In November 2011, JaKara Vester filed a housing discrimination complaint
with the Delaware Division of Human Relations (the ―DDHS Action‖) alleging
discrimination based on race, disability, and familial status in connection with the
Henlopen Landing Homeowners Association’s (―HOA‖) refusal to approve certain
requested accommodations.2 Ms. Vester also al

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le

Joseph P. Boyle was injured by an exploding tire
in an automobile repair shop operated by C&N Corporation (C&N).
Joseph2 and his wife, Janice M. Boyle, filed a complaint against
C&N, asserting claims for bodily injury and loss of consortium.
C&N held an insurance policy issued by Zurich American Insurance
Company (Zurich). The policy required that C&N provide notice

Enid, OK - Aaron Lee Benshoof sued Garfield County Commission, Sheriff Department, Jerry Niles, Marcus and Dentention Center on a damage theory:

I Aaron Lee Benshoof, is an individual who resides at 23919 Paradise Ln, Jet, OkIa. 73749
2. Entities, Garfield County Commission, Sheriff Dept., Jerry Niles, Marcus, and Detention Center, reside in Garfield County in Enid Oklahoma. The defen

Brand is a small company founded in 2004 by David Brand.1 Until about 2008, Brand sold vent-free heaters— products that provide gas heat without having to vent outdoors—made by a company called ProCom. At that point, Brand began developing the Thermablaster, a vent-free heater that purportedly improved on ProCom’s design.
Through some industry contacts, Brand was introduced to a Chinese com

The following facts are drawn from Salmon’s complaint and are presumed 
to be true for purposes of this appeal.  See Diaz v. Paterson, 547 F.3d 88, 91 (2d 
Cir. 2008). 
On September 1, 2010, Salmon accompanied his attorney to the Albany 
City Court to examine a court file.  Because only lawyers were permitted into the 
clerk’s office where the file was kept, Salmon waited in a 

¶1 The issue in this appeal is whether the Drug Dealer Liability Act, 63 O.S. 2011 §2-421 et seq., is unconstitutional. The Act permits a plaintiff who is harmed by the use of an illegal drug to recover civil damages against a defendant who has participated in the illegal drug market. The Drug Dealer Liability Act is a new and non-traditional basis for civil liability because it allows damages wit

At all relevant times, Rent-A-Roofer held a commercial general liability insurance policy with Farm Bureau. In September 2007, the State of Nebraska filed a lawsuit in the district court for Lancaster County for damages arising from Rent-A-Roofer’s alleged failure to install a roof in a good and workmanlike manner. The date of the State’s loss was during the policy year of 2004 to 2005. Rent-A-Roo

Litherland was the daughter of Etta J. Ideus Jurgens (Etta), who died on January 2, 2013, as a resident of Beatrice, Gage County, Nebraska. Jurgens and Lenners were Etta’s stepchildren. Each is a beneficiary under Etta’s will dated November 4, 2004, which was offered for probate in the county court. Under the terms of the will, Litherland was to receive certain real estate if it was owned by Etta

An understanding of the factual background predating Barker’s complaint is necessary to put the matter in context, and we begin with that background.
Allison McBride (Allison), an elderly woman, suffered from dementia for many years. Allison had two daughters, Lucy McBride Olsen (Olsen) and Cameron Volker (Volker).
For several years, a dedicated team of paid caregivers—described by Olse

This appeal presents the recurring issue of statutory
interpretation that arises when express terms in one
provision of a statute are arguably in tension with language
in another provision of the same statute. The Supreme Court
recently encountered a similar issue when it interpreted a
provision in the Patient Protection and Affordable Care Act
in Burwell v. King, 135 S. Ct

Plaintiff Oliver Salmon sued the City of Albany, the Albany Police
Department, Police Officer Thomas Blesser, and two “John Doe” employees of
the Police Department under 42 U.S.C. § 1983 and New York State law for
alleged constitutional and tort injuries resulting from the use of physical force to
eject him from the Albany City Court. Salmon now appeals from a judgment
entered

Kahn filed the present action on February 3, 2011, and filed the operative second amended complaint on August 15, 2011. The second amended complaint alleged that from 1996 to 2011, Kahn was a resident of a mobile home park located in San Fernando, California. Sometime prior to 1996, defendants and their predecessors-in-interest had used the land on which the mobile home park sat as an industrial

In 1989, the Supreme Court held
that courts should apply de novo review in suits challenging
denials of employee benefits governed by the Employee Retirement
Income Security Act of 1974, better known as
ERISA. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115
(1989); see 29 U.S.C. § 1132(a)(1). But there was a catch. If the
benefit plan provided expressly for a differ

Jerry was an active man who enjoyed hunting, fishing, and building things. He made a living as a co-owner of a small construction business, using his years of experience in custom excavating and sewer work. In addition to spending his free time with his wife Kimberly and his grandkids, Jerry played in a men’s basketball league.
Jerry’s life changed dramatically on September 3, 2008. Whil

In this three-year high-stakes litigation—a case that “[t]he [medical] industry is watching,” Ameritox assured the jury—the parties tried various state statutory and common law unfair competition claims predicated upon the alleged violation of two federal statutes that provide no private right of action. The parties, however, did not realize that it was an open question whether or not any of the n

This is a firefighters’ overtime dispute.
Firefighters and emergency medical personnel of the
Menlo Park Fire Protection District claim that two of the
District’s policies violate the Fair Labor Standards Act. They
claim entitlement to overtime for taking their gear to
temporary duty stations. And they claim that the District’s
system for paying cash in lieu of unused leave

In this case, which was removed from state court, Kale Flagg (“Flagg”) appeals the dismissal of his complaint against Stryker Corporation (“Stryker”) and Memometal Incorporated (“Memometal”) (collectively, the “Manufacturing Defendants”), and five fictitious insurance companies.1 We conclude that the
1 Although the fictitious insurance companies remain parties in this case, there is no indicat

Plaintiff Natalie Munroe filed this First Amendment
retaliation action against Defendants Central Bucks School
District (“School District”), School District Superintendent N.
Robert Laws, and Central Bucks East High School (“CB
East”) Principal Abram Lucabaugh. The School District fired
Munroe, an English teacher at CB East, after her blog—in
which she made a number of dero

In the 1980s, the Environmental Protection Agency (“EPA”) exercised its authority under Section 111 of the Clean Air Act, 42 U.S.C. § 7411, to regulate oil refinery wastewater treatment systems.1 These systems, the EPA explained, emit dangerous levels of volatile organic compounds (“VOCs”), such as xylene, toluene, and benzene. Standards of Performance for New Stationary Sources; VOC Emissions F

In this case, which was removed from state court, Kale Flagg (“Flagg”) appeals the dismissal of his complaint against Stryker Corporation (“Stryker”) and Memometal Incorporated (“Memometal”) (collectively, the “Manufacturing Defendants”), and five fictitious insurance companies.1 We conclude that the 1 Although the fictitious insurance companies remain pa

Lincoln Benefit Life Company filed a federal complaint seeking a declaratory judgment voiding two $6.65 million life insurance policies. Lincoln Benefit alleges that these policies were procured by fraud and for the benefit of third-party investors who have no prior relationship to the individual whose life is the subject of the policies. According to the complaint, this sort of “stranger originat

In 2006, Munroe was hired by the School District and assigned to teach English at CB East in Doylestown, Pennsylvania. Her performance evaluations indicated that she was generally considered to be an effective and competent teacher. For example, an October 2006 review praised her abilities and work habits. In June 2008, Lucabaugh wrote a letter of recommendation in support of Munroe’s applicat

The following facts are derived from the trial court’s order. On February 4, 2011, Morgan was involved in an altercation with another student, A.M., on a school bus. During that altercation, A.M. punched Morgan in the face. The bus driver reported the incident to the defendant on February 7.
2
The school principal, Barry Albert, downloaded the bus driver’s report on February 8 and m

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam

Cite as: 2015 UT 81 Opinion of the Court

3

condensate from the refining process, which continuously f