This petition for review comes before us on remand from the Supreme Court. Previously we held, with Judge Leval dissenting, that the indecency policy of the Federal Communications Commission (“FCC” or “Commission”) was arbitrary and capricious under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2)(A). See Fox Television Stations, Inc. v. FCC, 489 F.3d 444, 462 (2d Cir. 2007... More...   $0 (07-13-2010 - NY)

When a group of companies conspires to fix prices at higher than a competitive level, the resulting overcharge is paid in the first instance by the direct purchaser of the cartel‟s goods. In markets where the direct purchaser is not also the ultimate purchaser, but an intermediary between the cartel and the consumer (the indirect purchaser), several questions arise: First, who should be permitte... More...   $0 (07-12-2010 - CA)

Plaintiffs’ claims were for negligence, strict liability, Florida Unfair & Deceptive Trade Practices Act, and private nuisance. Plain... More...   $2400000 (06-18-2010 - )

[¶1] Mark Johnston appeals from a judgment of the Superior Court (York County, Fritzsche, J.) granting the motion of Maine Energy Recovery Company, Limited Partnership (Maine Energy Recovery) to dismiss Johnston’s second amended complaint with prejudice. Johnston’s complaint alleged a statutory claim for a private nuisance based on odor. The court held that the complaint failed to state a cla... More...   $0 (06-10-2010 - ME)

The defendants, Andre Poirier and Debra Poirier, appeal from the judgment of the trial court rendered in favor of the plaintiffs, Peter Anderson and Linda Anderson, on their claim to title by adverse possession of certain real property. On appeal, the defendants claim that the court improperly (1) admitted into evidence a survey that was prepared by a surveyor who did not testify and who was not d... More...   $0 (06-10-2010 - CT)

Plaintiff, Teckla Chude, an uninsured driver, suffered second degree burns when she spilled the coffee she had just purchased at the drive-through window of defendant Jack in the Box (JIB). Her negligence action was resolved after the trial court granted JIB‟s motion for summary adjudication of Chude‟s claim for non-economic damages. The court relied on Proposition 213, Civil Code section 3333... More...   $0 (06-01-2010 - CA)

[¶1] Bruce Gilbert, owner of a 21.85-acre parcel of property approximately one mile southeast of Meeteetse, Wyoming, seeks review of the decision of the Board of County Commissioners of Park County, which the district court affirmed, that denied his request for a land use variance after extended public hearings. We affirm the Board‟s decision.

STATEMENT OF THE ISSUES

[¶2] In ... More...   $0 (05-26-2010 - WY)

In July 2000, Michael E. Nikolas purchased 6.79 acres of land within three miles of the Omaha city limits, an area in which the City has statutory planning and zoning authority. See Neb. Rev. Stat. § 14-418. The property included a forested area, a ravine, a house, and a dilapidated two-story structure built by a prior owner without necessary building permits that the City had placarded for conde... More...   $0 (05-18-2010 - NE)

In three issues, Appellant Destructors, Inc. appeals the trial court=s order granting Appellee City of Forest Hill=s plea to the jurisdiction. We must determine whether the trial court had subject-matter jurisdiction to enjoin the enforcement of the municipal ordinance at issue. Because we hold that it does not, we affirm.

II. BACKGROUND

Destructors operates concrete and aspha... More...   $0 (05-13-2010 - TX)

Eric and Mary Haberkorn, Arthur and Sonja Pereschuk, and James and Renee Rudolph sued Jeffrey Lynn Hurd, at 56, on intentional infliction of emotion distress and nuisance theories. Specifically, Plaintiffs claimed that for wrongfully shooting and killing their dogs. The Haberkorns claimed Hurd spied upon, threatened and harassed them.

Arthur Pereschuk claimed that Defendant fatally shoot ... More...   $150000 (05-09-2010 - MD)

Emmis Communications and Todd Spessard appeal from the jury verdict decided against them in a tort action relating to their news coverage of the arrest of a suspect in the BTK case. Melanie Valadez, the administrator of the Estate of Roger G. Valadez (Estate), cross-appeals from the judgment of the district court limiting the amount and scope of damages.

From 1974 to 1986, a series of at le... More...   $0 (04-30-2010 - KS)

The narrow question presented in this appeal is whether a town may close a town road that provides the sole existing access to a property in an adjoining town in order to prevent traffic from a proposed subdivision on the property from overburdening the road. The planning and zoning commission of the town of Columbia granted the application of the plaintiffs, Wellswood Columbia, LLC (Wellswood), a... More...   $0 (04-26-2010 - CT)

Douglas and Linda Knutson appeal from the order of the District Court dismissing without prejudice their 42 U.S.C. § 1983 suit against the City of Fargo, North Dakota.

On July 8, 2003, a cast-iron water main belonging to the City broke, flooding the Knutsons' property and damaging their house and yard. In August 2004, they filed suit against the City in state court seeking damages under ... More...   $0 (04-12-2010 - ND)

Otay Land Company and Flat Rock Land Company sued United Enterprises, Inc., United Enterprises, Ltd., and U.E. Limited, L.P. (collectively United) in both federal and state courts for recovery of environmental response costs, damages, and other forms of equitable and statutory relief arising from the operation of a shooting range on property United owned on Otay Mesa between 1956 and 1988 (the und... More...   $0 (04-09-2010 - CA)

{¶ 1} In this appeal, we are asked to determine the appropriate R.C. Chapter 2744 political-subdivision-immunity analysis to apply to a lawsuit in which the named defendant holds an elected office within a political subdivision. We conclude that because the allegations contained in the complaint are directed against the office of the political subdivision, the officeholder was sued in his officia... More...   $0 (04-08-2010 - OK)

In this premises liability action, plaintiffs1 appeal by right following the trial court’s grant of defendant’s motion for summary disposition under MCR 2.116(C)(10) and dismissal of plaintiffs’ complaint with prejudice. We affirm in part, reverse in part, and remand for further proceedings.

I. SUMMARY OF FACTS AND PROCEEDINGS

Plaintiff was injured on May 31, 2006 when he fell ... More...   $0 (04-08-2010 - MI)

This case involves a dispute regarding the use of and property rights attached to a 20-foot by 120-foot strip of property at the end of Hitchcock Road along Higgins Lake in Gerrish Township, Roscommon County. After a bench trial, the trial court determined that the disputed strip of property was part of Hitchcock Road and, therefore, subject to the same restrictions regarding its use as those set ... More...   $0 (04-01-2010 - M)

The Pechanga Band of the Luiseño Mission Indians (“Pechanga Tribe”) disenrolled a number of its members (“Appellants”) for failing to prove their lineal descent as members of the Tribe. Federal courts generally lack jurisdiction to consider any appeal from the decision of an Indian tribe to disenroll one of its members. See Santa Clara Pueblo v. Martinez, 436 U.S. 49, 72 n.32 (1978). Appe... More...   $0 (03-22-2010 - CA)

Pinnacle Pizza Company, Inc. ("Pinnacle"), a franchisee, brought suit against Little Caesar Enterprises, Inc. (LCE), the franchisor, alleging, inter alia, breach of the corporation's franchise agreement and violation of the South Dakota Franchise Act (SDFA). Pinnacle also sought to cancel LCE's federal trademark for the phrase "Hot- N-Ready." LCE counterclaimed, alleging breach of the franchise ag... More...   $0 (03-22-2010 - SD)

The dispositive issue in this appeal is whether the defendants may be held liable pursuant to General Statutes § 52-557n (a) (1) (C)1 for damages caused by their failure to act to abate an alleged public nuisance. The plaintiffs, Monica Picco, Joseph S. Picco, Jr., and their children, Nicole Picco and Dominic Picco, appeal2 from the judgment of the trial court rendered in favor of the named defen... More...   $0 (03-16-2010 - CT)

Geza Frey, Sr., The Dravecz Corporation, and The Down Low Nightclub (hereinafter collectively referred to as “The Down Low”) appeal from the April 24, 2009 Final Injunction and Order of Court entered by the Court of Common Pleas of Lehigh County (trial court) which, inter alia, enjoined The Down Low from operating for a period of one year. We affirm.

The Dravecz Corporation and The Down... More...   $0 (03-12-2010 - PA)

This dispute arose from a break in a sewer pipe that connected a private building to the Portland sewer system. The break generated a sewage smell in a Subway restaurant that was located in the building, and the restaurant operators, the Smiths, sought damages against the building owner, Hartmann, in claims for breach of the lease, trespass, and nuisance. Hartmann contended that the City of Port... More...   $0 (03-03-2010 - OR)

Plaintiff Rita Reid, as trustee of the Rita G. Reid Trust, appeals as of right the July 16, 2008 final order granting summary disposition to defendant Lincoln Charter Township (the Township) on her claims for regulatory taking and inverse condemnation. Reid also appeals several other orders entered by the trial court: the May 18, 2007 order denying in part her motion for leave to file an amended c... More...   $0 (03-02-2010 - MI)

Defendant appeals as of right from the trial court’s order granting plaintiff summary disposition and injunctive relief. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

I

This case concerns defendant’s alleged violation of plaintiff’s “tree protection” ordinance. The ordinance includes these relevant provisions:

145.100 FINDING... More...   $0 (03-02-2010 - MI)

[¶1.] Insurer, De Smet Farm Mutual (De Smet) brought a declaratory action against its insured claiming the language of the policy excluded coverage and a duty to defend the insured in an underlying action. De Smet filed a motion for summary judgment; its insured, Gulbranson Development Company, contended coverage existed under a theory of estoppel. The trial court granted the insured’s motion i... More...   $0 (02-25-2010 - SD)