Mandamus Law
 
Mulligan Law Firm, -v- Zyprexa MDL Plaintiffs' Steering Committee II

This interlocutory appeal concerns the attorney compensation structure established by the district court in this ongoing multidistrict litigation ("MDL"), and the applicability of that compensation structure to the Mulligan Law Firm ("Mulligan"). Mulligan represents more than two thousand plaintiffs in upwards of seventy cases that have been transferred by the Judicial Panel on Multidistrict Litig... More...   $0 (02-08-2010 - NY)

Mulligan Law Firm v. Zyprexa MDL Plaintiffs' Steering Committee

24 This interlocutory appeal concerns the attorney
25 compensation structure established by the district court in this
26 ongoing multidistrict litigation ("MDL"), and the applicability
27 of that compensation structure to the Mulligan Law Firm
28 ("Mulligan"). Mulligan represents more than two thousand
29 plaintiffs in upwards of seventy cases that have been transferred
30... More...
   $0 (02-03-2010 - NY)

Charles M. Cave v. Calvin Elliott, Jr.

This appeal arises from the termination of appellee, Calvin Elliott, Jr., from his position as a Deputy Sheriff with the Howard County Sheriff’s Office (“Sheriff’s Office”) on October 28, 2005. On December 14, 2005, Elliott filed a complaint for a show cause order in the Circuit Court for Howard County pursuant to the Law Enforcement Officers’ Bill of Rights (“LEOBR”), Maryland Code ... More...   $0 (01-27-2010 - MD)

Royce Homes, L.P. v. Deborah F. Bates

Appellant, Royce Homes, L.P., appeals the order of the trial court confirming an arbitration award and final judgment in favor of appellees, a group of homeowners (“homeowners”). In three issues, Royce Homes argues that (1) the trial court abused its discretion by failing to appoint the arbitrator specified in the parties’ arbitration agreement; (2) the trial court erred in failing to vacate... More...   $0 (01-22-2010 - )

Life Forms, Inc. v. The Woodlands Operating Company, L.P. and The Woodlands Land Development Company, L.P.

In this appeal, we must determine whether the defendants conclusively established their limitations defense. The appellant contends the trial court erred: (1) in entering summary judgment in the face of unrefuted evidence of fraudulent concealment; (2) in determining that the appellant's fraud claims accrued more than four years before the suit was filed; and (3) in failing to grant a continuance ... More...   $0 (01-14-2010 - TX)

Edward A. Green v. Wilderness Ridge, L.L.C.

This case presents the court with a little utilized area of the law—private condemnation. The plaintiffs seek further review of a district court order granting the defendant’s action for private condemnation and selecting the defendant’s proposed route of condemnation. While not disputing the need for private condemnation, the plaintiffs challenge the selection of the route, asserting that t... More...   $0 (01-08-2010 - IA)

Cell Therapeutics, Inc. v. Lash Group, Inc.

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...   $0 (01-06-2010 - WA)

David R. Stone v. Instrumentation Laboratory Company

In this appeal, we address the interpretation of a provision of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, governing the filing of whistleblower lawsuits in federal district court. The parties acknowledge that the Sarbanes-Oxley Act expressly provides a United States District Court jurisdiction to entertain a whistleblower action. However, they disagree as to whether a whistleblower plain... More...   $0 (01-03-2010 - MD)

Sunset Sky Ranch Pilots Association v. County of Sacramento

The County of Sacramento declined to renew a conditional use permit for a privately owned airport. A mandamus petition seeking to prevent the airport‟s closure was denied. The Court of Appeal reversed, holding that the county‟s action amounted to a “project” subject to the requirements of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq. (CEQA).)1 The Court of... More...   $0 (12-29-2009 - CA)

Pro's Sports Bar & Grill, Inc. v. City of Country Club Hills

This is a dispute between a bar, Pro’s Sports Bar & Grill (“Pro’s”), and the City of Country Club Hills (the “City”) over a liquor license. Pro’s claims

On appeal, Pro’s does not rely on its 1 equal protection claim. that it was given the standard liquor license for bars in Country Club Hills. The City claims that the bar was given a license that allows it to operate only wi... More...
   $0 (12-17-2009 - IL)

Pro's Sports Bar & Grill, Inc. v. City of Country Club Hills

This is a dispute between a bar, Pro’s Sports Bar & Grill (“Pro’s”), and the City of Country Club Hills (the “City”) over a liquor license. Pro’s claims

On appeal, Pro’s does not rely on its 1 equal protection claim. that it was given the standard liquor license for bars in Country Club Hills. The City claims that the bar was given a license that allows it to operate only wi... More...
   $0 (12-16-2009 - IL)

Kristin M. Perry v. Arnold Schwarzenegger

Proposition 8 amended the California Constitution to provide that only marriage between a man and a woman is valid or recognized in California. Two same-sex couples filed this action in the district court alleging that Proposition 8 violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The official proponents of Proposition 8 (“Proponents”) intervened to defend the... More...   $0 (12-11-2009 - CA)

Golden Drugs Co., Inc. v. David Maxwell-Jolly

Golden Drugs Co., Inc., doing business as Golden Drugs Pharmacy (Pharmacy), appeals from a judgment denying its petition for a writ of mandamus (Code Civ. Proc., § 1085), which challenged the termination of Pharmacy‟s Medi-Cal provisional provider license by defendant Sandra Shewry, as then director of the Department of Health Care Services (the Department). (Health & Saf. Code, § 20 [name cha... More...   $0 (12-09-2009 - CA)

Schellinger Brothers v. City of Sebastopol

It is probably a truism that since adoption of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.1 (CEQA)) in 1970, every developer has at some point before construction starts ground his teeth or clenched her fists in frustration while enduring the often lengthy process leading to certification of an environmental impact report (EIR) for the proposed project. This app... More...   $0 (12-02-2009 - CA)

Conley J. Thompson v. Logan City

¶1 Logan City (the City), Logan City Board of Adjustment (the Board), and members of the Board appeal the district court's grant of summary judgment in favor of Conley J. Thompson and its determination that the Board's land use decision, which granted an application to establish a legal nonconforming use, was illegal. The City claims that the district court erred in concluding that the Board's de... More...   $0 (11-19-2009 - UT)

Cell Therapeutics, Inc. v. Lash Group, Inc.; Documedics Acquisition Co., Inc.

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...   $0 (11-19-2009 - WA)

Beulah Addison v. Lochearn Nursing Home, LLC d/b/a FutureCare Lochearn

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More...   $0 (11-13-2009 - MD)

Martel Investment Group, L.L.C., v. Town of Richmond, et al.

Martel Investment Group, LLC (Martel) appeals from a Superior Court decision granting summary judgment in favor of the defendant, Town of Richmond (Richmond or town).1 This case came before the Supreme Court for oral argument on September 29, 2009, pursuant to an order directing both parties to appear and show cause why the issues raised by this appeal should not summarily be decided. After hearin... More...   $0 (11-09-2009 - RI)

Nader Automotive Group, LLC, et al. v. New Motor Vehicle Board, Volkswagen of America, Inc.

In these two consolidated cases, plaintiffs Nader Automotive Group, LLC, and its general manager, Nader Eghtesad, (collectively Nader) protested Nader‟s termination as franchised dealers of Volkswagen of America, Inc., and Audi of America, Inc., the real parties in interest. The New Motor Vehicle Board (board) dismissed the protests based on Nader‟s failure to comply with authorized discovery ... More...   $0 (11-09-2009 - CA)

Monsi Kassa Tafari L'Ggrke v. Rebecca Lynn Sherman

¶1 The dispositive issue presented is whether Monsi Kassa Tafari L'ggrke (appellant) should be granted leave to file his petition for certiorari out of time because he did not receive actual notice of the opinion of the Court of Civil Appeals (COCA) until after the mandate had been issued. Because actual notice of an appealable event triggers the time to file, the mandate is recalled and the appe... More...   $0 (11-03-2009 - OK)

Nancy Kessling v. Friendswood Independent School District and Patricia Hanks

Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a... More...   $0 (11-03-2009 - TX)

Ford Motor Credit Company v. Nicole Perrell, et al.

John and Sarah Shumaker, appellees,1 filed a class action complaint in the Circuit Court for Howard County against Ford Motor Credit Company (“FMC”), appellant, for alleged violations of the following statutes: 1) Maryland’s Credit Grantor Closed End Provisions (“CLEC”), Md. Code (1975, 2005 Repl. Vol.), Commercial Law Article (“CL”) §§ 12-1001 et seq.; 2) Maryland’s Consumer Pro... More...   $0 (11-02-2009 - MD)

Citizens For Cold Springs v. City of Reno

In this appeal, we examine whether citizens have standing to challenge a land annexation if they do not own the property subject to annexation. Consistent with our prior holdings granting citizens the right to challenge land-use decisions and the language of NRS 268.668, we conclude that citizens may challenge an annexation even if the annexation does not include their property. In this, we exp... More...   $0 (10-15-2009 - NV)

Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

The Board of Trustees of the Leland Stanford Junior University (“Stanford”) appeals a final judgment that the asserted claims of U.S. Patents No. 5,968,730 (“’730 patent”), No. 6,503,705 (“’705 patent”), and No. 7,129,041 (“’041 patent”) are invalid for obviousness. Bd. of Trs. v. Roche Molecular Sys., Inc., 563 F. Supp. 2d 1016 (N.D. Cal. 2008) (“Invalidity Opinion”). Ro... More...   $0 (10-05-2009 - CA)

Andrew Buesa, et al. v. City of Los Angeles

This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured d... More...   $0 (10-02-2009 - CA)

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