On May 20, 2002, Mr. Wade and Darrin Rhodes went to service the Sundown Well, which is located in Meadow, Utah.2 In
1 Mr. Wade and his wife first filed the tort suit against FEA. They added Dixie as a defendant after learning that the utility employees involved in the accident were leased by Dixie to FEA. 2 In evaluating cross-motions for summary judgment, we recite the facts in the light mo

Appeal from a judgment of the United States District Court for the Western District
of New York (David G. Larimer, Judge).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,
AND DECREED that the judgment of the district court dated January 6, 2015, is
AFFIRMED. Pro se appellant Anthony Falso, who sued the Dansville Police Department and
certain of its officers for al

After Adams 12 Five Star Schools terminated Gina Holub’s employment as an
internal auditor for the School District, she brought this action against the School
District and two of its officials, Superintendent Chris Gdowski and Chief Financial
2
Officer Shelley Becker. Holub raised First Amendment and state law claims, alleging
the defendants terminated her employment in retalia

Because this case was decided on summary judgment, we will generally state the facts in the light most favorable to King. King was hired as an automobile painter in the body shop owned by Cowboy Dodge in Cheyenne on February 16, 2009. He attested by affidavit1 that he injured his back on December 3, 2010. He later told his physician that he felt a “pop” in his low back, followed by pain radiat

The City of Bonham owned an airport hangar at its Jones Field Municipal Airport which it leased to Sidney B. Hale, Jr.1 After an ice storm caused the hangar’s roof to collapse, Hale sent a demand letter to the City seeking to recover some $400,000.00 in damages to property stored in the hangar and damaged by the collapse. After having received the letter, the City filed a suit for declaratory judg

Appellants City of San Antonio and San Antonio River Authority were sued by Appellee Osvaldo Peralta for damages from injuries he suffered from a bicycle accident on the San Antonio River Walk. Peralta alleged Appellants’ immunity is waived under the premises defect and special defect liability provisions in the Texas Tort Claims Act. In their separate pleas to the jurisdiction, Appellants argued

Schlumberger Technology Corporation (“STC”) sued Ricky Parker and James Myers, respectively, the owner and the lead employee of a company STC had purchased, seeking to enforce their covenants not to compete and to recover damages based on related alleged torts. Relying on an arbitration provision
2
contained in STC’s asset purchase agreement for the company, Parker and Myers moved to compe

Indiana courts may exercise personal jurisdiction over non-residents to the fullest extent of “minimum contacts” precedent under the Fourteenth Amendment. Still, we scrutinize those contacts closely so out-of-state defendants will not be unfairly called into our state to defend themselves. Here, a Kentucky attorney’s contacts and connections with Indiana were far too minimal to permit personal jur

Plaintiff-appellant Tony Serna, proceeding pro se and in forma pauperis,
appeals the district court’s dismissal of his complaint for failure to state a claim. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
In his complaint, Mr. Serna asserted a single claim of negligence against the
Bureau of Land Management (BLM) and three of its employees. He alleged that

In March 2006, Calvin’s home was destroyed by a fire. His insurance carrier paid the claim, and he rebuilt on the same land. As construction of the new home neared completion, Gerry Calvin spoke with an agent of State Farm Insurance to discuss homeowner’s insurance coverage. That agent told Calvin that State Farm would not insure him because of the prior fire loss and advised him to seek insura

In  addition  to  reconstruction  costs,  WTCP  and  7WTCo.  also  seek 2  
consequential damages. The district court heard testimony about the proper way to allocate the 8  
insurance recoveries between the different types of insurance claims Plaintiffs 9  
submitted, and heard the opinions of two economists — Professor Steven Shavell 10  
for  the  Plaintiffs  and  Professor  D

This case arises out of two separate incidents involving WalMart employees and shoplifters.2 Each of the Employees was tasked with, among other things, investigating, documenting, and preventing the theft of merchandise by customers and employees from Wal-Mart stores. The Employees were fired for violating WalMart‘s Policy AP-09, which provides, If the Suspect is believed to possess a weapon, the

Reduced to essentials, in this latest appellate
foray, the plaintiff, James Ellis, contends that, in considering
whether to approve a lump sum agreement under § 48 of G. L.
c. 152, the Workers' Compensation Act (act), for injuries to a
worker, an administrative judge of the Department of Industrial
Accidents (department) or a law judge on the department's
reviewing b

Melendrez worked for Ameron and its predecessors from approximately 1961 to 1985, performing various tasks in the manufacture of Ameron’s Bondstrand pipe. The pipe, which was designed to transport extremely corrosive materials, contained asbestos, and Melendrez was exposed to asbestos from the manufacturing process in the course of his employment with Ameron.
The plant where Melendrez work

Workers each suffered work-related injuries working as farm and ranch
14 laborers. Worker Aguirre was injured picking chile for M.A. & Sons Chili Products.
15 Worker Rodriguez was injured working for Brand West Dairy as a dairy worker and
16 a herdsman. Workers each sought workers’ compensation benefits. Both claims were
17 dismissed pursuant to the exclusion. Workers filed separa

In 2004, appellants Land Baron Investments, Inc., Michael
Chernine, and Robert Black, Jr. (collectively, Land Baron), contracted to
purchase land for $17,190,000 from respondents Bonnie Springs Family
Limited Partnership, Bonnie Springs Management Company, Alan
Levinson, Bonnie Levinson, and April Boone (collectively, Bonnie Springs)
for the express purpose of building a s

This case involves the jeopardy element of the tort for
wrongful discharge against public policy and whether the administrative remedies
available under the Surface Transportation Assistance Act of 1982 (STAA), 1 49
U.S.C. § 31105, preclude Charles Rose from recovery under a common law tort
claim. This is one of three concomitant cases2 before us concerning the "adequacy
o

Ericka Rickman served as director of Ucentris Insured Solutions from August
2004 until her termination in November 2009. Ucentris, a subsidiary ofPremera, is a
general insurance agency that sells a variety of health care insurance plans and risk
management products to individuals and businesses. Two distinct events transpired
relevant to Rickman's termination.
HIPAA Concer

Becker began working for Rockwood Clinic PS, an acquired subsidiary of
CHS, 1 as its chief financial officer (CFO) in February 2011. As a publicly traded
company, CJ-IS is required to file reports with the United States Securities and
Exchange Commission (SEC). These reports are available publicly for the purpose
of accurately advising the SEC, and CHS' creditors and investors,

This case involves an insurance dispute between Plaintiff Weiser-Brown Operating Company (“Weiser-Brown”) and Defendant St. Paul Surplus Lines Insurance Company (“St. Paul”). On September 7, 2012, after a four-day trial, a jury found that St. Paul breached its insurance contract with Weiser-Brown by failing to pay Weiser-Brown’s insurance claim for costs associated with the “loss of control” of an

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he

Stephanie Lenz filed suit under 17 U.S.C. § 512(f)—part
of the Digital Millennium Copyright Act (“DMCA”)—
against Universal Music Corp., Universal Music Publishing,
Inc., and Universal Music Publishing Group (collectively
“Universal”). She alleges Universal misrepresented in a
takedown notification that her 29-second home video (the
“video”) constituted an infringing use of

Phillips 66 (Phillips) owns a petroleum products pipeline which runs through
the town of West Alton, Missouri. After a leak in the line was discovered in 1963,
its source was repaired, but the contamination at the leak site was not remediated. In
2002 contaminants from the leak were discovered in a family residence in West
Alton. Phillips purchased and demolished this property as w

Plaintiff Dov Charney, a California resident, is the founder and former Chairman
and Chief Executive Officer (CEO) of American Apparel, Inc. He is the beneficial owner
of approximately 42.3% of the Company. Charney and the Company are parties to an
Indemnification Agreement dated as of March 6, 2008 (the “Indemnification
Agreement”), and an Employment Agreement effective as o