In this petition for extraordinary writ relief, we consider whether an arbitration agreement is unenforceable because it is unconscionable or contrary to public policy when it requires consumers to waive their rights to participate in any form of class action litigation to pursue common claims that they may have concerning a retail installment sales contract. In the district court, petitionersâ... More...   $0 (03-31-2011 - NV)

Appellant Stephen Wollmer asks this court to reverse the denial of his petition for administrative mandamus challenging two approvals by respondents City of Berkeley and the Berkeley City Council (collectively, the City) for a mixed-use affordable housing or senior affordable housing project located at 1200 Ashby Avenue.1 Specifically, he denounces the approvals as violative of the state‟s densi... More...   $0 (03-30-2011 - CA)

Whether and how Smith County[1] might get a new jail has been an ongoing public issue. Recently, in some fallout from that debate, Ken W. Good sought a judgment declaring that Joel P. Baker, the Smith County Judge, and JoAnn Fleming, the Commissioner for Smith County Precinct Number 1, had violated[2] the Texas Open Meetings Act (TOMA) by attending meetings to develop a jail plan in secret.[3] H... More...   $0 (03-25-2011 - TX)

Janice Bowen, Mary Eastridge, and Sherri Link appeal the district court's1 dismissal of their petition for a writ of mandamus. We affirm. Appellants are three disability-benefit claimants with proceedings before the Social Security Administration. Appellee Robert O'Blennis is the administrative law judge (ALJ) assigned to each appellant's case. Each appellant filed a motion requesting that O'Blenn... More...   $0 (03-25-2011 - MO)

Relator, Mel Stewart, filed a petition for an alternative writ of mandamus pursuant to ORS 227.179(1), seeking to compel the City of Salem to approve his application under ORS 92.040 to partition his property. Arguing that the petition was filed prematurely, the city moved to dismiss. The trial court agreed and dismissed the petition; relator appeals. The issue on appeal pertains to the date on wh... More...   $0 (03-16-2011 - OR)

Danny Wayne Martin appeals from a final protective order entered in favor of his ex-girlfriend Amanda JoAnn Parris after a finding of family violence. In his pro se appeal, Martin complains that the trial court erred in “dismiss[ing]â€� the public defender from representing him in the underlying civil proceeding. Martin alleges that lack of counsel forced him to violate his Fifth Amendment rig... More...   $0 (03-04-2011 - TX)

Rich Bergeron asks us to remove the judge presiding in Eppley v. Iacovelli, a case pending in the district court. Bergeron had repeatedly asked her, without success, to recuse herself.

Eppley, a plastic surgeon, had sued Iacovelli, a former patient, in 2009 for defamation and other alleged wrongs arising from Iacovelli’s dissatisfaction with the face-lift operation that Eppley had perform... More...   $0 (03-04-2011 - IN)

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 - )

Round Rock Life Connection Church, Inc., Teddy J. Straub, Orlena Mehrabian, Hossain Mehrabian, Luciano Rivera, Tim Hubble, Judy Hubble, and Mary Jo Greenough (collectively, “the Landownersâ€�) sought both a temporary injunction enjoining the City of Round Rock (“Round Rockâ€�) from annexing their properties and a judgment declaring void ordinances adopted by Round Rock that annexed their prop... More...   $0 (02-18-2011 - tx)

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)

This case comprises two separate appeals. A brief summary of the facts and procedural history is necessary to explain the posture of our review.

¶2 Eighty-four-year-old Evelyn Werner (Werner) was physically attacked in her home and had her safe stolen by three assailants, one of whom was Kenneth Hendree (Hendree). Hendree had previously visited Werner's home several times while employe... More...   $0 (02-16-2011 - WI)

This is an appeal from a summary judgment in favor of appellee the City of Mansfield in a suit by appellant Valerie Mantos challenging the City’s acquisition of 105 acres of real property, and subsequent sale of part of that property, on the ground that the City’s actions violated the Texas Open Meetings Act. Mantos brings fifteen issues challenging the grounds upon which the City sought summ... More...   $0 (02-10-2011 - TX)

[¶1] Joseph Kalvoda, Melissa Davis, Gerald Prouty, and Sandra Broschat appeal from the district court's amended judgment dismissing their action seeking to compel the Bismarck Public School District to pay them additional compensation. We hold the appellants are currently fulfilling their duties as required by the rules in their contract. Further, the parties' long-standing interpretation of admi... More...   $0 (02-08-2011 - ND)

¶1 Chad Gottfried (Father) appeals an order granting a petition by Crisis Pregnancy Outreach, Inc. (C.P.O.) pursuant to 10 O.S.2001 § 7505-2.12 to terminate his parental rights to L.D.B. and to allow adoption of the child without his consent pursuant to grounds stated in 10 O.S.2001 § 7505-4.2. The trial court's order finding Father failed to provide Jamye Beasley (Mother) with support during h... More...   $0 (01-28-2011 - OK)

Appellant Dallas Morning News, Inc. (the "News") appeals a district court's order denying attorney's fees under the Texas Public Information Act (PIA). See Tex. Gov't Code Ann. §§ 552.001-.353 (West 2004 & Supp. 2010). The News argues that it substantially prevailed in its mandamus action against the City of Arlington (the "City") and that the trial court was therefore required to assess reasona... More...   $0 (01-21-2011 - TX)

Plaintiff Kesner Liberal sued the City of Menlo Park (“Cityâ€�) and seven of its police officers, individually and in their official capacities, under 42 U.S.C. § 1983, for violations of his civil rights arising from a traffic stop and subsequent events. He also brought several claims under California law against the City and its officers. Defendants filed a motion for summary judgment, asserti... More...   $0 (01-19-2011 - CA)

In order to encourage the candor necessary to a successful mediation, the Legislature has broadly provided for the confidentiality of things spoken or written in connection with a mediation proceeding. With specified statutory exceptions, neither “evidence of anything said,â€� nor any “writing,â€� is discoverable or admissible “in any arbitration, administrative adjudication, civil action, o... More...   $0 (01-13-2011 - CA)

This is an appeal from a no-answer default judgment rendered in favor of appellee, Rackspace US, Inc. Because we conclude appellant was not properly served with notice, we reverse the default judgment and remand to the trial court, and we deny the petition for writ of mandamus.

FACTUAL BACKGROUND

Rackspace US, Inc., which is an internet hosting company located in San Antonio, is a s... More...   $0 (01-05-2011 - TX)

This appeal takes us into the heart of local politics, and what appears to be a bitter dispute between Beth Perkins, the former elected treasurer of Clayton Charter Township in Michigan and the Township’s other officials. Perkins asserts that the Township, and specifically Rod Shumaker, the Township’s supervisor, retaliated against her for exercising her First Amendment rights. However, we hol... More...   $0 (01-04-2011 - MI)

This appeal takes us into the heart of local politics, and what appears to be a bitter dispute between Beth Perkins, the former elected treasurer of Clayton Charter Township in Michigan and the Township’s other officials. Perkins asserts that the Township, and specifically Rod Shumaker, the Township’s supervisor, retaliated against her for exercising her First Amendment rights. However, we hol... More...   $0 (01-04-2011 - MI)

We must decide whether a district court may hear an alien’s challenge to the government’s denial of an application to adjust status when removal proceedings are simultaneously pending against the alien. We hold it may not. Because the alien plaintiffs here are currently in removal proceedings, we vacate the district court’s order granting summary judgment to the defendants and remand with in... More...   $0 (12-29-2010 - CA)

Emir Bautista was terminated as a sworn peace officer by the Los Angeles County Sheriff‟s Department (Department) for engaging in a personal relationship with a known prostitute and heroin addict in violation of the Department‟s prohibited-association policy. On appeal Bautista challenges the trial court‟s denial of his petition for writ of mandate seeking to reverse the decision of the Los ... More...   $0 (12-07-2010 - CA)

In this appeal from the trial court’s clarification and enforcement of a divorce decree, Appellant Jacqueline Rutledge Henderson contends in her sole issue that the trial court abused its discretion by ordering her to sign voting agreements which changed the substantive property division of the parties’ agreement incident to divorce (AID). Because we hold that the trial court abused its discr... More...   $0 (12-02-2010 - TX)

In this appeal from the trial court’s clarification and enforcement of a divorce decree, Appellant Jacqueline Rutledge Henderson contends in her sole issue that the trial court abused its discretion by ordering her to sign voting agreements which changed the substantive property division of the parties’ agreement incident to divorce (AID). Because we hold that the trial court abused its discr... More...   $0 (12-02-2010 - TX)

Education Code section 51210 states: “The adopted course of study for grades 1 to 6, inclusive, shall include instruction . . . in the following areas of study: [¶] . . . [¶] (g) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exc... More...   $0 (11-30-2010 - CA)