In Re BankAmerica Corp. Securities Litigation |
On September 30, 1998, BankAmerica and NationsBank merged to form Bank of America Corporation (the “Bank”). Fifteen days later, the Bank disclosed a $372 million charge-off and the likelihood of substantial additional losses arising out of BankAmerica’s $1.4 billion loan to hedge fund operator D.E. Shaw, Inc. (“Shaw”). Securities law class action suits were then f... More... $0 (10-25-2001 - MO) |
Dr. Roderick P. Perron, M.D., Coroner v. Evangline Parish Police Jury, et al. |
Under La. Rev. Stat. 33:1556(B)(1), should the attorney fee expenses incurred by a coroner in a mandamus action to compel the police jury’s providing proper funding for his office be considered “necessary or unavoidable expenses . . . incident to the operation and functioning of the office?” For the reasons that follow, we conclude that they should be so considered. * * * |
Burns v. Hacker |
This dispute, involving $5,774.50 of allegedly substandard car repairs, makes its third (and hopefully last) appearance before this court. See Burns v. Hacker, No. 97-2579 (Fla. 5th DCA Sept. 25, 1997) (Burns I) and Burns v. Hacker, 729 So. 2d 398 (Fla. 5th DCA 1998) (Burns II). In Burns II, we held that the circuit court correctly ruled that it was without jurisdiction to consider Burns’... More... $0 (10-05-2001 - FL) |
Comuso v. National Railroad Passenger Corporation |
Marvin I. Barish, counsel for the plaintiff Mario Comuso, seeks immediate appellate review of the District Court's order dated April 25, 2000 imposing sanctions against him. We must determine whether we have jurisdiction to hear this appeal under 28 U.S.C. S 1291, and, if not, whether we should issue a writ of mandamus as requested. I. FACTS AND PROCEDURAL BACKGROUND Comuso filed ... More... $13286 (10-03-2001 - PA) |
World Publishing Company v. the Honorable Russell C. Miller |
¶1 The original action presents a single issue:1 whether 10 O.S. Supp. 1999 §7307-1.2(F) through (H)2 mandate a judicial order [32 P. 3d 831] prior to the release of records exempted from the general confidentiality requirements by subsection 7307-1.2(C) of the statute.3 We hold that it does. Therefore, we assume original jurisdiction and deny the writ.4 |
Ursula Gibson, et al. v. Chrysler Corporation |
Chrysler Corporation appeals sanctions and attorneys' fees awarded by the district court. Chrysler has twice attempted to remove plaintiffs' class actions from California state court to federal court. After Chrysler's second attempt, the district court held that several of Chrysler's arguments were frivolous, and awarded sanctions and fees. We believe that removal was improper, but we hold t... More... $0 (08-20-2001 - CA) |
Petition of CIGNA Healthcare, Inc. f/k/a Healthsource New Hampshire, Inc. |
The petitioner, CIGNA Healthcare, Inc., formerly known as Healthsource New Hampshire Inc. (CIGNA), petitions for the issuance of writs of mandamus and prohibition to the Hillsborough County Probate Court (Cloutier, J.). We grant the petition for prohibition. The following facts appear in the record. Elliot Hospital (Elliot) and Catholic Medical Center (CMC) are community hospitals in Manches... More... $0 (07-31-2001 - NH) |
Theodore M. Smith v. David Plati, et al. |
Theodore Smith appeals the district court's dismissal of his claims against David Plati, the Assistant Athletic Director for Media Relations of the University of Colorado, the Regents of the University, and the University itself. In addition, Smith alleges that the district court erred when it ordered him to dismiss a parallel state court action raising virtually identical claims to those in his f... More... $0 (07-30-2001 - CO) |
Berger v. Compaq Computer Corp. |
In this securities litigation, the district court certified a plaintiff class and appointed class representatives. Because of legal error, we reverse and remand. I. 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 in... More... $0 (07-25-2001 - TX) |
The Wichita Eagle Beacon Company d/b/a The Wichita Eagle, et al. v. The Honorable Clark V. Owens, II |
This is an original proceeding in mandamus filed by The Wichita Eagle Beacon Company, d/b/a The Wichita Eagle, and Media General Operations, Inc., d/b/a KWCH-TV Channel 12, (Petitioners) to compel the Honorable Clark V. Owens II, District Judge of the Eighteenth Judicial District (Respondent) to allow Petitioners to intervene in five Sedgwick County District Court criminal cases for the limited pu... More... $0 (06-13-2001 - KS) |
Michael Scott Hoover v. State of Oklahoma |
1 Michael Scott Hoover was tried by jury and acquitted of several counts of lewd molestation in the District Court of Oklahoma County, Case Nos. CF-97-3462 and CF-98-4543. On March 3, 2000, Hoover filed a Petition for Expungement and Sealing of Record resulting from these charges in the District Court. After an April 17, 2000, hearing, the trial court denied Hoover's motion for expungement. Hoover... More... $0 (06-07-2001 - OK) |
Wolfeboro Neck Property Owners v. Town of Wolfeboro |
The plaintiffs, the Wolfeboro Neck Property Owners Association, an incorporated association of property owners in a Wolfeboro subdivision known as Embassy Estates, together with Bruce C. Beck, an individual property owner in that subdivision, appeal an order of the Superior Court (Fauver, J.) denying their petition to lay out two roads within the subdivision. We reverse and remand. Wolfebor... More... $0 (06-01-2001 - NH) |
Sandra Halsey v. Dallas County, Texas |
Sandra Halsey brings this interlocutory appeal of a denial of her motion for summary judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon Supp. 2001). Halsey brings one point of error contending she was protected by derived judicial immunity, and therefore, the trial court erred in denying her motion for summary judgment. For the reasons set forth below, we reverse and render summary ju... More... $0 (05-30-2001 - TX) |
Citizen Potawatomi Nationa v. Gail Norton, et al. |
Plaintiff/appellant Citizen Potawatomi Nation (Citizen Potawatomi), a federally recognized Indian Tribe located in the Western District of Oklahoma, brought this action which the Tribe termed as one for a "mandatory injunction in the nature of mandamus" against federal officials of the United States Department of the Interior challenging their methods for calculating funding the Citizen Potawatomi... More... $0 (04-26-2001 - OK) |
Benjamin Harry Crider, II v. State of Oklahoma |
¶1 Benjamin Harry Crider, II, was tried by jury and convicted of First Degree Murder in violation of 21 O.S.1991, § 701.7 (A), in the District Court of Oklahoma County, Case No. CF-98-2944. In accordance with the jury's recommendation the Honorable Tammy Bass-Jones sentenced Crider to life imprisonment with the possibility of parole. Crider filed his Petition in Error with this Court on January ... More... $0 (04-20-2001 - OK) |
Joyce Lovett v. Wal-Mart Stores, Inc. |
1 Plaintiff/Appellant Joyce Lovett appeals from the trial court's order granting a motion to dismiss filed by Defendant/Appellee Wal-Mart Stores, Inc. Lovett was injured at a Wal-Mart store in California, but she filed suit in Okmulgee County, Oklahoma. The trial court dismissed the action without prejudice under the doctrine of forum non conveniens. Because we find no abuse of discretion, we a... More... $0 (12-20-2000 - OK) |
In Re Mann |
Beverly Mann is persistent if nothing else. Sixteen years ago, the City of Chicago terminated Mann's employment as an Assistant Corporation Counsel. Since then, she has been on a quest to prove that the City wronged her. Mann, for the most part representing herself pro se, has fought the good fight, succeeding on some claims and losing on others. But this long and bitter dispute should hav... More... $0 (10-13-2000 - IL) |
Lindland v. U.S. Wrestling Association, Inc. |
Readers of our prior opinions (or the sports pages) know that Keith Sieracki and Matt Lindland both believe that they are entitled to be the U.S. entrant in the 76 kilogram weight class of Greco-Roman wrestling at the 2000 Olympic Games. They have met twice in championship bouts where the Olympic spot was the victor's reward: Sieracki won the first by a score of 2-1; Lindland won the secon... More... $0 (09-05-2000 - IL) |
H & R Block, Inc. v. Ronnie Haese |
This is an opinion on remand from the Texas Supreme Court.(1) Ronnie and Nancy Haese filed suit against various H & R Block and related entities complaining that Block received a portion of a lender's finance charge for Refund Anticipation Loans (RALs) which are short-term loans secured by anticipated federal income tax refunds. Subsequently, the trial court certified a class of all individuals... More... $0 (06-29-2000 - TX) |
>In Re Southwestern Bell Telephone Company |
In this mandamus proceeding, we decide whether a trial judge may set aside a venue transfer order one year after signing the order because one of several defendants declared bankruptcy. We hold that the trial judge did not have jurisdiction to set aside the venue transfer order and conditionally grant the writ. In 1995, Donald Salch was killed in a car accident in Conway County... More... $0 (06-08-2000 - TX) |
State of Oklahoma v. Leroy William Cornell |
Two counts of Second degree murder (automobile), misdemeanor speeding, and misdemeanor speeding. |
Jerry L. Colclazier v. State of Oklahoma, ex rel. Oklahoma Indigent Defense System Board |
¶1 The dispositive issue presented to this Court is whether a writ of mandamus is proper to correct abuse of discretion by a governmental agency in awarding a contract, where the contractual period has expired, and the services that were the subject of the contract have been performed. We hold that a writ of mandamus is improper under such facts. |
State of Oklahoma v. William Joseph Foster |
Tulsa, OK - The State of Oklahoma charged William Joseph Foster with: |
W. Thomas Wheeler v. City of Wayzata |
On the petition of the defendant City of Wayzata we review a decision of the court of appeals reversing summary judgment in favor of Wayzata. Plaintiffs had sued in the alternative for a declaration of the invalidity of all Wayzata's zoning ordinances and permanent injunction against their enforcement or for mandamus to compel proceedings in eminent domain. We reverse the decision of |
Ethics Com'n of State of Okl. v. Cullison |
¶1 In September of 1990 the people of Oklahoma voted to adopt a new Article to the State Constitution by way of Initiative Petition No. 341 and State Question No. 627. Thus Article 29 came into existence as a framework for a fresh scheme of ethical standards to be administered by a constitutionally created Ethics Commission. The Ethics Commission of the State of Oklahoma petitions this Court to a... More... $0 (12-31-1993 - OK) |
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