Appellants, attorneys George R. Neely and Waverly R. Nolley, challenge the trial court's final judgment disposing of their claims asserted against appellees, Valencia L. Hubbard, Robert Ira Kahn, Ashley Specia, J. Felix Gonzales, Gloria Bean, Frederick Spencer Hubbard, Andrea Bobin, individually and as next friend of Lefreida Terrel Hubbard, Lisa Ann Salinas, individually and as next friend of ... More...   $0 (01-08-2004 - TX)

Plaintiff James M. DeBardeleben brings this appeal pro se under 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). His amended complaint alleged inter alia violations of his constitutional rights due to interference with the delivery of his mail from prison, inadequate treatment of his cough, and unspecified threats of impending phys... More...   $0 (01-06-2004 - CO)

James M. Turnbow (Turnbow) and Gloria N. Bratcher (Bratcher ) (collectively Relators) filed a Petition for Writ of Mandamus, along with suggestions in support and exhibits, in which they allege that Respondent erred in denying their Motion to Transfer Venue for a cause of action brought by Mark Lichtenfeld (Lichtenfeld) against Relators and pending before Respondent in the Circuit Court of St. Lou... More...   $0 (12-23-2003 - MO)

GTE Mobilnet of South Texas Limited Partnership, d/b/a Verizon Wireless (Verizon) filed a petition for writ of mandamus (No. 09-03-172-CV) and an interlocutory appeal (No. 09-03-141-CV), both of which arise from orders entered by the 60th District Court. In an order signed February 25, 2003, Judge Gary Sanderson denied Verizon's motion to compel arbitration. That same day, Judge Sanderson also ent... More...   $0 (12-19-2003 - TX)

On June 30, 2003, the governor approved an appropriation for public elementary and secondary education. He subsequently ordered that part of the appropriation not be distributed. (FN1) Fourteen school districts file a petition for writ of mandamus in this Court seeking to compel the distribution of the appropriated amounts. (FN2) As the governor's action is authorized by the Missouri Constitution,... More...   $0 (12-18-2003 - MO)

Lindsie D.L., (See footnote 1) a minor, by her next friend and legal guardian, Judy P., appeals the February 3, 2003, order of the Circuit Court of Grant County that dismissed what she styled as a "Petition or Motion for Visitation," in which she requested the circuit court to grant her the right to regular visitation with her minor half-sibling. We choose to treat this appeal as a petition ... More...   $0 (12-18-2003 - WV)

Petitioner Fisherman's Wharf Bay Cruise Corporation, doing business as "Red and White Fleet" (Red and White), competes against its sole and dominant competitor, real party in interest Blue and Gold Fleet, Inc. and affiliated entities (collectively, Blue & Gold), in providing regularly scheduled sightseeing tours on San Francisco Bay (bay cruises). Red and White filed an antitrust lawsuit agai... More...   $0 (12-17-2003 - CA)

Plaintiff, University Professionals of Illinois, Local 4100 of the Illinois Federation of Teachers, is a labor organization that represents workers employed by state universities (Local 4100). Plaintiff, Mitchell Vogel, is the president of Local 4100. The Illinois Board of Higher Education (IBHE) is a public body that coordinates educational, research, and public service programs for the state ... More...   $0 (12-15-2003 - IL)

Plaintiff Homer Morgan appeals the district court's decision to grant summary judgment in favor of defendant City of Wichita (City). The City cross-appeals from the court's decision as well. Morgan claims the district court committed error by granting summary judgment to the City. The City cross-appeals, claiming that the trial court should have dismissed the case on jurisdictional grounds and ... More...   $0 (12-12-2003 - KS)

Appellant Lavonda Gray, individually and as the surviving parent of Labroderick Gray ("Gray"), appeals the dismissal of her wrongful death suit against appellees, the City and County of Galveston, and the City's Park Board of Trustees. In one issue, Gray contends the trial court erred by granting appellees' pleas to the jurisdiction. Because all dispositive issues are clearly settled in law, ... More...   $0 (12-12-2003 - TX)

After Ms. Wendy J. Titelman lost custody of her two daughters to their father, she and others presented to the Juvenile Court of Cobb County for filing a petition for adjudication of deprivation. Appellants subsequently filed a petition for mandamus in superior court, alleging that Judge Juanita Stedman (Appellee) refused to allow filing of the deprivation petition or to sign any order or ... More...   $0 (12-01-2003 - GA)

We granted review to determine whether a city employee must exhaust both the administrative remedy that the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (FEHA) provides and the internal remedy that a city charter requires before filing an FEHA disability discrimination claim in superior court. We conclude the employee need not exhaust both administrative remedies, a... More...   $0 (12-01-2003 - CA)

In this appeal, Sandra Abraham (appellant) challenges a judgment of the superior court denying her petition for writ of administrative mandamus against the Workers' Compensation Appeals Board (WCAB). The City of Buena Park (the city), appellant's former employer, appeared as the real party in interest in the proceeding below. We affirm the judgment, finding the court was without jurisdiction ... More...   $0 (12-01-2003 - CA)

The plaintiff, JacQaus L. Martin, was committed to the custody of the Department of Correctional Services (DCS) on May 30, 1990, and is incarcerated at the Tecumseh State Correctional Institution (TSCI). Martin has been found guilty of misconduct at various disciplinary hearings and, as a result, has forfeited 32 months 15 days of good time. Of that time, forfeiture of 19 months 15 days was n... More...   $0 (11-21-2003 - NE)

Class Actions: DaimlerChrysler Corporation has filed and argued an interlocutory appeal with this Court challenging the trial court's certification of two nationwide classes for purposes of suing DaimlerChrysler on claims arising out of its design, manufacture, marketing, and sale of automobiles equipped with defective seatbelts. On appeal, DaimlerChrysler argues that the certification orders m... More...   $0 (11-21-2003 - TX)

Movant-Appellant David J. Gallo ("Gallo") appeals from the District Court's order that pursuant to an amendment to Rule 1.5 of the Local Rules of the United States District Court for the District of Arizona ("Rule 1.5"), Gallo no longer may appear before the District of Arizona without successful completion of a pro hac vice application.1 In his appeal, he argues that the rule is unconsti... More...   $0 (11-20-2003 - AZ)

The Civil Service Commission of the City of St. Louis, along with its members, (the Commission) appeals from the trial court's judgment prohibiting it from using promotional lists for battalion chief and fire captain that had previously expired. The Commission contends that the trial court erred in denying its motion to dismiss for lack of standing, issuing a writ of prohibition on a petition that... More...   $0 (11-18-2003 - MO)

Does an arbitration decision under a collective bargaining agreement (CBA) have preclusive effect in a civil suit for retaliatory discharge under Labor Code section 6310, subdivision (b)? We conclude it does not, unless (1) the CBA clearly and unmistakably provided for binding arbitration of the employee's statutory claim under the Labor Code, and (2) the arbitration was conducted in a manner... More...   $0 (11-17-2003 - CA)

Appellant Brandi Fox (Fox) filed a medical malpractice action against her surgeon, asserting his negligence during surgery caused a perforation of her small intestine and subsequent complications. During his deposition, the surgeon first raised the possibility that the perforation was caused by a malfunctioning stapler. Fox then filed an amended complaint asserting a products liability caus... More...   $0 (11-05-2003 - CA)

This case is an appeal from an order of the District Court for the District of Kansas, finding that Appellant, attorney Tim Butler, violated the Kansas Code of Professional Conduct and the Kansas Rules of Professional Conduct. Biocore Med. Techs., Inc. v. Khosrowshahi, 181 F.R.D. 660 (D. Kan., 1998). Butler asks this court to vacate these findings. For the reasons detailed below, we decline to ... More...   $0 (11-05-2003 - KS)

The law firm of Ecker & Standish was disqualified from representing petitioner Steven Leibowitz pursuant to our decision in Ciaffone v. District Court,[1] which addressed imputed disqualification based upon employment of a nonlawyer employee who had access to confidential or privileged information of an adverse party during the course of the employee's prior employment. For the reasons set fo... More...   $0 (11-03-2003 - NV)

Plaintiff-Appellees are disabled persons who have attended the Kansas State Fair in the past, and who plan to attend future fairs. They alleged intentional discrimination and violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, by Defendants-Appellants the State of Kansas, the Kansas State Fair Board, its members, and the general manager of the fair. Pla... More...   $0 (10-29-2003 - KS)

Plaintiff-appellant Nasrulla Khan appeals the dismissal of his 42 U.S.C. § 1983 action against the City of Ogden, Utah, certain City employees, and members of the Ogden City Council for allegedly failing properly to investigate and to prosecute Khan's claims that he was the victim of harassing phone calls and stalking. The harassing phone calls were limited to hang-ups, and the evidence of stal... More...   $0 (10-29-2003 - KS)

Appellant, David M. Dixon, M.D., brought this action against the Regents of the University of California (the Regents) for wrongful termination under the Fair Employment and Housing Act (FEHA) based upon employment discrimination and harassment. Dixon had been employed in the UCLA School of Medicine Residency Training Program, a three-year program with reappointments made each year. At the... More...   $0 (10-24-2003 - CA)

Plaintiff Hossain Sahlolbei, M.D., appeals from the denial of his motion for a preliminary injunction in this action arising from the termination of his privileges as a member of the staff of Palo Verde Hospital (PVH). We conclude PVH was required to provide plaintiff with a hearing prior to, not after, terminating his staff membership, and that plaintiff was entitled to an injunction reinsta... More...   $0 (10-24-2003 - CA)