In October 1996, Trico bought turbine engines from appellee/real-party-in-interest Stewart & Stevenson Technical Services, Inc. (“S&S”). Trico sued S&S and its successor GE Packaged Power, Inc. (“GE”) when the engines allegedly failed. S&S and GE moved to compel arbitration, and Trico moved to stay arbitration. After a non-evidentiary hearing, the trial judge compelled a... More...   $0 (04-11-2002 - TX)

Vehicle Code section 14602.6 provides for the removal, seizure and impounding for 30 days of a vehicle driven by a driver while unlicensed or while his or her driving privileges are suspended or revoked. (Veh. Code, § 14602., subd. (a).) Following notice by the impounding agency, “the registered and legal owner of a vehicle that is removed and seized . . . shall be provided the opportunit... More...   $0 (04-09-2002 - CA)

Vehicle Code section 14602.6 provides for the removal, seizure and impounding for 30 days of a vehicle driven by a driver while unlicensed or while his or her driving privileges are suspended or revoked. (Veh. Code, § 14602., subd. (a).) Following notice by the impounding agency, “the registered and legal owner of a vehicle that is removed and seized . . . shall be provided the opportunit... More...   $0 (04-09-2002 - CA)

James had knee replacement surgery at Wichita General Hospital in Wichita Falls on September 1, 1995. The following day, Kloos, a registered nurse, responded when James called for assistance for getting to the bathroom. With the assistance of Kloos and a walker, James walked into the bathroom. James testified that after he was positioned in front of the toilet, Kloos stepped away and left him... More...   $0 (03-29-2002 - TX)

The appellants are former Clinton police officers who retired on disability in 1997. At the time of the retirement they demanded that the city pay the cost of single coverage health insurance for both of them. The city paid the coverage while the matter was under review, but in February 1998, the city informed both officers it would no longer pay their health insurance premiums after March 1998,... More...   $0 (03-27-2002 - IA)

Plaintiffs John and Deanna Morris and LaSalle Home Mortgage Corporation sued defendants Douglas County Board of Health (the “Board of Health”), Douglasville-Douglas County Water and Sewer Authority (the “Authority”), and Peter Frost, the Authority’s executive director, alleging that the defendants had failed to maintain and repair the Morrises’ septic system... More...   $0 (03-25-2002 - GA)

¶1 This cause involves a dispute over child custody. A divorced mother and father each petitioned for a change from joint custody to sole custody of their minor child. The trial court terminated joint custody and awarded the father sole custody. The Court of Civil Appeals reversed the trial court and issued a directive rendering the opinion immediately enforceable. Two issues are presented on cert... More...   $0 (03-22-2002 - OK)

Petitioner City of Rock Hill (City) petitions the Court to issue a writ of mandamus "requiring the Honorable Jane Pittman Modla, Judge of the City of Rock Hill Municipal Court, and all lower courts in which the issue may arise, to apply 1998 Acts 434 as corrected by the Code Commissioner and presently enrolled with the Secretary of State, as the law of the State of South Carolina." The writ is den... More...   $0 (03-11-2002 - SC)

[2.] The section line right-of-way at issue in this ... More...   $0 (03-06-2002 - SD)

2 This is an appeal from summary judgment for the defendant ... More...   $0 (02-26-2002 - OK)

Plaintiff filed a series of pleadings in the district court. In February 2000, he attempted to file documents entitled "Extraordinary Writ and Mandamus" and "Amendment Extraordinary Writ and Mandamus." In these documents, plaintiff alleged that he, a mixed-blood Uintah Indian, holds a possessory interest in the Uintah Valley in Utah based on an 1861 treaty, and that the Ute Tribe was wrongfully po... More...   $0 (01-28-2002 - UT)

Janet Chandler, Ph.D., brought this quitam action as relator on behalf of the United States under the False Claims Act ("FCA"), 31 U.S.C. sec.sec. 3729 et seq., to recover funds that allegedly were obtained fraudulently by defendants Hektoen Institute for Medical Research ("Hektoen") and Cook County, Illinois, in the administration of a drug treatment program. The district court dismisse... More...   $0 (01-22-2002 - IL)

On March 6, 1998, Compaq Computer Corporation announced that sales from one of its North American commercial channels were not meeting expectations and that there would be price reductions and aggressive promotions to reduce inventories. About a month later, Mark Berger, on behalf of all purchasers of Compaq stock between July 10, 1997, and March 6, 1998 (the "Investors"), sued Compaq and its dire... More...   $0 (01-14-2002 - TX)

As its courts have become a mecca for plaintiffs' claims against out-of-state businesses, Mississippi is affording numerous opportunities for federal courts to explore questions of removal jurisdiction and remand. In this diversity case, the district court remanded a putative class action removed from the state court after making three decisions: (a) it implicitly ignored the remaining claims of o... More...   $0 (12-28-2001 - MS)

Lisa T. Kennedy brought suit against Clemence Lubar in Colorado state court, asserting state common law claims for "[t]ortious [i]nterference with [e]mployment [r]elations" and tortious interference with "[p]rospective [e]mployment [r]elations." Compl. at 14, App. to Br. of Def.-Appellant ("App.") at 17. Kennedy was employed as a part-time pharmacist in Store 100 of the King Soopers chain of groce... More...   $0 (12-18-2001 - CO)

Appellant Helen Foster (sometimes also referred to as "plaintiff" in the course of this opinion) and her late husband filed a medical malpractice suit against appellee Dr. Hossein Sakhai for personal injuries the Fosters alleged as a result of brain surgery performed by Dr. Sakhai upon Mr. Foster. Mr. Foster died before the case could come to trial, but at the trial, the jury awarded Mrs. Foster a... More...   $800000 (12-12-2001 - WV)

Sunchase acquired a tract of land in rural Kaufman County (the "County"), which it plan... More...   $0 (12-07-2001 - TX)

McClatchy Newspapers, Inc., dba The Sacramento Bee (The Bee), seeks a writ of mandamus to reverse the final postjudgment order of the district court in response to The Bee's request that it unseal, without redaction, two proffer letters offered by Mark Leslie Nathanson (Nathanson) in connection with his motion to reduce his criminal sentence. We grant the writ, vacate the order, and remand t... More...   $0 (12-03-2001 - CA)

Fairfax MK, Inc. applied for a building permit to construct a gasoline service station in the City of Clarkston on property owned by Creek Pointe MK, LLC. Because the property is located near a day care center, the City Council denied the application based upon a provision of the City’s Gasoline Service Station Ordinance (GSSO) which requires a minimum distance of 500 feet between a gas... More...   $0 (11-30-2001 - GA)

This matter arises out of a petition for writ of mandate filed by respondent Robert E. Morris, M.D., a board certified physician in pediatrics and adolescent medicine, against appellant Jerry L. Harper, then Acting Director of the California Youth Authority (CYA). Morris’s petition sought mandamus relief to require Harper to comply with state law by obtaining licenses for the 11 CYA prog... More...   $0 (11-30-2001 - CA)

Cambridge Literary Properties, Ltd. ("Cambridge") has filed a petition for writ of mandamus asking this court to direct the district court to approve a proffered statement, pursuant to Fed. R. App. P. 10(c) ("Rule 10(c) Statement"). Mandamus is an extraordinary remedy requiring "(1) a showing of some special risk of irreparable harm, and (2) a demonstration of clear entitlement to the relief reque... More...   $0 (11-20-2001 - MA)

Plaintiffs, who are pres... More...   $0 (11-13-2001 - TX)

Click the ... More...   $0 (11-13-2001 - MO)

Elizabeth W. McDonald ("Landowner") filed a petition requesting an injunction against the City of Brentwood, Missouri ("City") from issuing an occupancy permit to Edward J. O'Brien, owner of the restaurant O.B.Clark's (hereinafter collectively "O.B. Clark's") and for a writ of mandamus to compel City to revoke O.B. Clark's conditional use permit and enforce all the applicable ordinances. City, wit... More...   $0 (11-06-2001 - MO)

Appellant businesses and their officers (the shuttle operators) operate separate and independent airport shuttle services, offering ground transportation to and from Denver International Airport (DIA). They do so without a permit from the Colorado Public Utilities Commission (PUC), which regulates intrastate commercial motor carriers within the state. Each shuttle operator instead holds a certific... More...   $0 (11-05-2001 - CO)