (SKA) judgment against him satisfied. He challenges the district court‟s rulings that posting a supersedeas bond did not stop interest from accruing on the judgment and he was not entitled to credit against the judgment for settlements made by third parties in related actions.
... More...   $0 (08-24-2010 - WY)

Paul Leendertz, father of the minor child at issue in this proceeding, appeals the District Court’s grant of a petition filed by the mother, Marina Karpenko, for the child’s return under the Hague Convention on the Civil Aspects of International Child Abduction. For the following reasons, we will affirm the grant of Karpenko’s petition and order the minor child’s immediate return to her mo... More...   $0 (08-24-2010 - PA)

This case arises from a confrontation at Joseph Lundstrom’s home during a child welfare check by Albuquerque Police Department officers. The encounter resulted in the officers pulling weapons on Lundstrom and his girlfriend, Jane Hibner, ordering him from the home, and then leaving them handcuffed on the front sidewalk while officers searched the home. No child was found in the home.

Lu... More...   $0 (08-17-2010 - NM)

Under California‟s unfair competition law (Bus. & Prof. Code, § 17200 et seq.), plaintiffs, who are senior citizens, sued an insurance company, alleging deceptive business practices relating to the purchase and sale of annuity contracts. Plaintiffs sought a monetary award, and they asserted that statutory law entitled them to a trebling of the award.

Plaintiffs rely on Civil Code section... More...   $0 (08-10-2010 - CA)

This case illustrates the difficult problems presented by claims for disability insurance by people with serious and painful conditions that do not have objectively measurable symptoms. Plaintiff Lanette Holmstrom worked as a senior training specialist at a large credit management company. She participated in an employee welfare benefit plan administered by defendant Metropolitan Life Insurance Co... More...   $0 (08-07-2010 - IL)

Ophthalmologists Jeffrey Lipkowitz, M.D., and Darmakusuma Ie, M.D., appeal from an order granting summary judgment and dismissing their complaint against Hamilton Surgery Center, LLC. (HSC), Surgical Partners of America (SPA), and Michael W. Crews. A third plaintiff, Kekul Shah, M.D., chose not to participate in the appeal. We affirm.

These are the facts relevant to this appeal, view... More...   $0 (08-04-2010 - NJ)

Commercial construction projects often present unique challenges to the courts, in part because when an argument erupts over a claimed construction defect, it is inevitably complicated by the conflicting interests of the parties. The project owner wants the building to be free of defects, while other parties to the project, including the general contractor, its subcontractors and suppliers... More...   $0 (08-03-2010 - NJ)

In this case, Pearson Ford Co., an automobile dealer, backdated a contract it had entered into with Reginald Nelson, the vehicle buyer. Backdating the contract rendered inaccurate the disclosed annual percentage rate (APR), and resulted in Nelson paying interest for a time period that no contract existed. Pearson Ford also failed to list in the contract Nelson's purchase of automobile liability in... More...   $0 (07-25-2010 - )

1. The SEC brings this action for various disclosure and accounting violations involving Dell Inc. ("Dell") from 2001 to 2006. Dell's disclosure violations, which relate primarily to Dell's receipt oflarge payments from Intel Corporation ("Intel"), fraudulently misrepresented the basis for Dell's impr~ving profitability. Dell's separate fraudulent and improper accounting during this tirrie period ... More...   $100000000 (07-23-2010 - DC)

[¶1] Alsham Plaza, LLC; Alsham Supermarket, LLC; and Basel Soukarieh (Alsham) appeal from a judgment entered in the Business and Consumer Docket (Nivison, J.) on a pleading by agreement filed pursuant to M.R. Civ. P. 8(g)1 by Alsham and Coastal Ventures, William Bush, and Jane Bush (Coastal) in which Coastal alleged a breach of contract resulting from Alsham’s purchase of a grocery store and cl... More...   $0 (07-20-2010 - ME)

¶1 The essential issue before this Court is whether a contractual term regarding an increase in salary in the second year of a two-year collective bargaining agreement between the City of Stillwater and the Union representing the City's firefighters is void because it violates Article 10, § 26, of the Oklahoma Constitution. We hold that the contractual term increasing the salary of the firefight... More...   $0 (07-06-2010 - OK)

The Kneibert Clinic, LLC ("Kneibert") filed suit against Dr. Richard Smith and Weatherby Locums Tenens, Inc. ("Weatherby"), alleging a claim of indemnification from Dr. Smith and Weatherby for a judgment incurred by Kneibert in a separate lawsuit brought by a patient allegedly harmed by the negligence of Kneibert and Dr. Smith. A jury rendered a verdict in favor of Dr. Smith and Weatherby. Kneiber... More...   $0 (07-06-2010 - MO)

{1} In virtually all claims sounding in tort, our common law permits punitive damages where appropriate to punish outrageous conduct and to deter similar conduct in the future.

Similarly, in New Mexico all labor unions owe a common-law duty of fair representation (also referred to herein as “DFR”) to their members and are subject to suit for breach of that duty. In the case at bar, we a... More...   $0 (06-22-2010 - MN)

Te-Moak Tribe of Western Shoshone of Nevada, a federally-recognized Indian tribe (“the Tribe”), the Western Shoshone Defense Project (“WSDP”),1 and Great Basin Mine Watch (“GBMW”)2 (collectively,“Plaintiffs”) appeal the district court’s denial of their motion for summary judgment, and the grant of summary judgment to the Department of the Interior (“DOI”), the Bureau of Land ... More...   $0 (06-18-2010 - NV)

This appeal is part of a long-running dispute over whether the Secretary of the Interior (the “Secretary”) properly took a small tract of land into trust on behalf of the Wyandotte Tribe of Oklahoma. Because the Secretary has already taken the land at issue into trust, sovereign immunity precludes the relief sought by plaintiffs. Consequently, we dismiss the appeal for want of jurisdiction.More...   $0 (06-07-2010 - KS)

This appeal arises from an order of the District Court, entered July 22, 2008, granting summary judgment in favor of the Cape Henlopen School District (the “District”) and denying appellants’ claim for reimbursement of private school tuition and other related costs for their disabled child under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq. Appellants cla... More...   $0 (05-27-2010 - DE)

Property owners in the Matanuska-Susitna Borough obtained preliminary approval for a plat after agreeing to certain conditions regarding easements and rights-ofway. They submitted a final version of the plat that did not conform to those conditions, but the Borough Platting Board accepted it for recording. Other owners of property in the same subdivision complained to Borough officials, appealed t... More...   $0 (04-23-2010 - AK)

This case is before the Court for review of a question of Florida law certified by the United States Court of Appeals for the Eleventh Circuit that is determinative of a cause pending in that court and for which there appears to be no controlling precedent. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const. In Rando v. Government Employees Insurance Co., 556 F.3d 1173 (11th Cir. 2009), the ... More...   $0 (04-14-2010 - FL)

Jeanette Colwell, a former part-time retail clerk at a Rite Aid store in Pennsylvania, appeals from the District Court’s order granting summary judgment for the appellee, Rite Aid of Pennsylvania, Inc. (“Rite Aid”),1 in Colwell’s suit claiming disability discrimination.

I.

Background2

Sometime in April 2005, Colwell was hired as a cashier at the Rite Aid store in... More...   $0 (04-08-2010 - )

John Tamburo, an Illinois resident who operates a dog-breeding software business in Illinois, filed suit in the Northern District of Illinois alleging federal and state antitrust violations and several inten2 tional tort claims under Illinois law. His claims arise out of a dispute over the contents of a dog-pedigree software program he developed by lifting data from the defendants’ websites. He ... More...   $0 (04-08-2010 - IL)