Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. § 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) th

In 1998, Kenneth Truhlar was working as a letter carrier for the United States Postal Service in Westmont, Illinois, when a car rear-ended his mail truck, injuring his back and neck. Truhlar sought partial disability payments but failed to disclose in the disability compensation paperwork that he was earning money playing bass guitar for a rock band called BANG!.

When the Postal Service dis

After Plaintiff Hyundai Motor America (“Hyundai”) placed certain features on its website, a third party sued Hyundai for patent infringement. Hyundai sought a defense from its liability insurers, Defendants National Union Fire Insurance Company of Pittsburgh and American Home Assurance Company.

Because the alleged patent infringement concerned one of Hyundai’s advertising methods, H

Col. (Ret.) Joe H. Bryant (“Bryant”), a former member of the Mississippi Air National Guard’s (“MSANG”) 186th Refueling Wing, sued MSANG and individual MSANG officials (“Individual Appellees”), asserting claims under: (1) the Military Whistleblower Protection Act, 10 U.S.C. § 1034; (2) the Mississippi Bryant’s claims against individual Appellee F. Gregory Malta in his individual 1

Plaintiff Amanda Cossaboon, individually and as mother and next friend of E.C., appeals from the district court's dismissal of her medical malpractice action against defendant Maine Medical Center (MMC) for lack of personal jurisdiction. Cossaboon contends that MMC purposefully established sufficient contacts with New Hampshire to permit the exercise of general personal jurisdiction in New Hampshi

Sikorsky Aircraft Corporation (Sikorsky) and the Pratt and Whitney Division (Pratt) of United Technologies Corporation appeal the district court’s grant of summary judgment to the Department of Defense (Defense or DoD) and the Defense Contract Management Agency (DCMA)1 in Sikorsky’s and Pratt’s separate lawsuits to prevent the release of certain DCMA documents evaluating their respective qua

Pinnacle Pizza Company, Inc. ("Pinnacle"), a franchisee, brought suit against Little Caesar Enterprises, Inc. (LCE), the franchisor, alleging, inter alia, breach of the corporation's franchise agreement and violation of the South Dakota Franchise Act (SDFA). Pinnacle also sought to cancel LCE's federal trademark for the phrase "Hot- N-Ready." LCE counterclaimed, alleging breach of the franchise ag

This appeal arises from the district court’s grant of summary judgment to newspaper publishers bringing a First Amendment challenge to a public airport’s total ban on newspaper racks inside its terminals. We found a similar ban unconstitutional in Multimedia Publishing Co. of South Carolina, Inc. v. Greenville-Spartanburg Airport District, 991 F.2d 154 (4th Cir. 1993), which guides our decisio

In 2008, the District Attorney of Wyoming County in Pennsylvania presented teens suspected of “sexting” with a choice: either attend an education program designed by the District Attorney in conjunction with two other agencies or face felony child pornography charges. Plaintiffs brought suit to enjoin the District Attorney from bringing criminal charges in retaliation for their refusal to atte

New York’s Appellate Division adopted new rules prohibiting certain types of attorney advertising and solicitation, which were to take effect February 1, 2007. The new rules barred, inter alia, testimonials from clients relating to pending matters, portrayals of judges or fictitious law firms, attention-getting techniques unrelated to attorney competence, and trade names or nicknames that imply

Plaintiff-appellant Charles D. Foley, Jr. ("Foley"), Chief of the Fire Department in Randolph, Massachusetts, claims that the Town of Randolph and the Town selectmen ("Defendants") wrongfully retaliated against him in violation of his First Amendment rights when they suspended him for fifteen days based on public statements that he made at the scene of a fatal fire. Plaintiff brought suit pursuant

On March 27, 1997, Junior L. Dillenburg and his wife, Lucille Dillenburg, entered into a lease agreement with Florence Campbell for farmland. According to the lease agreement, the Dillenburgs were to rent farmland in Union County from Florence for a period of ten years. Florence died in 2004, and her will was admitted to probate in Union County on June 15, 2004. Florence’s children, Arthur Campb

This case presents itself as one concerning Code of Civil Procedure section 425.16 ("section 425.16"), the anti-SLAPP special motion to strike. In fact, the case primarily concerns the scope of an attorney's duty to a former client. Defendants and appellants Reed Smith LLP, a law firm, and Kenneth Goldman, a partner at Reed Smith, for a time represented plaintiff and respondent Oasis West Realty,

In a second attempt to obstruct the publication of a book

that is critical of his conduct, plaintiff John C. Berkery

appeals from the summary dismissal of his action against

defendants - author Allen M. Hornblum, and distributors Barnes &

Noble, Inc., Amazon.Com, Inc., Barricade Books, Inc. (NY),

Barricade Books, Inc. (NJ), National Book Network, Inc., Rowman

Few tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation’s court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety. The plaintiffs, four minor children (“the Doe children”), seek to proceed anonymously in their suit against Kamehameha S

This is a failure-to-warn case involving the prescription drug Baycol, a cholesterol-reducing medication. The case comes to us after the district court1 granted Bayer's motion for summary judgment on Flesner's claims for strict liability, negligence, express and implied warranty, and unjust enrichment. On appeal, our decision focuses on whether the district court abused its discretion in finding t

Glenn A. Myer appeals from a summary judgment declaring that his insurer, Pharmacists Mutual Insurance Company, owed him no duty to indemnify or pay defense costs on appeal from a third-party claim, and dismissing Myer’s counterclaims for bad faith and consumer fraud. We affirm the court’s dismissal of the counterclaims, but reverse its decision on the duty to defend and indemnify, and remand

¶1 The question presented is whether, under the circumstances, the misspelling of the name Olinka Hrdy as Olinka Hardy in the publication notices and other documents filed in an Oklahoma Corporation Commission proceeding having as its purpose the pooling of mineral interests renders the Commission's pooling order invalid as to Olinka Hrdy for lack of due process. We answer in the negative.

Regional Urology, L.L.C., Regional Urology Ambulatory Surgery Center, L.L.C., Regional Urology Property Group, L.L.C., Regional Urology Oncology and Radiation Treatment Center, L.L.C., and Regional Urology Oncology and Radiation Group, L.L.C., (collectively the “Regional Urology entities”) appeal the trial court’s order denying their special appearance in a suit filed by David T. Price, M.D

Defendant Fulton County, Georgia, concerned about the secondary effects on its communities of the mixture of alcohol and live nude dancing, passed an ordinance in 2001 prohibiting the sale, possession, and consumption of alcohol in adult entertainment establishments. Plaintiffs Flanigan’s Enterprises, Inc., owner and operator of the Mardi Gras strip club, and other owners and operators of strip

Defendants Jeffrey Zucker and David Hudepohl appeal the denial of their motion for summary judgment based on the defense of qualified immunity from plaintiff Robert Kennedy’s procedural due process claims brought under 42 U.S.C. § 1983. For the reasons that follow, we reverse in part and affirm in part.

In doing so, we hold that Kennedy did not have a protectable property interest in

Elmer Robert Keach, III, Interevenor-Appellant, appeals from a decision of the
20 United States District Court for the Northern District of New York (Gary L. Sharpe,
21 Judge) denying a motion for recusal and declining to impose sanctions on Keach.
22 Keach argues that Judge Sharpe should have recused himself from further proceedings on
23 his sua sponte order to show cause as to w

¶1 Montana Shooting Sports Association Inc. (MSSA), Gary S. Marbut (Marbut), Robert C. Clark (Clark), and Carol Latta (Latta) (plaintiffs referred to collectively as, “MSSA plaintiffs”) appeal the order of the District Court for the Fourth Judicial District, Missoula County, denying their request for a declaration that § 87-2-202(1), MCA, unconstitutionally infringes on the fundamental right

Federal law prohibits corporations and unions from using their general treasury funds to make independentexpenditures for speech defined as an “electioneering communication” or for speech expressly advocating the election or defeat of a candidate. 2 U. S. C. §441b. Limits on electioneering communications were upheld in McCon-nell v. Federal Election Comm’n, 540 U. S. 93, 203–209 (2003).