Jeff T. Caprin and Michele A. Caprin ("the Caprins") on behalf of themselves and investors who purchased Simon Transportation Service stock during the class period, appeal the district court's dismissal of their Private Securities Litigation Reform Act of 1995 claims against Simon Transportation Services(1) ("STS") and three of its corporate officers, Richard D. Simon, Kelle A. Simon, and Alban

The plaintiff, Dr. Karin Pagel Meiners, Ph.D., appeals the district court's grant of summary judgment to the defendants on all her claims. Dr. Meiners sued her former employer, the University of Kansas, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that she was denied tenure in retaliation for her filing of discrimination complaints. She also sued the Univ

Troy Keturi appeals several legal and factual findings made by the standing master and adopted by the superior court in connection with his divorce trial. W e conclude that the superior court did not err in aggregating his past income for child support purposes, in finding that his earning potential would not be adversely affected by his physical condition in the immediate future, in charac

In 1998, Plaintiff Christina Axson-Flynn entered the University of Utah's Actor Training Program (ATP). Axson-Flynn, who is Mormon, refused to say the word "fuck" or take God's name in vain during classroom acting exercises. During Axson-Flynn's first semester in the program, Defendants--all ATP faculty members--told Axson-Flynn to "get over" her refusal to use those words, saying that not usin

Troy Keturi appeals several legal and factual findings made by the standing master and adopted by the superior court in connection with his divorce trial. W e conclude that the superior court did not err in aggregating his past income for child support purposes, in finding that his earning potential would not be adversely affected by his physical condition in the immediate future, in charac

In the early 1960s, the United States acquired for a modest sum an 8.6 acre plot of land in Wellfleet, Massachusetts, as part of the creation of the Cape Cod National Seashore. Remote descendants of a man who owned the property until his death in 1873 now seek to overturn a 1964 state court judgment clearing title in favor of the United States' predecessor in interest. The federal district cour

The Tool Box, Inc., wishes to open a nude-dancing establishment in Ogden City, Utah, within the boundaries of the Ogden Commercial and Industrial Park (the Industrial Park). Because the Industrial Park is zoned M-2, the location of the establishment would not violate the requirements of the City's ordinance regulating businesses that are sexually oriented (the BSO Ordinance). The Industrial Park i

On September 17, 2002, the Hall County Court, sitting as a juvenile court, entered an order terminating the parental rights of Mercedes S. to her minor children, Mainor T. and Estela T., pursuant to Neb. Rev. Stat. § 43-292(1) and (7) (Reissue 1998). The father of the children left the family shortly after Estela was born and is not a party to this action. Mercedes appeals the termination of her p

Age, sex and retaliation claims by former 54-year-old Williamson County assistant attorney who claimed that she was fired over a over an incident involving a newspaper clipping.

County Attorney Gene Taylor claimed that Collins was fired because of poor job performance.

The Counsel for Discipline filed formal charges against respondent Merritt E. James. After a formal hearing, the referee concluded that James had violated the Code of Professional Responsibility and recommended a suspension of 30 days. For the reasons stated below, we suspend James from the practice of law for 90 days.

James was admi

Barbie, the ubiquitous doll produced by Mattel, has been a regular visitor to our court.1 This time she brings with her an issue of personal jurisdiction - not over her, but over a German toy company which has questioned her ancestry by asserting that Barbie was a copy of its doll and that Mattel had infringed its patent and other intellectual property rights. The German company, Greine

Appellant Adam Ray Meyer was sentenced to a minimum term of ten years in Nevada State Prison after a jury convicted him of one count of sexual assault. Meyer alleges several errors on appeal, including juror misconduct.[2] Having considered his assignments of error, we reverse Meyer's sexual assault conviction. We specifically address his arguments regarding juror misconduct in order to clar

In 1980, respondent Ernest Smith (Smith) shot and killed his wife. He pleaded guilty to second degree murder and admitted using a firearm and as a result was sentenced to an indeterminate term of 17 years to life. On February 28, 2001, the Board of Prison Terms (the Board) conducted a parole consideration hearing, and a majority found Smith suitable for parole. (See Pen. Code, § 3041.) On

Petitioner Fisherman's Wharf Bay Cruise Corporation, doing business as "Red and White Fleet" (Red and White), competes against its sole and dominant competitor, real party in interest Blue and Gold Fleet, Inc. and affiliated entities (collectively, Blue & Gold), in providing regularly scheduled sightseeing tours on San Francisco Bay (bay cruises). Red and White filed an antitrust lawsuit agai

Plaintiff, University Professionals of Illinois, Local 4100 of the Illinois Federation of Teachers, is a labor organization that represents workers employed by state universities (Local 4100). Plaintiff, Mitchell Vogel, is the president of Local 4100. The Illinois Board of Higher Education (IBHE) is a public body that coordinates educational, research, and public service programs for the state

Appellant John Adi appeals from a grant of summary judgment in favor of apellee's Prudential Property and Casualty Insurance Company, a Subsidiary of the Prudential Insurance Company of America, and Dan Brown, dismissing his defamation claim against apellee's. We affirm.

Adi's lawsuit was based upon alleged defamatory statements contained in an internal Prudential claims note written by Br

This case is before the court on automatic and direct review of a judgment of conviction and sentence of death following defendant's convictions for two counts of aggravated murder involving a single victim and 11 additional felony convictions. Former ORS 163.150(1)(g) (1997), repealed by Or Laws 1999, ch 1055, § 1; (1) ORAP 12.10. On review, defendant asks this court to reverse his convictions

The plaintiff, Wendell C. Harp, an African- American real estate developer and architect who owns and manages seven low and moderate income housing developments1 financed by the Connecticut Housing Finance Authority (CHFA),2 appeals3 from the judgment of the trial court rendered in favor of the defendants, Gary E. King, Vincent J. Flynn, Lawrence C. Pilcher and Regina Rentz, who are all

Appellants Jack Michael Walker ("Father"), and Jack L. and Stella Walker ("Grandparents") appeal the granting of the petition for the adoption of Father's natural son filed by Jennifer Renee and Kevin Eugene Campbell, the child's mother and her husband ("the Campbells"). We reverse.

Issue

The dispositive issue may be restated as whether Indiana's adoption statutes which have op

Harpal Singh Cheema (Cheema) and his wife Rajwinder Kaur petition for review of an order of the Board of Immigration Appeals (the Board) denying them asylum and the withholding of deportation and holding them eligible for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) but granting them only deferral of removal. We hold that

This matter is before the court on the National Labor Relations Board's ("NLRB") petition for an order enforcing its July 31, 2001, order. The order concludes that Interstate Builders, Inc. ("Interstate") committed unfair labor practices in Oklahoma in violation of sections 8(a)(1) and (3) of the National Labor Relations Act (the "Act" or "NLRA"), codified at 29 U.S.C. § 158(a)(1) & (3). The Bo

Appellant filed a claim in the district court for damages against Defendant Welch(1) based on negligence after Appellant sustained injuries when the car that he was driving was struck by a car driven by Mr. Welch. In his complaint, Appellant alleged that Mr. Welch, an Osco employee, was acting within the scope of his employment at the time of the accident. Appellant sought to hold Osco liable f

This is an appeal from an order finding that the notice of tax sale provided to the appellant fulfills constitutional due process requirements and denying the appellant's request that the procedures be held unconstitutional. We hold that Ark. Code Ann. § 26-37-301 (Repl. 1997), fulfills constitutional due process requirements and provides sufficient notice to nonresident landowners prior to the

Criminal Law - Felony: Corbie Dale Grimes ("Appellant") appeals his conviction for aggravated sexual assault, for which he was sentenced to imprisonment for life and fined ten thousand dollars. Appellant raises six issues on appeal. We affirm.

Background

J.E. testified that he met Appellant when he was eleven years old while participating in a play at the church he attended with hi

Peter A. Doran and Wendy E. Saunders brought this action under 42 U.S.C. § 1983 against the Massachusetts Turnpike Authority, its chairman and members of its board (collectively, "MTA"). Plaintiffs complain that the FAST LANE Discount Program ("FLDP" or "program") established by MTA violates the dormant Commerce Clause of the United States Constitution. U.S. Const. art. I, § 8, cl. 3. That prog