This interlocutory appeal from the denial of a motion to dismiss primarily concerns an allegation of retaliatory action taken against a state court employee because of her refusal to engage in partisan political activity. Defendants-Appellants James C. Tormey, State Supreme Court Justice and District Administrative Judge for the Fifth Judicial District; Bryan R. Hedges, Judge of the Onondaga Famil

Appellant John Schwalm (“Schwalm”) contends that Appellee Guardian Life Insurance Company of America’s (“Guardian”) decision to terminate his long-term disability benefits was arbitrary and capricious. See Employee Retirement Income Security Act of 1974 (“ERISA”) 29 U.S.C. §§ 1001–1461 (2006). The district court reviewed the administrative record, determined that Guardian’s dec

This appeal arises from the judgment of the Circuit Court of Tucker County, West Virginia, in a case between the appellant, Leeorr Rosier (hereinafter referred to as Mrs. Rosier), and her son, the appellee, Robert Lee Rosier. Mrs. Rosier brought the action against her son as the widow of Stearl Rosier and as the Executrix of his estate. At issue is the ownership of bank accounts, farm machinery,

This interlocutory appeal from the denial of a motion to dismiss primarily concerns an allegation of retaliatory action taken against a state court employee because of her refusal to engage in partisan political activity. Defendants-Appellants James C. Tormey, State Supreme Court Justice and District Administrative Judge for the Fifth Judicial District; Bryan R. Hedges, Judge of the Onondaga Famil

¶1 This matter is before the Court on Petitioner Michael Dewayne Smith's second application for post-conviction relief, motion for discovery, and motion for evidentiary hearing. A jury convicted Smith in 2003 in the District Court of Oklahoma County, Case No. CF-2002-1329, of the first degree murders of Janet Moore and Sarath Pulluru. The jury assessed a sentence of death for each murder.1 Since

Appellant-plaintiff Tracie L. Burton (Tracie) appeals a jury verdict in her favor, claiming that the jury‘s determination that she was 50% at fault in an auto accident while riding as a passenger in a vehicle that her husband was driving was contrary to law. Tracie also contends that the damage award was inadequate because she was not compensated for all of the medical expenses that she incurred

{1} At issue in this appeal is a request for information pursuant to the New Mexico Inspection of Public Records Act (IPRA), NMSA 1978, §§ 14-2-1 to -12, (1947, as amended through 2009). The New Mexico Department of Public Safety (DPS) refused to disclose records of citizen complaints requested by Plaintiff. The district court granted summary judgment in favor of DPS. The district court ruled th

Does a public high school teacher have a First (and Fourteenth) Amendment right “to select books and methods of instruction for use in the classroom without interference from public officials”? Yes, says the teacher, Shelley Evans-Marshall. No, says the Tipp City Board of Education. Because the right to free speech protected by the First Amendment does not extend to the in-class curricular spe

The underlying case involves an appeal to the district court from a repair and demolition order issued by the City of San Antonio’s Dangerous Structure Determination Board (“the Board”). The district court remanded consideration of Edward Slavin Sr.’s property back to the Board and affirmed the Board’s order as to Edward Slavin, Jr. and Sheila Slavin (collectively, “the Slavins”).

Tristan Bonn was terminated from her position as the Public Safety Auditor for the City of Omaha after she published a report criticizing the Omaha Police Department (“OPD”). Bonn filed suit in Nebraska state court against the City of Omaha, former Mayor Mike Fahey, and the former Mayor’s Chief of Staff Paul Landow (collectively, “appellees”). Bonn asserted a claim under Title VII of the

In 2007, Illinois amended Section 1 of the Silent Reflection and Student Prayer Act making mandatory a period of silence in public schools; prior to this amendment, teachers had the option of observing a period of silence at the beginning of the school day. After the Illinois legislature amended Section 1, Dawn Sherman, through her father, Robert I. Sherman, sued Christopher Koch in his official c

Does a public high school teacher have a First (and Fourteenth) Amendment right “to select books and methods of instruction for use in the classroom without interference from public officials”? Yes, says the teacher, Shelley Evans-Marshall. No, says the Tipp City Board of Education. Because the right to free speech protected by the First Amendment does not extend to the in-class curricular spe

Derek Barbee, as guardian of the person and estate of his father, Ricky Barbee, appeals from the final divorce decree and protective order rendered by the trial court in Tammy Barbee’s suit for divorce from Ricky. In four issues, Derek contends the evidence is legally and factually insufficient to support the verdict, the protective order is void, Tammy lacked authorization to file suit against

Plaintiff, a residential landlord, sued defendant, his tenant, for rent due and other expenses resulting from defendant's premature vacation of the premises. Defendant did not respond to the action and default was entered. After a proof hearing, the court entered judgment in plaintiff's favor for $10,514.86, plus costs and interest. The court did not allow additional expenses claimed by plaintiff

Maple Street A.M.E. Zion Church (Church) and the City of Williamsport and City Council of the City of Williamsport (collectively, City) file cross-appeals from the order of the Court of Common Pleas of Lycoming County (trial court) striking a condition requiring the Church to obtain a written license for eight off-street parking spaces and otherwise affirming the City Council of the City of Willia

¶1 Plaintiff/Appellant Linda Stewart (Stewart) seeks review of the trial court's order denying her motion for new trial after a jury verdict for Defendants/Appellees NYT Broadcast Holdings and Griffin Communications (KFOR and KWTV, respectively) on Plaintiff's claims for defamation and false light invasion of privacy. In this appeal, Stewart asserts the broadcasts aired by Appellees were false an

Chinese Daily News, Inc. (“CDN”), a Chinese-language newspaper, appeals the district court’s judgment in an action brought by some of its California-based employees under the federal Fair Labor Standards Act (“FLSA”) and under California law. The district court certified the FLSA claim as a collective action. It certified the state-law claims as a class action under Rule 23(b)(2) and, al

{1} In this appeal, we reconsider and clarify the “presumption of prejudice” that attaches to extraneous juror communications. After reviewing New Mexico case law in light of United States Supreme Court precedent, we conclude that the party moving for a new trial based on extraneous juror communications bears the burden to prove that (1) material extraneous to the trial actually reached the ju

Plaintiff-Appellant Charles Montaño appeals the district court’s grant of summary judgment to Defendants-Appellees Bani Chatterjee, Patrick Reed, Richard Marquez, John Bretzke, Vernon Brown, William Barr, and the Regents of the University of California, on Montaño’s claims of First Amendment retaliation under 42 U.S.C. § 1983, and his claims under the California Whistleblower Protection Act

We address a question of first impression in our circuit: whether a municipal ban on tattoo parlors violates the First Amendment. Although courts in several jurisdictions have upheld such bans against First Amendment challenges, see, e.g., Hold Fast Tattoo, LLC v. City of North Chicago, 580 F. Supp. 2d 656, 659-61 (N.D. Ill. 2008); Yurkew v. Sinclair, 495 F. Supp. 1248, 1253-55 (D. Minn. 1980); St

We determine whether federal courts have subject-matter jurisdiction to conduct review of administrative compliance orders issued by the Environmental Protection Agency pursuant to the Clean Water Act, 33 U.S.C. § 1319(a)(3), before the EPA has filed a lawsuit in federal court to enforce the compliance order. We join our sister circuits and hold that the Clean Water Act precludes pre-enforcement

Plaintiff Deborah Branham brought suit under the Family and Medical Leave Act (“FMLA”) after being terminated from her job as a receptionist for The Dickson Herald, a newspaper owned by Gannett Satellite Information Network, Inc. (“Gannett”), for excessive absenteeism. The district court granted summary judgment to Gannett. The court held that although Branham produced a medical certificat

¶1 Plaintiff Jennifer Ottens appeals from various procedural and evidentiary rulings and from the trial court's entry of a directed verdict in favor of Defendant Dan McNeil (Dan). We reverse and remand in part, and affirm in part.

BACKGROUND

¶2 Ottens's lawsuit stems from injuries she sustained in a March 29, 2002 automobile accident. The accident occurred on Interstate Highway 15

Plaintiff Deborah Branham brought suit under the Family and Medical Leave Act (“FMLA”) after being terminated from her job as a receptionist for The Dickson Herald, a newspaper owned by Gannett Satellite Information Network, Inc. (“Gannett”), for excessive absenteeism. The district court granted summary judgment to Gannett. The court held that although Branham produced a medical certificat

For the second time in just over five years, a group of New Jersey blueberry farmers (collectively, “Plaintiffs”) appeals orders of the District Court granting summary judgment to defendant Novartis Crop Protection, Inc. (“Novartis”) on Plaintiffs’ claims for damage to their crops allegedly caused by use of a pesticide manufactured and distributed by Novartis.

The principal issu