Newspaper Law
 
Sally K. Harris v. George A. Sodders, Auditor of Clark County

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

More...   $0 (02-12-2009 - OH)

Kathryn J. Dixon v. The Superior Court of El Dorado County and Jeff Neves, as Sheriff-Corner, etc.

In this California Public Records Act case (CPRA; Gov. Code, § 6250 et seq.), we hold that coroner and autopsy reports that constitute investigations of a suspected homicide death--in which the prospect of criminal law enforcement proceedings is concrete and definite--are public records that are exempt from disclosure under Government Code section 6254, subdivision (f) (hereafter section 6254(f))

More...   $0 (02-04-2009 - CA)

Freddie Williams, Jr. v. Detroit Board of Education, et al.

This is an appeal from the district court’s order granting a renewed motion for summary judgment to the defendants in a defamation suit brought by Freddie Williams, Jr., a former high school principal for Detroit Public Schools. The United States District Court for the Eastern District of Michigan, the Honorable Patrick J. Duggan, District Judge, concluded that the plaintiff principal was a publ

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Darryl Jones, et al. v. City of Franklin

Darryl Jones, Michael Jones, Anthony Pasley, and Stephen Gibson are black firefighters employed by the City of Franklin, Tennessee. They filed separate complaints in August 2006, alleging that the City failed to promote them because of their race and failed to eliminate a racially hostile work environment. The district court granted summary judgment in favor of the City, holding that the hostile-w

More...   $0 (02-08-2009 - TN)

Autonation Direct.com, Inc. d/b/a Auto Advertising Services v. Thomas a. Moorehead, Inc. d/b/a BMW of Sterling

This is an appeal from the granting of a summary judgment in favor of the defendant in litigation arising out of a contract dispute. Because appellee, Thomas A. Moorehead, Inc. d/b/a/ BMW of Sterling, failed to meet its summary judgment burden, we reverse and remand to the trial court for further proceedings in accordance with this opinion.



Factual and procedural background

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Penn Jersey Advance, Inc. d/b/a Easton Publishing Company v. Scott Grim, Lehigh County Corner

The issue presented by this appeal is whether a coroner’s autopsy report is an “official” record or paper within the meaning of Section 1251 of the act commonly referred to as the “Coroner’s Act.”1 The Commonwealth Court held that it is not. We granted allowance of appeal in order to clarify the matter in light of apparent inconsistencies among this Court, the Commonwealth Court, and t

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Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc.

These appeals require us to grapple with the metes and bounds of Massachusetts unjust enrichment and restitution law. Like many such cases, the present case involves one party's conferral of a valuable benefit during ongoing contract negotiations, followed by an irreparable breach in the bargaining process. What makes this case unusual is that its subject matter -- the development of a blockbuster

More...   $0 (01-16-2009 - MA)

Rajeanna Dixon v. Cathy Kirkpatrick, et al.

Rajeanna Dixon, an investigative assistant for the Oklahoma Board of Veterinary and Medical Examiners (“OBVME”), lost her job partly because she discussed OBVME’s investigation of a dogfighting ring with a member of the veterinarian trade association. She brought a § 1983 action against OBVME and her supervisor, Cathy Kirkpatrick, alleging that she had been fired in violation of her constit

More...   $0 (01-08-2009 - OK)

Aaron Koch, et al. v. Cedar County Freeholder Board, et al.

The Cedar County freeholder board approved the transfer of real estate from the Wynot Public School District to the Hartington Public School District. Several taxpayers from the Wynot school district appealed to the district court, which affirmed the Cedar County freeholder board’s actions. Those taxpayers now appeal the judgments of the district court.

FACTUAL BACKGROUND

In 2006,

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John Sandoval v. Los Angeles County Department of Public Social Services

In the underlying action, the trial court granted nonsuit on appellant John Sandoval’s claim for violation of due process against respondent Los Angeles County Department of Public Social Services (DPSS). Following a jury verdict in favor of DPSS on Sandoval’s remaining claims against DPSS for civil rights violations and wrongful termination, the trial court entered judgment for DPSS and denie

More...   $0 (01-07-2009 - CA)

D.L. Anderson's Lakeside Leisure Co., Inc., M. Scott Statz and Steven Statz v. Donald Anderson and Anderson Marine, LLC

¶1 This is a review of a published court of appeals decision[1] concerning breach of contract and tradename infringement claims related to a business purchase agreement. The court of appeals affirmed the jury verdict finding breach and infringement but reversed the award of compensatory and punitive damages for tradename infringement, and remanded to the circuit court with an order that the att

More...   $0 (12-02-2008 - WI)

Southern Utah Wilderness Alliance, et al. v. The Automated Geographic Reference Center, et al.

¶1 The Southern Utah Wilderness Alliance (SUWA) appeals the district court’s order affirming the State Records Committee’s denial of records sought by SUWA from The Automated Geographic Reference Center (AGRC) pursuant to the Government Records Access and Management Act (GRAMA). The district court denied summary judgment to SUWA and granted summary judgment to the AGRC. We reverse.

BAC

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Jesus Herrera v. Pedro Estay, Rock Creek Development, LLC

This appeal arises from a negligence action brought by Appellant Jesus Herrera. Herrera appeals the district court’s grant of summary judgment and subsequent dismissal of his suit against Respondent Rock Creek Development, LLC (Rock Creek) and the district court’s dismissal of his complaint against Respondent Pedro Estay (Estay) due to Herrera’s failure to timely serve Estay. We vacate the j

More...   $0 (12-04-2008 - ID)

Australia Unlimited, Inc. v. Hartford Casualty Insurance Company and Potter, Leonard & Cahan, Inc.

An insurer's duty to defend arises "if the insurance policy

conceivably covers the allegations in the complaint, whereas the duty to indemnify exists only if the policy actually covers the insured's liability."1 Here,

the complaint filed by Crocs, Inc., in the federal lawsuit in Colorado against

Australia Unlimited (AU) alleges trade dress violations that are conceivably <

More...   $0 (12-15-2008 - WA)

Cherilyn Kellogg v. Metropolitan Life Insurance Co.; Pfizer Accidental Death and Dismemberment Insurance Plan

Plaintiff Cherilyn Kellogg brought this action against defendants Metropolitan Life Insurance Company and Pfizer Accidental Death and Dismemberment Insurance Plan, claiming she was wrongly denied accidental death and dismemberment benefits under an employee welfare benefit plan regulated by the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. §§ 1001-1461. Cherilyn

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Sumesh Thomas v. Thomas P. Dore, et al.

Although the general rule is that if the purchaser of a property at a foreclosure sale fails to make timely payment of the purchase price he thereby becomes obligated to pay interest on the unpaid balance, there have evolved at least three recognized exemptions from the strict application of that general rule. The question before us on this appeal is whether a purchaser's possible entitlement to o

More...   $0 (12-04-2008 - MD)

Robert K. Dee, Jr. v. Dorough of Dunmore; Dorough of Dunmore Council; Joseph Loftus; Thomas Hennigan; Joseph Talutto; Frank Padula; Leonard Verrastro; Michael Cummings, individually and in their capacity as Councilmen

Appellant Robert Dee, Jr. appeals from the final order of the United States District Court for the Middle District of Pennsylvania granting summary judgment in favor of Appellees the Borough of Dunmore, the Borough of Dunmore Council, and various Borough officials: Joseph Loftus, Thomas Hennigan, Joseph Talutto, Frank Padula, and Leonard Verrastro (collectively “the Borough”). In June of 2005,

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Pearl Cottier v. City of Martin

In September 2002, the American Civil Liberties Union brought an action on behalf of two Native Americans ("plaintiffs") against the City of Martin, South Dakota, and various city officials in their official capacities (collectively "Martin"). Plaintiffs challenged Ordinance 122, which redistricted the Martin City Council ("city council") ward boundaries, as intentionally and effectively diluting

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Seattle Affiliate of the October 22nd Coalition to Stop Police Brutality v. City of Seattle, et al.

We are presented with a conflict between those who wish to conduct a parade on Seattle’s city streets — a forum historically preferred by people who want to demonstrate their messages of honor, celebration or, as in this case, protest — and the city’s interests in traffic safety. The City of Seattle by ordinance gives its police chief, when issuing a parade permit, the discretion to requir

More...   $0 (12-16-2008 - WA)

Janelle Dietrich v. John Ascuaga's Nuggett; Michelle Malchow; Larry Harvey; City of Sparks; Sparks Police; Officer Potter; and Office Mike Cardella

Every year, thousands of people attend the “Best in the West Nugget Rib Cook-Off,” a multi-day event in downtown Sparks, Nevada. In 2002, Plaintiff Janelle Dietrich attended the event and attempted to register voters and to gather signatures for a political petition. Her activities prompted two incidents that resulted in the filing of this action.

On the first day, a police officer orde

More...   $0 (12-09-2008 - NV)

Ferne Carbo v. Redstone Township, et al.

This appeal asks whether a second class township’s sale of real property to a municipal authority which then conveyed the property to a predetermined third party violated a requirement of The Second Class Township Code (Township Code)1 that real property valued in excess of $1,500 be publicly advertised and sold by the township to the highest bidder. More particularly, Redstone Township (Townshi

More...   $0 (11-20-2008 - PA)

Steve Staeher, et al. v. The Hartford Financial Services Group, Inc.

This case is one of many stemming from the so-called “contingent commission”
4 arrangements between insurers and brokers that were prevalent prior to October 2004.
5 “Contingent commissions” is a euphemism for kickbacks— insurance brokers would receive
6 payments from insurers for steering business their way.
7 Appellants purport to represent all persons who acquired comm

More...   $0 (11-17-2008 - NY)

IMS Health, Inc. and Verispan, LLC v. Kelly A. Ayotte, New Hampshire Attorney General

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb

More...   $0 (11-28-2008 - NH)

Mennilli v. Mennilli

On February 6, 2004 at approximately 7 a.m., the plaintiff, Loriayn Mennilli, was bringing a newspaper to her grandfather who lived next door. At that time it was snowing.

After leaving her property, Ms. Mennilli slipped and fell on ice, causing her to break her ankle. Ms. Mennilli underwent surgery (hardware implant), a year of physical therapy, a second surgery (hardware removal), and

More...   $35000 (11-25-2008 - CT)

Mission Hospital Regional Medical Center, et al. v. Sandra Shewry, etc.

We enter here into the arcane world of Medicaid law to answer a fundamental question: does a federal statute imposing notice and comment requirements apply to actions taken or mandated by a state legislature? In 2004, the California Legislature, as part of adopting a state budget after the Constitutional budget deadline had expired, proposed and enacted over only a three-day period a freeze on the

More...   $0 (11-19-2008 - CA)

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