¶1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.

Mr. Smith a... More...   $0 (11-16-2009 - OK)

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More...   $0 (11-13-2009 - MD)

¶1 The issue presented on certiorari review is whether a governmental tort claim for "wrongful conviction" under 51 O.S. Supp. 2003 §§ 154(B) and 156(H) can be pursued without a prior determination of "actual innocence" as provided in § 154(B). For the reasons that follow, we hold that certain claims for wrongful conviction can be pursued without a prior determination of "actual innocence."More...   $0 (11-10-2009 - OK)

¶1 The dispositive issue presented is whether Monsi Kassa Tafari L'ggrke (appellant) should be granted leave to file his petition for certiorari out of time because he did not receive actual notice of the opinion of the Court of Civil Appeals (COCA) until after the mandate had been issued. Because actual notice of an appealable event triggers the time to file, the mandate is recalled and the appe... More...   $0 (11-03-2009 - OK)

This is an insurance case raising some questions of Georgia law.

Without issuing a written reservation of rights, an insurer assumed the defense of a lawsuit for almost eleven months but stopped defending near the end of the discovery period because it decided that there was no coverage. At that point the policy holder hired its own attorneys to defend the lawsuit. About one month after the... More...   $0 (10-30-2009 - GA)

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century�) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s�) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...   $0 (10-23-2009 - )

In this case, we must decide if the district court properly dismissed plaintiff’s cause of action. We also review by certiorari the district court’s award of sanctions against the plaintiff’s attorney. The court of appeals affirmed the dismissal and the award of sanctions. Because we agree with the court of appeals’ and district court’s decisions regarding the dismissal, we affirm that p... More...   $0 (10-16-2009 - IA)

After the Floyd County Plan Commission (the “Commissionâ€�) approved the primary plat of Lafayette Ridge Subdivision as sought to be developed by Robert Lynn Company, Inc. (“Lynnâ€�), Greenville Concerned Citizens, Inc., Joanna Danzl, Dan Danzl, Betty Cairns, and Tom Cairns1 (collectively, “GCCâ€�) petitioned the trial court to review and set aside the Commission’s decision. GCC appeals th... More...   $0 (10-14-2009 - IN)

¶1 The language of 60 O.S. Supp. 2003 §8371 provides that: the "sole and exclusive civil remedy at common law or otherwise" under the Residential Property Condition Disclosure Act (Disclosure Act), 60 O.S. 2001 §831, et seq. "shall be an action for actual damages;" awards "shall not2 include the remedy of exemplary damages"; and the Disclosure Act "applies to, regulates and determines rights, d... More...   $0 (10-13-2009 - OK)

¶1 Certiorari was granted to settle the first-impression question whether a creditor who does not impose liability on a mortgage debtor for the deficiency that remains after a foreclosure sale may maintain a suit against the debtor and other parties for fraud in the inducement of the loan that is secured by mortgage. In short, we are asked to decide whether the mortgage debt's satisfaction under ... More...   $0 (10-13-2009 - OK)

¶1 Krista O'Neal filed a claim in the Workers' Compensation Court against D&H Utilities Construction Company for compensation benefits as a result of the death of Jesus Chavez Olvera, (Decedent). She alleged therein she was the surviving common-law wife of Olvera.

¶2 During the course of the workers' compensation proceeding, Plaintiff herein, Jose Gonzalez, was appointed personal represen... More...   $0 (10-01-2009 - OK)

¶1 The issues presented on certiorari review are whether the trial court erred (1) in certifying a class of working interest owners, and (2) in approving the proposed settlement agreement over the objections of two working interest owners. The objectors challenged the class certification, alleging that the class was not a cohesive group because the objectors did not sign a marketing election lett... More...   $0 (09-30-2009 - Ok)

¶1 The issue presented is whether the Court of Civil Appeals (COCA) erred when it affirmed the trial court's summary adjudication that denied the Oklahoma Firefighters Pension and Retirement System's request that the City of Spencer be ordered to terminate the employment of its recently-hired fire chief who was simultaneously declared to be ineligible for membership in the pension system. We answ... More...   $0 (09-29-2009 - OK)

This case stems from an auto accident in which Petitioner Frances Irene Todd was injured. A jury awarded Todd $37,191.11. Petitioner appealed and the Court of Appeals affirmed. Todd v. Joyner, 376 S.C. 114, 654 S.E.2d 862 (Ct. App. 2007). We granted certiorari and, finding no error, now affirm the Court of Appeals.

FACTS

A car driven by Joyner collided with a car in which Tod... More...   $0 (09-25-2009 - SC)

¶1 Two issues are presented on certiorari. The first of these is whether the replacement of a sewer pipeline constitutes an "improvement to real property" within the meaning of the statute of repose in 12 O.S. 2001 § 109.1 We answer that question in the affirmative. The second issue is whether the invoked statute of limitations in 12 O.S. 2001 § 952 may be enlarged by the discovery rule.3 To th... More...   $0 (09-22-2009 - OK)

¶1 Traci R. Rowe (Mother) and Michael B. Rowe (Father) were divorced in 1998. They had one minor child, born December 18, 1996. In 2002 a shared parenting plan was entered into, with both parents having decision-making authority. On October 29, 2003, Donelle H. Ratheal was appointed as the guardian ad litem for the minor child. The order of appointment vested the guardian ad litem with the powers... More...   $0 (09-22-2009 - OK)

¶1 Two issues are presented on certiorari review. The first issue is whether the date of injury for cumulative trauma claims is the date of the claimant's awareness of the injury or the date of the last exposure to the cumulative trauma. The second issue is whether an amended definition of cumulative trauma that became effective July 1, 2005 can be applied retroactively.

¶2 These issues a... More...   $0 (09-22-2009 - OK)

¶1 The issues presented are whether: 1) the trial court continued the defendant's arraignment in contravention of 59 O.S. Supp. 2008 §1332(A); and 2) the trial court's failure to set the hearing for a day certain materially increased the bondsman's risk. We hold that 59 O.S. Supp. 2008 §1332(A) did not prevent the trial court from continuing the arraignment, but, because the appearance date was... More...   $0 (09-22-2009 - OK)

Appellant Kimme Putman sued respondents for negligently failing

to diagnose her ovarian cancer. The trial judge dismissed her lawsuit because she

failed to file a certificate of merit from a medical expert, as required for medical

malpractice lawsuits under RCW 7.70.150. Putman challenges the constitutionality of

the certificate of merit requirement on a number o... More...   $0 (09-17-2009 - WA)

Dr. Thomas Abbey petitions this court for a writ of certiorari to review an order by the trial court denying his motion for summary judgment. He contends that the motion should have been granted because the statute of limitations expired before the plaintiff filed suit against him for medical negligence. We conclude that the alleged error in computing the time for filing a lawsuit did not deprive ... More...   $0 (09-14-2009 - FL)

Robert C. Nucci, M.D., P.A., and Robert C. Nucci, M.D. (collectively "Dr. Nucci"), defendants below, petition for certiorari review of the trial court's order denying their motion to disqualify Evelyn Simmons' counsel and the motion to compel her counsel's deposition. We deny the petition as it relates to the denial of the motion to disqualify. However, because the trial court was required to sepa... More...   $0 (09-11-2009 - FL)

Following an internal investigation into allegations of employee misconduct, the defendant, Chicago Transit Authority (CTA), terminated the plaintiffs, Michael Arroyo and Carl Horbach.

Subsequently, a joint hearing was held for both plaintiffs under section 28 of the Metropolitan Transit Authority Act (Act) (70 ILCS 3605/28 (West 2006)), after which the CTA Transit Board (the Board) uphel... More...   $0 (09-11-2009 - IL)

Appellant, Michael Dean, appeals a final judgment of the trial court granting Appellee, Rutherford Mulhall, P.A.’s Motion for Entry of Final Judgment and ordering Dean to pay the law firm $32,000. This court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A) (2008).

In December 2007, Rutherford Mulhall filed a complaint alleging that Dean failed to pay for legal services provided to him in ... More...   $0 (08-26-2009 - F:)

In 2003, Janet Dees, Dana Campbell, and June Clark formed a limited liability company named The Kidney Group, LLC, which establishes and manages dialysis clinics. Within about two years, dissension arose in the ranks. Dees filed a five-count complaint against the company, Campbell, and Clark, collectively referred to here as TKG. In the course of the litigation, the defendants obtained an order pr... More...   $0 (08-26-2009 - FL)

¶1 We review for a second time the Utah Department of Transportation’s (UDOT) taking of property owned by the Appellants, James Ivers, Katherine G. Havas, and P&F Food Services (collectively, Arby’s). In Ivers v. Utah Department of Transportation, 2007 UT 19, 154 P.3d 802, we addressed whether damages were awardable for Arby’s loss of view where the viewimpairing structure was not built on ... More...   $0 (08-21-2009 - UT)