Defendants-appellants Monique’s Smoke Shop et al. appeal from the August 25, 2009 grant of a preliminary injunction to the City of New York (the “City”) by the United States District Court for the Eastern District of New York (Amon, J.), enjoining the sale of untaxed cigarettes other than to members of the Unkechauge Nation for their personal use.

The district court determined firs... More...   $0 (03-04-2010 - NY)

This is an appeal by one of two defendants in a wrongful death action. Defendant Combined Transport appeals from a judgment for plaintiff. The jury found Combined Transport 22 percent at fault and the other defendant, Clemmer, 78 percent at fault. We affirm in part, reverse in part, and remand for a new trial.

Combined Transport is a trucking company that specializes in transporting la... More...   $0 (03-03-2010 - OR)

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)

The plaintiff, Elaine Wiseman, in her capacity as administratrix of the estate of her deceased son, Bryant Wiseman (decedent), appeals1 from the judgment of the trial court rendered in favor of the named defendant, John J. Armstrong, in his capacity as the commissioner of correction, and others2 in her action for the wrongful death of the decedent while he was incarcerated at Garner correctional i... More...   $0 (03-03-2010 - CT)

The United States District Court for the Middle District of Georgia has certified a question to this Court about how to determine the meaning of the term “accident” in an automobile liability insurance policy when the word is not expressly defined in the policy and, more specifically, how to determine if there has been one accident or two when an insured vehicle strikes one claimant and then v... More...   $0 (03-01-2010 - GA)

Judith Cohn, age 72, and her husband Joseph, sued the Long Island Rail Road on a negligence theory claiming that Defendant failed to property maintain one of its platforms and, as a direct result, she fell into a 9.5 inch gap in the platform and was injured. Cohen suffered knee and shoulder fractures.

The railroad said its improvements include an education system to make customers better a... More...   $0 (02-27-2010 - NY)

Appellants, Shell Oil Company (“Shell Oil”) and Shell Western E&P (“Shell Western”) (collectively “Shell”), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, Ralph Ross, in Ross’s suit against Shell for breach of contract, unjust enrichment, and fraud concerning the underpayment of oil and gas royalties to Ross’s grandmother, Gertrude T. Reus... More...   $0 (02-26-2010 - )

When the Enterprise, a large cargo ship, positioned itself to receive a load of coal on the shores of Lake Erie, it struck a land-based coal-loading machine operated by Bessemer & Lake Erie Railroad Company and The Pittsburgh & Conneaut Dock Company. Bessemer and its affiliate filed this admiralty action against the Enterprise and its owners and operators, Seaway Marine Transport, Upper Lakes Ship... More...   $0 (02-25-2010 - OH)

This case is yet another in a series of cases that
attempt to chart the contours of liability of a potentially
responsible party (“PRP”) under §§ 107(a)(4)(B) and
113(f)(3)(B) for contribution towards, and payment of, costs
resulting from the identification and cleanup of hazardous
substances under the Comprehensive Environmental Response,
Compensation, and Liability ... More...   $0 (02-24-2010 - NY)

This appeal and cross appeal, along with the companion cases decided today, Branford v. Santa Barbara, 294 Conn. 785, A.2d (2010), and Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010), arise from the named defendant town of Branford’s (town)1 exercise of eminent domain with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive. In this action brought purs... More...   $0 (02-16-2010 - CT)

In these consolidated appeals, the plaintiffs, Charles and Brenda Kalil, contest two orders of the Superior Court (Vaughan, J.). In one, the court granted the motion to dismiss filed by defendant Town of Dummer (Town) on the ground that res judicata barred the plaintiffs’ writ alleging an inverse condemnation claim. In the other, the court denied the plaintiffs’ motion to amend their appeal of... More...   $0 (02-11-2010 - NH)

3D/I + Perspectiva ("3D/I") - a joint venture - appeals the jury's verdict for Castner Palms, Ltd. ("Castner Palms") stemming from the latter's suit for negligence. In two issues, 3D/I contends that the trial court erred by denying its: (1) motion for instructed verdict when Castner Palms failed to present expert testimony applicable to a construction-management firm's standard of care in pursuit ... More...   $0 (02-10-2010 - TX)

Plaintiff, Desiree Gonzales, filed suit for injuries received in a one car accident. Plaintiff filed suit against several defendants. At the time of trial, there were two defendants remaining, Louisiana Department of Transportation and Development (DOTD), and the Public Belt Railroad Commission of the City of New Orlealns. (NOPB).

The trial in this matter was bifurcated, with the claims aga... More...   $0 (02-09-2010 - LA)

Paul Turner worked as a waiter for The Saloon, Ltd. (“The Saloon”), a Chicago steakhouse, and claims he was the victim of several forms of employment discrimination. Turner had a months-long sexual relationship with his supervisor and claims that when he ended it, she persistently sexually harassed him. He also claims The Saloon discriminated against him on the basis of a disability; he suffer... More...   $0 (02-08-2010 - PA)

The plaintiffs, Dora Mae Jablonski (Dora) and John L. Jablonski, Jr., as the special administrator and personal representative of the estate of Dora's deceased husband, John L. Jablonski, Sr. (John), brought this action against Ford Motor Company (Ford), alleging strict product liability and negligence in the design of their 1993 Lincoln Town Car automobile as a result of a collision in which John... More...   $0 (02-04-2010 - IL)

[¶1] This is an appeal from two related district court orders in a declaratory judgment action between the Appellant and the City of Rawlins (City) over a junkyard, which action was consolidated with the appeal of the Appellant’s municipal court conviction for violation of a nuisance ordinance. The first order granted the City partial summary judgment. The second order was entered after a bench... More...   $0 (02-04-2010 - WY)

The district court found that the challenged provisions of New York City’s Zoning Resolution did not impose unconstitutional restrictions on Plaintiffs’ commercial speech rights in violation of the First Amendment or the New York State Constitution. Id. at 481, 508. The district court’s opinion applies to two cases, The factual background giving rise to these disputes 1 is set out in detail ... More...   $0 (02-03-2010 - NY)

According to the allegations of the complaint, Kitchen International and Evans entered into a contract in 2004. Footnote Evans agreed to supply Kitchen International with manufactured cabinetry for several residential construction sites on the East Coast of the United States. Kitchen International placed these orders from its headquarters in Montreal with the Georgia offices of Evans. The materia... More...   $0 (02-03-2010 - MA)

A labor union in Houston, Texas sought permits from the City for parades and rallies in support of a strike. The City gave only partial approval. The union sued, claiming the ordinances under which the permits were processed violated the First Amendment. The district court granted some relief. We proceed slightly further in invalidating the City’s rules than did the district court but leave most... More...   $0 (01-28-2010 - TX)

This is a personal injury action brought pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. The jury found the defendant negligent but reduced the award of damages substantially based on a finding of contributory negligence. The plaintiff appeals, posing claims of both instructional error and evidentiary insufficiency. In the end, however, all roads lead to Rome, and a ... More...   $0 (01-22-2010 - MA)

Federal law prohibits corporations and unions from using their general treasury funds to make independentexpenditures for speech defined as an “electioneering communication” or for speech expressly advocating the election or defeat of a candidate. 2 U. S. C. §441b. Limits on electioneering communications were upheld in McCon-nell v. Federal Election Comm’n, 540 U. S. 93, 203–209 (2003). ... More...   $0 (01-21-2010 - DC)

At issue on this appeal are several questions centering on the operation of the two-year statute of limitations applicable to the antiretaliation provision of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-12(d). In particular, we are asked to declare whether the statute of limitations bars a retaliation claim based both on an employee's discharge and on a post-discharge retaliatory ... More...   $0 (01-14-2010 - NJ)

More than 40 years ago, our state Supreme Court was called upon in Insurance Co. of North America v. Electronic Purification Co. (1967) 67 Cal.2d 679 (Electronic Purification) to interpret a commercial general liability insurance (CGL) policy with a ―products hazard‖ exclusion for bodily injury damages which included both ―products‖ and ―completed operations‖ language. Reading the lang... More...   $0 (01-11-2010 - CA)

C.N., by and through her mother, J.N., appeals the dismissal of various federal claims against Willmar Public Schools, Independent School District No. 347 (the District), several officials affiliated with the District and her former special education teacher Lisa Van Der Heiden. We affirm.

I. BACKGROUND

When this action commenced, C.N., a special education student, attended fourth gr... More...   $0 (01-08-2010 - MN)

These consolidated cases raise the important question of whether due process requires notice and an opportunity to be heard before a court declares a person to be a “frivolous” or “vexatious” litigant, who must seek leave from the administrative judge before filing “any pleadings.” In this appeal, James Riffin, appellant, contends that the Circuit Court for Baltimore County failed to a... More...   $0 (01-06-2010 - MD)