Under the California Fair Employment and Housing Act (FEHA) (Gov. Code § 12900 et seq.; subsequent unspecified statutory references are to the Government Code), it is an unlawful practice to refuse "to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwell... More...   $0 (09-04-2004 - CA)

For most travelers affected by air carriers' misplacement of luggage, the inconvenience is a fleeting nuisance. In the case before us, however, the district court found that the defendant Airlines' failure to ensure that Caroline Neischer's bag remained in her possession was a substantial cause of Neischer's death nine days after the bag's confiscation, because the bag contained "a life... More...   $0 (08-20-2004 - CA)

We hold an injunction absolutely enjoining defendant Anne Lemen from making certain statements adjudicated to be defamatory under common law causes of action for libel and slander constitutes a content-based prior restraint on speech in violation of the First Amendment to the United States Constitution and article I, section 2, subdivision (a) of the California Constitution. A content-bas... More...   $0 (08-12-2004 - CA)

Viacom, Inc., the corporate successor to Westinghouse Electric Corporation, appeals the judgment entered against it for damages and injunctive relief and the awards of attorneys' fees and prejudgment interest in this suit arising out of Westinghouse's environmental contamination of a site it once owned in Minneapolis. Kennedy Building Associates, the present owner of the contaminated prop... More...   $5225000 (07-21-2004 - MN)

The plaintiffs, Joseph Gacke and Linda Gacke, sued the defendant, Pork Xtra, L.L.C., claiming hog confinement facilities operated by Pork Xtra constituted a nuisance. At issue in this appeal is the constitutionality of Iowa Code section 657.11(2) (1999), which gives nuisance immunity to animal feeding operations. The district court ruled the statute effected an unconstitutional taking of priv... More...   $0 (07-06-2004 - IA)

In separate proceedings, Andrew N.B and Montrell D.H., both minors, entered uncounseled guilty pleas to violating municipal ordinances in the Cities of Urbana and Champaign and received dispositions of court supervision. When they violated the terms of their supervision, the Cities filed contempt petitions. The trial court found the minors in contempt and sentenced them to detention; the appellat... More...   $0 (07-02-2004 - IL)

This case raises the question: what could be worse than having most of your home burn down in a fire? The answer, of course, is having the rest of it burn down a couple of days later in a second fire. What would make the situation dramatically worse, however, is if the fire department determined that the second fire was intentionally set (possibly by you) and called in federal authoritie... More...   $0 (06-21-2004 - IL)

It is rare that a trip to the hair salon leads to a date in federal appellate court, but that was the unfortunate sequel to Deborah Petersen's hair appointment at the Mario Tricoci Salon in Bloomingdale's Stratford Square Mall on June 13, 1995. Ms. Petersen, a regular customer of the salon, had an appointment to get her hair colored. All did not go as planned, however, and after three ho... More...   $0 (06-21-2004 - IL)

1 In this action alleging "toxic contamination" of the Plaintiffs' Twyman dairy farm by oilfield operations under the control of Appellants/Counter-Appellees, GHK Corporation (GHK) and Mobil Oil Corporation (Mobil), GHK and Mobil appeal from trial court judgment in favor of Appellees/Counter-Appellants Floyd, Joyce and Alan Twyman (hereafter collectively Twymans). Twymans counter-appeal from th... More...   $0 (06-17-2004 - OK)

The owner of a home containing latent construction defects may maintain an action in tort against the builder for any resulting damages. But when there are several successive owners, to which of them does the cause of action belong: to the person who owns the home when the structure first sustains some appreciable but undetected harm, or to the subsequent owner who first discovers the harm?... More...   $0 (05-20-2004 - CA)

James Hauser (Hauser) was a passenger in a car driven by Jack Incorvia (Incorvia) within the community of Canyon Lake. Incorvia, who was intoxicated, drove the car off a road into a tree, killing Hauser. Hauser's child brought an action against, among others, the Canyon Lake Property Owners Association (CLPOA) and Barton Protective Services, Inc. (Barton) for damages arising from Hauser's... More...   $0 (05-18-2004 - CA)

Manatee County appeals the dismissal of an order to show cause why the appellees, J. Richard Kaiser Enterprises, Inc., OuterLimits, Inc., and Florida Club Concepts Limited Partnership ("OuterLimits"), should not be held in contempt for violation of an injunction. We find no abuse of discretion in the trial court's conclusion that a finding of contempt was not warranted. Nevertheless, we r... More...   $0 (05-12-2004 - FL)

Guy Edwards (Edwards) petitions fo... More...   $0 (05-10-2004 - MN)

The injunction requires Randtron to ... More...   $0 (05-05-2004 - CA)

Forst contended that he conplied with all state regulation applicable to such farming operations including the lagoon where manure ... More...   $0 (04-07-2004 - MN)

Lessor filed suit seeking a declaratory judgment that lessees violated the lease, termination of the lease, and ejection of lessees from the leased property. Lessees counterclaimed alleging breach of good faith and fair dealing, breach of covenant of quiet enjoyment, and breach of contract. After a trial, the district court declared lessees did not materially breach the lease agreement, d... More...   $0 (03-17-2004 - WY)

This appeal arises out of a declaratory judgment action filed by Murphy Exploration & Production Company ("Murphy") against Chevron U.S.A. Inc. ("Chevron") in Union County. Between 1969 and 1987, Chevron and its predecessor in interest, Gulf Oil Corporation, operated an oil and gas lease on a 40-acre tract of land located in Union County. On August 28, 1987, Chevron sold and assigned its lease int... More...   $0 (03-04-2004 - AR)

Defendants TTnT Development Corp., Jerry Tuma, William Tillman and Jeffrey Tillman ("Developers") appeal from a judgment awarding Robert and Bonita Ridgway ("the Ridgways") $150,000 in damages and $103,393.98 in attorney fees on their claim for trespass to realty. Developers present three points on appeal. They contend that the trial court erred in the following respects: (1) using the wrong measu... More...   $50000 (02-23-2004 - MO)

Plaintiff/Appellee successfully contended below that Defendants/Appellants property ow... More...   $0 (02-16-2004 - DE)

Relators Doe Run Resources Corporation, et al., seek a writ of prohibition barring Respondent from taking any further action other than transferring the underlying case to a proper venue. Relators argue that defendant Marvin Kaiser, the chief financial officer (CFO) of Doe Run and a resident of the City of St. Louis at the time the petition was filed, was joined pretensively so that the plaintiffs... More...   $0 (02-10-2004 - MO)

This case had its genesis in a dispute over the parking on Windomere Avenue in the Winnetka Heights Addition of Dallas, Texas. Appellees Leonore Quintanilla ("Quintanilla") and Christine Escobedo ("Escobedo") brought suit against Gary Penn, D.D.S. ("Penn"), his employee Sarah Cunningham ("Cunningham"), and Appellees' next door neighbor, Johnny Wayne Howard ("Howard"), asserting causes of action... More...   $0 (02-06-2004 - TX)

Since 1992, Priscilla Edwards has lived in a mobile home2 in the Marin Park development in Greenbrae, Cali... More...   $0 (01-27-2004 - CA)

The appellants in this case, AJ&K Operating Co., Inc., et al. (Oil Companies), appeal from the circuit court's order denying their motion to modify a temporary restraining order which was entered against them. The Oil Companies sought permission from the court to complete the plugging of wells and closure of pits on the property of the landowner appellees (Landowners), who had leased their propert... More...   $0 (01-08-2004 - AR)

Petitioners Great Oaks Water Company (Great Oaks) and Santa Teresa Citizen Action Group appeal from an adverse judgment on their petition for writ of mandate and complaint for declaratory and injunctive relief. Petitioners challenge a decision by respondents, City of San Jose and the City Council of the City of San Jose (collectively, City) approving the extension of an existing water recyclin... More...   $0 (12-19-2003 - CA)

Appellant, Nash Finch Company, appeals from a district court judgment upholding the action of appellee, City Council of the City of Cedar Rapids, suspending Nash Finch's permit for the sale of cigarettes based on the company's second violation of Iowa Code section 453A.2(1) (1999). Nash Finch contends the district court erred in holding two company stores were the same "place of business" for p... More...   $0 (12-19-2003 - IA)