In May 2012, Paul F. Mik, Jr., Lee Ann Mik, and PALS Enterprises, LLC (collectively, “the Miks”) filed suit against the Federal Home Loan Mortgage Corporation (“Freddie Mac”), arguing that they were unlawfully evicted from their rental home after their landlord defaulted on her mortgage and the property was sold at a foreclosure sale. The district court granted Freddie Mac’s motion to di... More...   $0 (02-07-2014 - KY)

Rafael Lozano appeals from a judgment in favor of BNSF Railway Company (“BNSF”) on Lozano’s negligence claims under the Federal Employers’ Liability Act (“FELA”). This Court granted transfer pursuant to Rule 83.04 and has jurisdiction of the appeal. Mo. Const. art. V, § 10. Lozano asserts three claims of error relating to the trial court’s exclusion of evidence at trial. Finding no ... More...   $0 (02-04-2014 - MO)

These related cases raise dozens of claims of illegal discrimination in the promotion process used by the Indianapolis Metropolitan Police Department and the Indianapolis Fire Department. The complaints are sprawling and the procedural history is a bit convoluted; we have simplified the presentation of the issues. A large group of black police officers and firefighters sued the City of Indianapoli... More...   $0 (02-04-2014 - IN)

RMSTRONG, P. J. 1
This case involves a dispute between landowners about their respective 2 ownership rights in a vacated Clackamas County road--Skyland Drive. Defendants are 3 owners of lots within a platted subdivision that contained the original dedication of 4 Skyland Drive. Plaintiffs own parcels of property located across Skyland Drive from 5 defendants' lots, but plaintiffs' parcels were... More...   $0 (01-30-2014 - OR)

In this diversity case, Plaintiffs-Appellants Clyde Boyett (ABoyett@) and his wife, Annie Boyett (together, Athe Boyetts@), seek to recover damages for injuries Boyett incurred in an accident. Recovery is sought against Defendant-Appellee Redland Insurance Company (ARedland@) under an insurance policy Redland issued to Boyett=s employer, Boeuf River Ventures (ABoeuf River@). The district court gra... More...   $0 (01-27-2014 - LA)

The central question in this appeal arises out of a lawsuit brought by SmithKline Beecham (GSK) against Abbott Laboratories (Abbott) that contains antitrust, contract, and unfair trade practice (UTPA) claims. The dispute relates to a licensing agreement and the pricing of HIV medications, the latter being a subject of considerable controversy in the gay community. GSK’s claims center on the cont... More...   $0 (01-22-2014 - CA)

¶1 Duane Porter appeals from the trial court’s entry of
summary judgment against him and in favor of Farmington City
Corporation and Farmington City Cemetery (collectively, the City).
We affirm.
Porter v. Farmington City
20120911-CA 2 2014 UT App 12
¶2 Porter was injured on May 23, 2009, when he fell into a
concealed hole on the grounds of the City’s cemetery. Por... More...   $0 (01-16-2014 - UT)

¶1 Duane Porter appeals from the trial court’s entry of summary judgment against him and in favor of Farmington City Corporation and Farmington City Cemetery (collectively, the City).

We affirm.

Porter v. Farmington City

20120911-CA 2 2014 UT App 12

¶2 Porter was injured on May 23, 2009, when he fell into a concealed hole on the grounds of the City’s cemetery. Por... More...   $0 (01-16-2014 - UT)

Bradley Larson appeals the district court’s 1 adverse grant of summary judgment respecting the timeliness of his lawsuit against Nationwide Agribusiness Insurance 1The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.

Company (Nationwide) seeking coverage under Larson’s employer’s underinsured motorist (UIM) policy with Nationwide.2 We affirm.
<... More...   $0 (01-15-2014 - MN)

This case is about the meaning of the election‐of‐remedies provision in the Federal Railroad Safety Act (“FRSA”). The defendant, Norfolk Southern Railway, claims that this provision bars a railroad employee who has been wrongfully discharged from obtaining relief

* Of the Northern District of Indiana, sitting by designation.

2 No. 13‐2307

through both grievance‐arb... More...   $0 (01-14-2014 - IL)

For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source—or to require, as USCA Case #11-1355 Document #1474943 Filed: 01/14/2014 Page 3 of 81

4

it is popularly known, “net neutrality.” In Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010), we h... More...   $0 (01-14-2014 - DC)

21 Plaintiff-Appellant Brian Anthony Martinez (“Martinez”) appeals from a
22 judgment of the United States District Court for the Southern District of New
23 York (Furman, J.), dismissing his complaint for improper venue under Rule
24 12(b)(3) of the Federal Rules of Civil Procedure. Martinez brought this action
25 against his former employer, Bloomberg LP (“Bloomberg”), a ... More...   $0 (01-14-2014 - NY)

Ivan Reed received life-saving medical treatment at Via Christi Regional Medical Center, Inc. (Via Christi), after his car collided with a Union Pacific Railroad train. Via Christi filed a hospital lien under K.S.A. 65-406 et seq. to collect on its bill for the services provided Reed. The lien initially purported to encumber $84,744.11 of Reed's $540,000 settlement with Union Pacific; Via Christi ... More...   $0 (12-20-2013 - KS)

¶1 Alexander Kerr injured himself when he tripped on a sidewalk defect in Salt Lake City. He sued the city and obtained a judgment in his favor. Salt Lake City now appeals, alleging: (1) the city is entitled to discretionary function immunity, (2) Mr. Kerr did not present evidence that the city had adequate notice of the sidewalk defect during summary judgment proceedings or at trial, and (3) the... More...   $0 (12-17-2013 - UT)

¶1 The controversy framed by the parties involves whether Lincoln Farm, L. L. C., breached a contract to sell potatoes to Farming Technology Corporation, and whether certain provisions of the Uniform Commercial Code involving the unavailability of a carrier and a commercially impracticable method of delivery are applicable to the parties. Farming Technology argued in the trial court that Lincoln ... More...   $0 (11-28-2013 - OK)

This is an appeal from a summary judgment in a wrongful-death action in which the decedent’s children asserted claims against a natural gas provider based upon negligence, negligence per se, strict liability, gross negligence, negligent misrepresentation, and intentional misrepresentation. The trial court dismissed all

2

claims. On appeal, the three-member panel of this court is fr... More...   $0 (11-27-2013 - TX)

This is a declaratory judgment action. Appellants, Hallmark Specialty Insurance Company and Unitrin County Mutual Insurance Company, each issued an insurance policy to Appellee, Manriquez Trucking.1 Manriquez sought a declaration in the trial court that, under the terms of the insurance policies,

1The named insured on both policies was “A.S. Manriquez Trucking Inc.”

2

Hall... More...   $0 (11-27-2013 - TX)

On June 24, 2010, Jeffrey Cooper filed a lawsuit against Phillip Glasser, Richard Glasser, and David Glasser (“the Glassers”) in the Superior Court for Los Angeles County, California. Mr. Cooper alleged that the Glassers materially misrepresented certain facts to induce him to invest $500,000.00 in the Glassers’ start-up movie-production company, Hi- Def Entertainment, LLC. Mr. Cooper sought... More...   $0 (11-26-2013 - TN)

Paul Damon ("Damon") and Natalia Olinetchouk ("Olinetchouk"), on behalf of themselves and others similarly situated, appeal the trial court's dismissal of their class action petition for declaratory relief, injunctive relief, and damages against the City of Kansas City and American Traffic Solutions, Inc. We hold that the ordinance is invalid because it conflicts with state law. We further hold th... More...   $0 (11-26-2013 - MO)

We are asked to decide claims of Mexican temporary farmworkers under the Fair Labor Standards Act and relevant state law.

I

A

Peri & Sons is a Nevada corporation that produces, harvests, and packages onions.1 The plaintiffs are Victor Rivera Rivera and twenty-three other Mexican citizens (“the farmworkers”) admitted to the United States to cultivate, harvest, and process o... More...   $0 (11-14-2013 - NV)

These consolidated appeals raise a question of first impression in this circuit: Does Title II of the Americans with Disabilities Act (“ADA”) cover employmentrelated disability discrimination? Title II provides that state and local governments may not exclude eligible disabled persons from “participation in” or “the benefits of” governmental “services, programs, or activities” or o... More...   $0 (11-06-2013 - IL)

In this interlocutory appeal, Pilot Travel Centers, LLC (Pilot Travel) asserts the trial court erred by denying its motion to compel arbitration and for a stay of the trial court proceedings against it. We reverse the trial court’s order denying Pilot Travel’s motion to compel arbitration and for stay of the trial court proceedings.

Background

On January 18, 2011, James Antonio M... More...   $0 (11-05-2013 - TX)

This appeal presents the question of whether expert testimony based upon speculative assumptions is sufficient to support an award of future loss of earning capacity and the dilemma of determining whether such assumptions are reasonable just because “an expert says it is so.” Merrell Dow Pharms., Inc. v. Havner, 953 S.W.2d

2

706, 712 (Tex. 1997), cert. denied, 523 U.S. 1119, 118 ... More...   $0 (10-24-2013 - TX)

Plaintiff Ruby Cornejo filed this action for damages for violations of the California Whistleblower Protection Act (WPA) (Gov. Code, § 8547 et seq.)1 in May

______________

1 Undesignated statutory references are to the Government Code.

2

2010. She alleged that as a result of her reports starting in 1999 the practices and policies of the Department of Social Services (t... More...   $0 (10-22-2013 - CA)

Appellant Colony Cove Properties, LLC, a Delaware limited liability company, is the owner of the Colony Cove Mobile Estates, a mobilehome park (the Park) containing approximately 400 spaces, located in respondent City of Carson (the City). At the time appellant purchased the Park, it was rent controlled.1 Appellant submitted applications for rent increases in September 2007 and again in September ... More...   $0 (10-21-2013 - CA)