Elizabeth Anderson v. U.S.F. Logistics, Inc. |
In this appeal from a denial of a preliminary injunction, Elizabeth Anderson argues that the district court erred in concluding that she was not likely to succeed on her claim that her employer, U.S.F. Logistics ("U.S.F."), engaged in religious discrimination. * * * Elizabeth Anderson is a believer in and follower of the Christian Methodist Episcopal faith. As an expression of her $0 (12-14-2001 - IN) |
Sharon Gernetzke, et al. v. Kenosha Unified School District No. 1, et al. |
Two high-school students sued a Wisconsin public school district and two of its administrators, the superintendent of the district and the principal of the plaintiffs' school (which is located in the City of Kenosha), charging violations of their constitutional and statutory rights to religious freedom. They sought both damages and injunctive relief. The individual defendants were sued o $0 (12-14-2001 - WI) |
Maureen Roche v. Peter O'Meara, et al. |
Plaintiff Maureen Roche (“Roche”) brought this action against defendants Peter O’Meara (“O’Meara”), Charles Hamad (“Hamad”), George Moore (“Moore”), Thomas Harris (“Harris”), William Ale (“Ale”), Thomas Palumbo (“Palumbo”) and Belinda Weaver (“Weaver”) in five counts. Count One sets fort $0 (11-30-2001 - CT) |
Phoenix Newspapers, Inc. v. Lisa Graham Keegan |
This case requires us to review a superior court's decision that some of the questions in a statewide academic test are open to public inspection under Arizona's public records law. The superior court, exercising special action jurisdiction, granted partial relief to the plaintiff, a newspaper publisher. The court ordered that the defendants, a State officer and State agencies, allow the new $0 (11-28-2001 - AZ) |
Wampler v. Higgins |
In Milkovich v. Lorain Journal Co. (1990), 497 U.S. 1, 21, 110 S.Ct. 2695, 2707, 111 L.Ed.2d 1, 19, the United States Supreme Court rejected the notion that “an additional separate constitutional privilege for ‘opinion’ is required to ensure the freedom of expression guaranteed by the First Amendment” to the United States Constitution. This court later decided, however, th $0 (08-29-2001 - OH) |
Brian J. Donovan v. RRL Corporation |
Defendant RRL Corporation is an automobile dealer doing business under the name Lexus of Westminster. Because of typographical and proofreading errors made by a local newspaper, defendant’s advertisement listed a price for a used automobile that was significantly less than the intended sales price. Plaintiff Brian J. Donovan read the advertisement and, after examining the vehicle, attem $0 (07-30-2001 - CA) |
Shirley Hutsell v. Larry G. Massanari |
Shirley Hutsell appeals from the district court’s grant of summary judgment in favor of the Commissioner of the Social Security Administration on her application for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 416(i) & § 423. We reverse and remand with instructions to remand to the Social Security Administration. Hutsell was born on June $0 (08-01-2001 - AR) |
Jules Polonetsky, &c., et al. v. Better Homes Depot, Inc. et al. |
This case involves two issues. First, defendants claim that their activities do not involve "consumer goods or services" within the DCA's jurisdiction. Second, defendant Fessler claims that he cannot be subjected to personal liability because none of the allegedly fraudulent acts were committed for his individual benefit. We disagree with defendants as to both contentions, and therefore reverse th $0 (11-19-2001 - NY) |
Koenig & Bauer-Albert AG v. United States |
The United States Court of International Trade sustained the United States Department of Commerce’s results of an antidumping duty investigation on all but one issue, which is not on appeal here, and remanded for further determination. Koenig & Bauer-Albert AG v. United States, 15 F. Supp. 2d 834 (Ct. Int’l Trade 1998) (Koenig I). The Court of International Trade later sustained Comm $0 (08-09-2001 - DC) |
Jules Polonetsky, &c., et al. v. Better Homes Depot, Inc. et al. |
New York City's Consumer Protection Law prohibits "any deceptive or unconscionable trade practice in the sale, lease, rental or loan of any consumer goods or services" (Consumer Protection Law [Administrative Code] § 20-700). Defendants, Better Homes Depot and its president, Eric Fessler, are in the business of purchasing, repairing and then reselling homes in New York City. In its enforcement cap $0 (11-19-2001 - NY) |
Directors, First Church of Christ v. David J. Nolan |
In these appeals, we are asked to evaluate the validity of the exer- cise of jurisdiction by the district court in the Western District of North Carolina over an Arizona defendant, based on that defendant's contributions to a website created and maintained by a North Carolina co-defendant. For the reasons that follow, we conclude that jurisdic- tion was proper and we affirm the district court $0 (07-26-2001 - NC) |
Fort Worth Star-Telegram v. Street |
The Fort Worth Star-Telegram, Star-Telegram, Inc., and Star-Telegram Newspaper, Inc., D/B/A Fort Worth Star-Telegram (collectively “the Star-Telegram”), appeal from the trial court’s denial of their motion for summary judgment. Appellee, John Street, sued the Star-Telegram for libel arising from a Letter to the Editor published in the Fort Worth Star-Telegram. The letter addre $0 (11-08-2001 - TX) |
John P. Conley v. Roman Catholic Archbishop of San Francisco, et al. |
The trial court sustained a demurrer to the complaint of the Reverend John P. Conley (appellant) without leave to amend. Appellant contends that the trial court erred in finding that the complaint presented an ecclesiastical dispute not within the jurisdiction of civil authority. We conclude that judicial review of appellant’s causes of action is permissible in light of the strong compellin $0 (12-29-2000 - CA) |
Shirley Gasper v. Wal-Mart Stores |
After Wal-Mart Stores terminated Shirley Gasper, she brought this action alleging that her discharge was unlawful because a report she had made to law enforcement authorities about customer photos was protected under Nebraska law. The case was tried to a jury whose verdict was for Wal-Mart. Gasper's motion for a new trial was denied by the district court,1 and she appeals on the basis of the i $0 (11-09-2001 - NE) |
The Providence Journal Company v. Providence Newspaper Guild |
Providence Journal Company and Providence Newspaper Guild were parties to a collective bargaining agreement. After a dispute arose over the interpretation of a clause in the agreement, the Guild filed a grievance. The parties submitted the matter to arbitration, and the arbitrator ruled in favor of the Guild. The Journal then filed this action in district court seeking to vacate the arbitrator's d $0 (11-09-2001 - RI) |
Addie P. Jackson v. Homeowners Association Monte Vista Estates-East |
Plaintiffs Addie Jackson, Wade Sargent, and Genevieve Sargent (plaintiffs), brought this action to challenge certain provisions of the conditions, covenants, and restrictions (CC&R’s) adopted by defendant homeowners association.2 Primarily, the action sought to invalidate a provision which purported to restrict home ownership in the subdivision to persons age 55 and older who live on the $0 (11-05-2001 - CA) |
Lane v. Lyons and Times-Herald Record |
Automobile Accident - head-on collision - wrongful death - Plaintiff's decedent was fatally injured when her vehicle was hit head-on by a Times-Herald Record newspaper delivery man ("paper boy") who had completed his deliveries and was driving him own automobile at the time of the accident. The Times-Herald denied that the deliveryman was an employee and was an independent contractor. The del $1490000 (09-27-2001 - NY) |
Grace Langill v. Vermont Mutual Insurance Company |
In this Massachusetts diversity case plaintiff-appellant, Grace Langill, the insured owner of a residential property, challenges the invocation by defendant-appellee insurance company, Vermont Mutual Insurance Co., of a statutorily required "vacancy" exclusion in plaintiff's policy, to deny coverage for fire damage to the property. Appellant appeals from a partial summary judgment granted to defen $0 (10-18-2001 - MA) |
Darrah v. City of Oak Park |
Plaintiff-Appellant Lucinda Darrah ("Darrah" or "plaintiff") appeals the district court's decision granting summary judgment to Officer Russell Bragg ("Bragg") on her excessive force and malicious prosecution claims, both brought pursuant to 42 U.S.C. § 1983. We AFFIRM the district court's decision. I. Background Early in the morning on October 8, 1995, Lucinda Darrah arrived at the Detroit $0 (06-22-2001 - MI) |
Darwin v. Gooberman, M.D. |
This is a medical-malpractice case in an unusual context. The four-count complaint asserts several theories of liability .. negligence and malpractice, lack of informed consent, assault and battery, breach of contract, and product liability. Plaintiff never served an affidavit of merit on defendant pursuant to N.J.S.A. 2A:53A-27. The Law Division judge dismissed plaint More... $0 (03-05-2001 - NJ)
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DANIEL WILLIAM LACOMB and GAIL ANN LACOMB, Plaintiffs, v. JACKSONVILLE DAILY NEWS COMPANY, Defendant |
Plaintiffs were arrested 6 November 1998 and each charged with misdemeanor counts of contributing to the delinquency of two minors. The warrants alleged that plaintiffs “knowingly” did “cause, encourage and aid” the named juveniles “to commit an act, drinking beer and smoking cigarettes, and engage in a sex act, whereby that juvenile could be adjudicated delinquent. $0 (03-20-2001 - NC) |
Dye, et al. v. Wallace, et al. |
Angie Dye, individually and as next friend and legal guardian of Lauren Licklider, a minor, filed suit against appellees, reporter Jim Wallace and his employer, McDuffie County Newspapers, Inc., which operates a weekly newspaper in Thomson. Dye sought damages for invasion of privacy by unlawful publication arising out of an article written by Wallace and printed in the newspaper reporting the st $0 (10-10-2001 - GA) |
Tourus Records, Inv. v. Drug Enforcement Administration |
Petitioner Tourus Records, Inc. seeks review of the Drug Enforcement Administration's (DEA's) denial of its application to proceed in forma pauperis in a forfeiture proceeding. We find the DEA's decision to be reasonable and supported by substantial evidence, and we therefore affirm its denial of Tourus' application. In More... $0 (08-17-2001 - DC)
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Ellis Leroy Crabtree v. National Steel Corporation, Granite Steel Division |
Ellis (Jim) Crabtree filed this suit alleging that his former employer, Granite City Steel Division of National Steel Corporation ("Granite City Steel"), failed to rehire him in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. sec. 621 et seq. The jury found in favor of Granite City Steel, and the district court denied Crabtree a new trial. On appeal, Crabtree r $0 (08-20-2001 - IL) |
Ernest F. Albiero v. City of Kankakee, et al. |
Ernest Albiero brought this action against the City of Kankakee, Mayor Donald Green, and other unknown agents of the City (collectively "the City"). He alleged that his right to equal protection of the laws had been violated when the City placed a "slum lord" sign on his property. The district court granted summary judgment for the City. For the reasons set forth in the following opinion, $0 (04-05-2001 - IL) |
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