This cause arises under 42 U.S.C. § 1983. Marco Outdoor Advertising, Inc., ("Marco") contends that the Regional Transit Authority ("RTA") deprived it of property without due process of law when, in violation of the Louisiana Public Bid Law, La. R.S. § 38:2211, et seq. ("Public Bid Law"), RTA arbitrarily awarded an advertising contract ("Contract") to an inferior bidder, Clear Channel Outd... More...   $0 (06-16-2007 - LA)

Ed Vanegas, Jimmy D. Halman, Sam Armstrong, Alex Carbajal, Roger Farrington, Curtis Huff, and Tito Betancur (appellants) brought this action against American Energy Services (AES) and its former shareholders, Niewoehner Partnership, L.P., RCH/HSJ/CCM/MCP I, L.P., Autry Stephens, John Carnett, Brack Blackwood, and Dennie Martin (appellees). Appellants were at-will employees of AES. Appellant... More...   $0 (05-14-2007 - TX)

Is the Court of Appeals lawfully constituted? Defendant Lincoln Loan Co. argues that it is not, because -- in defendant's view -- the provision of the Oregon Constitution that purports to authorize the legislature to establish courts was improperly adopted in 1910. It therefore follows -- again, in defendant's view -- that, when the legislature created the Court of Appeals by statute in 1969, i... More...   $0 (04-24-2007 - OR)

In this declaratory judgment action, a jury found that Tommie Thomas ("the Sheriff") did not act in good faith when he arbitrarily denied Webworld Marketing Group, L.L.C.'s application for a Sexually Oriented Business ("SOB") permit. The trial court granted the Sheriff's motion for judgment notwithstanding the verdict ("JNOV") and denied all relief Webworld sought against the Sheriff. In its s... More...   $0 (03-23-2007 - TX)

James and Rachel Drain, through their attorney Mike Bello, brought suit against Wells Fargo Bank, Minnesota, N.A. as trustee for ITLA Mortgage Loan Securitization 2002-1, LLC ("Wells Fargo"), Accredited Home Lenders, Inc., Fairbanks Capital Corp. ("Fairbanks"), and Basmajian T. Doyle,(1) alleging violations of several state and federal consumer protection laws. After Bello engaged in numerous i... More...   $0 (03-16-2007 - NM)

2 The following are basic facts gleaned from ... More...   $0 (03-15-2007 - OK)

On the evening of January 16, 2004 Courtney Foreman was a passenge... More...   $0 (03-09-2007 - TX)

Plaintiff brought this action under 28 U.S.C. § 1361 to compel investigation and prosecution of complaints he had submitted to the Attorney General alleging illegal activity by the Treasury Department's Office of Inspector General and the Judiciary Committee of the U.S. House of Representatives. He also requested "the right to seek civil damages" to redress "the criminal acts perpetrated again... More...   $0 (01-25-2007 - UT)

This appeal poses important questions about the application and interpretation of the one-year statute of limitations for bringing disciplinary charges against police officers. (See Gov. Code,1 § 3304, subd. (d) (hereafter § 3304(d)).)2 In this matter, the trial court denied a petition for writ of mandate and for injunctive relief filed by appellant Gregory W. Breslin and three other San Fr... More...   $0 (01-17-2007 - CA)

Plaintiff DEX Media, Inc., (DEX) brought claims against defendant National Management Services, Inc., (NMS) for breach of contract and for services sold and delivered. NMS brought a counterclaim alleging breach of a separate agreement. DEX appeals from the trial court's order denying its motion to compel arbitration of NMS's counterclaim. We reverse and remand for entry of an order compelling a... More...   $0 (01-10-2007 - OR)

Circuit Judge. This case involves a federal takings claim arising from the City of Rittman's operation of water wells that allegedly caused damage to plaintiffs. In our initial review of the district court's judgment, we requested that the Supreme Court of Ohio answer an important question of first impression involving a property owner's interest in the groundwater beneath his property. T... More...   $0 (01-09-2007 - OH)

Stephanie Steinert, a police officer for the City of Covina whose employment was terminated for misconduct, filed a petition for writ of administrative mandamus alleging that she was denied the protections of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.1) (the Act) while she was being interrogated by her supervisor. The trial court denied her petition... More...   $0 (01-05-2007 - CA)

At issue in this World War II reparations case is whether a suit seeking additional funds for victims of Nazi-era wrongs is justiciable. Claimants contend German companies owe "interest" on their payments to a reparations fund created with the substantial involvement of the United States and German governments to benefit Nazi victims or their descendants. The District Court held the claim... More...   $0 (10-10-2006 - NJ)

The funding for such services ceased at the end of fiscal year 2003. For several years in the 1990s, the general assembly appropriated, upon the governor's request, funds to the department of hea... More...   $0 (09-12-2006 - MO)

Jerome Davis, a state prisoner in Nebraska, appeals from two judgments. The first dismissed his petition under 28 U.S.C. § 1361 for a writ of mandamus against the Environmental Protection Agency (EPA) because of the availability of a statutory remedy. The second judgment dismissed a subsequen... More...   $0 (09-06-2006 - KS)

Jerome Davis, a state prisoner in Nebraska, appeals from two judgments. The first dismissed his petition under 28 U.S.C. § 1361 for a writ of mandamus against the Environmental Protection Agency (EPA) because of the availability of a statutory remedy. The second judgment dismissed a subsequen... More...   $0 (09-06-2006 - KS)

The trial courts in these consolidated cases held that the provisions of Washington's 1998 Defense of Marriage Act (DOMA) that prohibit same-sex marriages are facially unconstitutional under the privileges and immunities and due process clauses of the Washington State Constitution. King County and the State of Washington have appealed. The plaintiffs-respondents, gay and lesbian couples,... More...   $0 (07-27-2006 - WA)

Pursuant to Congress' Joint Resolution authorizing the President to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided" the September 11, 2001, al Qaeda terrorist attacks(AUMF), U. S. Armed Forces invaded Afghanistan. During the hostilities, in 2001, militia forces captured petitioner Hamdan, a Yemeni n... More...   $0 (06-30-2006 - DC)

In this mandamus action, Qwest Communications International, Inc. (Qwest), presents an issue of first impression in this circuit, namely, whether Qwest waived the attorney-client privilege and work-product doctrine, as to third-party civil litigants, by releasing privileged materials to federal agencies in the course of the agencies' investigation of Qwest. Qwest urges us to adopt a rule of "se... More...   $0 (06-21-2006 - CO)

Chase Manhattan brought this diversity suit against Moore to foreclose its mortgage on his home, order the home sold, and, if the proceeds of the sale were insufficient to satisfy Chase's debt, enter a deficiency judgment for the unpaid balance. Chase moved for sum-mary judgment, which the district judge denied. But on Chase's motion to reconsider, the judge, upon discovering that the do... More...   $0 (05-09-2006 - IL)

Chase Manhattan brought this diversity suit against Moore to foreclose its mortgage on his home, order the home sold, and, if the proceeds of the sale were insufficient to satisfy Chase's debt, enter a deficiency judgment for the unpaid balance. Chase moved for sum-mary judgment, which the district judge denied. But on Chase's motion to reconsider, the judge, upon discovering that the do... More...   $0 (05-09-2006 - IL)

When the defendants1 informed her in February 2003 that she would need to satisfy several conditions as part of her return to active status, ... More...   $0 (04-19-2006 - CA)

This is an appeal from a judgment denying former Los Angeles County Deputy Sheriff Jesse Zuniga's petition for writ of mandate. Zuniga seeks an order directing the Los Angeles County Civil Service Commission (Commission) to vacate its decision sustaining Zuniga's 10-month suspension following his indictment on felony charges, and award him back pay. We find the Commission lacked jurisdictio... More...   $0 (03-29-2006 - CA)

This is the third appeal arising from a contract bidding dispute between the plaintiff, Keefe-Shea Joint Venture (Keefe-Shea), the defendant, the City of Evanston (Evanston), and the intervenor, DiPaolo Company (DiPaolo). Keefe-Shea appeals from an order of the circuit court of Cook County granting summary judgment to Evanston, denying Keefe-Shea's motion for summary judgment, denying its requ... More...   $0 (01-15-2006 - IL)

1 The first impression issue presented in this appeal is whether plaintiff/appellant is exempt from the duties to collect, report and remit municipal sales tax by the language in 11 O.S.2001, § 21-109(A) which provides that tracts of land in excess of forty acres annexed to a municipality and used for commercial purposes shall not be subject to municipal taxes. We conclude that 11 O.S.2001, § 2... More...   $0 (10-18-2005 - OK)