Edward Smedsrud v. Cecil Powerll d/b/a Pappy's Corner |
1 The dispositive issue on certiorari is whether the Court of Civil Appeals [COCA] erred in affirming summary judgment for the defendant? We answer in the affirmative. I THE ANATOMY OF LITIGATION 2 Edward Smedsrud [Smedsrud] brought an action to recover for injuries he sustained upon the premises of Cecil Powell d/b/a/ Pappy's Corner [Owner]. This is Smedsrud's certiorari quest u... More... $0 (11-12-2002 - OK) |
Derek A. Ross v. Vicent R. Bryan |
Corps, appeals the district court's order denying the United States' motion to substitute the United States as the party defendant in this case and remanding the case to state court. Because we agree with the district court's finding that Bryan was not acting within the scope of his employment at the time of the accident in question, we affirm its order denying the motion to substitute the Un... More... $0 (10-31-2002 - VA) |
Suleman A. Moosa v. State Personnel Board of California, et al. |
The Board of Trustees of the California State University (the Trustees) demoted Suleman A. Moosa from full professor to associate professor at California State University, Chico (CSUC) for five years based on various actions by Professor Moosa which CSUC claimed constituted unprofessional conduct and/or the failure or refusal to perform the normal and reasonable duties of his position. On re... More... $0 (10-22-2002 - CA) |
Fulton County, et al. v. Congregation of Anshei Chesed |
The Congregation of Anshei Chesed, acting on behalf of the owner of a one-acre tract of land in Fulton County, filed an application with Fulton County for a use permit that would authorize use of the property, zoned residential and containing a single-family residence, as a place of worship. The Congregation also sought variances to alter a setback requirement and to delete an on-site parking... More... $0 (10-18-2002 - GA) |
City of Miami v. Post-Newsweek Stations Florida, Inc., etc., et al. |
On February 7, 2001, a 911 emergency call prompted the City of Miami Police to respond to a domestic dispute between Mayor Carollo and his wife at the Carollos' residence. The police incident report notes that Mrs. Carollo had a golf-ball size hematoma on her left temple, and states that Mrs. Carollo said her husband struck her with a hard object. Mayor Carollo was subsequently arrested and ... More... $0 (10-10-2002 - FL) |
District of Columbia v. The Honorable Natalia M. Combs Greene, et al. |
The District of Columbia and Verizon South, Inc.1 have a dispute arising out of a contract for services entered into in 1999 in anticipation of computergenerated problems resulting from the Y2K bug. The District claims that Verizon South did not fully perform and Verizon South claims that the District still owes $2 million. The substance of their contract claims has not been finally decided, h... More... $0 (09-10-2002 - DC) |
Rhode Island Department of Environmental Management, et al. v. United States of America, et al. |
The State of Rhode Island brought suit in the district court seeking to enjoin certain federal administrative proceedings on the ground that the proceedings infringed upon the state's constitutionally protected sovereign interests. Finding the state's arguments convincing, the district court enjoined the United States Department of Labor and three employees of a Rhode Island state agency from proc... More... $0 (09-09-2002 - RI) |
Maria Aguinda, et al. v. Texaco, Inc. |
These are consolidated appeals from judgments of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) dismissing two putative class actions for forum non conveniens. Plaintiffs are residents of the Oriente region of Ecuador and an adjoining area in Peru. Defendant is Texaco, Inc. ("Texaco"), a United States-based oil company, which, at the pertinent time, w... More... $0 (08-31-2002 - NY) |
John Daniel Reyes v. City of Lynchburg |
Plaintiff John D. Reyes appeals the district court's grant of summary judgment to the City of Lynchburg ("the City") on Reyes's 42 U.S.C. S 1983 claim. Reyes sought nominal damages under S 1983, an injunction against future enforcement of the City's parade ordinance, and a declaration that the City's parade ordinance was unconstitutional on its face and as applied to him. The district court foun... More... $0 (08-06-2002 - VA) |
Vogel Denise Newsome v. Equal Employment Opportunity Commission "EEOC", et al. |
Vogel Denise Newsome ("Newsome") appeals the district court's dismissal of her complaint against the Equal Employment Opportunity Commission and three of its employees (collectively, "EEOC"), for failure to state a claim upon which relief can be granted and for frivolity. Finding that this appeal is frivolous, we DISMISS the appeal and place Newsome on NOTICE that future frivolous appeals may subj... More... $0 (08-06-2002 - LA) |
Leonard Moschcau, et al. v. Mohave County, et al. |
1 In this opinion, we determine that a county's imposition of a transaction privilege tax pursuant to the authority of Arizona Revised Statutes section 42-6103 (Supp. 2001) is a "legislative" act subject to the initiative power reserved to the citizens of the county under Article 4, Part 1, Section 1(8) of the Arizona Constitution. BACKGROUND 2 Section 42-6103 authorizes small Arizona coun... More... $0 (07-12-2002 - AZ) |
The State ex rel. Nationwide Mutual Insurance Company v. Henson, Judge, et al. |
On April 1, 1994, appellant, Nationwide Mutual Insurance Company ("Nationwide"), terminated an agency agreement it had with appellee Hamilton Insurance Services, Inc., which had been incorporated by appellee Neil Hamilton. Hamilton filed an action in the Richland County Court of Common Pleas, alleging that Nationwide had wrongfully terminated the agency agreement. In his complaint, Hamilt... More... $0 (07-10-2002 - OH) |
Preferred Sites, LLC v. Troup County |
This case involves an application of the Telecommunications Act of 1996 (TCA) to the land use decisions of a local government. Pub. L. No. 104-104, 110 Stat. 56 (codified in scattered sections of 15 and 47 U.S.C.). Preferred Sites, LLC (Appellee) filed suit against Troup County, Georgia (Appellant), alleging the county's Zoning Appeals and Planning Board (the Board) violated § 704(a) of the TCA by... More... $0 (07-10-2002 - GA) |
County Security Agency, et al. v. The Ohio Department of Commerce v. Michael J. Betzold |
Michael J. Betzold, a freelance journalist, appeals a temporary restraining order (TRO) and superseding preliminary injunction preventing him from disclosing information contained in the registration records of private security guards working at the site of an ongoing labor dispute. Betzold received these records after requesting them from the Ohio Department of Commerce (ODC), although the ODC no... More... $0 (07-09-2002 - OH) |
Times Publishing Company v. City of Clearwater |
Times Publishing Company (the Times) appeals a circuit court order denying its petition for mandamus, declaratory judgment, and injunctive relief. In the petition, the Times sought an order compelling the City of Clearwater (the City) to release as public record all e-mail sent from or received by two city employees who used government-owned computers for communication. We conclude that e-mail... More... $0 (07-03-2002 - FL) |
Southern & Central Illinois Laborers' District Council v. Illinois Health Facilities Planning Board |
This is an appeal from the circuit court's denial of the motion to transfer venue filed by the Illinois Health Facilities Planning Board (defendant). The issue for review is whether the circuit court erred in denying defendant's motion to transfer. We affirm. I. FACTS Defendant is a regulatory body of the State of Illinois pursuant to the Illinois Health Facilities Planning Act (2... More... $0 (07-01-2002 - IL) |
United States of America v. Miami University; Ohio State University et al. |
Intervening Defendant-Appellant The Chronicle of Higher Education ("The Chronicle") contests the district court's grant of summary judgment and subsequent permanent injunction in favor of Plaintiff-Appellee the United States. Specifically, the district court concluded that university disciplinary records were "educational records" as that term is defined in the Family Education Rights and Priva... More... $0 (06-27-2002 - OH) |
In Re Coordinated Latex Glove Litigation |
In this opinion we discuss the two-pronged test for a strict liability manufacturing defect as applied to the production of latex gloves. (Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413, 432 (Barker).) This products liability action filed by plaintiff Christine McGinnis was the first to go to trial in a group of cases in coordinated proceedings involving allegations against various defenda... More... $0 (06-20-2002 - CA) |
Aron Lipman v. David Dye, d/b/a Arms Merchant |
Plaintiff-appellant Aron Lipman ("Lipman") appeals from an order of the district court denying his motion to enforce and implement the terms of a settlement agreement. The underlying action was dismissed after the parties represented to the court, on the eve of trial, that their dispute had been settled. Fresh difficulties arose between the parties, however, leading Lipman to move the district cou... More... $0 (06-17-2002 - MA) |
Jack L. Grimes v. City of Oklahoma City, et al. |
1 The instant matter concerns the constitutionality of a statute enacted by the legislature in November, 1999 pursuant to 1999 Okla.Sess. Laws, ch. 217, § 5, codified as 11 O.S. 2001, § 22-159. Also at issue are the provisions of two municipal ordinances, Oklahoma City ordinance no. 21,805 and Lawto... More... $0 (06-04-2002 - OK) |
Douglas Moffett v. Halliburton Energy Corporation, et al. |
Moffett was employed by Halliburton as a cementer from 1989 to 1994. During this time, Halliburton maintained an Income Disability Plan, which was subject to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001, et. seq. Defendant Trustees of the Halliburton Company Employees' Trust ("Trustees"), was initially responsible for administering the Plan. The Trustees, in turn, creat... More... $0 (05-30-2002 - WY) |
Shively v. Belleville Township High School District No. 201 |
The plaintiff, Joe Shively, brought an action in the circuit court of St. Clair County against defendants Belleville Township High School District No. 201 (School District), Leo Hefner, in his capacity as the superintendent of the School District, and the Board of Education, Belleville Township High School District No. 201 (Board). Shively's complaint sought equitable estoppel, a preliminary in... More... $0 (05-10-2002 - IL) |
Volkswagen of America, Inc. v. Andrew Ramirez, Sr. |
This is a product liability case. A Volkswagen Passat driven by Haley Sperling crossed the median of U.S. Highway 83 and collided with a vehicle driven by Diana Alice Ramirez-Garza and occupied by her fourteen year old daughter, Jacquelyn Renee Guerra. Diana Alice Ramirez-Garza was killed in the collision and her daughter suffered severe injuries. Andrew Ramirez, Sr., Ester Ramirez, and Andrew ... More... $17237664 (05-09-2002 - TX) |
Citicasters Company v. Stop 26-Riverbend, Inc. |
{1} Defendants-appellants, Stop 26-Riverbend, Inc. ("Stop 26"), Esq. Communications, Inc. ("ESQ"), and attorney Percy Squire ("Squire"), appeal from a decision of the Mahoning County Common Pleas Court finding them in contempt of court. {2} The relationship between the parties here dates back to at least May 20, 1998 when plaintiff-appellee, Citicasters Co. ("Citicasters"), and Stop 26 enter... More... $0 (05-02-2002 - OH) |
Consolidated Edison Company of New York, Inc., et al. v. John D. Ashcroft |
Following decades of oil overcharge litigation under the Economic Stabilization Act of 1970, the United States Attorney General recovered a multi-million dollar judgment on behalf of thirty-seven utilities, including the three appellants. Awarded by the United States District Court for the Southern District of Alabama, that judgment included an $800,000 surcharge payable to the Attorn... More... $800000 (04-25-2002 - DC) |
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