¶1 The Defendant/Appellant, Miami Tribe of Oklahoma (Tribe), d/b/a White Loon Construction Company, seeks review of the trial court's judgment and the Court of Civil Appeals opinion in favor of Plaintiff/Appellee, Seneca Telephone Company (Seneca), in Seneca's four consolidated small claims actions asserting tort claims arising from Tribe's repeated damage to Seneca's underground telephone lines ... More...   $0 (03-08-2011 - OK)

¶1 The Estate of Linda J. Barclay Doyle (Plaintiff) appeals from a trial court order granting the motions to dismiss of Defendants Sprint/Nextel Corporation and Samsung Telecommunications America, L.L.C. As an accelerated appeal filed pursuant to Oklahoma Supreme Court Rule 1.36, 12 O.S. Supp. 2010, ch. 15, app. 1, this case stands submitted without appellate briefing. After review of the record ... More...   $0 (03-07-2011 - OK)

This is an appeal from a take-nothing judgment that disregarded a jury's finding awarding contract damages to the plaintiff. The principal issue presented is whether the district court would have abused its discretion in excluding a plaintiff's damages evidence for failure to disclose his basic damages contentions in discovery. Finding no abuse of discretion, we will affirm the district court's ju... More...   $0 (03-03-2011 - TX)

Liability under §1 of the Sherman Act, 15 U. S. C. §1, requires a “contract, combination . . . , or conspiracy, in restraint of trade or commerce.” The question in this putative class action is whether a §1 complaint can survive a motion to dismiss when it alleges that major telecommunications providers engaged in certain parallel conduct unfavorable to competition, absent some factual cont... More...   $0 (02-27-2011 - )

This class action arises out of an allegedly unlawful attempt to collect a debt arising from an unpaid mobile phone bill. The named plaintiff, Nemesio Castro, a debtor, sued two debt collectors (collectively “the defendants”) for allegedly violating the Fair Debt Collection Practices Act (“the FDCPA”), 15 U.S.C. § 1692 et seq., by sending letters that, he claimed, threatened to sue on an ... More...   $0 (02-24-2011 - TX)

In this appeal, we are asked to determine whether, in an action to enforce a confession of judgment clause in a guarantee of a promissory note executed outside the State of Maryland, the Circuit Court for Montgomery County had personal jurisdiction over Lenan Cappel and his wife, Pauline Cappel, (the “Cappels”), appellants, by virtue of their ownership of unimproved real property in Maryland u... More...   $0 (02-07-2011 - MD)

Raymond Birmingham was the victim of identity theft. Verizon Wireless closed two fraudulent accounts opened in his name, but he disputed charges to his legitimate accounts and closed those as well. Verizon then reported his failure to pay the charges to the three major credit-reporting agencies—Experian Information Solutions, Inc. (Experian); Equifax; and TransUnion. Birmingham disputed these re... More...   $0 (02-07-2011 - UT)

As numerous courts and commentators have noted, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) has created many difficult problems of statutory interpretation, none more vexing than those arising from application of the “projected disposable income test” imposed by 11 U.S.C. § 1325(b)(1). Under § 1325(b)(1)(B) of the Bankruptcy Code (the “Code”)... More...   $0 (02-04-2011 - MI)

The two cases that we have consolidated for decision in this opinion both deal with the responsibilities of a company with respect to a definedcontribution pension plan that it offers to its employees.

The company in each instance is Motorola, Inc., and the disputes concern employees’ retirement accounts in the Motorola 401(k) Savings Plan (the “Plan”). Bruce Howell was the original p... More...   $0 (01-21-2011 - IL)

Appellant Loretta Thompson claims the district court1 erred in granting summary judgment in favor of her employer, CenturyTel, on her Family and Medical Leave Act (“FMLA”) interference claim. However, the record establishes that the district court did not err in determining that CenturyTel discharged Thompson for violating the company’s call-in policy. Thus, we affirm.

I.

C... More...   $0 (12-03-2010 - AR)

Edward J. Allard appeals the trial court's order granting Al-Nayem International, Inc., a rehearing as to damages suffered by Al-Nayem for Mr. Allard's breach of a warranty deed. See Fla. R. App. P. 9.130(a)(4).1 Al-Nayem cross-appeals, challenging an earlier final order granting an involuntary dismissal to Mr. Allard. See Fla. R. App. P. 9.030(b)(1)(A); 9.110(g). We affirm as to the involuntary d... More...   $0 (11-05-2010 - FL)

Appellant Francis J. Farina brought this class action against various cell phone manufacturers and retailers of wireless handheld telephones. He appeals from the dismissal of his complaint on the ground that his claims are preempted by regulations promulgated by the Federal Communications Commission. We will affirm.

I.

Farina represents a putative class consisting of all past, curren... More...   $0 (11-03-2010 - PA)

Richard and Karen Shook, husband and wife, filed suit against Avaya, Inc., Richard‟s former employer, alleging a violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1104 and 1132. The Shooks contended that Avaya breached its fiduciary duty owed to them as participant and beneficiary under the Avaya Pension Plan through a series of misleading letters regarding... More...   $0 (11-02-2010 - PA)

These consolidated appeals involve claims by plaintiff landowners that Pacific Gas & Electric Company (PG&E) engaged in excessive trimming of commercially productive walnut trees located under the utility‟s power lines. The first appeal is taken by plaintiffs William R. Sarale and Julie Ann Sarale from a judgment of dismissal entered by the San Joaquin Superior Court. The second appeal is taken ... More...   $0 (10-15-2010 - CA)

This multidistrict litigation involves multiple class action lawsuits arising from the billing practices of defendant AT&T Corporation. Each class of plaintiffs challenged the lawfulness of a monthly line-item charge defendant imposed on its customers to recover contributions to the federal Universal Service Fund (“USF”) required by 47 U.S.C. § 254. One subclass of plaintiffs, comprising all ... More...   $0 (09-20-2010 - CA)

Plaintiffs Qualified Patients Association (QPA) and Lance Mowdy appeal from a judgment of dismissal entered after the trial court sustained, without leave to amend, the City of Anaheim‟s demurrer to plaintiffs‟ complaint. Asserting the primacy of state law over local law under constitutional and statutory authority (Cal. Const., art. XI, § 7; Gov. Code, § 37100), plaintiffs‟ first cause of... More...   $0 (08-18-2010 - CA)

Appeal from a judgment of the United States District Court
17 for the Southern District of New York (Paul G. Gardephe, Judge)
18 granting defendant’s motion for summary judgment dismissing
19 appellant’s hostile work environment claim. We vacate and
20 remand.
21 STEPHEN BERGSTEIN (Helen G.
22 Ullrich, on the brief), Bergstein &
23 Ullrich LLP, Chester, New York, fo... More...   $0 (08-13-2010 - NY)

Paris Wilson is the sole survivor of a tragic mass slaying. He was left for dead with life-threatening wounds as his mother and siblings lay dying nearby in their home. After enduring multiple stab wounds allegedly inflicted by his uncle, Paris was finally able——more than thirty hours after the attack——to telephone a Jersey City 9-1-1 operator for help. Rescue arrived almost immediate... More...   $0 (08-06-2010 - NJ)

In this direct appeal from the Commonwealth Court, we consider whether “canned” computer software1 constitutes “tangible personal property,” such that the purchase of such software is subject to sales tax under the Tax Reform Code, 72 P.S. § 7201 et seq. (the “Code”).2 For the reasons that follow, we conclude that canned computer software is tangible personal property, and, therefore,... More...   $0 (07-21-2010 - PA)

This petition for review comes before us on remand from the Supreme Court. Previously we held, with Judge Leval dissenting, that the indecency policy of the Federal Communications Commission (“FCC” or “Commission”) was arbitrary and capricious under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2)(A). See Fox Television Stations, Inc. v. FCC, 489 F.3d 444, 462 (2d Cir. 2007... More...   $0 (07-13-2010 - NY)

This is a junk fax case, and like most such cases, the facts are not especially juicy. In 2004 Prism Business Media, Inc., sent CE Design, Limited, a fax advertising a trade show.1 That’s it. But that small act sparked a lawsuit that presents some interesting jurisdictional and regulatory questions. CE Design sued Prism under the Telephone Consumer Protection Act (TCPA), which prohibits the use ... More...   $0 (05-27-2010 - IL)

This is a petition for writ of mandamus or certiorari which seeks to compel a ruling on the question whether the petitioner is required to proceed to arbitration.

We conclude that the petition is well taken.

Garcia Stromberg, LLC (“the Architect”) is an architectural firm which entered into two contracts with RC Rose Island Hotel Company, Ltd. for architectural services. The cont... More...   $0 (05-05-2010 - FL)

Global NAPs, Inc. (GNAPs) appeals from entry against it of a judgment for $57,716,714 for access charges that GNAPs owed but failed to pay Verizon New England Inc. (Verizon) for services Verizon provided between 2003 and 2006. Concerned that GNAPs could not pay a judgment, Verizon also successfully brought counterclaims alleging alter ego liability and disregard of the corporate form against GNAPs... More...   $57716714 (05-02-2010 - MA)

In this case we must decide whether the Federal Communications Commission has authority to regulate an Internet service provider’s network management practices. Acknowledging that it has no express statutory authority over such practices, the Commission relies on section 4(i) of the Communications Act of 1934, which authorizes the Commission to “perform any and all acts, make such rules and re... More...   $0 (04-06-2010 - DC)

This appeal from a judgment following a jury trial arises from a dispute between appellant Etan Industries, Inc. and Etan Industries, Inc., d/b/a CMA Cablevision and/or CMA Communications ("Etan") over its authority to install, own, and operate fiber optic and coaxial cable lines on land owned by appellees Ronald and Dana Lehmann without the Lehmanns' permission. The jury found that (i) Etan tresp... More...   $0 (03-26-2010 - TX)