Marsha Hardeman filed this action against the City of Albuquerque; the former Mayor, Jim Baca; and her former supervisor, city employee Theresa Trujeque, alleging violations of her First and Fourteenth Amendment rights and seeking damages under 42 U.S.C. §§ 1981 and 1983. Specifically, Ms. Hardeman alleged 1) that she was terminated from her employment as a Department Director of the Albuq

We hold an injunction absolutely enjoining defendant Anne Lemen from making certain statements adjudicated to be defamatory under common law causes of action for libel and slander constitutes a content-based prior restraint on speech in violation of the First Amendment to the United States Constitution and article I, section 2, subdivision (a) of the California Constitution. A content-bas

Defendant-appellant David Meneley, the former sheriff of Shawnee County, Kansas, appeals the district court's denial of his defense of qualified immunity.(1) Plaintiffs-appellees Janet Price, Patricia McClellan, and Kenneth Eaton brought suit against Meneley under 42 U.S.C. § 1983 and various state statutes for allegedly violating their First Amendment rights by misusing his position as sheriff to

This is an appeal from the March 19, 2003, order of the district court for Douglas County dismissing this declaratory judgment action. The action was brought by appellee and cross-appellant, State Farm Mutual Automobile Insurance Company (State Farm), against appellees Allstate Insurance Company (Allstate), H. Michael Harvey, and Gerald Campbell and appellant, Paul Steenson. Steenson was realig

Under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1401, et seq., ("IDEA"), a state that accepts federal funding to educate disabled children must provide such children with an education that is free, public, and appropriate. Alex R.1, through his mother, appeals from the district court's entry of judgment in favor of the Forrestville Valley, Illinois Community Unit Schoo

1 John F. Long appeals the trial court's dismissal of his suit against the City of Glendale. Long sued Glendale after the City decided to commercially develop property adjacent to its airport. For the reasons set forth below, we affirm in part, reverse in part and remand for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

2 Twenty years ago, Long either sol

This case is a spin-off of the highly publicized and controversial litigation over the validity of "second-parent" adoptions in Sharon S. v. Superior Court (2003) 31 Cal.4th 417. In this matter, Sharon S. (Sharon) appeals from an order denying her special motion to strike a libel complaint filed against her by her former partner in a lesbian relationship, Annette F. (Annette). We conclude th

In this workers' compensation case, Silver Fountain Inn (" Employer") appeals the decision of the Labor and Industrial Relations Commission (the "Commission") to award death benefits under Section 287.240(FN1) to Geneva Henley's ("Employee") granddaughters, Ellie Yeary, Dana Yeary, and Jannah Yeary (collectively "Claimants"). At issue is whether or not Employee's grandchildren were actually depend

This case raises the question: what could be worse than having most of your home burn down in a fire? The answer, of course, is having the rest of it burn down a couple of days later in a second fire. What would make the situation dramatically worse, however, is if the fire department determined that the second fire was intentionally set (possibly by you) and called in federal authoritie

Roger Koehn appeals from a final order entered in the United States District Court1 for the Southern District of Iowa granting summary judgment in favor of Indian Hills Community College (IHCC) and James Lindenmayer (together defendants) on his claims alleging wrongful discharge in violation of the First Amendment and state public policy. Koehn v. Indian Hills Community College,

-2- No

The request of the Attorney General for a writ of mandamus against the Secretary of State is denied at this time, without prejudice. The Secretary of State has a duty to take all necessary actions to properly submit Senate Joint Resolution 29 to the voters of Missouri at the August 3, 2004, election.

The former wife appeals, and the former husband cross-appeals, a final judgment of dissolution of marriage. The former wife contends that the trial court abused its discretion in denying permanent periodic alimony and rehabilitative alimony. The former husband asserts that the court abused its discretion by including the following reservation in Paragraph 4 of the final judgment:

The

The district judge dismissed this suit to enjoin, under 42 U.S.C. § 1983, the prosecution of the plaintiff under Indiana's flag-desecration statute. The statute provides that "a person who knowingly or intentionally mutilates, defaces, burns, or tramples any United States flag, standard, or ensign commits flag desecration, a Class A misdemeanor," Ind. Code § 35-45-1-4(a), for which the

In this case of first impression, the principal issue is whether a private, non-profit entity designated by a municipality as a redeveloper of property donated to it by the municipality is a "public body" within the meaning of the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to –21, thereby requiring the Board of Trustees of the redeveloper to open its meetings to the public. The secondary

In California the accrual of causes of action growing out of the publication of defamatory or other tortious statements is governed by the single-publication rule. Under the rule one cause of action will arise, and the statute of limitations will commence running, upon the first general publication or broadcast of a tortious statement, notwithstanding how many copies of the publication ar

Petitioner David Johanes Wiransane appeals a decision by an immigration judge (IJ), affirmed by the Board of Immigration Appeals (BIA), denying his claims of eligibility for asylum and for restriction on removal under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101, et seq. A native and citizen of Indonesia, Petitioner claims that he fears persecution in Indonesia because of anti-Chi

Theodore Montgomery appears to have let his claims get away from him. He raises some eleven propositions, as nearly as we can tell, covering violations of procedural due process and various state tort claims. The defendants, unhelpfully unfamiliar with final order law, seek to challenge the preservation of Mr. Montgomery's appeal. One of them, the Fraternal Order of Police (FOP) seeks attorneys

Evelyn Bodett and her husband, David Bodett, appeal an adverse grant of summary judgment on her claims of: (1) religious discrimination under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e to 2000e-17, the Arizona Civil Rights Act ("ACRA"), Ariz. Rev. Stat. §§ 41- 1461 to -1467, and the Arizona Employment Protection Act ("AEPA"),1 Ariz. Rev. Stat. §§ 23-1501 t

In this appeal we conclude that the failure on the part of two divorcing spouses to exchange final declarations of disclosure (Fam. Code, §2105) does not constitute a "get-a-new-trial-free" card, giving either one of them the automatic right to a new trial or reversal on appeal when there is no showing of a miscarriage of justice. (Cal. Const., art. VI, § 13.) We also deal with several m

In a single issue, appellant Bridgestone Corporation ("Bridgestone") contends the trial court erred in denying its special appearance. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (Vernon Supp. 2004); Tex. R. App. P. 28.1. We affirm.

Background

This interlocutory appeal arises out of a single-vehicle automobile crash which occurred in Mexico on August 3, 2000. Appel

On February 21, 1994, David Durbin was installing and changing lights at a baseball field owned by Culberson County and used by the Culberson County Independent School District. Durbin was electrocuted and died as a result. On February 16, 1996, Durbin's wife, children and estate sued the County and the School District under the wrongful death and survival actions of Texas Civil Practice and

Plaintiffs sued over the use of their computer-altered childhood likenesses in nationally-broadcast children's television programming more than two years after all broadcasts had ceased. On appeal, they contend that the trial court erred in ruling that their claims were subject to the Uniform Single Publication Act (USPA) (Civ. Code, § 3425.1 et seq.) and were therefore barred by the stat

Plaintiff, William Werst, sued defendants, Three Fires Council of the Boy Scouts of America (the Council) and the Boy Scouts of America (BSA), seeking, inter alia, a declaratory judgment (735 ILCS 5/2--701 (West 2002)) that the revocation of Werst's BSA membership was inconsistent with the organization's rules. In another count of Werst's 10-count amended complaint, Werst sought a writ of manda

This is an interlocutory appeal from a denial of qualified immunity in a § 1983 action alleging deprivation of procedural due process and First Amendment rights. Plaintiffs-Appellees allege that the individual Defendants-Appellants deprived them of their constitutional rights by terminating their employment without procedural due process and in retaliation for exercise of the Plaintiffs' right

Roy L. Beavers, Jr. and Valerie E. Beavers (collectively "Appellants," individually "Roy" and "Valerie," respectively) are owners or have an interest in Lots 6 and 7 of Lake Shore Estate subdivision in Laclede County, Missouri. (FN1)

They appeal from the judgment of the trial court dismissing their petition for declaratory judgment and injunctive relief against Respondent Recreation Assoc