¶1 Appellants Neil and Seth Milner appeal from the District Court for the Nineteenth Judicial District’s grant of a mandatory injunction, abatement, and $10,000 damages to Appellee Gary Olsen (Olsen) for his claims of private nuisance and trespass.

¶2 We restate the issues as follows:

¶3 Issue one: Did the District Court err in determining that Olsen’s claims were not barred b... More...   $0 (04-23-2012 - MT)

The instant appeal involves a challenge to a wage-withholding order stemming from child-support arrearages. Appellant Thomas Schultz appeals the order of the Franklin County Circuit Court dismissing his complaint against Appellee Butterball, LLC, his employer, wherein Appellant sought to restrain Appellee from any further wage withholdings, as well as damages to compensate him for the wages alread... More...   $0 (04-19-2012 - AR)

S-W Transportation, Inc. d/b/a Park Avenue Limousine and Samson Woube sued Haregewoin G. Areda for conversion, fraud, and breach of fiduciary duty. Following a one-day bench trial, the trial court found in appellees' favor on all claims and awarded actual damages to both appellees and punitive damages to Woube. We reverse the trial court's judgment and render judgment that appellees take nothing.<... More...   $0 (04-19-2012 - TX)

In this wrongful discharge action, Plaintiff Joseph Casias, a former Wal-Mart employee, appeals the district court’s order denying his motion to remand and the dismissal for failure to state a claim following his termination for failing a drug test in violation of Defendants’ drug testing policy. Because we find no reasonable basis to conclude that the non-diverse Defendant Troy Estill (“Estill”)... More...   $0 (04-18-2012 - MI)

This appeal embraces two of the many private lawsuits brought against healthcare providers throughout the country by a single law firm. These two suits, like others of the same pattern, allege that various hospital employees who work for the particular hospital or hospital group have been deprived of compensation for work performed during their meal break, for work performed before and after shift... More...   $0 (04-18-2012 - MA)

Appellant Dan Billingsley appeals the order of the Saline County Circuit Court after a bench trial that awarded appellee Planit Dirt Excavation and Concrete, Inc.,1 damages, costs, and attorney’s fees for breach of contract. This appeal returns following our dismissal due to lack of a final order from which to appeal. Billingsley v. Planit Dirt Excavation & Concrete, Inc., and Desjoyaux Pools of... More...   $0 (04-18-2012 - AR)

In this consolidated appeal, Sleepy Hollow Ranch, LLC, the Estate of Buenos (“Jimâ€�) C. Blunk (“the Estateâ€�), and the “[Jim] & Mary M. Blunk Living Trust, dtd 8-18-03â€� (“the Trustâ€�) (collectively “Appellantsâ€�) appeal from the trial court’s “AMENDED JUDGMENT.â€�1 They bring five points of trial court error based on the trial court’s determination of issues in favor of Prisc... More...   $0 (04-17-2012 - MO)

Under the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1–16), ―arbitration is a matter of contract.‖ (Steelworkers v. Warrior & Gulf Co. (1960) 363 U.S. 574, 582 [80 S.Ct. 1347]; accord, 9 U.S.C. § 2.) An arbitration contract typically consists of the parties‘ mutual promises to arbitrate their claims against each other.

In this employment case, an employer and its at-will employee... More...   $0 (04-17-2012 - CA)

This case addresses the effect of a pooled special-needs trust created by an over-65-year-old beneficiary on his Medicaid benefits. The Center for Special Needs Trust Administration, a section 501(c)(3) non-profit, appeals a summary judgment in favor of the North Dakota Department of Human Services. Invoking 42 U.S.C. § 1983 and the Constitution’s Supremacy Clause, Article VI, clause 2, the Cen... More...   $0 (04-16-2012 - ND)

[¶1] Chip Dave (the appellant) purchased a car on eBay. Before he took possession of the vehicle, the seller sold it to another buyer, Bill Valdez (the appellee). The appellant filed a complaint against the appellee citing a number of causes of action, including replevin. Following the appellee’s failure to respond to the appellant’s second amended complaint, a default judgment was entered an... More...   $0 (04-13-2012 - WY)

The plaintiff, Robert Pelkey, appeals the decision of the Superior Court (Garfunkel, J.) granting the motion for partial summary judgment of the defendant, Dan’s City Used Cars, Inc. d/b/a Dan’s City Auto Body. We reverse and remand.

I. Background

The following facts are drawn from the record. In March 2009, the plaintiff brought suit against both his landlord, Colonial Village, ... More...   $0 (04-10-2012 - NH)

¶ 1 This appeal involves a challenge to the constitutionality of the Blair Holt Assault Weapons Ban (Cook County Ordinance No. 06-O- 50 (approved Nov. 14, 2006)) (Ordinance). Plaintiffs, Matthew D. Wilson, Troy Edhlund, and Joseph Messineo, sought a declaration, inter alia, that the Ordinance violates the due process and equal protection clauses of the United States Constitution and violates the ... More...   $0 (04-05-2012 - IL)

The district court granted summary judgment dismissing Willie E. Love’s lawsuit against Tyson Foods, Inc. It held that Love was judicially estopped from bringing his claims against Tyson because he had failed to disclose them in his Chapter 13 bankruptcy proceeding. We AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

Tyson Foods, Inc. (“Tysonâ€�) hired Willie E. Love (“Loveâ€�) as... More...   $0 (04-05-2012 - LA)

Karl Stephen Brehmer, o In this appeal we hold that when a plaintiff seeks actual and punitive damages arising out of the same injury, the two types of damages are part of the same claim for purposes of determining whether a nonsettling defendant is entitled to a setoff to account for funds paid to the plaintiff by a settling defendant. We reverse the circuit court's order to the contrary.
<... More...   $0 (03-28-2012 - SC)

In this appeal we hold that when a plaintiff seeks actual and punitive damages arising out of the same injury, the two types of damages are part of the same claim for purposes of determining whether a nonsettling defendant is entitled to a setoff to account for funds paid to the plaintiff by a settling defendant. We reverse the circuit court's order to the contrary.

I. Facts and Proced... More...   $0 (03-28-2012 - SC)

This case began when Discover Bank (“Discoverâ€�) filed an action against Joy A. Morgan (“Morganâ€�) on March 23, 2006. In its complaint, Discover alleged that Morgan owed $16,341.52 in principal on a credit card issued by Discover, and that Morgan breached the cardmember agreement by failing to meet its payment terms. Accordingly, Discover sought a judgment for the principal and interest due,... More...   $0 (03-27-2012 - TN)

1. “A circuit court’s entry of summary judgment is reviewed de novo.� Syllabus Point 1, Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994).

2. “A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.â€� Syllabus Point 3, Aetna... More...   $0 (03-26-2012 - WV)

At issue in this appeal is a question of corporate successor liability under the de facto merger doctrine or exception. The trial court concluded that XLNT Software Solutions, Inc. (“XLNTâ€�) was liable for a judgment owed by XLN, Inc. (“XLNâ€�), pursuant to this exception. XLNT and XLN lacked common shareholders and higher management; however, the corporations each employed the same two key e... More...   $0 (03-26-2012 - PA)

Maxine Given filed a putative class action against Manufacturers and Traders Trust Company (M&T Bank), alleging that M&T Bank improperly charged its checking account customers overdraft fees. The district court denied M&T Bank’s renewed motion to compel arbitration, finding that Given’s claims are not within the scope of the parties’ arbitration agreement. The bank appeals that denial, conte... More...   $0 (03-21-2012 - FL)

Julie Lewis (Defendant) appeals the trial court’s grant of summary judgment to Moore Automotive Group, LLC (Plaintiff) in the amount of $2,401,432.35 on its claims for conversion and breach of fiduciary duty. Defendant contends the trial court improperly relied on the collateral source doctrine to preclude Defendant from introducing evidence of payments that Plaintiff received from other sources... More...   $0 (03-20-2012 - MO)

David H. Spears, individually and Spears Furniture of Lubbock, Inc. (collectively referred to as Spears), appeals from a judgment in favor of his former employee Gena Gail Huber (Huber). Huber recovered damages from Spears under the theories of quantum meruit and conversion. They related to her discharge from Spears and its disposition of her property. Through five issues, Spears contends that 1) ... More...   $0 (03-20-2012 - TX)

Plaintiffs, a group of investors defrauded by the “Millennium Ponzi scheme,â€� seek recourse against JPMorgan Chase Bank N.A. (“JPMorganâ€�). They allege that Washington Mutual, Inc. (“WaMuâ€�) aided and abetted the Ponzi scheme by providing banking services to several companies controlled by the scheme’s principals despite actual knowledge of the fraud. JPMorgan, they argue, is liable as ... More...   $0 (03-20-2012 - OK)

Julie Smith sued Lafayette Bank & Trust Company (“Bankâ€�), alleging age discrimination and retaliation in violation of the Age Discrimination in Employment Act of 1967 (“ADEAâ€�), 29 U.S.C. §§ 621 et seq. The Bank thereafter filed a counterclaim against Smith, alleging breach of the Indiana Trade Secrets Act, Indiana Code §§ 24-2-3-1 et seq., civil and criminal conversion regarding the Ba... More...   $0 (03-13-2012 - IN)

Jose Antonio "Tony" Cua-Toc, age 27, sued Erick Cervantes on a conversion theory claiming that Cervantes cashed a $750,000 lottery ticket for him and kept the money. Cua-Toc, a native of Guatemala, entered the country illegally in 2000 and worked for Cervantes. When the won the lottery, he asked Cervantes to cash the ticket for him, which he did, but he kept the money rather than give it to him.... More...   $750000 (03-09-2012 - GA)

Appellees Danny and Marcy McMillan sued appellant Larry Keith Lake–– individually and doing business as VIP Finance Auto––for breach of contract, unlawful repossession and conversion, violation of the Fair Debt Collection Practices Act, violation of the Truth in Lending Act, violation of the Certificate of Title Act, and fraud. In their petition, they alleged that Danny had contracted wit... More...   $0 (03-08-2012 - TX)