¶ 1 The plaintiffs, Burnell Gatreaux, Timothy Range and Frank Selby, individually and on
behalf of all others similarly situated, filed a class action complaint against the defendants,
DKW Enterprises, LLC, KDW Enterprises LLC, KDW Western LLC, MRA Restaurants,
Darrell Winbush and Katina Winbush, alleging numerous violations of the Illinois Minimum
Wage Law (820 ILCS 105/1 et seq.... More...   $0 (11-30--0001 - IL)

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)

[¶1.] This is an original proceeding for an alternative writ of mandamus or prohibition brought by the Rapid City Journal, the Associated Press, and the South Dakota Newspaper Association (collectively referred to as the Media) against the Honorable John J. Delaney, circuit court judge. The Media brought this action because Judge Delaney (1) imposed a gag order on the parties and (2) closed the t... More...   $0 (09-07-2011 - SD)

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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 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)

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)

¶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 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)

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)

In August 2007, the City of San Diego (the City) formed a special assessment district known as the Greater Golden Hill Maintenance Assessment District (the District) for the purpose of providing various services and improvements for the benefit of properties in the District. The same month, Golden Hill Neighborhood Association, Inc. — an association of property owners in the Golden Hill area —... More...   $0 (09-22-2011 - CA)

This is the second appeal in litigation arising from the Secretary of Health and Human Services’ (“HHS”) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe (“Tribe”). In an initial order, the district court ruled that HHS’s decision was unlawful, granted summary judgment to the Tribe, and directed the parties to prepare a proposed order for inju... More...   $0 (09-19-2011 - NM)

Candi Cooper appeals from the trial court’s order modifying the parent-child relationship between her and her son, Z.B.J. We affirm.

Background Facts

As demonstrated below, the facts of this case are unique. Cooper and David Johnston were divorced in 2007 in Upshur County, Texas. In the divorce decree, the 115th District Court of Upshur County appointed Cooper and Jo... More...   $0 (09-15-2011 - TX)

Joslyn Johnson sued the City of Houston (“City”), alleging that the City’s policy preventing police officers from contacting federal immigration authorities violated her state and federal constitutional rights. The district court dismissed Johnson’s case, holding that a previous case Johnson had filed against the City barred the current case under principles of claim preclusion, or res jud... More...   $0 (09-09-2011 - TX)

Petitioners, Joe A. and Mary A. Bush, seek certiorari review of an order of the circuit court dismissing their amended petition for writ of certiorari by which they challenged the denial by the City of Mexico Beach, respondent, of their application to divide a residential lot (“lot split application”). We grant certiorari relief because the circuit court did not address the substantial due pro... More...   $0 (08-31-2011 - FL)

The City of Beaumont appeals from an order granting J.E.M.‟s request to expunge records related to his arrest on the charge of aggravated assault. We reverse and render judgment denying expunction.

Background

This is the second proceeding in which we have considered orders issued by the trial court following expunction proceedings initiated by J.E.M. See In re Beaumont City Att... More...   $0 (08-31-2011 - TX)

This is an appeal from the trial court‟s dismissal of a suit based on a city‟s claim of sovereign immunity. The City of Beaumont declared Yvonne Como‟s commercial building a public nuisance and condemned the property. Como did not challenge the condemnation by filing a writ of certiorari, but she sued the City more than one year after the City demolished the building. The trial court granted... More...   $0 (08-31-2011 - TX)

¶1 Defendants Bryan K. Ellison, Jamie Ellison, and Commonwealth Properties, LC (collectively, the Ellisons), challenge the trial court’s determination that a trustee’s sale conducted in December 2009 was valid. The sale resulted in plaintiffs RM Lifestyles, LLC, and Woodbridge Realty, LC (collectively, RM Lifestyles), obtaining a trustee’s deed to the real property located in Holladay, Utah... More...   $0 (08-25-2011 - UT)

This is an appeal from a judgment in an action challenging the approval of a project for development of a beverage distribution facility on grounds that the County of Sonoma failed to comply with the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.)1 before issuing a mitigated negative declaration. Plaintiff Beverly Schenck claims proper notice of the administrativ... More...   $0 (08-26-2011 - CA)

Susan Boggs (“Boggs”) and Fouad Rachid (“Rachid”), individually and on behalf of their minor daughter, and Fouad, Inc. (“Fouad”) (Boggs, Rachid, and Fouad, together, the “relators”) appeal the district court’s order dismissing their action on the basis of res judicata in favor of the City of Cleveland (the “City”). For the following reasons, we reverse the district court and ... More...   $0 (08-25-2011 - OH)

In this interlocutory appeal from the denial of a plea to the jurisdiction, the principal issue we must decide is whether the county attorney of Williamson County, in either her individual or official capacity, has standing to sue the county commissioners court for allegedly violating the Open Meetings Act and local government code in the course of making budgetary transfers that negatively impact... More...   $0 (08-25-2011 - TX)

These consolidated writ petitions raise two novel issues involving the admissibility of expert testimony: (1) whether a nurse can testify as an expert regarding medical causation, and (2) whether defense expert testimony offering alternative causation theories must meet the “reasonable degree of medical probability” standard set forth in Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 155... More...   $0 (07-28-2011 - NV)