Following his vindication after his wrongful conviction and incarceration for the 1995 murder of Jessica Payne, Chaunte Ott brought a civil rights action against the City of Milwaukee and several police officers. That case is still pending. This appeal was filed when Ott served subpoenas on two non-party state agencies, the Wisconsin Crime Laboratory and the Wisconsin Department of Corrections. Ra... More...   $0 (05-29-2012 - WI)

Following his vindication after his wrongful conviction and incarceration for the 1995 murder of Jessica Payne, Chaunte Ott brought a civil rights action against the City of Milwaukee and several police officers. That case is still pending. This appeal was filed when Ott served subpoenas on two non-party state agencies, the Wisconsin Crime Laboratory and the Wisconsin Department of Corrections. Ra... More...   $0 (05-29-2012 - WI)

Dawn McIntyre (McIntyre), a former employee of the Sonoma Valley Unified School District (the District), filed a petition for writ of mandate (Code Civ. Proc., § 1085) to compel the District to reinstate her as a permanent tenured teacher. The primary issue in this case is whether the District had a mandatory duty under the Education Code to classify McIntyre as a “probationaryâ€� employee rath... More...   $0 (05-22-2012 - CA)

{¶ 1} Defendant-appellant, Joseph P. Ebbing (Ebbing), appeals pro se from a decision of the Butler County Court of Common Pleas which declared his property a public nuisance and ordered the demolition of buildings located at 419 and 423 Sycamore Street (rear) Hamilton, Ohio. For the reasons discussed below, we affirm the judgment as modified.

{¶ 2} Plaintiff-appellee, the city of Hamilton... More...   $0 (05-21-2012 - OH)

Plaintiff David Schmidt appeals from the dismissal of a complaint charging his employer, Celgene Corporation, and one of Celgene's customers, CVS/Caremark Corporation (Caremark), with violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. Schmidt filed the complaint well beyond CEPA's one-year limitation period, N.J.S.A. 34:19-5, while he had a breach of contract ... More...   $0 (05-09-2012 - NJ)

An alleged incapacitated person (AIP) petitions this court for a writ of mandamus requiring the trial court to dismiss a petition to determine his capacity. He argues the trial court must dismiss the petition because two of the three members of a committee appointed to evaluate him have twice found him capacitated. § 744.331(4), Fla. Stat. (2010). We agree and grant the petition.

The AIPâ€... More...   $0 (05-16-2012 - FL)

Appellants Michael Easton and Dawn Whatley, individually and as executrix of the estate of Perry Lee Whatley, present this appeal from two orders dismissing their fraud claims against individually named attorneys and their respective law firms. The attorney-defendants—David Cabrales, Rachel Stinson, and Locke Lord Bissell & Liddell, LLP (the “Locke Lord attorneysâ€�), and Shawn Phelan and Tho... More...   $0 (05-10-2012 - TX)

After a decade of war, many of our veterans are returning home with physical and psychological wounds that require competent care. Faced with the daunting task of providing that care, as well as adjudicating the claims of hundreds of thousands of veterans seeking disability benefits, the Department of Veterans Affairs (“VAâ€�)1 is struggling to provide the care and compensation that our veterans... More...   $0 (05-07-2012 - ca)

This case concerns breaches of a settlement agreement that attempted to resolve the differences between appellant, Mark Henry, and appellee, Marcos Masson. A jury found that both parties materially breached the Settlement Agreement, but it awarded damages only to Masson. In a previous opinion in this case, we affirmed the verdict in favor of Masson and reversed the trial court’s ruling that He... More...   $0 (05-03-2012 - TX)

Virginia Hunt had worked for defendant DaVita, Inc. for nineteen years when she had a heart attack requiring bypass surgery and went on medical leave. While on leave, she also received treatment for carpal tunnel syndrome. After six months of leave, DaVita terminated her employment pursuant to its established leave policy. DaVita told Hunt that she was eligible for re-hire to her position once she... More...   $0 (05-04-2012 - IL)

We grant the motion for rehearing in part and overrule in part; we withdraw our opinion dated March 13, 2012, and issue the following substitute opinion.

Connie Vasquez Harrison appeals from the trial court’s divorce decree on numerous grounds. Most of the parties’ appellate arguments focus on the circumstances surrounding the withdrawal of Connie’s attorney, over Connie’s objection... More...   $0 (04-26-2012 - TX)

Gregory Gerald Gedney filed a petition for divorce from Vickie Smith Gedney. The trial court granted the divorce and signed a final judgment. Neither party appealed. A year later, Greg filed a motion for judgment nunc pro tunc and a motion for contempt and enforcement. The trial court signed the judgment nunc pro tunc. Three months later, the trial court found Vickie in contempt, sentenced her to ... More...   $0 (04-26-2012 - TX)

¶4 The accident occurred October 11, 2008, at around 4:00 a.m. on U.S. Highway 12 between Helena and Garrison. Stuivenga and Evans had attended a bull-riding event in Helena the previous evening and had spent time with friends after the event, and were on their way back to Deer Lodge. Near milepost 10 on Highway 12 (within Powell County), Stuivenga’s pickup drifted across the roadway, struck th... More...   $0 (04-10-2012 - MT)

In this petition for extraordinary writ relief, we must determine whether the district court can apply NRS 11.500, Nevada’s “savings statute,â€� to save otherwise time-barred medical malpractice claims that have been previously dismissed for failure to comply with the affidavit requirements of NRS 41A.071. We conclude that NRS 11.500 does not save medical malpractice claims dismissed for failu... More...   $0 (03-01-2012 - NV)

In this opinion, we address the scope of a district court’s authority to unilaterally modify a settlement agreement under NRS 41.200, Nevada’s statute governing the compromise of a minor’s claim.

Because NRS 41.200 leaves the allocation of fees and costs to the district court’s discretion, we conclude that the district court may adjust the terms of the settlement in accord... More...   $0 (04-05-2012 - NV)

In this petition for extraordinary writ relief, we are asked to consider whether a plaintiff has complied with the affidavit requirement in a medical malpractice action when a medical expert’s opinion letter attached to the plaintiff’s complaint does not include a jurat,[1] and there is no declaration from the medical expert in either the opinion letter or a notary acknowledgment declaring tha... More...   $0 (04-05-2012 - NV)

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)

James M. Donovan appeals from an order of the superior court granting respondents‟ special motion to strike his complaint under Code of Civil Procedure section 425.16 (the anti-SLAPP statute).1 He contends the trial court erred in granting the motion because (1) respondents‟ conduct does not fall within the scope of the anti-SLAPP statute; and (2) his complaint had merit. Because we conclude t... More...   $0 (04-19-2012 - CA)

In a final divorce decree dissolving the marriage of Drew Congleton and Darcie Shoemaker, Congelton was ordered to assume certain financial obligations. The trial court later entered agreed orders, which granted judgment in favor of Shoemaker for amounts owed by Congleton. In November 2009, the trial court signed a turnover order and appointed a receiver. In August 2011, the trial court signed a s... More...   $0 (04-12-2012 - TX)

Appellant Tracey Murphy appeals pro se the dismissal of his petition for writ of mandamus. We affirm.

Background Facts

Appellant filed a small claims suit in the justice court regarding “destruction of personal property in retaliation and negligence of the public servants.â€� Appellant claims he filed the case on April 5, 2007, by handing his petition to the prison authorities to... More...   $0 (04-12-2012 - TX)

Petitioners Rosetta and Randy McDaniel appeal the circuit court’s order denying their petition for writ of mandamus against respondents, the West Virginia Division of Highways (“DOHâ€�) and its commissioner. Petitioners filed a petition for appeal and a reply brief by their attorney, Vincent Trivelli. Respondents filed a response brief by their attorney, Eric B. Hudnall. This Court has conside... More...   $0 (03-20-2012 - WV)

In six issues, Appellant Ronald B. Palmer, pro se, appeals the trial court’s amended order on petition for enforcement of spousal maintenance and its order of income withholding for spousal maintenance entered in favor of Appellee Nakaysone Julie Palmer. We dismiss the portion of the appeal pertaining to contempt for want of jurisdiction, reverse the trial court’s amended order on petition fo... More...   $0 (04-06-2012 - TX)

William Carroll Robertson and Lester Eugene Robertson filed a petition for a writ of mandamus and an appeal of a judgment dismissing the cause of action for lack of subject matter jurisdiction. The Robertsons complain that the trial court erred by granting a petition in intervention filed by Coryell County, by granting motions filed by Coryell County and Hix to abate a prior judgment, and ultimate... More...   $0 (03-22-2012 - TX)

Plaintiff John Nesson, a radiologist, sued defendant Northern Inyo County Local Hospital District (Hospital) after the medical executive committee (MEC) summarily suspended his medical staff privileges and the Hospital terminated his contract to provide radiology services. Nesson‟s complaint seeks damages for breach of contract, retaliation, and discrimination. Nesson appeals from an order and j... More...   $0 (03-10-2012 - CA)

Petitioners K.G. and Donna H. were determined to be gravely disabled persons under the Lanterman-Petris-Short (LPS) Act (Welf. & Inst. Code, § 5000 et seq.)1 and were subject to conservatorships. Orders establishing the conservatorships divested them of the right to make their own decisions on medical treatment for their grave disabilities, including involuntary administration of antipsychotic me... More...   $0 (03-08-2012 - CA)