| James R. Millsap, et al. v. McDonald Douglas Corporation |
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Section 510 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (ERISA), proscribes interference with a participant's rights under a qualified benefit plan. Section 502(a)(3) of ERISA provides the plan participant with his exclusive remedies for a § 510 violation. Under § 502(a)(3), the participant may bring a civil action to (1) enjoin any act or practice which viola... More... $0 (05-24-2004 - OK) |
| Save Our Springs Alliance and The Circle C Neighborhood Association v. The City of Austin; Circle C Land Corporation; and Stratus Properties, Inc. |
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The Save Our Springs Alliance, a non-profit, public-interest organization, and the Circle C Neighborhood Association brought suit in district court in Travis County to prevent development in the Barton Springs Zone in Austin, alleging that the City of Austin was granting development permits in violation of a city ordinance. The City of Austin, the Circle C Land Corporation, and Stratus Properti... More... $0 (05-07-2004 - TX) |
| Yolanda Navarro Flores v. Advanced Management Systems, Inc., et al. |
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Appellant Yolanda Flores contends that the trial court lacked jurisdiction to dismiss appellee Mark Sandoval's claims without prejudice, pursuant to a non-suit. We conclude that the trial court had jurisdiction and therefore affirm. Facts In August 2001, Sandoval asserted a claim for attorney's fees through a petition in intervention in a pending lawsuit. ... More... $0 (05-07-2004 - TX) |
| City of Lodi v. Randtron |
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In this consolidated appeal, defendant Randtron, a dissolved corporation, appeals from the summary judgment and mandatory injunction issued in favor of plaintiff, the "People of the State of California." However, since the City has no authority to act in the name of the People, we shall refer to plaintiff as the City of Lodi (hereafter the City).1 The injunction requires Randtron to ... More... $0 (05-05-2004 - CA) |
| Auto Nation USA Corpo, et al. v. Kebret I. Mohamed |
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By interlocutory appeal and petition for writ of mandamus, appellants, AutoNation USA Corp., AutoNation, USA, AutoNation, Inc., AutoNation, Inc. f/k/a Mercedes Benz of Houston–Greenway, and Houston Auto Imports Greenway, Ltd. d/b/a Mercedes Benz of Houston–Greenway (the AutoNation parties), challenge the trial court's order denying the AutoNation parties' second motion to compel arbitration. We... More... $0 (04-22-2004 - TX) |
| Michael G. Pagett v. Westport Precision, Inc. |
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The defendant, Westport Precision, Inc., appeals from the judgment of the trial court ordering the issuance of a writ of mandamus to the plaintiff, Michael G. Pagett, pursuant to General Statutes § 33- 946 (b) and (c). The order required the defendant to allow the plaintiff, a minority shareholder who was a former employee currently engaged in litigation against the defendant, to inspect... More... $0 (04-19-2004 - CT) |
| Patrick C. Arvia v. Lisa Madigan, Attorney General, et al. |
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At issue in this appeal is the constitutionality of section 11-501.8 of the Illinois Vehicle Code (625 ILCS 5/11-501.8 (West 2000)), commonly referred to as the "zero tolerance law." Generally, the zero tolerance law provides that any driver under the age of 21 who tests positive for the presence of alcohol or refuses testing upon a police officer's proper request is subject to summary suspensi... More... $0 (04-18-2004 - IL) |
| Autonation USA Corp., et al. v. Erika Green |
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By interlocutory appeal, appellants, AutoNation USA Corp.; AutoNation, USA; AutoNation, Inc.; AutoNation, Inc. a/k/a Mercedes Benz of Houston–North; Houston Auto Imports North, Ltd.; Houston Auto Imports North, Ltd. d/b/a Mercedes Benz of Houston North; AutoNation Inc., a/k/a Mercedes Benz of Houston–Greenway; Houston Auto Imports Greenway, Ltd. d/b/a Mercedes Benz of Houston–Greenway (collecti... More... $0 (04-11-2004 - TX) |
| Diane Molleur v. William Perkins, Executor (Estate of Leonard L. Clark), et al. |
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The plaintiff, Diane Molleur, appeals from the judgment rendered by the trial court granting the defendant William Perkins'1 motion to dismiss her appeal from the Probate Court for the district of Derby. The plaintiff claims that the trial court improperly dismissed her appeal after concluding that it lacked subject matter jurisdiction.2 We reverse the judgment of the trial court. Th... More... $0 (04-11-2004 - CT) |
| Raintree Homes, Inc. v. The Village of Long Grove |
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Plaintiffs, Raintree Homes, Inc., and Raintree Builders, Inc., filed a one-count amended complaint against defendant, the Village of Long Grove (the Village), seeking a declaratory judgment as to the validity of a Village ordinance requiring the payment of impact fees to the Village to obtain building permits and a refund of those fees paid by plaintiffs. The circuit court of Lake County dismis... More... $0 (03-29-2004 - IL) |
| Dwight D. Mathews, et al. v. Issiah Milton, et al. |
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At issue here is an alleged violation of section 404(a)(1) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1104(a)(1), and the equitable relief awarded pursuant to ERISA section 502(a)(3), 29 U.S.C. § 1132(a)(3). Chevron Corporation (Chevron) appeals from the injunction requiring it to modify its retirement plan records to reflect that six plaintiffs were involuntarily... More... $0 (03-27-2004 - CA) |
| Rocky Mountain Animal Defense v. Colorado Division of Wildlife, et al. |
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This action seeks a declaratory judgment, an injunction, and mandamus relief concerning article XVIII, § 12b (Amendment 14) of the Colorado Constitution, which prohibits trapping and poisoning of wildlife subject to limited exceptions. Plaintiff, Rocky Mountain Animal Defense, appeals the judgment entered after a bench trial refusing injunctive or mandamus relief and declaring that the ... More... $0 (03-25-2004 - CO) |
| United Investors Life Insurance Company v. Waddell & Reed Financial, Inc. |
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As part of its services, UILIC issues various types of insurance policies, including variable-annuity insurance policies. A variable-annuity insurance policy is an investment vehicle that combines aspects of insurance and securities. All of the W&R defendants are financial services organizations. W&R sold and serviced the variable-annuity insurance policies issued by UILIC. At the outset o... More... $45000000 (03-17-2004 - AL) |
| Sam Donabedian v. Mercury Insurance Company |
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Proposition 103, approved by the voters on November 8, 1988, requires automobile insurance companies to determine rates, premiums, and insurability based on certain rating factors. Plaintiff, whose automobile was insured with Mercury Insurance Company (Mercury), filed this action under the California Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200–17210), alleging that Mercu... More... $0 (03-11-2004 - CA) |
| CHANDLER (U.S.A.), INC. v. TYREE |
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1 The substantive issue in this proceeding involves whether the Commissioner of the State Insurance Fund1 was required to provide workers' compensation insurance to a company who competes with the Fund in providing workers' compensation insurance. Plaintiffs, three insurance entities with common ownership, Chandler (U.S.A.), National American Insurance Company, and Lagere & Walkingstick Insuran... More... $0 (03-09-2004 - OK) |
| Chandler (U.S.A.), Inc., National American Insurance Company, etc. v. Terry J. Tyree, et al. |
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1 The substantive issue in this proceeding involves whether the Commissioner of the State Insurance Fund1 was required to provide workers' compensation insurance to a company who competes with the Fund in providing workers' compensation insurance. Plaintiffs, three insurance entities with common ownership, Chandler (U.S.A.), National American Insurance Company, and Lagere & Walkingstick Insuran... More... $0 (03-09-2004 - OK) |
| State ex rel. L. David Ormerod, M.D., Relator, v. The Honorable Gene Hamilton, Presiding Judge, Circuit Court of Boone County. |
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Relator, L. David Ormerod, M.D., seeks a writ of mandamus to require Respondent to transfer the underlying case to Jackson County, Missouri. The alternative writ in mandamus is quashed, because venue is appropriate in Boone County, Missouri.
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| Dorena Harrison and Tina R. Joseph v. The City of New Braunfels |
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Appellants Dorena Harrison and Tina R. Joseph appeal from the dismissal of their cause for want of prosecution. In two issues on appeal, they contend that the court erred in dismissing the cause and in denying reinstatement. We will affirm the trial court's judgment. Factual and Procedural Background This case was filed in October 1995, based on an accident that occurred in January ... More... $0 (03-05-2004 - TX) |
| William Werst v. Three Fires Council of the Boy Scouts of America and The Boy Scouts of America |
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Plaintiff, William Werst, sued defendants, Three Fires Council of the Boy Scouts of America (the Council) and the Boy Scouts of America (BSA), seeking, inter alia, a declaratory judgment (735 ILCS 5/2--701 (West 2002)) that the revocation of Werst's BSA membership was inconsistent with the organization's rules. In another count of Werst's 10-count amended complaint, Werst sought a writ of manda... More... $0 (03-04-2004 - IL) |
| Little Rock School v. Joshua Intervenors |
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This case consolidates two appeals, both arising from the Little Rock School District's request for unitary status. First, the Joshua Intervenors1 appeal from the District Court's2 denial of their Motion for Recusal of District Judge and Vacating of Orders, Rulings, and Judgments. We review a district court's denial of recusal for abuse of discretion. See In re Hale, 980 F.2d 1176, 1178 (8t... More... $0 (03-03-2004 - AR) |
| The Estate of Dr. Alfred Novak; David Novak v. The Honorable John T. Flannagan |
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The court has consolidated these appeals on its own motion.(1) See Fed. R. App. P. 3(b)(2). In case No. 03-3065, David Novak (whom we shall call "Mr. Novak" to distinguish him from his father, Dr. Alfred Novak), acting as "authorized agent" for the Estate of Alfred Novak, appeals from the district court's order affirming a decision of the bankruptcy court granting the trustee's motion to sell a... More... $0 (02-20-2004 - KS) |
| JEROME D. BLOCK v. REBECCA VIGIL-GIRON |
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{1} Appellant Jerome Block, a current member of the Public Regulatory Commission (PRC), seeks a declaration that he is entitled to be put on the upcoming 2004 ballot for another term as Commissioner of the PRC. He was first elected to the PRC in 1998, won re-election in 2000, and now at the expiration of this four-year term seeks to run for a second four-year term. The New Mexico Constitut... More... $0 (02-16-2004 - NM) |
| Terry Horry v. City of Tulsa, et al. |
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1 The trial court plaintiff, Terry Horry (Horry), appeals a decision denying her application for a writ of mandamus addressed to the trial court defendants, City of Tulsa and others (City). BACKGROUND 2 Horry is a classified employee of City. For reasons not pertinent here, Horry was demoted. She appealed under provisions of the City's Charter and her appeal was heard by the Civil ... More... $0 (01-29-2004 - OK) |
| Pennfield Oil Company, a Nebraska corporation v. W.L. Winstrom, individually and as Personal Representative of the Estate of R.W. Winstrom and Andrew L. Winstrom. |
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This is an appeal from an interlocutory order of the district court for Douglas County denying a motion filed by the law firm of Lamson, Dugan & Murray, L.L.P. (Lamson firm), which sought leave to appear on behalf of Pennfield Oil Company, and disqualification of the law firm of Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O. (Fitzgerald firm), which has served as counsel for Pennfield Oil ... More... $0 (01-23-2004 - NE) |
| Geraldine Davis v. Mike Huckabee |
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Appellants, five members of the Phillips County, Arkansas, Quorum Court ("QC") appeal the district court's grant of summary judgment for defendants, various Arkansas state and county officials. Appellants' federal civil rights and constitutional claims arose from their four-day incarceration for refusing to vote in favor of an ordinance that would have referred a tax initiative to Phillips ... More... $0 (01-20-2004 - AR) |
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