The Employee Retirement Income
Security Act of 1974 (ERISA) governs employee benefit plans. 29
U.S.C. § 1001 et seq. Among other things, the statute permits
beneficiaries to go to court to challenge their plan's decision to
deny or cut off their benefits. Id. § 1132(a)(1)(B). Before
filing suit, however, beneficiaries must first use -- or, as it is
often put, "exhaust" --... More...   $0 (10-06-2014 - MA)

Plaintiffs Beverly Ann Hollis-Arrington and Crystal
Monique Lightfoot appeal the district court’s judgment
dismissing their claims against the Federal National Mortgage
Association (“Fannie Mae”). They argue that the district
court lacked subject matter jurisdiction over their claims. We
disagree. Under the rule announced in American National
Red Cross v. S.G., 505 U.... More...   $0 (10-02-2014 - CA)

In this case, we determine which statute of limitations applies to an action alleging pre-birth injuries due to exposure to hazardous materials or toxic substances that occurred more than 20 years ago. Plaintiff Hanh Nguyen (sometimes Plaintiff) contends that such claims are subject to the two-year limitations period in Code of Civil Procedure section 340.8 for actions “for injury or illness bas... More...   $0 (09-25-2014 - CA)

Norman, Cleveland County, OK - Larry Carnes and Julie A. Carnes sued Justin Harden on a negligence theory claiming:

COME NOW, the Plaintiffs, Larry Canes and Julie Canes, and for their cause of action against the Defendant, Justin Harden, allege and state as follows:
1. Plaintiffs, Larry Canes and Julie Canes, are residents of Cleveland County, Oklahoma. The Defendant, Justin Harden,... More...   $0 (09-22-2014 - OK)

Tracy Sales brought suit against spa owner Stacie Peabody, claiming that she contracted a toe infection as a result of a pedicure performed at the spa. The district court granted summary judgment against Sales after concluding that she had failed to present sufficient evidence of causation. The district court also denied Sales’ motion for reconsideration based on the ground that she had not adeq... More...   $0 (09-19-2014 - ID)

Gerald K. Johnson, appearing pro se, appeals the trial court’s judgment denying his request for partition of a 45.59 acre tract and a permanent injunction against Frederick M. Evans and Christine G. Evans. In ten issues, Johnson contends the trial court erred in its judgment. We affirm.
BACKGROUND
Several years before Johnson filed the underlying suit, the Evanses filed an action seeking... More...   $0 (09-18-2014 - TX)

This appeal arises from a dispute over a boundary line established in an 1891 Deed of Exchange between Henrietta M. King, predecessor-in-interest to appellant King Ranch, Inc., and Luciano Garcia, et al., predecessors-in-interest to appellees Juan Antonio Garcia, Gonzalo Chapa,
1 Justice Chapa would vote to request a response to the motion for rehearing.
04-13-00605-CV
Jr., and Carmen ... More...   $0 (09-18-2014 - )

This appeal arises from a claim by appellant Lee Ann Wheelbarger that the appellees, the City of El Lago and Richard Smith (sued in his official capacity only), violated her constitutional right to due process in determining that a condominium complex in which she owned a unit had been “substantially
2
damaged” by Hurricane Ike. She claimed that this determination, communicated in a le... More...   $0 (09-18-2014 - TX)

appeal arises out of an asset purchase agreement contemplating the sale of a car dealership’s assets. After the sale failed to close, the dealership sued the prospective buyer, alleging breach of contract and several other causes of action. The trial court granted the prospective buyer’s no-evidence and traditional motions for summary judgment, and denied the dealership’s traditional motion ... More...   $0 (09-18-2014 - )

In this appeal we consider how long a term of probation can be extended to compel payment of victim restitution from a probationer who was unable to pay $60,422 in full during her original three-year term of probation.
Restitution for crime victims was recognized as a California constitutional right in 1982. Since 1983, Penal Code section 1203.2, subdivision (a)1 has provided that restitution ... More...   $0 (09-17-2014 - CA)

This is a judicial estoppel case, which is controlled by two principles: our
reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party
asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in
support of its arguments.
The case involves statements made by plaintiff Vehicle Market Research, Inc.
(VMR) in a breach... More...   $0 (09-17-2014 - KS)

Appellant, Larry Davis, individually and as the representative of the estate of Matthew Dewayne Smith, appeals the trial court’s order dismissing his lawsuit against Appellees, Rodger Clifton Bills Jr., and Big D Construction Co., Ltd. for lack of jurisdiction. For the reasons set forth below, we affirm.
BACKGROUND
On or about February 27, 2012, Matthew Dewayne Smith was killed when he s... More...   $0 (09-12-2014 - TX)

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating
illness. As her condition deteriorated over the years that followed, she doggedly sought
to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she
was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a
claim under the Federal Tort Claims... More...   $0 (09-12-2014 - UT)

Family Code section 4325 establishes a rebuttable presumption against an award of spousal support to a spouse who has been convicted of an act of domestic violence against the other spouse.1 Here we must determine whether the family court erred in terminating spousal support to a wife where the wife pleaded no contest to and was convicted of an act of domestic violence before enactment of section ... More...   $0 (09-10-2014 - CA)

Defendant Kenneth Mark Doolittle was sentenced to 13 years in prison after the trial court, sitting without a jury, found him guilty on three counts of theft by false pretenses (Pen. Code, § 532, subd. (a)), six counts of theft from an elder or dependent adult (Pen. Code, § 368, subd. (d)), nine counts of false statements or omissions in the sale of securities (Corp. Code, §§ 25401, 25540, sub... More...   $0 (09-08-2014 - CA)

Linda Ruivo appeals the district
court's dismissal of counts one and five of her First Amended
Complaint. Ruivo argues that count one, captioned "N.H.R.S.A. 397-
A:2(VI)," adequately pleaded a state common law claim of fraud, and
that count five sufficiently pleaded, consistent with its caption,
a promissory estoppel claim. Agreeing with the district court that
both claims ... More...   $0 (09-08-2014 - NH)

John Russell Coffman appeals from the issuance of a second protective order preventing him from having contact with his ex-wife, Celeste Elane Coffman Melton, among others. In two issues, John challenges the legal and factual sufficiency of the evidence to support the court’s order and contends the court
erred in awarding attorney’s fees to Celeste. We affirm.
1
Background
Duri... More...   $0 (09-04-2014 - TX)

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. & Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed under the same circumstances that an appeal from a federal court order is permitted b... More...   $0 (09-04-2014 - TX)

This appeal is the most recent round in a protracted legal battle between two siblings over their respective inheritances.1 Woody K. Lesikar, individually, and as trustee of the Woody K. Lesikar Special Trust and the Woodrow V. Lesikar Family Trust, appeals the trial court’s summary judgment in favor of Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special... More...   $0 (09-04-2014 - TX)

Jeffrey Healey and Edward
Given reside in the Massachusetts Treatment Center in Bridgewater,
Massachusetts (the Treatment Center or Center). Each has been
civilly committed as a sexually dangerous person (SDP). In
separate suits, Healey and Given challenged the adequacy of sex
offender treatment provided by the Center as well as the conditions
of their confinement. They sou... More...   $0 (09-03-2014 - MA)

This is an insurance coverage dispute arising out of a fatal accident. The
district court determined a bobtail p 1 olicy issued to Hipp's Trucking, Inc., provided
coverage for damages arising out of a collision involving trucker Thomas Hipp's
semi-tractor and trailer. The district court also determined the bobtail policy provided
$1 million in coverage. We affirm.
I
On Marc... More...   $0 (09-02-2014 - MN)

Allergan, a specialty pharmaceutical manufacturer,
produces Botox, a well-known cosmetic and therapeutic drug.
In 2010, faced with allegations that it had acted illegally in
marketing and labeling Botox, Allergan settled several qui
tam suits and pled guilty in a criminal case. Allergan
ultimately paid a total of $600 million in part for civil
settlements and in part as a c... More...   $0 (09-02-2014 - CA)

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - CA)

This is a permissive appeal out of Ada County from an order denying the appellants’ motions for summary judgment. The central issue is whether an attorney who, as counsel for a corporation, issues an opinion letter stating that a stock redemption agreement does not violate the law can be held liable to the shareholder whose stock was redeemed if the opinion was incorrect and the redemption agree... More...   $0 (08-27-2014 - ID)

In a prior litigation, FLIR Systems, Inc. and Indigo Systems Corporation (collectively, FLIR) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (collectively, Former Employees) for, among other things, misappropriation of trade secrets (the underlying action). Former Employees were successful in defeating the underlying action. Moreover, they obtained a ruling... More...   $0 (08-27-2014 - CA)