In this breach of contract action under an insurance policy, the trial court entered a general judgment in favor of defendant, and also awarded defendant attorney fees under ORS 36.425(4). Plaintiffs appeal, challenging only the award of attorney fees, and we affirm.

The facts are not disputed. Plaintiffs' breach of contract claim was referred to court-annexed arbitration. ORS 36.400 to 3... More...   $0 (07-24-2008 - OR)

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals.

Smith invoked the next stage of the peer review process by requesting a formal hearing.

The judicial review committee sat as a trier of ... More...   $0 (07-22-2008 - CA)

[¶1.] James and Carol DeHaven (DeHavens) appeal from a judgment declaring that Don and Sherrie Hall (Halls) possess a permanent right-of-way easement over DeHavens' property, ordering Halls to reasonably maintain and repair the easement, and granting DeHavens $2,358 in damages as well as taxation of disbursements. Halls filed a notice of review. We affirm in part, reverse in part, and remand.
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This appeal concerns the tension between a church's right to protection under the Free Exercise Clause of the First Amendment and a church member's right to judicial redress under a claim for intentional tort. U.S. Const. amend. I; see also Tex. Const. art. I, § 6. The court of appeals generally affirmed the judgment in favor of the church member, concluding, among other things, that the church wa... More...   $0 (06-28-2008 - TX)

{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 (06-27-2008 - NM)

Relators, the Youngs, gave permission to James Shaw and John Hartnagel to e... More...   $0 (06-19-2008 - MO)

Tony Hanig applied to the City of Winner, South Dakota, for a liquor license for a proposed restaurant and lounge. The City Council unanimously denied the application after a public hearing at which a city building inspector advised that Hanig's site plan was inadequate and Hanig said he was not sure whether he would employ exotic dancers at the lounge. Hanig applied in state court for a writ ... More...   $0 (06-09-2008 - ND)

Beginning in 1982, Liutauras Dargis was employed as a correctional officer with the Cook County Sheriff's Office. In February 2000, Dargis suffered a stroke while on duty. When Dargis attempted to return to work in July 2001, the Sheriff's Office declined to reinstate him due to physical restrictions imposed by Dargis's physician, placing him instead on leave without pay. After exhausting h... More...   $0 (05-17-2008 - IL)

This is an appeal from an arbitration award in favor of appellee, Daniels & Daniels. In an opinion and judgment dated February 13, 2008, we reversed the trial court's judgment in part and remanded for entry of judgment consistent with our opinion because we concluded the trial court erred in affirming portions of the arbitration award. Appellants filed a motion for rehearing. We grant the motion f... More...   $0 (05-16-2008 - TX)

In Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055 (Lockyer), this court concluded that public officials of the City and County of San Francisco acted unlawfully by issuing marriage licenses to same-sex couples in the absence of a judicial determination that the California statutes limiting marriage to a union between a man and a woman are unconstitutional. Our decision in ... More...   $0 (05-16-2008 - CA)

This case poses the specific question whether, for purposes of worker's compensation insurance, persons who make deliveries of newspapers for the newspaper publisher Antelope Valley Press (AVP) are independent contractors or employees. The question arises not under a claim for worker's compensation benefits by one of the newspaper carriers (carriers), but rather with respect to the insurance p... More...   $0 (04-30-2008 - CA)

Frederick Eldred Renneke (Renneke), a past recipient of Supplemental Security Income benefits, appeals the district court's1 sua sponte dismissal of his case for lack of subject matter jurisdiction based on Renneke's failure to exhaust administrative remedies. Upon de novo review, see In Home Health, Inc. v. Shalala, 272 F.3d 554, 559 (8th Cir. 2001) (holding a district court's dismissal for l... More...   $0 (04-25-2008 - NE)

This appeal arises from a landlord-tenant dispute. William and Yuko Colthurst (the landlords) leased their home in Tyler to Tim and Stephanie (Scholler) Williams (the tenants) in a written lease signed on March 6, 2000. The lease provided for a term of two years beginning on May 1, 2000, and ending April 30, 2002. The landlords= home was available for lease for an extended period of time becaus... More...   $0 (04-04-2008 - TX)

On August 18, 1971, Grey Forest annexed 47.67 acres of land, commonly referred to as the "Coggeshall subdivision," into the city limits. On February 26, 19... More...   $0 (04-04-2008 - TX)

This matter involves a dispute over methods used to control the deer population within the Town of Hollywood Park ("the Town"). The Hollywood Park Humane Society ("the Humane Society") and several Hollywood Park residents brought suit against the Town contesting several Town ordinances related to the management of the deer. Ultimately, the case proceeded to trial with the Humane Society and a sing... More...   $0 (04-04-2008 - TX)

KAUGER, J.:

¶1 The issue presented is whether an aunt and uncle have any right whatsoever to participate in a review proceeding for placement of nieces and a nephew when they have never had custody of the children, have never acted in loco parentis, and are not persons guaranteed to be allowed to intervene pursuant to 10 O.S. Supp. 2002 §7003-7.1(C).1 Under the facts of this cause, a prop... More...   $0 (04-01-2008 - OK)

In this original petition for extraordinary relief, we examine statutory provisions that afford remedies to whistleblowers who are retaliated against for lawfully disclosing information regarding purportedly fraudulent activity in furtherance of Nevada's False Claims Act[1] (FCA). In particular, we address whether the FCA's anti-retaliation remedies are limited to those whistleblower ... More...   $0 (03-31-2008 - NV)

During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H. Sub. S.B. 244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L. 2007, ch. 111, secs. 1-6. Although the legislature repeale... More...   $0 (03-14-2008 - KS)

Appellants J. Stephen Spencer and Kippling L. Spencer appeal from the trial court's orders, entered after a jury trial, granting appellees Noel Douglas Vaughn and Catherine Gay Vaughn, Kippling Spencer's parents, access to their grandchildren M.N.Y. and S.N.S. They argue that the grandparent visitation statute then in effect is unconstitutional on its face and as applied to them. They further argu... More...   $0 (03-06-2008 - TX)

This appeal concerns an application to demolish a building located in downtown Fresno and expand a parking lot onto the cleared land. The building is one of two nearly identical 90-year-old apartment buildings located next to one another. After receiving the site plans, the City of Fresno (City) (1) decided not to list either building in the local register of historic resources, (2) rejected a... More...   $0 (02-19-2008 - CA)

He contends he has the right to pursue a civil action for damages once the State Pers... More...   $0 (02-15-2008 - CA)

Masteneh Ahmadi-Kashani appeals from a judgment entered against her after the court granted a motion for summary judgment. Ahmadi-Kashani sued her employer, The Regents of the University of California, and her supervisor, Mani Vannan, M.D. (collectively the Regents), alleging sexual harassment in violation of the Fair Employment and Housing Act (FEHA). The court granted the summary judgment af... More...   $0 (01-31-2008 - CA)

Plaintiff, Bobby Ford, an inmate in the Illinois Department of Corrections (DOC), filed a complaint against defendants, Roger E. Walker, Jr. (DOC's Director); Administrative Review Board (Administrative Board) person Sherry Benton; Illinois Prisoner Review Board (Prisoner Review Board) Chairman Norman Suna; Formal Head Warden Designee Unknown "PP"; Adjustment Committee Chairperson David A. L... More...   $0 (01-29-2008 - IL)

The principal question that we must resolve in this appeal is whether the California Coastal Act of 1976, Public Resources Code section 30000 et seq. (the Coastal Act)1 empowers the California Coastal Commission (the Commission) to declare that property is an "environmentally sensitive habitat area" (ESHA) (§ 30240) during an administrative appeal from a local government's grant of a coas... More...   $0 (01-25-2008 - CA)

Plaintiff, Roger Szewczyk, served as a sergeant in the Village of Richmond (Village) police department from 1995 to 1999. In 1999, Kevin Brusek, then the Village president, appointed him police chief. In 2005, Brusek sent plaintiff a letter announcing that he was "terminated" from office. After three votes, the five members of the Village board of trustees voted four to one to end plaintiff's ... More...   $0 (01-18-2008 - IL)