In Younger v. Harris, 401 U.S. 37 (1971), a federal court plaintiff sought a federal injunction to stop state court proceedings that he claimed would violate his federal constitutional rights. The Supreme Court said no, the federal courts would abstain, leaving the state courts to consider the federal constitutional issues that would arise in their proceedings.

In this unusual case, by cont... More...   $0 (08-27-2010 - IL)

This commercial landlord-tenant dispute involves a tenant who overstayed its welcome at a warehouse with a leaky roof, the replacement of which both landlord and tenant deny is their responsibility. After the tenant filed an action for declaratory

1 We refer to the defendants collectively as “Bolgerâ€� and use the pronoun “heâ€� both for ease of reading and because David Bolger was the ... More...   $0 (08-24-2010 - IL)

The Supreme Court held in Republican Party of Minnesota v. White, 536 U.S. 765 (2002) (White I), that elected judges, and candidates for judicial office, have a right under the first amendment to declare their legal views to the electorate during their campaigns. The decision left open myriad questions of implementation, and litigation has ensued across the country in those states that give the vo... More...   $0 (08-20-2010 - IN)

This action, consolidated on appeal, arises out of grants of summary judgment in favor of defendant-respondent corporations (General Electric, et al.; A.W. Chesterton Co., et al.; and FMC Corp., et al.) (collectively, ―Respondents‖) on the grounds that the plaintiffs-appellants‘ (Mildred Castorena, et al.; Willis E. Norton, Sr.; and John D. Adamson, et al.) (collectively, ―Appellants‖) w... More...   $0 (08-18-2010 - ID)

This appeal stems from the sale of a mineral interest in 1998. Strapped for cash, Appellant Martin Brock Jones, Jr. sold the interest for $55,000. Subsequent field development netted the purchasers revenues upwards of a million dollars. Simply stated, we must decide who knew what when. The trial court entered summary judgment in favor of the purchasers--James Cleo Thompson, Jr., individually and a... More...   $0 (08-11-2010 - TX)

Shortly after being employed as a welder for James Marine, Inc. (JMI), Heather Spees discovered that she was pregnant.

At the direction of her foreman, Spees obtained a note from her physician restricting her to light-duty work, which resulted in JMI reassigning her to a position in the company’s tool room. JMI terminated Spees two months later when a second doctor placed her on bedrest... More...   $0 (08-10-2010 - KY)

In this case we primarily consider whether, in a negligence action against a nonpublic defendant, the reduction of a plaintiff‟s award of past medical expense damages to the dollar amount ultimately paid by the plaintiff‟s private health insurance to his health care providers is appropriate under the collateral source rule. In light of the public policy conclusions expressed by our state Supre... More...   $0 (08-10-2010 - CA)

Petitioner brought wrongful death and survival actions against CSX Transportation, Inc. (CSX) and the South Carolina Department of Transportation (SCDOT) stemming from a collision between an automobile and a freight train. Petitioner settled the claims against CSX, and the trial court granted summary judgment in favor of SCDOT. The court of appeals affirmed, and we granted Petitioner's request ... More...   $0 (08-09-2010 - AC)

The appellants, David M. Somers & Associates, P.C., and David M. Somers, appeal from the judgments of the trial court rendered in favor of the appellee, Ruth A. Kendall.1 The appellants claim that the court improperly (1) held Somers in his individual capacity liable for damages and (2) failed to apply the doctrine of judicial estoppel.2 We disagree and affirm the judgments of the trial court.
... More...   $0 (08-03-2010 - )

Petitioner brought wrongful death and survival actions against CSX Transportation, Inc. (CSX) and the South Carolina Department of Transportation (SCDOT) stemming from a collision between an automobile and a freight train. Petitioner settled the claims against CSX, and the trial court granted summary judgment in favor of SCDOT. The court of appeals affirmed, and we granted Petitioner's request f... More...   $0 (08-02-2010 - SC)

Oncor Electric Delivery Company LLC (“Oncorâ€�) filed an eminent domain proceeding against appellants, Dallas Area Rapid Transit (“DARTâ€�) and Fort Worth Transportation Authority (“The Tâ€�), to take an easement for an electrical transmission line. Appellants filed a plea to the jurisdiction based on governmental immunity, which, after a hearing, the trial court denied. We reverse the trial... More...   $0 (07-29-2010 - TX)

Michael Sloas, a sheetmetal worker employed by CSX Transportation, Inc. ("CSXT"), injured his back while attempting to remove a damaged Snyder valve from a locomotive’s fuel tank. Subsequently, Sloas applied for and received a disability annuity under the Railroad Retirement Act ("RRA"). See 45 U.S.C. § 231 et seq. Sloas also sued CSXT for negligence under the Federal Employers Liability Act ("... More...   $0 (07-26-2010 - WV)

This suit arises out of a surface use dispute between the owners of the JY Ranch, Thomas Ed Cole and Roy Franklin Cole (the Coles), and the operators of a waterflood partially situated on that ranch. The trial court granted multiple motions for partial summary judgment and certified an interlocutory appeal. We affirm in part and reverse and remand in part.

I. Background Facts

... More...   $0 (07-23-2010 - TX)

Tamika Jones filed suit against her employer, Res-Care, Inc., and another Res-Care employee, Shane McFall, in the United States District Court for the Southern District of Indiana. Jones alleged discrimination because of race and retaliation under Title VII of the Civil Rights Act of 1964. Jones also brought claims under state law for slander per se, negligent supervision and vicarious liability u... More...   $0 (07-18-2010 - IN)

Appellant Matthew Donald Thompson (Thompson) is a white police officer who has been employed by the City of Monrovia Police Department (Department) since 1997. In 2008, he sued the Department for harassment and hostile work environment arising from offensive remarks and behavior directed at an African American colleague, retaliation for Thompson‟s reports of the misconduct, and failure to invest... More...   $0 (07-15-2010 - CA)

When a group of companies conspires to fix prices at higher than a competitive level, the resulting overcharge is paid in the first instance by the direct purchaser of the cartel‟s goods. In markets where the direct purchaser is not also the ultimate purchaser, but an intermediary between the cartel and the consumer (the indirect purchaser), several questions arise: First, who should be permitte... More...   $0 (07-12-2010 - CA)

Plaintiff Ana Yanez sued defendants SOMA Environmental Engineering, Inc., Mansour Sepehr, and Brian Tims (collectively SOMA) for injuries she suffered in an automobile accident. A jury found that SOMA‘s negligence caused Yanez‘s injuries, and returned a special verdict awarding her $150,000 in damages, including $44,519.01 in damages for past medical expenses. After judgment was entered, SOMA ... More...   $0 (06-25-2010 - CA)

Plaintiff-appellant Donna L. McGullam appeals pro se 16 from a judgment of the United States District Court for the 17 Eastern District of New York (Hurley, J.), granting summary 18 judgment on federal and state law claims of a sexually 19 hostile work environment, disparate treatment, and 20 retaliation in favor of McGullam’s employer, defendant- 21 appellee Cedar Graphics, Inc. Regarding the T... More...   $0 (06-15-2010 - NY)

Plaintiff City of San Jose (City) sued defendant Union Pacific Railroad Company (Union Pacific) to condemn roadway easements over railroad tracks so as to widen a road already traversing the tracks. The parties agreed on the taking and litigated the compensation issue in a court trial based on stipulated facts. The trial court awarded Union Pacific nominal compensation for the taking insofar as th... More...   $0 (06-11-2010 - CA)

In its inception, this case involved a dispute between Jeff Moore, d/b/a T&M Production (who had been the holder of the oil and leasehold estate of certain realty in Harrison County, Texas) and Jet Stream Investments, LTD, et al. (the holder of the interests which had been subject to the oil and gas lease), wherein it had been alleged that the oil and gas lease had terminated under the terms of th... More...   $0 (06-03-2010 - TX)

The question presented is whether post-judgment interest should be calculated at the federal rate provided for under 28 U.S.C. § 1961(a)1 or at the rate provided for under New York law where our jurisdiction is premised on the diversity of the citizenship of the parties and the contract giving rise to the action contains a general choice-of-law provision requiring the application of New York law.... More...   $0 (05-25-2010 - NY)

Appellants/cross-appellees--M. P. McCammon, McCammon Oil, Inc., Nosivad Oil, Inc., Van Davison, Dawn Davison, Tejon Exploration, Doralex Energy, Inc., Mansefelt Investment Corp., Fred Harendt, et al.--and appellees/cross-appellants Noel D. Ischy and NOW Development Company, Inc. (1) appeal from a district court judgment in favor of Ischy in a trespass to try title action concerning an oil and gas... More...   $0 (05-24-2010 - )

r. Lyubov Gorelik ("Gorelik") appeals from the dismissal of her five-count complaint against Defendant-Appellee Kevin Costin ("Defendant") in his official capacity as president of the New Hampshire State Board of Medicine. Counts I through IV of Gorelik's complaint assert that Defendant violated her due process and equal protection rights under 42 U.S.C. § 1983 and the Fourteenth Amendment. All f... More...   $0 (05-21-2010 - NH)

Very often determining which party has the burden of proof is perfunctory and does not have a great effect. In this case, we believe the burden of proof is crucial.

Buck Bryan Ramsey and his wife, Edith Elizabeth Ramsey,[1] became the owners of real property in Lamar County upon which an oil well was located, the well having been drilled pursuant to a pre-existing oil and gas ... More...   $0 (05-19-2010 - TX)