Plaintiff Darren Del Nero sued Defendants-Appellees Midland Credit Management, Inc. (“Midland”) and MRC Receivables Corporation (“MRC”) for violations of the Fair Debt Collection Practices Act (“FDCPA”) and California Business and Professions Code § 17200. Appellants Robert L. Hyde, Joshua B. Swigart and their law firm Hyde & Swigart (collectively “Hyde & Swigart”) represented Del... More...   $0 (06-09-2009 - CA)

The issue on this appeal is whether the ten-year statute of repose for actions for injury resulting from improvements to real property, WIS. STAT. § 893.89 (2007-08),1 bars this action against the City of Dodgeville. Glen and Louann Hocking claim damages to their property resulting from excessive storm water run-off, which, they allege, constitutes a nuisance and is the result of negligence by th... More...   $0 (06-05-2009 - WI)

Appellants Robert G. Franklin (Franklin), Glenn E. Steele (Steele), Edward W. Lewis (Lewis), Darryl Bailey (Bailey), and Leon Booker (Booker) (collectively, Appellants) are African-American current or former members of Local 2 of the Sheet Metal Workers International Association (Local 2). Appellants filed a civil rights action against Local 2, alleging (1) racial discrimination in job placement u... More...   $0 (06-04-2009 - MO)

Plaintiff Vincent Mattaliano appeals from the order of the

Law Division dismissing his personal injury cause of action

against defendant Comstock Yacht Sales and Marina. In granting

defendant's summary judgment motion, Judge Suter found that  plaintiff had not established that his injuries were caused by

a... More...   $0 (06-02-2009 - NJ)

Plaintiffs, Vernon Nelson (Vernon) and John Q. Nelson (John), special administrators of the estate of Eva Nelson (Eva), deceased, appeal from an order of the circuit court of Kane County granting summary judgment in favor of defendant, Aurora Equipment Company (Aurora). This is a case of first impression in Illinois in which plaintiffs ask us to extend a duty in a premises liability case to a pers... More...   $0 (05-29-2009 - IL)

We consider a constitutional challenge to a Denver city ordinance banning a category of dogs commonly known as “pit bulls.”1 Sonya Dias, Hilary Engel, and Sheryl White allege that the pit bull ban violates the Fourteenth Amendment because it: (1) is unconstitutionally vague on its face; and (2) deprives them of substantive due process. Before the plaintiffs had any opportunity to present evide... More...   $0 (05-27-2009 - CO)

Respondent Almena Township appeals by leave granted the circuit court’s June 14, 2007 order which (1) reversed Almena Township Zoning Board of Appeals’ (ZBA) decision to uphold Almena Township Board of Trustees’ (township board) denial of petitioners Allan and Sally Hughes’ preliminary site plan for a planned unit development (PUD), (2) reversed the township board’s decision to deny peti... More...   $0 (05-26-2009 - MI)

Seymour G. Perkins appeals the trial court's order affirming an order of the Dangerous Structure Determination Board of the City of San Antonio (the "Board"). Perkins presents nine issues on appeal; however, several of these issues are duplicative. The primary complaints raised by Perkins are: (1) the trial court deprived him of his right to present evidence at the hearing conducted by the trial c... More...   $0 (05-20-2009 - TX)

Plaintiffs-Appellants Rondigo, L.L.C., Delores Michaels, Ronald Michaels, and King of the Winds, Inc. (collectively, “Rondigo”) appeal the order of the district court granting summary judgment in favor of Defendant-Appellee Casco Township (“Casco” or “the Township”) in this § 1983 action. After Casco failed to approve Rondigo’s applications to operate a composting facility in Casco,... More...   $0 (05-13-2009 - MI)

By enacting the Protection of Lawful Commerce in Arms Act (“PLCAA” or “Act”), 15 U.S.C. §§ 7901-7903, Pub. L. No. 109-92, 119 Stat. 2095 (2005), Congress has protected federally licensed manufacturers and sellers of firearms from most civil liability for injuries independently and intentionally inflicted by criminals who use their non-defective products. Under the terms of the PLCAA, the... More...   $0 (05-12-2009 - CA)

Plaintiffs James A. Martin and his wife, RaeAnn, appeal from a judgment against them, including the award of attorney‟s fees and costs, entered after the trial court sustained a demurrer in favor of defendant Bridgeport Community Association. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Richard and Rachel Peterson (the Petersons) purchased a home constructed by Richmond American Ho... More...   $0 (05-06-2009 - CA)

When the government maintains a public nuisance that it knows is substantially certain to cause a specific injury to private property, it may be required by article I, section 17 of the Texas Constitution1 to provide adequate compensation for taking or damaging the property.2 The claim in this case is that benzene from a closed municipal waste disposal site migrated through the soil to a nearby ho... More...   $0 (05-05-2009 - TX)

Following our grant of certification,1 the plaintiff, Geraldine D. Lyon, appealed from the judgment of the Appellate Court affirming the judgment of the trial court, claming that the Appellate Court incorrectly interpreted General Statutes §§ 46a-60 and 46a- 70 as barring the plaintiff’s employment discrimination action under the doctrine of sovereign immunity. The defendants, the office of th... More...   $0 (05-04-2009 - CT)

The common law principle of sovereign immunity, which holds that the state may not be sued without its consent, is well established in our jurisprudence. Lagassey v. State, 268 Conn. 723, 732, 846 A.2d 831 (2004). This immunity from suit implicates subject matter jurisdiction and, therefore, provides a basis for a court to grant a motion to dismiss. Id., 736. The immunity enjoyed by municipalities... More...   $0 (04-28-2009 - CT)

Appellant SP Star Enterprises, Inc. (Star) holds a certificate of occupancy from the City of Los Angeles (the City) permitting Star to operate an adult club featuring nude entertainment in a two-story, 7,000 square-foot converted warehouse/manufacturing facility zoned M3-1 on Ducommon Street north of Little Tokyo. Star also holds a franchise to operate a Penthouse branded adult cabaret.

Thi... More...   $0 (04-28-2009 - CA)

Spiros Flomp, owner of Topsfield Village Shopping Centre sued James Gilford d/b/a Gil's Grocery and the town of Topsfield, Massachusetts claiming that Gilford could not sell been and wine out of his store because the location was not specifically mentioned in Topsfield's zoning laws and plaza agreements in 1958 and 1992. Flomp also alleged that Gilford was wrongfully pumping water out of the bas... More...   $0 (04-25-2009 - )

Defendant in this personal injury action appeals following a jury verdict awarding plaintiff economic and noneconomic damages. Defendant does not challenge the verdict, but argues that the trial court erred in awarding plaintiff an enhanced prevailing party fee and costs incurred after defendant's pretrial offer to settle the case. We affirm.

Plaintiff filed this action against defendant ... More...   $0 (04-22-2009 - OR)

The Bank of New York (NY) appeals the trial court’s judgment compensating Urban Renewal of K.C. (Urban) for rehabilitating its property. Urban obtained temporary possession of the property through a court order. NY sought the restoration of the possession of its property, and Urban sought ownership of NY’s property. The trial court restored the property to NY on the condition that it reimburse... More...   $0 (04-21-2009 - MO)

Plaintiff appeals as of right the trial court’s order granting summary disposition in favor of defendants. We affirm.

Defendant, Thomas Donall, is the president of defendant, 1247 Center Street, LLC, a company that owns defendant, X-Cel, a nightclub located in the city of Lansing. Plaintiff owns a building containing residential and commercial units immediately adjacent to X-Cel. Accordin... More...   $0 (04-16-2009 - MI)

The petitioner, Sara Realty, LLC (Sara Realty), appeals an order of the Superior Court (Lewis, J.) granting summary judgment to the respondent, Country Pond Fish and Game Club, Inc. (Country Pond), based upon its conclusion that RSA chapter 159-B (Supp. 2008) barred the petitioner’s action and was not unconstitutional. We affirm.

The trial court found or the record supports the following ... More...   $0 (04-14-2009 - NH)

This is a consolidated appeal arising out of flooding on residential property located on Rathmor Road in the City of Bloomfield Hills. In Docket No. 275580, plaintiff Marilyn Froling Revocable Living Trust (the Froling Trust) appeals as of right from the trial court’s December 21, 2006 order granting the City of Bloomfield Hills (the City), Alan and Marilynne Kiriluk, Roger and Barbara Smith, an... More...   $0 (04-09-2009 - MI)

Appellant Jayanti Patel appeals the trial court=s granting Appellee City of Everman=s (the City) no-evidence and traditional summary judgment motions. In six issues, Patel contends that the City failed to attach evidence to its motion for traditional summary judgment; that under the Alaw of the case@ doctrine this court is compelled to reverse the trial court=s judgment; that the trial court erre... More...   $0 (04-02-2009 - TX)

This case involves a long-running (six years and counting) insurancecoverage dispute between the City of Sterling Heights, Michigan, and one of its insurance carriers, United National Insurance. The case arises out of lawsuits filed by Hillside Productions against the City based on alleged misconduct by city officials, and the question at hand primarily concerns United’s liability for a portion ... More...   $0 (03-31-2009 - MI)

In this case, Jefferson County employees challenge as unconstitutional and violative of federal law certain amendments made by the Jefferson County Commission to its retirement system. The district court dismissed the employees’ claims, finding that (1) the claims constituted a de facto appeal from a previous state court judgment which rejected similar arguments and that, therefore, under the Ro... More...   $0 (03-31-2009 - AL)

We are asked to decide whether seven individual state court actions, each with fewer than one hundred plaintiffs, should be treated as one “mass action” eligible for removal to federal court under the Class Action Fairness Act of 2005 DBCP was commonly used in pesticides to control n 1 ematodes, microscopic worms that infest the roots of plants. Plaintiffs allege that although DBCP manufacture... More...   $0 (03-30-2009 - CA)