Defendant-appellant General Dynamics Armament and Technical Products, Inc. (“General Dynamics”), seeks to appeal from the district court’s denial of its summary judgment motion in an action arising from the premature explosion of a mortar cartridge manufactured by General Dynamics during an army training exercise in Hawaii.1 The explosion killed Oscar Rodriguez and injured Samuel Oyola-Perez... More...   $0 (11-30-2010 - HI)

Karen Scruggs Simmons, individually and as representative of the Estate of Brandon Scruggs, appeals the trial court's order dismissing her suit, with prejudice, against Texoma Medical Center ("TMC"). We affirm.

BACKGROUND

The following facts are taken from Simmons' original and amended petitions. Having overdosed on the antipsychotic drug, Loxapine, Simmons' son, Brandon Scruggs, was... More...   $0 (11-30-2010 - TX)

Plaintiffs Daniel McCarthy and Colleen Carroll appeal the judgment of the district court dismissing their action brought under 42 U.S.C. § 1983. Plaintiffs allege that the City of Cleveland’s decision to enforce its traffic camera ordinance against drivers who lease their cars constituted an unconstitutional taking of private property without just compensation because the ordinance origi... More...   $0 (11-16-2010 - OH)

This case arises from two condemnation actions brought by Plaintiff-Appellee County of Hawai‘i (Appellee or the County). In both actions Appellee sought to condemn property belonging to Defendant-Appellant C&J Coupe Family Limited Partnership (Appellant) (1) for use as a public highway (Bypass). (2) 1250 Oceanside Partners (Oceanside), a development company that was to build the Bypass through a... More...   $0 (11-10-2010 - HI)

Scott Louis Keck brings an appeal and a petition for writ of mandamus from the trial court’s entry of a protective order prohibiting him from seeing his minor child. The application for the protective order was filed by the child’s mother, Shannon Michelle Loftin. In his appeal and petition, Keck makes several allegations of error by the trial court, including that the court (1) erred in con... More...   $0 (11-09-2010 - TX)

This appeal concerns the sufficiency of a petition for writ of mandate filed by what have come to be known as “Birthers,” people who claim President Barak Obama is not a natural born citizen of the United States of America and, hence, is ineligible to be the President.

Plaintiffs Alan Keyes, Wiley S. Drake, Sr., and Markham Robinson appeal from the judgment of dismissal entered after th... More...   $0 (10-29-2010 - CA)

Cevia Fleming sued Allstate Insurance Company, Allstate Indemnity Company, and Allstate Property & Casualty Insurance Company (collectively, "Allstate") for anticipatory breach of contract for Allstate's alleged failure to comply with the terms of a Rule 11 Agreement it entered into with Fleming and a putative class of similarly situated individuals. See Tex. R. Civ. P. 11. The district court gra... More...   $0 (10-24-2010 - )

Larry Nail appeals the dismissal of his lawsuit against Eagle’s Nest Christian Fellowship Church, Inc., n/k/a Summit Christian Center (“ENCF”) and its senior pastor Rick Godwin. The dismissal order at issue, however, was entered in compliance with this court’s own order in In re Godwin, 293 S.W.3d 742 (Tex. App.—San Antonio 2009, orig. proceeding). In that original proceeding, we consi... More...   $0 (10-20-2010 - TX)

Stephen Finley, appearing pro se, appeals from the trial court's order granting summary judgment in favor of appellees Corwin Ray Fargason and the law firm of Harding, Bass, Fargason, Booth & St. Clair, L.L.P. (collectively, "Fargason"). Finley contends that the trial court erred in granting summary judgment on his claim against Fargason for legal malpractice. We affirm the order of the trial cou... More...   $0 (10-15-2010 - TX)

Maple Street A.M.E. Zion Church (Church) and the City of Williamsport and City Council of the City of Williamsport (collectively, City) file cross-appeals from the order of the Court of Common Pleas of Lycoming County (trial court) striking a condition requiring the Church to obtain a written license for eight off-street parking spaces and otherwise affirming the City Council of the City of Willia... More...   $0 (10-08-2010 - PA)

This consolidated appellate proceeding, consisting of an appeal and a petition for writ of mandamus, arises out of the trial court’s granting of a motion for judgment nunc pro tunc in which the trial court changed dates in the Agreed Final Decree of Divorce. We modify the trial court’s “Order on Motion for Judgment Nunc Pro Tunc” by deleting certain portions of the order and, as modified,... More...   $0 (10-07-2010 - TX)

David D. Smith appeals from the district court’s decision to deny his request for costs and attorney fees he incurred while compelling Washington County to issue him a residential building permit.

II. FACTUAL AND PROCEDURAL BACKGROUND

In the fall of 2006, David D. Smith, the appellant, bought an eighty-acre parcel near Midvale, Idaho. Sometime in early 2007, Smith sought a permit f... More...   $0 (10-06-2010 - ID)

This interlocutory appeal from a temporary injunction concerns whether Kirk Kennedy, a former in-house counsel and corporate secretary for Gulf Coast Cancer & Diagnostic Center at Southeast, Inc. (Gulf Coast), is entitled to retain, for his own use, a copy of a legal opinion memorandum concerning Gulf Coast’s potential liability for its former executive’s alleged misconduct. Kennedy solicited... More...   $0 (09-23-2010 - TX)

This is the second appeal from the certification of a consolidated “settlement only” nationwide class action that alleged an illegal home equity lending scheme involving two banks and a company that purchased second mortgage loans from them. Certain members of the class (the “Objectors”) contest the District Court’s decisions certifying that class and approving the class settlement. As i... More...   $0 (09-23-2010 - )

The governing board of Selma Community Hospital (also SCH) terminated the hospital privileges of Brenton R. Smith, M.D., and Smith filed a petition for writ of mandamus seeking to have his hospital privileges reinstated. Smith prevailed in the writ proceeding and also won when the hospital appealed. Hospital (2008) 164 Cal.App.4th 1478 [superior court‟s issuance of writ affirmed].) After the ap... More...   $0 (09-01-2010 - CA)

In Younger v. Harris, 401 U.S. 37 (1971), a federal court plaintiff sought a federal injunction to stop state court proceedings that he claimed would violate his federal constitutional rights. The Supreme Court said no, the federal courts would abstain, leaving the state courts to consider the federal constitutional issues that would arise in their proceedings.

In this unusual case, by cont... More...   $0 (08-27-2010 - IL)

Appellants, the Allen and Martha Lewis Revocable Trust and Martha A. Lewis, individually (“Lewis”), sued Daniel and Erin Perales (“Perales”) to establish title to land by adverse possession.[1] Lewis appeals the trial court’s grant of Perales’s motion for summary judgment, arguing that the trial court erred: (1) in failing to rule on or refusing to sustain Lewis’s special exception... More...   $0 (08-12-2010 - TX)

The plaintiff, Walter J. Prymas, appeals from the judgment of the trial court, rendered following a trial to the court, in favor of the defendants, the city of New Britain (city), William A. DeMaio, Sandra C. Loether and the New Britain board of parks and recreation (board). On appeal, the plaintiff claims that the court improperly failed to determine that his termination from his position of empl... More...   $0 (07-13-2010 - CT)

The plaintiff, David Greenfield, appeals
from the judgment of the trial court rendered in favor
of the defendant, Susan Reynolds, zoning enforcement
officer for the town of Westport, following the court’s
granting of the defendant’s motion to strike the plaintiff’s
complaint. On appeal, the plaintiff claims that the
court improperly determined that his complaint faile... More...   $0 (07-13-2010 - )

In this appeal, we consider whether NRS 202.3662, which provides that an application for a concealed firearms permit and the sheriff’s related investigation of the applicant are confidential, includes within its scope the identity of the permittee of a concealed firearms permit and any records of suspension or revocation generated after a permit is issued.

The Nevada Public Re... More...   $0 (07-01-2010 - NV)

¶1 The Rural Water, Sewer, and Solid Waste Management District No. 1 (Logan-1), filed an action in the Western District of Oklahoma against the City of Guthrie, an Oklahoma Municipality and the Guthrie Public Works Authority, a public trust (collectively Guthrie), claiming unlawful encroachment on its service area in an alleged violation of a federal law that protects rural water districts from c... More...   $0 (06-29-2010 - OK)

Plaintiffs-appellants and cross-appellees Bernstein & Grazian, P.C. (B&G), and the Estate of Isadore M. Bernstein, deceased (Bernstein),1 brought suit against B&G's former law partners defendants-appellees and cross-appellants Grazian & Volpe, P.C. (G&V), John Leonard Grazian (Grazian), and Richard S. Volpe (Volpe)2 for breach of contract and fiduciary duty, seeking an accounting, an injunction an... More...   $0 (06-25-2010 - IL)

The City of Cranston (the city) appeals from a Superior Court judgment declaring Constance Fravala (Constance)1 to be the common-law wife of Wilbur Phillips (Wilbur) at the time of his death on October 25, 2004, and Constance crossappeals2 from the same judgment. These two cases came before the Supreme Court for oral argument pursuant to orders directing the parties to appear and show cause why th... More...   $0 (06-24-2010 - RI)

This case arises under the Ellis Act, Government Code section1 7060, et seq. The Ellis Act gives landlords "the unfettered right," as outlined in the statute, to remove their residential units from the rental market (City of Santa Monica v. Yarmark (1988) 203 Cal.App.3d 153, 165) and means that cities cannot prevent residential landlords from going out of the landlord business. (§ 7060.7.)
More...   $0 (06-14-2010 - CA)

This litigation arises from a dispute over the scope of coverage afforded by a director's and officer's (D & O) liability insurance policy issued by Federal to Maritz. Maritz has obtained D & O insurance policies from Federal since 1985. Headquartered in St. Louis County, Maritz is a privately held company that has always been owned by lineal descendants of its founder, Edouard Maritz. Maritz has ... More...   $9000000 (05-29-2010 - MO)