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Berry & Murphy, P.C. v. Carolina Casualty Insurance Company
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Plaintiffs-Appellants Berry & Murphy, P.C. and Timothy H. Berry, P.C. (“plaintiffs”) appeal the district court’s grant of summary judgment to Defendant- Appellee Carolina Casualty Insurance Company (“Carolina Casualty”) on plaintiffs’ claim for insurance coverage for a malpractice lawsuit. Plaintiffs filed their action in state court and Carolina Casualty removed the case to federal co... More... $0 (11-20-2009 - CO)
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Lynne Bloch v. Edward Frischholz
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In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word “after” because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’... More... $0 (11-13-2009 - IL)
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Ashlee Ruhl v. Lee's Summit Honda
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Lee‟s Summit Honda (Honda) appeals the judgment denying its motion to compel Ms. Ashlee Ruhl to arbitrate her individual claims against it. Ms. Ruhl filed a class action against Honda, seeking damages for its unauthorized practice of law, section 484.020,1 and its deceptive practices connected with the sale of merchandise under the Missouri Merchandising Practices Act (MPA), sections 407.010-407... More... $0 (11-03-2009 - MO)
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Felix Lara v. Unified School District #501
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Felix Lara appeals the district court’s rulings in favor of his former employer, Unified School District #501 (“USD”). The district court dismissed his state workers’ compensation claim and one of his claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. It then granted summary judgment in favor of USD on Lara’s claims under the ADA, Family and Medical ... More... $0 (10-22-2009 - KS)
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Iftikhar Nazir v. United Airlines, Inc., et al.
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Our Supreme Court has said that the purpose of the 1992 and 1993 amendments to the California summary judgment statute was “to liberalize the granting of motions for summary judgment.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) It is no longer called a “disfavored remedy.” It has been described as having a salutary effect, ridding the system, on an expeditious and effi... More... $0 (10-09-2009 - CA)
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Kootenai Electric Cooperative, Inc. v. The Lamar Corporation
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Kootenai Electric Cooperative, Inc. (KEC) appeals from the district court’s summary judgment dismissal of its claim for repayment from The Lamar Corporation and The Lamar Company, L.L.C. (Lamar) of the amount that KEC paid pursuant to a judgment in a personal injury case. The judgment was rendered against KEC for injuries that James E. Kuntz suffered when he came into contact with one of KEC’s... More... $0 (10-02-2009 - ID)
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Theresa Shipley, et al. v. Johnson & Johnson, et al.
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Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More... $0 (10-02-2009 - MA)
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Storey Construction, Inc. v. Tom Hanks and Rita Wilson, husband and wife; and Lily Reeves
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This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all ... More... $0 (09-30-2009 - ID)
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Thomas M. Gaffney v. John E. Potter, Postmaster General, U.S. Postal Service
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Thomas Gaffney appeals the district court’s grant of summary judgment in favor of the United States Postal Service (USPS) on Gaffney’s claims of age and race discrimination. We affirm.
I.
USPS hired Gaffney as a mail carrier on a probationary basis on October 16, 2004. Gaffney is white, and was then 58 years old. USPS’s agreement with the National Association of Letter Carr... More... $0 (09-30-2009 - OH)
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Theresa Shepley v. Johnson & Johnson
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Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More... $0 (09-29-2009 - MA)
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Kris Indergard v. Georgia-Pacific Corporation
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Kris Indergard (“Indergard”) appeals a summary judgment in favor of Georgia-Pacific Corporation (“GP”) in her action for damages under the Americans with Disabilities Act (“ADA”) and Oregon disability law. GP argues that there was no error in the district court, and that Indergard failed to exhaust administrative remedies under the ADA. We have jurisdiction pursuant to 28 U.S.C. § 129... More... $0 (09-29-2009 - OR)
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Wendy Dixon v. Perry & Slesnick, P.C. & others.
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The question presented in this appeal is whether a claim under the Massachusetts Wage Act, G.L. c. 149, §§ 148 et seq. (Wage Act), is subject to a mandatory arbitration provision in the parties' individually negotiated employment agreement. We conclude that it is and reverse the order denying the defendants' motion to dismiss and to compel arbitration.
Background. Plaintiff Wendy Dixon, a... More... $0 (09-28-2009 - MA)
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Wendy Dixon v. Perry & Slesnick, P.C. & others
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The question presented in this appeal is whether a claim under the Massachusetts Wage Act, G.L. c. 149, §§ 148 et seq. (Wage Act), is subject to a mandatory arbitration provision in the parties' individually negotiated employment agreement. We conclude that it is and reverse the order denying the defendants' motion to dismiss and to compel arbitration.
Background. Plaintiff Wendy Dixon, a... More... $0 (09-28-2009 - MA)
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Mactec, Inc. v. Bechtel Jacobs Company, LLC
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Defendant-Appellant Bechtel Jacobs Company, LLC (“BJC”) appeals from the district court’s judgment following an eight-day bench trial. The district court awarded Plaintiff-Appellee MACTEC, Inc. (“MACTEC”) $9,844,319.82, plus attorney fees and interest, on several of its claims and denied all of BJC’s counterclaims. BJC asserts that the district court erred by: (1) finding unreliable th... More... $0 (09-25-2009 - TN)
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Kimberly Payne v. US Airways, Inc., Michael Cline, Tony Stanley and Deb Ansaldi
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Plaintiff appeals from a superior court order granting summary judgment to defendant Michael Cline on plaintiff’s claims that he is not personally liable to her for acts of discrimination and retaliation under the Vermont Fair Employment Practices Act (VFEPA) and the Workers’ Compensation Act (WCA). The central issues on appeal are whether the acts provide a right of action against a coemploy... More... $0 (09-25-2009 - VT)
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Southwest Stainless, L.P. and HD Supply, Inc. v. John R. Sappington, et al.
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This diversity case requires us to address the contours of covenants not to compete under Oklahoma law. When John R. Sappington and William B. Emmer defected from one Tulsa-area metals business, Southwest Stainless, to another, Rolled Alloys, they took with them years of expertise in the metals industry and personal relationships with many area customers. Some years before, Southwest Stainless had... More... $0 (09-25-2009 - OK)
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Joshua Morgan, et al. v. AT&T Wireless Services, Inc.
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This appeal involves a consumer class action alleged against defendant AT&T Wireless Services, Inc. (AT&T),1 based upon AT&T‟s marketing and sale of premium cell phones that operated on a wireless network that AT&T allegedly modified in a manner that rendered those premium cell phones essentially useless. What started as a 13-page original complaint alleging causes of action under the Unfair Com... More... $0 (09-23-2009 - CA)
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Art Attacks, Ink, LLC v. MGA Entertainment, Inc.; Isaac Larian
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Art Attacks Ink, LLC (“Art Attacks”) brought suit against MGA Entertainment Inc. (“MGA”), alleging copyright, trademark, and trade dress infringement. A jury found for MGA on the trademark claim, but could not reach a verdict on the remaining claims. MGA then moved for judgment as a matter of law under Federal Rule of Civil Procedure 50(b). The district court granted the motion and Art Att... More... $0 (09-18-2009 - CA)
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Kathy Baker v. Silver Oak Senior Living Management
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Kathy Baker was terminated from her position as director of an assisted living center operated by Silver Oak Senior Living Management Company, L.C., and Equi- Management Services, Ltd. (collectively, “Silver Oak”). She alleges that she was terminated because of her age and because she opposed age discrimination, in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. Â... More... $0 (09-14-2009 - MO)
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Kimberly Brown v. J. Kaz, Inc. t/d/b/a Craftmatic and Craftmatic of Pittsburgh
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Appellant Kimberly Brown appeals the District Court’s grant of summary judgment in favor of appellee J. Kaz, Inc., d/b/a Craftmatic of Pittsburgh (“Craftmatic”), on her employment discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., the Civil Rights Act of 1866, 42 U.S.C. § 1981, and the Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Co... More... $0 (09-11-2009 - PA)
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Raymond L. Geiger v. Tower Automotive
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Raymond Geiger appeals the grant of summary judgment to Tower Automotive (“Tower”) on his employment discrimination claims pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(a) and Michigan’s Elliott-Larsen Civil Rights Act (“ELCRA”), Mich. Comp. Laws §§ 37.2202 et seq. The United States District Court for the Eastern District of Michigan found that Gei... More... $0 (09-09-2009 - MI)
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Lisa K. Massad v. Sarah J. Greaves
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If a lawsuit has been improperly removed from a state court to a federal court, federal law requires the federal court to order a remand and authorizes the federal court to make an award of costs and attorney’s fees. See 28 U.S.C. § 1447 (c).1 In the present case, the federal court made an award of attorney’s fees and costs but directed that the supporting documentation justifying the amount ... More... $0 (08-25-2009 - CT)
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Sky Technologies, LLC v. SAP AG and SAP America, Inc.
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Appellants SAP AG and SAP America, Inc. (“SAP”) filed an interlocutory appeal from the judgment of the United States District Court for the Eastern District of Texas finding that Sky Technologies LLC has standing to bring a patent infringement suit in the district court. Because the district court correctly relied on the holding in Akazawa v. Link New Technology International, Inc., 520 F.3d 1... More... $0 (08-20-2009 - TX)
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J. B. Harris v. United Automobile Insurance Group, Inc.
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This case presents an issue of the interpretation of 26 C.F.R. § 54.4980B-8, A-5, a federal regulation relating to the Employee Retirement and Income Security Act (“ERISA”) and the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), 29 U.S.C. § 1161. Because we determine that 26 C.F.R. § 54.4980B-8, A-5 does not apply to the employer-provided insurance plan in which Harris... More... $0 (08-18-2009 - FL)
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Stew-Mc Development, Inc., et al. v. Nancy M. Fischer and Thomas J. Fischer
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In this case, we must decide the timeliness of various crossappeals filed by the parties seeking to challenge a district court ruling that the plaintiffs possessed only a limited easement in connection with certain real estate located in Dubuque County and rejecting a counterclaim for abuse of process. For the reasons expressed below, we find the cross-appeals timely filed. On the merits of the ea... More... $0 (08-14-2009 - IA)
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