The Medicare Act, 42 U.S.C. §§ 1395 et seq., contains a "disproportionate share hospital" (DSH) provision which permits additional reimbursement to hospitals that handle a disproportionate share of low-income patients. In the mid-1990s, many hospitals, including Plaintiffs, sued the Secretary(1) of Health and Human Services (HHS), claiming that his regulations improperly interpreted this provis... More...   $0 (10-22-2003 - OK)

This Court has elucidated the complex ... More...   $0 (10-21-2003 - MO)

1 This cause presents a discovery dispute in a suit brought by plaintiff/petitioner, William C. Heffron against defendant/real party in interest respondent, Illinois Emcasco Insurance Company.1 Although the suit-initiating trial court petition is not before us, it appears he sues to recover on an insurance policy (contract theory) and for bad faith denial of his insurance claim (tort theory) re... More...   $0 (10-13-2003 - OK)

On July 10, 2003, we entered an opinion in this matter partially granting the Governor's petition for a writ of mandamus and denying the counter-petition filed by twenty Legislators. Our opinion directed this court's clerk to issue a writ directing the Legislature "to proceed expeditiously with the 20th Special Session under simple majority rule." The impetus for the writ petition, and our op... More...   $0 (09-17-2003 - NV)

Several hundred products liability lawsuits filed in federal court against Ford Motor Company and Bridgestone/Firestone North American Tire, LLC (Firestone) concerning the allegedly defective designs of certain models of Firestone tires and the Ford Explorer are currently consolidated for pretrial proceedings in the Southern District of Indiana.1 This matter addresses 121 of those cases. Eac... More...   $0 (09-15-2003 - IN)

Relator, USAA Casualty Insurance Company ("USAA") seeks a permanent writ of mandamus following the denial of its motion to transfer for improper venue. USAA asserts that the trial court should have granted its motion because venue was improper in the Circuit Court of the City of St. Louis, and a writ of mandamus compelling the trial court to grant USAA's motion to transfer for improper venue is pr... More...   $0 (09-09-2003 - MO)

In this case, respondent Town of Sa... More...   $0 (09-03-2003 - CA)

This original petition for a writ of mandamus or certiorari challenges a district court order that granted the real party in interest partial summary judgment on petitioner's mechanic's lien foreclosure claim for relief and dismissed the accompanying lien. The district court ruled that a construction contract executed by petitioner and the real party in interest contained an enforceable mechan... More...   $0 (08-29-2003 - NV)

The Medicare Act, 42 U.S.C. §§ 1395 et seq., contains a "disproportionate share hospital" (DSH) provision which permits additional reimbursement to hospitals that handle a disproportionate share of low-income patients. In the mid-1990s, many hospitals, including Plaintiffs, sued the Secretary(1) of Health and Human Services (HHS), claiming that his regulations improperly interpreted this provis... More...   $0 (08-25-2003 - OK)

Appellants Shannon Emily Parker and Kelli Parker appeal from the probate court's denial of their motions for summary judgment and the court's corresponding ruling granting appellees Christy Lynn Parker and Robert Clinton Parker's motions for partial summary judgment. In three issues, appellants complain that the probate judge was without power to rule upon the parties' summary judgment motions ... More...   $0 (08-14-2003 - TX)

Appellants/cross-respondents, Harold Brewster ("Brewster") and the Board of Education of the City of St. Louis ("the Board") appeal from the judgment, after a bench trial, of the Circuit Court of the City of St. Louis pursuant to a petition in mandamus seeking enforcement of the Sunshine Law, chapter 610, et seq., RSMO 2000, (FN1) which was later amended and supplemented by a petition invoking sec... More...   $11200 (07-29-2003 - MO)

Appellants, some of the survivors and estates of Branch Davidians who died during the 1993 conflict at Mount Carmel near Waco, Texas, attempted to prove at trial that the United States government should be held liable under the Federal Tort Claims Act ("FTCA") for deaths and injuries of Branch Davidian sect members during the siege of their compound outside Waco, Texas on April 19, 1993. ... More...   $0 (07-15-2003 - TX)

The counties involved in these consolidated appeals maintain employee retirement plans under the County Employees Retirement Law of 1937 (CERL) as codified in 1947. (Gov. Code, § 31450 et seq.) The retirement boards in these counties are required to determine whether items of remuneration paid to employees qualify as "compensation" under section 31460 and "compensation earnable" pursuant to ... More...   $0 (07-11-2003 - CA)

Workers' compensation laws are to be "liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in the course of their employment." (Lab. Code, § 3202.) Toward that end, Labor Code section 5402, subdivision (b), provides that "[i]f liability is not rejected [by the employer] within 90 days after the date the claim form is filed under ... More...   $0 (06-26-2003 - CA)

On March 12, 2002, the law firm of Conner & Winters, P.C., on behalf of certain taxpayers and other citizens, submitted a written request to the City of Oklahoma City (City) under the provisions of the Oklahoma Open Records Act (Act), 51 O.S.2001, §§ 24A.1 et seq. The firm requested permission to inspect and copy all documents pertaining to a proposed lease of City property to Bass Pro Shops (B... More...   $0 (06-25-2003 - OK)

... More...   $0 (06-17-2003 - MO)

Barratt American, Incorporated is a real estate developer of residential subdivisions. Barratt contends the City of Rancho Cucamonga (City) overcharges for building permit and plan review fees. In May 2002, Barratt filed a petition for writ of mandate and complaint against the City, challenging the fees, seeking a refund of $143,000 for fees paid on a 123-unit subdivision, and challenging Res... More...   $0 (06-11-2003 - CA)

Braden Trust planned to construct farm-worker housing on its farm and believed that under state law it was not required to obtain building permits from Yuma County for the construction. The County disagreed. The trial court ruled that Braden Trust is exempt from the permit requirements because the farm-worker housing is incidental to farming and agriculture. For the reasons discussed below... More...   $0 (06-09-2003 - AZ)

In May of 2001, Marcelo, who was eighty-eight years old, suffered injuries after he fell while bathing. Marta, Cristina, Carlos, Migue... More...   $0 (05-30-2003 - TX)

{1}Two metropolitan court judges, Judge Sharon Walton and Judge Sandra Clinton (Appellants), appeal a district court order granting a petition for writ of prohibition and writ of superintending control in favor of Defendant Clinton Walker (Defendant). The district court determined that Defendant's notice of excusal with respect to Judge Walton, which he filed within ten days of his rearraignment o... More...   $0 (05-20-2003 - NM)

Plaintiffs sued American Family Mutual Insurance Company ("American Family") for breach of contract on behalf of themselves and similarly situated plaintiffs nationwide. After an eight day hearing, the trial court certified the class. American Family sought relief by way of writ of prohibition. This Court issued a preliminary writ in August 2002, prohibiting the trial court from taking any furt... More...   $0 (05-13-2003 - MO)

Petitioners operate a cabaret in the City of Beverly Hills, pursuant to the adult entertainment regulatory permit (permit) required by City's municipal code. At all times relevant to this appeal, Petitioners and City were engaged in federal litigation, Nightlife Partners, Ltd., et al. v. City of Beverly Hills, U.S. District Court Case No. CV 98-10266 RAP, related to City's regulation of adu... More...   $0 (04-24-2003 - CA)

In this mandamus proceeding, relator, a defendant in a criminal proceeding, asks this court to compel the trial judge to dismiss an indictment pursuant to a civil compromise under ORS 135.705, set out below. Relator argues that the trial judge had agreed that she would dismiss the indictment against him under certain conditions and that he has complied with those conditions. Because the trial j... More...   $0 (03-27-2003 - OR)

1. This appeal challenges a court order limiting discovery and independent investigation before trial. Appellant Paul Schmitt appeals from a jury verdict finding that appellee Richard Lalancette was not liable to Schmitt in connection with a house inspection that Lalancette performed for Schmitt. Schmitt claims Lalancette's inspection failed to identify serious structural f... More...   $0 (03-21-2003 - VT)

Count I of plaintiff's petition alleges that prior to September 1, 1989, she had been employed by Fleming Company, Inc., (Fleming) in Joplin, Mis... More...   $0 (03-20-2003 - MO)