A landlord is lucky when he rents a dwelling he owns to a tenant who turns out to be pretty good. When he rents to a tenant who turns out to be fairly bad, he’s unlucky. And then there’s a landlord like Roland Johnson who goes far beyond being merely unlucky. Johnson picked a doozy of a tenant—he rented to a fellow named Steven Avery. Mr. Avery, as most anyone who lives in Wisconsin knows, w... More...   $0 (03-10-2011 - WI)

We are asked once again to intervene in a decades-old landuse dispute between Aubrey Henry and the sundry local government bodies and neighboring residents who played a part in turning back his development plans. Henry chiefly alleges that the defendants took his property by granting him a less intensive conditional use permit than the one to which he claims he was entitled. Because he had no such... More...   $0 (03-04-2011 - )

Plaintiff Greg Shrader appeals from a series of orders culminating in a judgment dismissing this action in its entirety for lack of personal jurisdiction over any of the named defendants. We affirm for reasons explained below.

I. PLEADINGS AND DISTRICT COURT PROCEEDINGS

Mr. Shrader brought this tort action pro se, asserting claims for defamation, false-light invasion of privacy, inte... More...   $0 (02-28-2011 - OK)

In this qui tam proceeding under the False Claims Act, 31 U.S.C. §§ 3729–33, Kelly Baltazar contends that her former employer submitted fraudulent bills to the Medicare and Medicaid programs.

Baltazar, a chiropractor, worked for four months in 2007 at Advanced Healthcare Associates. According to Baltazar’s complaint, she noticed that the firm’s staff added to her billing slips ser... More...   $0 (02-18-2011 - IL)

In this eminent domain case, Andrew A. Lang, Jr. (Lang) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation’s (DOT) preliminary objections to Lang’s petition for the appointment of a board of viewers (petition for viewers) alleging a de facto taking occurred prior to DOT’s filing of a declaration of taking.
<... More...   $0 (02-18-2011 - PA)

In these consolidated interlocutory appeals, the City of North Richland Hills (the City) challenges the trial courts’ respective denials of the City’s partial pleas to the jurisdiction in the lawsuits filed against it by Appellees Hometown Urban Partners, Ltd. (Urban Partners), Arcadia Land Partners 25, Ltd., and Arcadia Holdings (collectively, Arcadia).[1] The City contends that governmental... More...   $0 (02-17-2011 - TX)

"Under the doctrine of overbreadth, a statute violates the First Amendment it if prohibits a substantial amount of protected expression." PSINet, Inc. v. Chapman, 362 F.3d 227, 234 (4th Cir. 2004). Defendants appeal a permanent injunction prohibiting the enforcement of a Maryland statute due to its overbreadth. We conclude that the statute—which limits the range of permissible conduct, attire, a... More...   $0 (02-17-2011 - MD)

Appellant David Lahoti appeals from the district court’s finding, on remand, that he violated the Lanham Act, the Anticybersquatting Consumer Protection Act (ACPA), the Washington Consumer Protection Act (WCPA), and Washington common law. The appeal turns in significant part on whether the district court followed this court’s instructions on remand in finding that Respondent Vericheck, Inc.’... More...   $0 (02-16-2011 - WA)

The State of Oklahoma ex rel Department of Transportation sued Cedars Group, L.L.C. and others on an eminent domain theory seeking the condemnation of certain rights, title and interests owned by Defendant. Commissioners appointed by the Court awarded Defendant $285,000.00.... More...   $585000 (02-14-2011 - OK)

Appellant Hypertouch, Inc. filed an action alleging that ValueClick, Inc., various ValueClick subsidiaries and PrimaryAds, Inc. (Respondents) violated Business & Professions Code section 17529.5, subdivision (a),1 which prohibits entities from advertising in a commercial electronic message (e-mail) that contains various types of deceptive content. Respondents moved for summary judgment, arguing t... More...   $0 (02-10-2011 - CA)

This case involves the interpretation and application of I.C. § 55-313 to the relocation of a private roadway/easement used for vehicular travel. The district court granted summary judgment in favor of Statewide Construction, Inc. (“Statewide”) in a declaratory judgment proceeding, finding that Statewide, as the owner of the servient estate on which an express easement for vehicular travel wa... More...   $0 (02-09-2011 - ID)

Scott Jager sued Kerry Hooley, Amy Hooley and Curtis Hooley on breach of contract theories.

Mr. Jager claimed that the Defendants intentionally conspired to deprive him of his rightfully owned property by contracting to trade property of him for his property.

Defendants claimed that they were the rightful owners of the property they were attempting to trade or sell.

When c... More...   $14000 (02-08-2011 - OK)

This appeal involves a dispute between the University of Oregon (the University) and plaintiff, who is a former faculty member of the University, over certain personal property. Following his resignation, plaintiff asserted claims against the University for conversion, inverse condemnation, and breach of contract. The trial court dismissed the conversion claim and granted summary judgment to the U... More...   $0 (02-02-2011 - OR)

Nine years after the City of Stockton (City) initiated eminent domain proceedings to acquire real property owned by Andrew C. Cobb, as trustee of the Andrew C. Cobb 1992 Revocable Trust (the Trust), and after the City constructed a public roadway across the condemned property, the trial court dismissed the action for lack of prosecution (Code Civ. Proc., § 583.360). Plaintiff, Michael A. Cobb, as... More...   $0 (01-26-2011 - CA)

In February 2003, the law firm of Wilson & Wilson (Wilson) brought an action against the City Council of Redwood City (City Council), the City of Redwood City (Redwood City), and the Redwood City Redevelopment Agency (Redevelopment Agency) (hereafter collectively the City) to challenge the approval and construction of a retail-cinema redevelopment project in Redwood City‟s downtown. Wilson asked... More...   $0 (01-25-2011 - CA)

All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may th... More...   $0 (01-20-2011 - TX)

¶1 This is one of six eminent domain appeals in which Plaintiff, Oklahoma Gas and Electric Company (OG&E), seeks to condemn easements for construction of electrical transmission lines to wind farms in northwestern Oklahoma. The appeals were made companion cases by the Supreme Court, and we simultaneously issue a decision in each appeal. In the present case, Defendants, Gerald A. Beecher and Lucy ... More...   $0 (01-20-2011 - OK)

This appeal arises from a condemnation proceeding initiated by appellee, Harris County Municipal Utility District Number 358 (“MUD 358”), to acquire property belonging to appellant, Jon A. Marshall, for the construction of an offsite drainage channel. Marshall filed a motion to dismiss the condemnation proceeding contesting the authority of MUD 358 to condemn the property and objected to the ... More...   $0 (01-20-2011 - TX)

The Transcontinental Pipeline transports and distributes natural gas from the Gulf of Mexico to the northeastern United States. In April 2002, the City of Monroe, North Carolina, decided to supply the citizens of Monroe and the surrounding area with natural gas by a direct connection between its natural gas distribution system and the Transcontinental Pipeline. To directly connect to the Transcont... More...   $0 (01-18-2011 - NC)

Plaintiffs George, Maria, and Vincent Huff appeal the district court’s judgment in favor of four officers who entered their home without a warrant. For the reasons below, we find that only two of the four officers were entitled to qualified immunity.

I. BACKGROUND

On June 1, 2007, the four officers responded to a call from Bellarmine-Jefferson High School. At Bellarmine, they learn... More...   $0 (01-11-2011 - CA)

Robert M. Moore, Jr., and Rebecca Rose Moore appeal an order declaring the cancellation of their notice of lis pendens for failure to comply with the requirements of Section 12.007 of the Texas Property Code and awarding money damages to Don Hawkins. Tex. Prop. Code Ann. § 12.007 (Vernon Supp. 2010). Hawkins’ claim was based on his allegation that the notice of lis pendens was supported by ne... More...   $0 (01-07-2011 - TX)

There is no simple remedy for the vast number of unsolicited emails, popularly known as “spam,” that fill our electronic inboxes daily. Even though federal and state legislatures have adopted various laws to combat this problem, “spammers” continue to find new ways to advertise.

Daniel Balsam, a victim of spam, seeks an alternative method of enforcement by bringing claims against ... More...   $0 (12-16-2010 - CA)

Appellants and cross-appellees Jose L. Elizondo and his wife, Guillermina Elizondo, appeal the trial court’s orders granting summary judgment in favor of appellees and cross-appellants Ronald D. Krist, The Krist Law Firm, P.C., Kevin D. Krist, and William T. Wells (collectively, “the Lawyers”). In six issues, the Elizondos contend the trial court erred in granting the Lawyers’ motions for... More...   $0 (12-14-2010 - TX)

Appellants and cross-appellees Jose L. Elizondo and his wife, Guillermina Elizondo, appeal the trial court’s orders granting summary judgment in favor of appellees and cross-appellants Ronald D. Krist, The Krist Law Firm, P.C., Kevin D. Krist, and William T. Wells (collectively, “the Lawyers”). In six issues, the Elizondos contend the trial court erred in granting the Lawyers’ motions for... More...   $0 (12-14-2010 - TX)

Bellesea and Zsekainah Laschober, et al. (Plaintiffs) appeal from the grant of summary judgment in favor of the City of Kinloch (Kinloch) on Plaintiffs’ wrongful death action involving Elizabeth Buchanan (Decedent). On appeal, Plaintiffs argue the trial court erred in granting Kinloch’s motion for summary judgment because there was a genuine dispute as to whether Kinloch had in place a policy ... More...   $0 (11-16-2010 - MO)