In this insurance coverage dispute, appellant-insurer Centennial Insurance Company ("Centennial") seeks review of the district court's grant of summary judgment to appellee-insured veterinarian Dr. Robert Patterson. The district court declared that Centennial was obligated under an insurance policy to legally defend Patterson in a lawsuit instituted against him by Carol Murphy. After careful cons

Plaintiffs-Appellants, John M. Gardner, Susan L. Gardner, and Mt. Hood Polaris, Inc. (collectively “Appellants�) brought this action against Defendants-Appellees, Tom Martino, Westwood One, Inc., (collectively “Appellees�) and Clear Channel Communications, Inc.,1 for defamation, false light invasion of privacy, intentional interference with economic relations, and intentional interference

Mindy Kahle sued Jermaine Leonard (and others) under 42 U.S.C. § 1983. A
jury found Leonard liable, awarding damages. Leonard appeals Batson and
evidentiary rulings, jury instructions, and the portion of the judgment (one percent)
applied to Kahle’s attorneys’ fees. Having jurisdiction under 28 U.S.C. § 1291, this
court affirms the verdict but remands for redetermination of t

Michael Andrew appeals from the district court’s order granting the Defendants’ motion to dismiss this 42 U.S.C. § 1983 civil rights action for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Andrew named as defendants two former Baltimore Police Department ("BPD") police commissioners and a BPD deputy police commissioner. Andrew contends tha

The Federal Emergency Management Agency ("FEMA"), the South Carolina Wildlife Federation, Dr. John Grego, Dr. Daniel Tufford, and the Riverland Park Neighborhood Association ("Defendants") jointly appeal the district court’s order vacating the 2001 base flood elevation determinations adopted by FEMA for Richland County, South Carolina. The COLUMBIA VENTURE v. SOUTH CAROLINA WILDLIFE 5 district c

In the forty-five years since the Supreme Court’s decision in New York Times Co. v. Sullivan, 376 U.S. 254 (1964), courts and legislatures have endeavored to strike a balance between individuals’ interests in their reputation and the public interest in free and robust debate. The resulting interplay of defamation law and the First Amendment has substantially lessened the chilling effect of abu

The Lilly Health Plan appeals the order of the District Court entering judgment on behalf of a claimant who sought severance benefits pursuant to an ERISA-governed plan. Applying the recent decision of the Supreme Court in Metropolitan Life Insurance Co. v. Glenn, 128 S.Ct. 2343 (2008), we conclude that the plan administrator’s decision to deny benefits was not an abuse of discretion. We will, t

Alan Drobnak, Keith Markowitz, and Dennis Cirks, the named plaintiffs in a purported class action lawsuit against Andersen Corporation and Andersen Windows, Inc. (collectively, Andersen), appeal from the district court’s1 dismissal with prejudice of the amended class complaint, as well as the district court’s denial of leave to amend the complaint. Drobnak also appeals from the dismissal witho

These consolidated cases arise out of plaintiffs’ adverse employment claims. In Docket No. 279997, plaintiff John Bedo appeals by leave granted the trial court order granting defendant City of Ecorse summary disposition as to his claim under the Whistleblower’s Protection Act (WPA), MCL 15.361 et seq. In Docket No. 280693, defendant appeals as of right the jury verdict in favor of plaintiff Ro

This case is before us for the second time.1 In this appeal, Leonard McSherry appeals the district court’s order granting summary judgment on the ground of qualified immunity to the City of Long Beach (“City�), Long Beach Police Department (“LBPD�), Officer Norman Turley, and Sergeant Carthel S. Roberson. The allegations in this case stem from a kidnaping, rape, and molestation that occu

The firm of Campion, Barrow & Associates, led by Dr. Michael Campion, provides psychological services to police and fire departments in the central Illinois area. (We refer to both as Campion unless the context requires otherwise.) For many years, one of its clients was the City of Springfield. This case arose when the City decided to terminate its relationship with Campion and enter into a new ag

Defendants-appellants Michael R. Milligan1 and Thomas A. Watson appeal several jurisdictional and evidentiary rulings of the district court in this civil rights and wrongful death action brought by plaintiffs-appellees George David Fossyl (individually and as the Administrator of the Estate of Cheryl Fossyl), Tonia Harris, and Martin Fossyl stemming from the murder of a sixteen-year-old girl, Che

¶2 Pursuant to section 1604(A)(2) of title 20, the federal court has submitted "[t]he facts relevant to the question[s], showing fully the nature of the controversy out of which the question[s] arose." Those facts are repeated here, verbatim.

¶3 Plaintiff, Wilspec Technologies, Inc., and defendant, DunAn Holding Group Co. Ltd., both design, manufacture, and sell parts for air conditioni

Section 25.082(d) provides for a mandatory moment of silence to be observed in Texas schools in which a student may “as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student.� TEX. EDUC. CODE § 25.082(d). The provision, which became effective September 1, 2003, is a subsection of a broader statute

Alexander Jourjine filed suit against Nokia Corp., Nokia, Inc., and Nokia Svenska AB for defamation and intentional infliction of emotional distress. Nokia Corp. is a Finnish corporation (hereinafter "Nokia Finland"). Nokia, Inc. is a U.S. corporation incorporated in Delaware with a principal place of business in Dallas, Texas (hereinafter "Nokia U.S."). Nokia Svenska AB is a Swedish corporation (

Canyon Ferry Road Baptist Church challenges certain provisions of Montana’s campaign finance law requiring reporting and disclosure of campaign contributions or expenditures. The Church challenges the statutory provisions both facially and as applied to its activities of de minimis economic effect in support of a 2004 state ballot initiative. Following an adverse administrative decision by the M

{1} Angela V. Woodhull, Ph.D. (Plaintiff), acting pro se, appeals the trial court’s grant of summary judgment in favor of Carolyn Meinel (Defendant). The trial court ruled that the applicable New Mexico statute of limitations and 47 U.S.C. § 230 (1998), the Communications Decency Act of 1996 (CDA), both bar Plaintiff’s defamation claim. Plaintiff’s appeal presents the first opportunity

¶1 Appellant Save Beaver County, The Beaver River, and Varied Estates (BRAVE) appeals from a ruling of the district court holding that Beaver County Ordinance 2007-04 was enacted administratively and therefore is not subject to a referendum vote by the citizens of Beaver County. BRAVE also appeals the district court’s ruling that the citizens of Beaver County were provided proper notice of a he

Sally K. Harris put four claims before the district court: (1) termination in retaliation for the exercise of free speech, (2) sexual harassment, (3) wrongful discharge in violation of public policy, and (4) gender discrimination. The district court ultimately granted summary judgment in favor of the defendant on all counts. Harris appeals the judgment of the district court with respect to her sex

In the underlying lawsuit, Manuel Macias, Jr. sued the Hearst Newspaper Partnership, L.P.,

d/b/a San Antonio Express-News, and Ron Wilson (collectively, "the newspaper"), as well as other defendants. Macias's suit against the newspaper alleged defamation based on eight statements contained in articles written by Ron Wilson for the San Antonio Express-News. The newspaper moved for summary

This appeal arises from a circuit court’s vacation of a platted but unused section of a road in a subdivision. For the reasons expressed below, we affirm the trial court’s decision to vacate the road.

Appellees Larry and Melissa Kirk own Lot 23 in a subdivision platted in 1979 called Rolling Hills Estates 2nd Addition, outside Pocahontas, in Randolph County. Appellees Dewayne and Rhonda

The plaintiffs brought this medical malpractice action seeking damages arising from complications suffered by Louetta Smith after surgical treatment for benign premature ventricular contractions (PVCs).1 The plaintiffs claimed the doctor failed to obtain informed consent and failed to pursue a more conservative course of treatment. These claims were supported by their expert, Dr. Kenneth Brown, a

Neil B. Schaffer (claimant) appeals a final award of the Labor and Industrial Relations Commission (the commission) that denied workers’ compensation benefits. This court affirms. Claimant sought compensation for an alleged occupational disease he asserts began approximately May 2, 2002.1 He was an employee of Litton Interconnect Technology (Litton) on the alleged injury date. He alleged that â€

Quad Graphics, Inc., Milwaukee Magazine, and Kurt Chandler (unless otherwise specified, collectively referred to as Quad), appeal from an order denying their motion for judgment on the pleadings.1 Quad filed a petition for leave to appeal the order, which we granted.

¶2 Quad argues that Bradley DeBraska, Sr.’s retraction demand failed to satisfy the conditions precedent to commencing an

American Family Mutual Insurance Company (American Family) appeals an order reopening a small claims default judgment and dismissing its action, which emanated out of an automobile accident. The default judgment was entered in June 1997. American Family contends that the trial court erroneously exercised its discretion when it granted Anthony Warden’s motion to reopen the judgment and dismiss th