Anthony R. Gold, et al. v. Ziff Communications Company |
Plaintiffs Anthony Gold (Gold), PC Brand, Inc. (PC Brand), Software Communications, Inc. (SCI), and Hanson & Connors, Inc. (Hanson), sued defendant Ziff Communications Company, doing business as Ziff-Davis Publishing Company (Ziff), for breach of contract, seeking damages arising from Ziff's alleged breach of an agreement which provided that any company controlled by Gold could advertise in Ziff's $0 (03-31-2002 - IL) |
Jerry H. Sharp v. Charles Q. Lindsey, Superintendent of Knox County Schools, in his individual and official capacities, and Knox County Board of Education |
The plaintiff, Jerry H. Sharp, was Principal of Gibbs High School in Knox County, Tennessee, for 22 years. He had previously worked for 15 years as a teacher in the Knox County school system, and he retained his status as a tenured teacher after his promotion. The chain of events that led to this lawsuit began in May of 1999, when the Knox County Board of Education undertook considerat $0 (03-28-2002 - TN) |
Larry Horton v. City of St. Augustine, Florida |
Defendant City of St. Augustine ("City") appeals the district court's preliminary injunction against the enforcement of Ordinance 2000-03, which restricted street performances in a four-block area of the City's historic district. Because the district court erred, we reverse, and vacate its injunction. I. BACKGROUND This appeal involves the regulation of street performances in a four-block area $0 (11-15-2001 - FL) |
Gun Owners' Action League, Inc., et al. v. Jane Swift, et al. |
This case requires us to consider the constitutionality of "An Act Relative to Gun Control in the Commonwealth," a law that placed new restrictions on guns classified as "Large Capacity Weapons," and increased the penalties for unlicensed possession. 1998 Mass. Acts ch. 180, §§ 1-80 (codified in Mass. Gen. Laws ch. 140 et seq.) ("Act"). Plaintiffs allege that the Act is unconstitutional because of $0 (03-26-2002 - MA) |
Tony Brummett v. Lee Enterprises, Inc. d/b/a The Decatur Herald and Review |
In this Title VII case, we apply the familiar burden- shifting standards of McDonnell Douglas v. Green, 411 U.S. 792 (1973) to plaintiff Tony Brummett's claim of racial discrimination by former employer Decatur Herald and Review ("the Herald"). The district court granted summary judgment to the Herald, finding that Brummett failed to make out a prima facie case of discrimination under Mc $0 (03-26-2002 - IL) |
Nelson Walker, et al. v. City of Lakewood |
This case presents the question of when an independent fair housing services provider engaged in advocacy efforts may sue the city with whom it contracts for retaliating against the provider in response to that advocacy. We hold that, as a general matter, retaliation against independent providers can be actionable under the federal Fair Housing Act, 42 U.S.C. § 3617, and the California Fair $0 (11-01-2001 - CA) |
Whitlock Construction, Inc. v. South Big Horn County Water Joint Power Board, et al. |
[1] This is an appeal from a district court order dismissing Whitlock Construction’s claims based upon the finding that no binding contract existed between Whitlock and the South Big Horn County Water Supply Joint Powers Board (JPB). We hold that a contract did exist between Whitlock and the JPB but affirm the order dismissing the claims on the ground that performance under the contract $0 (03-06-2002 - WY) |
In re Establishment of PERRIS CITY NEWS as a Newspaper of General Circulation. |
The publisher of a newspaper appeals from a judgment declaring one of its competitors to be a newspaper of general circulation. After concluding that we have exclusive appellate jurisdiction over the appeal despite conflicting language in Government Code section 6026, we affirm. FACTUAL AND PROCEDURAL BACKGROUND The Perris Progress (the “Progress”) is a newspaper published and di $0 (03-15-2002 - CA) |
Manuel de Llano v. North Dakota State University |
Manuel de Llano, formerly an employee of North Dakota State University, filed this 42 U.S.C. § 1983 suit against several NDSU administrators (collectively, the defendants), alleging that his termination as a tenured physics professor violated his First Amendment and procedural due process rights. The district court1 granted the defendants' motion for summary judgment, and we affirm. * * * I $0 (03-13-2002 - ND) |
Dean West and Lyndell Eickholz v. Prudential Securities, Inc. |
According to the complaint in this securities-fraud action, James Hofman, a stockbroker working for Prudential Securities, told 11 of his customers that Jefferson Savings Bancorp was "certain" to be acquired, at a big premium, in the near future. Hofman continued making this statement for seven months (repeating it to some clients); it was a lie, for no acquisition was impending. And if $0 (03-14-2002 - IL) |
Detroit Typographical Union, Local 18 v. Detroit Newspaper Agency |
The Detroit Newspaper Agency ("DNA"), which conducts joint operations for the Detroit Free Press and Detroit News newspapers, appeals two judgments of the District Court in these related cases arising in the aftermath of a strike against the newspapers by the Detroit Typographical Union, Local 18 (the "Union"). The Union sued DNA (No. 00-1613) after the strike had ended to compel arbitration of th $0 (03-14-2002 - MI) |
Donaldson v. Central Illinois Public Service Company |
This is a toxic tort case. Plaintiffs are the parents of four children suing, on their own behalf and on behalf of their children, inter alia, Central Illinois Public Service Company (CIPS), the owner of a former manufactured gas plant in Taylorville, Illinois (Site). The plaintiffs alleged that certain acts or omissions by CIPS, and three of its contractors, during the cleanup of the Site caused $3200000 (02-22-2002 - IL) |
Tortica Anderson v. G.D.C., Inc. d/b/a Unlimited Trucking |
Tortica Anderson brought this action against her former employer, G.D.C., Incorporated (G.D.C.), alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, see 42 U.S.C.A. SS 2000e-2(a)(1), 2000e-3(a) (West 1994). Anderson now appeals rulings of the district court granting judgment as a matter of law to G.D.C. on the retaliation claim and denying her mo $15000 (02-25-2002 - PA) |
Thomas L. Cicero and Marlene Cicero v. Borg-Warner Automotive, Inc., et al. |
Plaintiffs, Thomas Cicero and his wife Marlene Cicero, appeal from a district court order granting summary judgment to Defendant Borg-Warner Automotive Automatic Transmissions Systems Corp. ("Borg-Warner"). The district court gave Borg-Warner judgment on Thomas Cicero's age discrimination claim and dismissed Plaintiff Marlene Cicero's loss of consortium claim. In this case the plaintiffs sued for $0 (02-13-2002 - MI) |
Maryanne Shelddrick Paige v. Police Department of the City of Schenectady, et al. |
Maryanne Sheldrick Paige appeals the decision by the district court (Hurd, J.) granting summary judgment to defendants on the grounds that the statute of limitations on her 42 §§ U.S.C. 1983, 1985 and 1986 claims had expired. We affirm the decision of the district court. BACKGROUND Appellant Maryanne Sheldrick Paige instituted this action on April 2, 1997, alleging causes of action pursu $0 (09-05-2001 - NY) |
Martin Schall v. Amboy National Bank |
In this putative class action, plaintiff Martin Schnall alleges that the newspaper advertisements and account disclosures of defendant Amboy National Bank ("the Bank") violated the Truth in Savings Act ("TISA"), 12 U.S.C. SS 4301-13, and regulations promulgated by the Federal Reserve Board pursuant to the Act. In particular, Schnall contends that the Bank failed to calculate the advertised $0 (01-28-2002 - NJ) |
Goble Jessup v. Robert Luther, et al. |
A newspaper publisher appeals from the denial of its motion to unseal a settlement agreement that had been sealed and deposited in the federal district court in which the motion was made. The agreement resolved a dispute between a former vice president of a public college, and the college, concerning the termination of his contract of employment. He had sued the college in federal distri $0 (01-17-2002 - IL) |
O'Connell v. Bean |
In a legal malpractice case, due to the failure of plaintiff's counsel to include the out-of-state defendant's address in an affidavit submitted pursuant to the service of process provisions of the Long-Arm Statute, the trial court lacked in personam jurisdiction over the defendant at the time it entered default orders and judgments, and those rulings were void. The case is remanded for trial on t $0 (01-11-2002 - VA) |
American Family Association, et al. v. City and County of San Francisco, et al. |
American Family Association, Inc., Donald E. Wildmon, Kerusso Ministries and Family Research Council appeal the district court's dismissal of their Section 1983 action for failure to state a claim. In their complaint, Plaintiffs alleged that the City and County of San Francisco violated the First Amendment and the California Constitution by formally disapproving of an advertising campaign that $0 (01-16-2002 - CA) |
Roger D. Speer v. City of Wynne, Arkansas |
Roger D. Speer filed this action pursuant to 42 U.S.C. § 1983, alleging that the City of Wynne, Arkansas (City), the City's mayor, James Green, and Deputy Prosecuting Attorney Danny Glover violated his procedural due process right to a name-clearing hearing. The district court granted summary judgment to Prosecutor Glover and, following a bench trial, entered judgment against the City but in f $0 (01-14-2002 - AR) |
Thomas M. Godfrey v. Pulitzer Publishing |
Appellants Thomas M. Godfrey, et al., brought an action against Pulitzer Publishing Co. ("Pulitzer") pursuant to the Robinson-Patman Act § 2(a), 15 U.S.C. § 13(a) (1994), claiming that appellee had engaged in anticompetitive sales of its newspaper, the St. Louis Post-Dispatch ("the Post-Dispatch"). The district court 2 granted summary judgment in favor of Pulitzer and the appellants brought thi $0 (01-09-2002 - MO) |
Paul Schwartz v. Brotherhood of Maintenance of Way Employees |
This appeal requires us to decide whether a union breached its duty of fair representation to several members. The district court granted summary judgment to Defendant, the Brotherhood of Maintenance of Way Employes, and dismissed the case. Plaintiffs, primarily former union members, appeal. We exercise jurisdiction pursuant to 28 U.S.C. § 1291. Our recitation of the facts warrants some preli $0 (09-04-2001 - WY) |
Donna K. Ericson v. City of Meriden |
Following a jury trial on a claim of employment discrimination because of retaliation, in which the jury awarded plaintiff $275,000 in damages, defendant, the City of Meriden (the "City"), moves pursuant to Rule 50 for judgment as a matter of law or, alternatively, pursuant to Rule 59 for a new trial. In order to reach the issue of damages, the jury had to first answer four special interroga $0 (12-17-2001 - CT) |
Ramona Barrios v. Wal-Mart Stores, Inc. |
In this action for negligence against a merchant, the plaintiff appeals the grant of summary judgment in favor of the merchant upon the finding that the plaintiff could not prove the mandatory temporal element of her cause of action under LSA-R.S. 9:2800.6. For the following reasons, we reverse. On April 3, 1995, Ramona Barrios and her daughter-in-law, Tanya Barrios, went to Wal-Mart in Sl $0 (12-28-2001 - LA) |
Chicago Tribune Company v. Bridgestoen/Firestone, Inc. |
Daniel Van Etten, an eighteen-year old football player from West Virginia University, died as a result of injuries sustained in a roll-over automobile accident. In April of 1998, his parents filed suit in the Southern District of Georgia, claiming that Bridgestone/Firestone, Inc.'s negligent design and manufacture of the tires on Daniel's Ford Explorer were the proximate cause of his death. (1) At $0 (08-28-2001 - IL) |
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