Appellee, Lexington Insurance Company (“Lexington�), moved for rehearing of our April 19, 2012 opinion. We grant the motion for rehearing, withdraw our April 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Lexington’s May 21, 2012 motion for en banc reconsideration as moot.1

Appellant, Javier Alvarado, s... More...   $0 (10-18-2012 - TX)

Verizon Business Network Services, Inc., formally known as MCI Worldcom Network Services, Inc. and doing business as MCI Telecommunications Corp. (MCI), appeals the district court’s judicial review ruling of a workers’ compensation decision asserting the district court erred in holding it responsible to pay for the unauthorized weight-loss surgery of the injured worker, Melinda McKenzie. McKen... More...   $0 (10-17-2012 - IA)

Kenneth Cleveland and William Bickley sued Robert V. Johnson and Internet Specialties West, Inc. (IS West). At trial before a jury, they asserted claims for breach of contract, breach of fiduciary duty, and false promise in connection with a $75,000 investment made pursuant to a February 1995 agreement. The jury found no false promise, but awarded more than $3.8 million for breach of contract, bas... More...   $0 (10-13-2012 - CA)

Electromagnetic radiation is a form of energy ubiquitous in our modern world, associated with everything from WiFi networks to microwave ovens to power lines. Most of us do not notice it. Some individuals, however, apparently suffer from a condition known as electromagnetic hypersensitivity (“EHSâ€�), which requires them to avoid exposure to sources of electromagnetic radiation. These sources in... More...   $0 (10-10-2012 - NM)

The Sedgwick County, Kansas, Board of Zoning Appeals (Board) appeals the district court's decision vacating the Board's grant of three zoning variances to Norman and Leatha Hein related to their lawn care business operated from their rural home. The Board argues that Larry Hacker, Terry Hacker, Richard Gronniger, and Kansas Paving Company, who are the owners and lessees of real property adjacent t... More...   $0 (09-14-2012 - KS)

Jeremy McDaniel sued Trio Holdings, LLC d/b/a Trio Wireless as a result of injuries McDaniel sustained when he was a business invitee on Trio’s premises. McDaniel alleged that Trio and its employees were negligent and breached a duty of reasonable care by failing to make the premises safe. Trio moved for summary judgment, asserting that it owed no duty to McDaniel because the criminal act was ... More...   $0 (09-03-2012 - TX)

The plaintiff filed suit against the owner and driver of a car for injuries sustained in an auto accident. The plaintiff served the owner with a proposal to settle the case for $40,000 o n August 13, 2004.1 The proposed settlement provided:

As a condition of this Proposal for Settlement, in exchange for the $40,000.00 hereinabove offered to settle this matter, Plaintiff, TANOIS CHAMOUN, wil... More...   $0 (08-29-2012 - FL)

In this case, plaintiffs-appellees -- producers and owners of copyrighted television programming -- sued defendants-appellants ivi, Inc. ("ivi") and its Chief Executive Officer, Todd Weaver, for streaming plaintiffs' copyrighted television programming over the Internet live and without their consent. The district court granted a preliminary injunction for plaintiffs, holding that: (1) plaintiffs w... More...   $0 (08-29-2012 - NY)

Apple, Inc. sued Samsung Electronics on patent infringement theories claiming that the Defendant infringed five patents issued to it relating to its iPhone that Samsung used in the design and manufacture of smartphones.

Samsung denied wrongdoing.

Recent Court minutes entered by the Court:

08/01/2012 1533 DECLARATION of John B. Quinn Submitted At the Request of the Court... More...   $1000000000 (08-25-2012 - CA)

This appeal arises from an attempt by appellant Green Mountain Realty Corp. to secure permits and regulatory approval to construct a 140-foot cellular phone tower in Milton, Massachusetts. Green Mountain's applications to the Town of Milton Zoning Board of Appeals (the "Board" or "BOA") and the Milton Conservation Commission (the "Commission" or "MCC"), both necessary steps in the approval proces... More...   $0 (08-10-2012 - MA)

Appellant in this case is the City of Los Angeles (City). Respondents are various collectives and individual members of collectives (Collectives) currently engaged in the cultivation, distribution, or use of medical marijuana within City limits.1 In the court below, the Collectives filed various separate lawsuits seeking to enjoin enforcement of City Ordinance No. 181069 (Ordinance), passed by the... More...   $0 (07-03-2012 - CA)

Martha Hoover, plaintiff and respondent, worked as a sales agent for about four months for American Income Life Insurance Company (AIL), defendant and appellant. AIL appeals from an order denying its petition to compel arbitration of Hoover‟s civil action based on various Labor Code statutes. (Code Civ. Proc., § 1294, subd. (a).)

The underlying issue, which we do not resolve in this appe... More...   $0 (06-13-2012 - CA)

Plaintiffs appeal the dismissal of their case pursuant to Fed. R. Civ. P. 12(b)(1). The district court, following a hearing, found that the “filedrate doctrineâ€� denied the court federal question subject-matter jurisdiction. The district court also found that the Public Utilities Commission of Ohio (“PUCOâ€�) had exclusive jurisdiction over Defendants’ state-law claims, depriving the court ... More...   $0 (06-04-2012 - OH)

The plaintiffs are severely disabled California residents. They alleged that “[c]onventional medical services, drugs and medications” have not alleviated the pain caused by their

impairments. Each of them has therefore “obtained a recom- mendation from a medical doctor” to use marijuana to treat her pain. This medical marijuana use is permissible under California law, see Cal. He... More...   $0 (05-11-2012 - CA)

The Telephone Consumer Protection Act (TCPA or “the Act�), 47 U.S.C. §227, is well known for its provisions limiting junk-fax transmissions.

A less-litigated part of the Act curtails the use of automated dialers and prerecorded messages to cell phones, whose subscribers often are billed by the minute as soon as the call is answered—and routing a call to voicemail counts as answering ... More...   $0 (05-11-2012 - IL)

Appellant, Javier Alvarado, sued Lexington Insurance Company (“Lexingtonâ€�) for breach of contract, breach of the duty of good faith and fair dealing, and violations of the Texas Insurance Code and the Deceptive Trade Practices Act (“DTPAâ€�) after Lexington rejected Alvarado’s claim for property damage following Hurricane Ike. The trial court rendered summary judgment in favor of Lexingto... More...   $0 (04-19-2012 - TX)

After hearing the evidence in this pregnancy discrimination case, the jury returned a verdict in favor of the plaintiff, Lisa Holland, and awarded her $80,000 in back pay and $10,000 for emotional distress. The defendant, Sheriff David Gee, moved for judgment as a matter of law. The District Court sustained the jury’s finding of liability, but vacated the award of back pay. After careful review ... More...   $0 (04-17-2012 - FL)

Plaintiffs and appellants Michael Willard and Jessica Sher subscribed to a wireline1 telephone service and to a service offered by the telephone company that suppressed their names, addresses, and telephone numbers from the White Pages telephone directory and 411 directory assistance (―nonpublished service‖). The voice communications services industry in California is under the jurisdiction of... More...   $0 (03-06-2012 - CA)

Under a contract with the Arkansas Department of Correction (ADC), Global Tel*Link (GTL) provides telephone service to ADC inmates and pays ADC 45% of GTL’s gross revenues. Inmate Winston Holloway commenced this 42 U.S.C. § 1983 action against GTL and ADC officials alleging, as relevant here, that the elevated phone charges he must pay by reason of the contract violate his First Amendment free ... More...   $0 (02-02-2012 - AR)

Appellant Kathryn Pereda (“Peredaâ€�) appeals the district court’s dismissal of her two-count complaint alleging interference and retaliation under the Family and Medical Leave Act of 1993 (“FMLAâ€�), 29 U.S.C. § 2601, et seq., against Appellee Brookdale Senior Living Communities (“Brookdaleâ€�). The district court held that because Pereda was not an eligible employee at the time she was ... More...   $0 (01-10-2012 - FL)

This case is one of many arising from claims that the federal government, with the assistance of major telecommunications companies, engaged in widespread warrantless eavesdropping in the United States following the September 11, 2001, attacks. At issue in this appeal is whether Carolyn Jewel and other residential telephone customers (collectively “Jewelâ€�) have standing to bring their statutor... More...   $0 (12-29-2011 - CA)

These consolidated appeals arise from claims that major telecommunications carriers assisted the government with intelligence gathering following the terrorist attacks on September 11, 2001. News reports that the National Security Agency (“NSAâ€�) undertook a warrantless eavesdropping program with alleged cooperation by telecommunications companies spawned dozens of lawsuits by customers against... More...   $0 (12-29-2011 - CA)

Devonna Culpepper, a hearing-impaired employee of the United States Department of Agriculture (“USDA�), brought this action against the secretary of that department for workplace discrimination and retaliation in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. She appeals an adverse bench trial verdict. We affirm the judgment of the district court.1

I. BACKGROUNDMore...   $0 (12-28-2011 - AR)

Appellant the City of Fort Worth brings this interlocutory appeal from the trial court’s order denying in part its plea to the jurisdiction on the whistleblower claim filed by Appellee Janet Anne Lane. In one issue, Fort Worth argues that Lane did not establish a waiver of immunity under the Texas Whistleblower Act because she did not make a good faith report of a violation of law. Because we ... More...   $0 (12-22-2011 - TX)

This appeal stems from a suit against the law firm of Becker & Poliakoff for legal malpractice and breach of fiduciary duty. Jacquelyn Young appeals from the trial court’s order remitting the jury’s $4.5 million punitive damages award against Becker & Poliakoff to $2 million, or alternatively, granting a new trial on punitive damages. Becker & Poliakoff cross-appeals, contending that it was en... More...   $0 (12-21-2011 - FL)