¶1 This appeal presents a lien priority contest. Plaintiff GasRock Capital, L.L.C. (GasRock) appeals from an Order granting summary judgment in favor of lien claimant Defendant Pan American Drilling Services, L.L.C. (Pan American) in this foreclosure action.1 In essence, this order determined Pan American's statutory oil and gas lien had priority over GasRock's mortgage lien on certain oil and ga

Rodney O. Haggard (“Haggard”) appeals the district court’s grant of summary judgment in favor of Bank of the Ozarks, Inc. (the “Bank”) on his claim for a declaratory judgment and the Bank’s counterclaim for breach of guaranty. Haggard also appeals the district court’s denial of his motion for judgment on the pleadings. We AFFIRM in part and REMAND for modification of the judgment in

Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a “taser,” manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner’s chest based on training provided by the Charlotte Mecklenburg Police

Michael Sheldon appeals the trial court’s judgment in a post-divorce suit for division of property not divided by the Agreed Final Divorce Decree. In three issues, he challenges the trial court’s exclusion of expert testimony, division of property, and award to Karen of certain property alleged to be his separate property. For the reasons that follow, we affirm the trial court’s judgment.

Legislators in the State of Indiana believe that the bulk of its citizens find automated telephone messages to be an annoyance, and one worthy of government protection. These types of telephone calls are made by

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an automatic dialing‐announcing device that (according to Indiana’s definition) selects and dials telephone numbers and disseminates a prerecorded or synt

Acting Attorney General John J. Hoffman, the Division of Law and the Division of Consumer Affairs announced today that on-line video gaming company E-Sports Entertainment, LLC, has entered into a $1 million settlement that resolves allegations it infected thousands of personal computers with malicious software code enabling E-Sports to monitor what programs subscribers were running and illegally m

[¶1] Larry Gene Rubey appeals from a district court order limiting the presentation of evidence at his discharge hearing and from a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. Rubey argues the district court erred in restricting the evidence and finding he remained a sexually dangerous individual. We affirm the district court's

[¶1] Shealeen Hillerson, as "best friend" to T.D., a minor child, and T.D. appealed from a summary judgment dismissing their negligence lawsuit against the Missouri Valley Family YMCA for injuries T.D. suffered in a near-drowning accident while participating in a YMCA summer program. Because we conclude that the waiver of liability signed by T.D.'s mother is ambiguous, a question of fact exists a

In August 2012, the Postal Regulatory Commission issued an order approving a negotiated service agreement for the sale of postage between the United States Postal Service and Valassis Direct Mail, Inc., a national marketing company. Under the agreement, Valassis receives discounted postage for some of its advertisement mailers once its mail volume hits a predetermined threshold. Petitioner Newspap

Plaintiff–Appellant Esma Etienne appeals the district court’s grant of summary judgment on her claims that Defendant–Appellee Spanish Lake Truck & Casino Plaza, L.L.C. (Spanish Lake) discriminated against her on the basis of race by failing to promote her and retaliated against her for filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). We affirm in par

¶1 Plaintiff/Appellant Delmar Garrett1 (Delmer) appeals the September 13, 2011, Journal Entry Order of the district court denying his Motion to Vacate Void Judgment, Vacate Partition Order, and Emergency Motion to Stay Sheriff's Sale. The judgment sought to be vacated was entered in a divorce suit in which Delmer was named as a party. Because the judgment roll in the divorce proceeding shows that

Royalty owners entitled to receive a share of the production of natural gas in the Hugoton gas field in southwest Kansas brought a class action against Anadarko Petroleum Corporation (APC) claiming that the company and its affiliates had effected an underpayment of the royalties required by the plaintiffs' respective oil and gas leases. The original petition, filed in 1998, sought an accounting, d

In this appeal, environmental organization Sierra Club seeks judicial review of the decision of the Secretary of the Kansas Department of Health and Environment (KDHE) to issue an air emission source construction permit to Sunflower Electric Power Corporation (Sunflower) for the construction of an 895-megawatt coal-fired power plant, referred to as Holcomb 2, at the site of Sunflower's existing pl

These consolidated appeals raise a question of first impression in this circuit: Does Title II of the Americans with Disabilities Act (“ADA”) cover employmentrelated disability discrimination? Title II provides that state and local governments may not exclude eligible disabled persons from “participation in” or “the benefits of” governmental “services, programs, or activities” or o

In February 2006, Susan Killian learned that she had lung cancer, which had spread to her brain. After physicians at Delnor Community Hospital

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determined that they could not operate, she sought a second opinion from a physician at Rush University Medical Center (“Rush”) and soon afterward was admitted for emergency brain surgery. Although the surgery successfully re

[¶1] Thomas Campbell (Husband) and Tammie Hein (Wife) were divorced in 2008 pursuant to a stipulated Property Settlement, Child Custody, Child Support Agreement. In 2010, Husband petitioned to reopen the Decree of Divorce, alleging that Wife had misrepresented material facts related to the parties’ division of debt. The district court denied Husband’s petition, and Husband appeals. We affirm.

This is a hard case to decide against the appellant, although there is no doubt in my mind that the law compels affirmance. It is the latest of many cases filed in our state courts in which the biological father seeks to establish his paternity to a child born into a marriage between the child's mother and another man. Indeed, this is the second time Mr. Pena has filed suit in an effort to try to

Appellants D.R. Horton – Texas, Ltd. (D.R. Horton) and DRHI, Inc. (DRHI) appeal a summary judgment in favor of Appellee Savannah Properties Associates, L.P. (Savannah). In three sub-issues, D.R. Horton and DRHI contend the trial court erred by not granting their motion for continuance of the submission date of Savannah’s summary judgment motions, by granting

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Savannah’s motion

Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an

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No. 13-5021 Tyler v. DH Capital Management, Inc. Page 2

amount to which DHC was not legally entitled. The district court dismissed the suit, because it was pro

In this medical malpractice case, we decide whether a plaintiff is required to present expert testimony from a medical doctor to establish the standard of care and breach of the standard of care. Plaintiff presented expert testimony from a biomechanical engineer familiar with use of the medical device installed on plaintiff’s cervical spine by defendant, a neurosurgeon. For the reasons set out b

Amanda Mayberry sued Paulo Maria Da Silva Mavungo aka Paulo Mavungo on an auto negligence theory claiming:

1. Plaintiff was at all material times a resident of Wagoner County, Oklahoma.

2. Defendant was at all material times upon information and belief a resident of Tulsa County, Oklahoma.

3. Defendant John Doe, a business entity, is a business whose identity is unknown

In six issues, appellants Caspian Oil Services, Inc. (―COS 1‖) and James W. Reynolds contend the trial court erred by rendering judgment in favor of appellee SE Management, LLC (―SEM‖). We affirm.

I. BACKGROUND

COS 1 was a corporation located in Azerbaijan, a country bordering the Caspian Sea. COS 1 leased a yard where oil and gas equipment could be stored

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and

In two issues, appellants, G. Christian Corcoran and Peggy Corcoran, challenge the trial court’s summary judgment in favor of appellee, Atascocita Community Improvement Association, Inc. (“ACIA”). We affirm.

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I. BACKGROUND

ACIA is non-profit corporation whose members are certain property owners in Atascocita. ACIA is governed by a board of trustees. ACIA’s purpose is

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert

1. Judge Roger S. Dutson granted the Defendants’ summary judgment motion and denied the Plaintiffs’ first two motions to amend. Judge W. Brent West denied the Plaintiffs’ third motion to amend, granted the relief requested by the Plaintiffs, and entered t

Gerald W. Brooks, Jr. sued Orthopaedic and Sports Medicine Center-Norman, P.C., Cheryl Bowden, PTA and E. Jolyn Dyer, PT on medical negligence (medical malpractice) theories claiming:

1. Plaintiffs are citizens of the State of Oklahoma at the time of the filing of this action.

2. Defendants, E. Jolyn Dyer, P.T. and Cheryl Bowden, P.T.A., are citizens of the State of Oklahoma at t