The California Department of Rehabilitation (DOR) and the United States Department of Education appeal from the district court’s decision enforcing a 2008 arbitration award issued pursuant to 20 U.S.C. § 107d-1(a) of the Randolph- Sheppard Vending Stand Act (the Act). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.

I

Some familiarity with the structure of the R... More...   $0 (02-03-2012 - OK)

In this interlocutory appeal, Bill O. Wood, challenges the trial court’s August 4, 2010 order denying his motion to compel arbitration between himself and Sheridan Wade. The order expressly applies only to Wade’s claims against Wood in Wood’s individual capacity.[1] Wood raises two issues in which he contends that Wade is required to arbitrate these claims pursuant to a provision found in ... More...   $0 (01-26-2012 - TX)

This administrative appeal concerns the ongoing efforts of the plaintiffs, James D. Batchelder and Glenn Montigny, to block the settlement of litigation between the defendant, the planning and zoning commission of the town of Vernon, and a developer, Diamond 67, LLC (Diamond). The plaintiffs’ claims in this appeal are enmeshed in the procedural history of two prior appeals to this court. See Dia... More...   $0 (01-24-2012 - CT)

In Schlesinger v. Councilman, 420 U.S. 738 (1975), the Supreme Court held that principles of comity, respect for the expertise of military judges, and judicial economy weigh against federal court intervention in pending court-martial proceedings and in favor of requiring exhaustion of all available remedies within the military justice system before a federal court’s collateral review ("Councilm... More...   $0 (01-17-2012 - VA)

After her first termination from the City of Pasadena Police Department and subsequent reinstatement, Karin White brought a lawsuit in state court claiming that she had been discriminated against and harassed by the City due to its perception that she had a disability. After her second termination, she reiterated her discrimination and harassment claims in an administrative proceeding, where she a... More...   $0 (01-17-2012 - CA)

In five issues, Appellant McClennon Cook, appearing pro se, appeals the dismissal of his claims related to an on-the-job injury. His first four issues address the sufficiency of evidence presented in the administrative hearing on his worker’s compensation claim, and the fifth addresses the dismissal by the trial court of cause number 017-239433-09 for want of prosecution. Based on our review o... More...   $0 (01-13-2012 - )

Tracey L. Barber appeals pro se from the January 10, 2011, order of the Court of Common Pleas of Allegheny County (trial court), which sustained the preliminary objections of the various defendants and dismissed the complaint filed by Barber with prejudice. We affirm.

In December 2008, Barber filed a complaint with the trial court at GD 08-026638 against Cendant Mortgage, PHH Mortgage Servi... More...   $0 (01-09-2012 - PA)

In this legal-malpractice case, we hold that for the purposes of res judicata, a judgment does not have preclusive effect if the court rendering it lacked jurisdiction over the amount in controversy.

Mark T. Womack won summary judgment against Arcadio D. Rodriguez on res judicata grounds in district court after a small claims court dismissed Rodriguez’s claims with prejudice. Rodriguez ar... More...   $0 (01-05-2012 - TX)

This appeal is from the trial court's entry of a judgment on remand from the Texas Supreme Court. Finding the trial court erred in the calculation of damages and the award of postjudgment interest, we reverse and remand.

Background

Because the underlying facts of this case are well-known to the parties, we focus only on those facts germane to this appeal. This medical malpractice... More...   $0 (01-05-2012 - TX)

Catherine Trimboli, along with Daniel Carter, Tricia Carlson, Bryan Frankowiak, and Colin Briggs (all of whom we hereafter collectively refer to as “Trimboli”),[1] appeals the order denying her summary judgment motion requesting a declaration that she is a permanent, regularly-appointed sergeant. The trial court determined that Trimboli is not a permanent, regularly-appointed sergeant becaus... More...   $0 (01-04-2012 - WI)

This appeal involves the denial of a records request made pursuant to the Nevada Public Records Act (NPRA). The primary issue we are asked to resolve is whether, after the commencement of a public records lawsuit, the state entity withholding the requested records is required to provide the requesting party with a log containing a factual description of each withheld record and a legal basis for ... More...   $0 (12-15-2011 - NV)

This case presents the issue of whether the holder of a judgment obtained against a school district's former bus driver is entitled to collect that judgment from the State Legal Expense Fund, established by section 105.711 RSMo.1

Factual Background

In the fall of 2006, Robert Griffith, a school bus driver for the Doniphan R-I School District, molested a four-year-old preschool girl (... More...   $0 (12-13-2011 - MO)

Plaintiffs Angelina Morfin Vargas and Mark Dierolf sued defendants City of Salinas and city manager, David Mora (collectively City), for alleged misuse of public funds. The suit was dismissed as a SLAPP1 under Code of Civil Procedure section 425.16, the so-called anti-SLAPP law.2 The ensuing judgment was affirmed by this court and by the Supreme Court. (Vargas v. City of Salinas (2009) 46 Cal.4th ... More...   $0 (11-18-2011 - CA)

Appellants Jimmie D. Bennett and June Bennett appeal from the trial court’s judgment that they take nothing on their claims against Appellees Wise County (the County), commissioner Mikel Richardson (in his official and individual capacities), commissioner Danny White (in his official capacity), and former commissioner Robert Rankin. The Bennetts bring four issues on appeal, all based on their a... More...   $0 (11-10-2011 - TX)

Ferdinand De Leon appeals from the district court’s entry of judgment in favor of defendant Denman Investment Corporation, Inc. The district court granted Denman’s motion to dismiss on the merits after the parties had already executed a settlement agreement and filed a stipulation of dismissal. As explained below, we have jurisdiction under 28 U.S.C. § 1291, and conclude that the stipulation ... More...   $0 (10-31-2011 - CO)

Two individuals sought mandamus relief against a sheriff in his official capacity under Texas Government Code section 552.321. Though the individuals did not seek relief against the county that the sheriff serves, the individuals had the county served with a copy of their petition. The trial court granted the sheriff’s summary-judgment motion, in which the sheriff asserted that the claims agains... More...   $0 (10-28-2011 - TX)

Jeffrey S. Gananian appeals from a judgment dismissing his cause of action for declaratory relief against former San Mateo County District Attorney James P. Fox. Gananian sought a declaration that Education Code section 15288 required Fox to investigate and prosecute alleged violations of law associated with the expenditure of voter-approved school bond funds. We disagree, and affirm the judgment.... More...   $0 (10-21-2011 - CA)

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[¶1] Alvin Peterson appealed and the State Engineer, Todd Sando, cross-appealed from a district court judgment affirming in part and reversing in part a State Engineer order determining there was an unauthorized dam on Peterson's property in Walsh County and requiring Peterson to construct a drainage ditch to maintain water impounded by the dam at a level of 1543.5 feet mean sea level. T... More...   $0 (10-20-2011 - ND)

In order to remove a lawsuit filed in state court to a federal district court under the federal removal statute, 28 U.S.C. §§ 1441, 1446, a defendant must file a notice of removal within thirty days of the date on which the plaintiff serves “the defendant.” Courts have split in interpreting this thirty day limitation: the Fourth and Fifth Circuits have held that the thirty day period ends th... More...   $0 (10-15-2011 - PA)

¶1 The Petitioner has filed an application for original jurisdiction, a petition for writ of prohibition, and in the alternative a petition for writ of mandamus in Case No. CF-2010-8067 in the District Court of Oklahoma County.

¶2 This Court previously denied Petitioner's petition for writ of prohibition or mandamus based on the District Court's decision denying Petitioner's motions to di... More...   $0 (10-13-2011 - OK)

Appellant, Dora Serna, and appellee, International Bank of Commerce (“IBC”) entered into negotiations involving Serna’s purchase of three properties pursuant to an earnest money contract. When the negotiations failed, Serna sued IBC for fraud and for violations of the Texas Deceptive Trade Practices Act. Less than two months after being sued, IBC filed a “Motion to Compel Arbitration and S... More...   $0 (10-13-2011 - TX)

¶1 Respondent filed in this Court a petition to vacate the opinion of this Court which disbarred him from practicing law in Oklahoma. We conclude that the arguments offered by Respondent for vacating the disbarment are without merit and we deny the petition to vacate.

I. Introduction

¶2 George L. Mothershed, Respondent, was disbarred by this Court in 2003.1 In July 2005, Respon... More...   $0 (10-11-2011 - OK)

In this petition for extraordinary writ relief, we consider whether the district court can impose sanctions after it enters an order dismissing a case with prejudice pursuant to a stipulation of the parties under NRCP 41(a)(1)(ii). In resolving this issue, we initially address whether the district court has jurisdiction to impose sanctions after a stipulated dismissal. We conclude that the distr... More...   $0 (10-06-2011 - NV)

In this original writ proceeding we review a district court’s decision to deny a motion to disqualify opposing counsel, when opposing counsel reviewed confidential documents he received, unsolicited, from an anonymous source.[1] We initially conclude that although there is no Nevada Rule of Professional Conduct that specifically governs an attorney’s actions under these facts, the attorney ... More...   $0 (10-06-2011 - NV)

In this original petition for a writ of mandamus, we consider whether a landlord who seeks summary eviction in justice court under NRS 40.253[1] against a tenant is precluded from subsequently bringing a damages claim in district court for breach of the lease agreement. In the underlying matter, the landlord prevailed in the summary eviction proceeding in justice court and thereafter filed a clai... More...   $0 (10-06-2011 - NV)