¶1 Delta Equipment Industrial Systems, Inc. (“DEIâ€�) appeals the district court’s summary judgment dismissing DEI’s setoff counterclaim and ruling that DEI is in unlawful detainer of property owned by Benedict Bichler (“Bichlerâ€�). Specifically, DEI challenges the district court’s determination that (1) DEI lacked a valid basis for asserting a claim of setoff and (2) DEI’s claim of ... More...   $0 (09-29-2009 - UT)

Plaintiff John Doe appeals from the trial court order quashing service of summons and process on the Archdiocese of Cashel & Emly in Ireland. We hold that plaintiff has waived the issue by his failure to fairly and completely set forth, discuss, and analyze the relevant facts under the applicable substantial evidence standard of review. We alternatively hold that substantial evidence supported the... More...   $0 (08-31-2009 - CA)

Joyce O’Neal, as Administrator of the Estate of Elizabeth Reader, appeals from a Superior Court order granting State Farm’s motion for summary judgment. After drinking several beers and smoking crack cocaine, Reader embarked on a personal errand in a van owned by her employer and insured by State Farm. Around midnight on July 10, 2006, she pulled that van onto the shoulder of I-495. For reason... More...   $0 (07-23-2009 - DE)

T-Mobile USA, Inc. (“T-Mobileâ€�) appeals the district court’s certification of a class action brought against it on behalf of its former sales employees regarding the company’s policy for paying commissions on the sale of prepaid cellular telephone accounts. The class seeks damages to recover those commissions. After a thorough review, we find numerous flaws, both procedural and substantive... More...   $0 (04-09-2009 - FL)

We are asked to decide whether seven individual state court actions, each with fewer than one hundred plaintiffs, should be treated as one “mass actionâ€� eligible for removal to federal court under the Class Action Fairness Act of 2005 DBCP was commonly used in pesticides to control n 1 ematodes, microscopic worms that infest the roots of plants. Plaintiffs allege that although DBCP manufacture... More...   $0 (03-30-2009 - CA)

Brian and Jacqueline Hartis ("class representatives"), individually and on behalf of the putative class, appeal from the district court's denial of their motion to remand to state court, asserting that the district court erroneously concluded that the $5 million amount in controversy under the Class Action Fairness Act (CAFA) was satisfied. We vacate the district court's order and remand.

I... More...   $0 (03-13-2009 - MO)

Tommie Mitchener1, Mona Boyd2, Jody Cheshire and Steve Cheshire (collectively referred to as defendants) appeal a judgment rendered against them in an action brought by William F. Poe and Stella Poe (plaintiffs) and in a counterclaim defendants brought against plaintiffs. This court affirms.

Plaintiffs sought to quiet title to certain property in Ripley County, Missouri (Count I); a declara... More...   $0 (01-29-2009 - MO)

¶1 In this case, we must determine the construction and parking rights of two adjacent landowners Larkin-Gifford-Overton, LLC (“LGO�), and Michael D. Hughes, Trustee of the Vera R. Hughes Grandchildren’s Trust (“the Trust�), as established in the Declaration of New Easements and Covenants (the “Cross-Easement Agreement� or “Agreement�) executed between the parties.1 LGO

... More...   $0 (01-27-2009 - UT)

This case presents an issue of first impression — whether a party joined as a defendant to a counterclaim (the "additional counter-defendant") may remove the case to federal court solely because the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. 109-2, 119 Stat. 4 (codified in scattered sections of Title 28 of the United States C... More...   $0 (12-23-2008 - WV)

Edwin B. Stegman for Defendant and Appellant Debra W. Markowitz. Adleson, Hess & Kelly, Phillip M. Adleson, Berger Kahn, and G. Arthur Meneses for Defendant and Appellant Best Alliance Foreclosure and Lien Services. Kirby & McGuinn, Martin T. McGuinn, and Dean T. Kirby, Jr., for Amicus Curiae United Trustee’s Association on behalf of Defendant and Appellant Best Alliance Foreclosure and Lien Ser... More...   $0 (11-17-2008 - CA)

A commercial tenant, Eric Hoopes, sued his landlord and another tenant claiming exclusive parking rights under his lease. Defendants denied plaintiff’s interpretation of the lease, and also asserted that plaintiff was equitably estopped from suing because plaintiff stood silent for years when he knew defendants believed parking was shared between the tenants. Defendants moved to bifurcate the tr... More...   $0 (11-12-2008 - CA)

In this interlocutory appeal, Appellants Azle Manor and Azle Manor I, L.L.C. challenge the trial court=s order denying their motion to dismiss Appellee Harold Vaden=s medical malpractice claim for failure to file an adequate expert report under civil practice and remedies code section 74.351. We affirm in part and reverse and render in part.

... More...   $0 (11-10-2008 - TX)

13 Harold Bonime brought a putative class action in federal court in New York alleging
14 violations of the Telephone Consumer Protection Act, 47 U.S.C § 227(b)(1)(C) (“TCPA�).
15 Federal jurisdiction was grounded in diversity of citizenship. See 28 U.S.C. § 1332(d)(2). The
16 district court dismissed the complaint because New York law does not permit private actions for
17 v... More...   $0 (11-03-2008 - NY)

Harold Bonime brought a putative class action in federal court in New York alleging 14 violations of the Telephone Consumer Protection Act, 47 U.S.C § 227(b)(1)(C) (“TCPAâ€�). 15 Federal jurisdiction was grounded in diversity of citizenship. See 28 U.S.C. § 1332(d)(2). The 16 district court dismissed the complaint because New York law does not permit private actions for 17 violations of the TC... More...   $0 (11-03-2008 - NY)

This diversity case involves a commercial real estate lease and a proposal by the assignee of that lease to sublease the real estate to a third party. A significant issue in this case arises out of a consent clause in the assignment, which gives the assignor “sole discretionâ€� to withhold consent to the assignee’s proposed sublease. We certify this issue to the Alabama Supreme Court because i... More...   $0 (07-31-2008 - AL)

In this action involving alleged violations of laws governing rest and meal breaks, we are presented with the following question: Did the trial court err in certifying this matter as a class action without first determining the elements of plaintiffs and real parties in interest Adam Hohnbaum, Illya Haase, Romeo Osorio, Amanda June Rader and Santana Alvarado's (collectively plaintiffs) claims agai... More...   $0 (07-23-2008 - CA)

Section 22(a) of the Securities Act of 1933 creates concurrent jurisdiction in state and federal courts over claims arising under the Act. It also specifically provides that such claims brought in state court are not subject to removal to federal court. We hold today that the Class Action Fairness Act of 2005, which permits in general the removal to federal court of high-dollar class actions invol... More...   $0 (07-16-2008 - CA)

Jarek Molski appeals from an order awarding attorneys' fees in the amount of $33,702.63 to respondent Arciero Winery Group (Arciero). In this lawsuit over disability access to Arciero's winery, Arciero obtained judgment in its favor on all causes of action. Molski contends that Arciero should not have been awarded its attorneys fees as a prevailing party under Civil Code section 551 because Molski... More...   $0 (07-07-2008 - CA)

Advance America Servicing of Arkansas, Inc. (Advance America) and associated entities1 brought this action against Brenda McGinnis seeking to compel arbitration of their dispute over a series of loan agreements. McGinnis moved to dismiss for lack of subject matter jurisdiction. The district court2 granted the motion after determining that the amount in controversy was below the requisite minim... More...   $0 (05-23-2008 - AR)

Frank Chavez sued Netflix, Inc. (Netflix) over its practice of advertising that it would send customers " ‘unlimited' " DVD rentals with "1 Day Delivery" for a flat monthly fee. Alleging that both selling points were false, Chavez sought injunctive relief and damages on behalf of himself and a class of current and former Netflix subscribers. Before the class was certified, Netflix agreed to se... More...   $2040000 (04-24-2008 - CA)

The Attorney General of Louisiana filed a class action, naming the State and numerous Louisiana citizens as Plaintiffs. The class action alleged that the Defendant insurance companies failed to pay covered insurance claims following Hurricanes Katrina and Rita and as a result breached the insurance contracts to which the State is a partial assignee. It requested damages and declaratory and in... More...   $0 (04-11-2008 - LA)

John Lussier and Mary Hawks, putative class representatives in litigation against Dollar Tree Stores, Inc., appeal the district court's denial of their request for attorney's fees following their successful motion to remand the underlying action after it had been removed by Dollar Tree pursuant to the recently enacted Class Action Fairness Act of 2005 (CAFA). 28 U.S.C. § 1332(d)(2) (2005). W... More...   $0 (03-10-2008 - OR)

Brian A. Audler ("Audler") appeals from the district court's dismissal of his class action lawsuit predicated on the Defendants' allegedly erroneous determinations that property owned by Audler and the other class members was located outside of a Special Flood Hazard Area ("SFHA") when, in fact, the property was located in a SFHA. We first find that Audler lacks standing to bring claims again... More...   $0 (02-27-2008 - LA)

This case involves the interpretation of a private employment contract. Plaintiffs Robert and Janet Meyer appeal the district court's grant of summary judgment in favor of Robert's former employer, AmerisourceBergen Corporation, arguing that: (1) the district court erred in concluding that AmerisourceBergen's promise to pay Meyer incentive compensation was illusory and unenforceable; and (2) t... More...   $0 (02-13-2008 - OH)

Plaintiff Janelle Frederico, for herself and on behalf of a class of similarly situated persons, appeals a judgment of the United States District Court for the District of New Jersey that dismissed her complaint against The Home Depot, Inc. Alleging fraud and breach of contract, the complaint was dismissed without prejudice pursuant to Rules 9(b) and 12(b)(6), Federal Rules of Civil Procedure... More...   $0 (11-23-2007 - NJ)