Respondent Patricia Bernardi and the Open Monterey Project (collectively, Bernardi) filed a petition to enforce the California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.),1 in which they sought public records from appellant County of Monterey (the County) relating to a pending subdivision proposal known as the September Ranch project. After more than a year of litigation, the trial cour... More...   $0 (10-30-2008 - CA)

Appellant It’s the Berry’s, LLC d/b/a Mary Ellen’s (Berry’s) complains of a district court judgment granting possession of its leasehold to its landlord, appellee Edom Corner, LLC. Brought as an action for forcible detainer in justice court, the case was transferred to district court and there tried as though that court possessed original subject matter jurisdiction. Finding the district c... More...   $0 (10-28-2008 - TX)

Appellants Teresa Stendahl and Timothy Cannon own property adjacent to a 65-acre parcel re-zoned by appellee Cobb County Board of Commissioners (“the Boardâ€�) on the application of appellees Johnson Ferry Baptist Church and Wellstar Health System. Within 30 days of the re-zoning decision, appellants filed an action in the Superior Court of Cobb County in which they appealed the re-zoning decisi... More...   $0 (10-27-2008 - GA)

The Constitution protects everyone, the poor, the wealthy, the weak, the powerful, the guilty and the innocent. This court has held its guarantees extend to lawyers (Cunningham v. Superior Court (1986) 177 Cal.App.3d 336); dogs (more precisely their owners), (Phillips v. San Luis Obispo County Department of Animal Regulation (1986) 183 Cal.App.3d 372); and even politicians (Beilenson v. Superior C... More...   $0 (10-17-2008 - CA)

Daniel A. Batterman, a Boston attorney, brought suit in federal district court against several individuals associated with the Committee for Public Counsel Services ("CPCS"). The district court stayed proceedings, insisting that Batterman resolve his claims, or at least his leading claim, in state court. Batterman now appeals. The background events are as follows.

Batterman, a sole... More...   $0 (10-15-2008 - MA)

In March 2006, appellee Chief Judge Perry Brannen, Jr., notified the parties in a legal malpractice action filed in the Superior Court of Chatham County and assigned to Chief Judge Brannen that the lawsuit had been automatically dismissed by operation of law in January 2005 under the “fiveyear ruleâ€� set out in OCGA §§ 9-2-60 (b) and 9-11-41 (e), and that the sixmonth period within which the ... More...   $0 (10-11-2008 - )

This original proceeding stems from an appeal in a case concerning a complaint for partition or sale of certain Clark County real property. In that case, this court reversed the district court’s judgment transferring the property from petitioners to real parties in interest through a judicial sale and remanded the matter to the district court for further proceedings. When petitioners took step... More...   $0 (10-03-2008 - NV)

{¶1} Appellant, Richard P. Bricker, appeals the decision of the Preble County Court of Common Pleas dismissing his claim for damages against appellee, Board of Education of the Preble Shawnee Local School District ("the board"), after finding the board breached its employment contract with appellant. For the reasons that follow, we affirm the trial court's Preble CA2007-10-020 decision.

{Â... More...   $0 (09-29-2008 - OH)

The instant action is before this Court upon the appeal of Charles and Kathryn Beahm, Randy and Kathy Johnson, and the Jefferson City Council on Aging [hereinafter “Appellantsâ€�] from a January 4, 2007, order granting defendants', 7-Eleven, Inc. and Melissa Spinks [hereinafter “Appelleesâ€�], Motion for Summary Judgment. On appeal, the Appellants allege that errors were committed by the circu... More...   $0 (09-26-2008 - WV)

Joachim filed suit on August 4, 1999, in cause number 99-507,018, against Travelers Footnote asserting an underinsured motorist claim arising from an August 5, 1997, motor vehicle accident. On August 28, 2001, Joachim filed a notice of nonsuit on his entire case but did not obtain a signed order of dismissal by the trial court. At the time of nonsuit, Travelers had no claim for affirmative relief,... More...   $0 (09-25-2008 - TX)

Plaintiffs, Thelma and Richard Berry, appeal the trial court's grant of /' defendant The Parish of Jefferson's Exception of Prematurity. Finding merit to the plaintiffs' position on one issue, for the following reasons, we affinn in part, reverse in part, and remand. In their petition, plaintiffs allege that they are the owners of a parcel of land in Jefferson Parish located on Behrman Highway tha... More...   $0 (09-25-2008 - LA)

This action is before us for the third time on appeal.1 Plaintiffs and appellants John T. Mills, Peter A. and Cameron Howe Ministri; Thomas B. and Rosemary K. Mills TTEE; Jonathan A. Rauh; Eric W. Holt; Chris D. Wong; Donne Goodrich, as the executor of the estate of Juliette P. Goodrich;2 Evelyn W. Howe; and the Howe Family Corporation (collectively, Plaintiffs) challenge three rulings by the tria... More...   $0 (09-10-2008 - CA)

Appellant Agneta Dobos (“Dobos�) appeals from the trial court’s judgment denying her petition for writ of administrative mandate brought against Respondents Voluntary Plan Administrators, Inc., Long Term Disability and Survivor Benefit Plan, and Chief Administrative Office, County of Los Angeles (collectively, “Respondents�).

In her petition, Dobos challenged an administrative dec... More...   $0 (09-05-2008 - CA)

Before the Court are the following: (1) Appellant’s appeal of a district court’s order granting Appellee’s motion to compel responses and produce documents Appellant contends are protected by the attorney-client privilege; (2) Appellant’s companion petition for writ of mandamus seeking to compel the district court judge to vacate the order as it relates to the motion to compel; and (3) App... More...   $0 (09-02-2008 - GA)

This is a principally a takings case. In Dolan v. City of Tigard (1994) 512 U.S. 374, 386-391 and Nollan v. California Coastal Commission (1987) 483 U.S. 825, 836- 837, the United States Supreme Court adopted what is called a “nexusâ€� and “rough proportionalityâ€� test to be applied in an “exactionâ€� case; i.e. when a public entity conditions approval of a proposed development on the dedic... More...   $0 (08-29-2008 - CA)

Apotex Corp., Apotex, Inc., and Torpharm, Inc., (collectively, “Apotexâ€�) and Impax Laboratories, Inc., appeal judgments entered against them by the United States District Court for the Southern District of New York. Apotex and Impax were defendants in a multidistrict litigation initiated by plaintiffs Astrazeneca AB, Aktiebolaget Hassle, KBI-E, Inc., KBI, Inc., and Astrazeneca LP (collectively... More...   $0 (08-20-2008 - NY)

A doctor loses his hospital privileges because he did not comply with a hospital rule. Because the rule was applied retroactively, it was impossible for the doctor to comply. We conclude the doctor was denied a vested right. Defendant Los Robles Regional Medical Center (Hospital) appeals a judgment that granted a writ of mandate and overturned the Hospital's administrative decision. The Hospital's... More...   $0 (08-19-2008 - CA)

Land developers Anthony Cribbin and Peter Koulogeorge purchased property in Chicago with the intent of constructing apartment buildings on the property and then selling it at a profit. After they had owned the property for several years and incurred various expenditures in pursuit of their plans, the City of Chicago (City) rezoned the property, such that the planned construction was no longer allo... More...   $0 (08-15-2008 - IL)

On December 21, 2005, Stephen Sasnett was killed in an automobile accident at the intersection of 18th and Charlotte in Kansas City, Missouri. The accident occurred when Tina Jons ran the red light controlling her course of travel. A vehicle driven by Ronald Brooks struck Ms. Jons's vehicle. Ms. Jons's vehicle became airborne and landed on Stephen Sasnett's vehicle, causing his death.

On Ju... More...   $0 (08-15-2008 - )

In this original petition we consider two primary issues with regard to petitioner’s NRCP 25 motion to dismiss a deceased plaintiff’s loss of consortium claim. First, we address whether a defendant party who files a suggestion of death on the record is required to name a successor or personal representative for the deceased plaintiff to trigger NRCP 25’s 90-day limitation period. We clarif... More...   $0 (07-31-2008 - NV)

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between the inj... More...   $0 (07-30-2008 - NM)

David Bryson was convicted of rape and spent 19 years in jail until exonerated by DNA evidence. He then sued Oklahoma City and a number of officials, including Police Chemist Joyce Gilchrist, District Attorney Robert Macy, and former Oklahoma City Police Chief Sam Gonzales, alleging that they falsely procured his original conviction and then prevented him from obtaining access to DNA evidence that... More...   $0 (07-30-2008 - OK)

Golden Gate Water Ski Club (the Club), a private nonprofit organization dedicated to the recreational sport of water skiing, appeals from an order denying its petition for writ of mandate and from a judgment dismissing its complaint. The trial court’s rulings leave in place an order by the Contra Costa County Board of Supervisors (the Board) ordering destruction and removal of all the dwelling u... More...   $0 (07-27-2008 - CA)

Gallagher Headquarters Ranch Development, Ltd., Christopher Hill and Julie Hooper (collectively referred to as "Hill") appeal the trial court's summary judgment in favor of the defendants, the City of San Antonio, City Public Service, and San Antonio Water System (collectively, the "City"). The underlying lawsuit concerns the City's placement of an electrical transmission line across open space pa... More...   $0 (07-25-2008 - TX)

Appellants Anthony R. Jackson and James Nuñez filed suit against the City of Texas City and Debbie Lesco, in her capacity as city civil service director, (collectively, Texas City) seeking declaratory and injunctive relief related to their dismissal from the fire department. Jackson and Nuñez alleged that Texas City violated their rights to appeal their dismissals under the Civil Service Act (th... More...   $0 (07-25-2008 - TX)