Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered May 14, 2012, which, inter alia, granted defendant Dalia Genger's motion, pursuant to CPLR 3211(a), dismissing the complaint, unanimously reversed, on the law, without costs and the motion denied.

We disagree with the Supreme Court's finding that it was the province of the auditor to make the initial determination as to

Appellee, Plains Exploration & Productions Company, recovered over $83 million in a lawsuit against the federal government concerning offshore oil and gas leases. Appellant, Torch Energy Advisors Incorporated, claimed an interest in a

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portion of Plains Exploration’s recovery and brought the underlying suit. The trial court rendered summary judgment in favor of Plains Explorat

Defendant Abel Martinez Tavera was convicted by a jury and sentenced to 186 months of imprisonment for participating in a methamphetamine drug conspiracy. With Tavera as his passenger, co-defendant Placido

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No. 11-6175 United States v. Tavera Page 2

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1See, e.g., Stephanos Bibas, Prosecutorial Regulation Versus Prosecutorial Accountability

Avery T. Cashion, III, appeals from the district court’s judgment in favor of the Federal Deposit Insurance Corporation (“FDIC”), acting as receiver for The Bank of Asheville (“the Bank”), in this action by the FDIC to recover the deficiency owed on a promissory note executed by Cashion and payable to the Bank. Cashion contends that the district court erred in granting summary judgment t

The “two-dismissal rule” is set forth in Florida Administrative Code Rule 60Q-6.116(2): “a second notice of voluntary dismissal shall operate as an adjudication of denial of any claim or petition for benefits previously the subject of

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a voluntary dismissal.” Appellants argue the Judge of Compensation Claims erred, in the order on appeal, by not applying the two-dismissal ru

Petitioner Karen Capone seeks review of the decision of the Third District Court of Appeal in Capone v. Philip Morris U.S.A. Inc., 56 So. 3d 34 (Fla. 3d DCA 2010), based upon express and direct conflict with the decision of the Second District Court of Appeal in Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31 (Fla. 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

While fleeing from the Coast Guard aboard a go-fast vessel, the claimant Robert Hovito Van Bommel Duyzing ("Van Bommel") and his crew tossed approximately $8 million into the Caribbean Sea. The money was recovered by the Coast Guard and the government filed this action seeking to have the currency, along with some additional money found on the crew members' persons, forfeited to the United States

The Red River Compact, (or Compact), 94 Stat. 3305, allocates water rights among the States within the Red River basin as it winds through Texas, Oklahoma, Arkansas, and Louisiana. Petitioner Tarrant Regional Water District (Tarrant), a Texas agency, claims that it is entitled to acquire water under the Compact from within Oklahoma and that therefore the Compact preempts several Oklahoma statutes

Johnnie Waslick appeals from a district court’s grant of a motion for directed verdict at the conclusion of his evidence seeking damages for entry of a divorce decree. He was alleging alternative theories of fraudulent misrepresentation, fraudulent nondisclosure, and willful wanton conduct justifying punitive damages. We affirm.

I. Background and Facts

In 2006, Gale Simpson filed f

Amjad Butt, M.D., appeals the district court’s ruling on judicial review upholding the Iowa Board of Medicine’s findings of unethical or unprofessional conduct in the practice of medicine. We affirm the board’s conclusion that Dr. Butt engaged in unethical and/or unprofessional conduct in violation of lowa Code sections 147.55(3) and 272C.10(3) (2007) and Iowa Administrative Code rule 653-23

Location, location, location. It is cherished by property owners and political demonstrators alike. Both groups, it turns out, are at the heart of this case. Plaintiffs- Appellees brought this action after law enforcement officials forced them to move to an unfavorable location to engage in protest activities but allowed a group espousing the opposite viewpoint to remain in place on private proper

By five issues, appellant, Ronald Rogers, individually and as executor of the estate of Louise Rogers, appeals a final summary judgment entered in favor of appellee, Ted L. Walker. We affirm in part and reverse in part.

I. BACKGROUND1

Ted L. Walker and his father, Ted G. Walker, are both lawyers. In October 1996, Ted G. Walker prepared a will for Louise Rogers.2 In her will, Loui

In this interlocutory appeal, E.L. “Ted” O’Rourke sued the Board of Trustees of the Galveston Wharves (“the Wharves”) for invasion of privacy and

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civil conspiracy, and O’Rourke also asserted claims for declaratory and injunctive relief and sought compensatory and punitive damages. The Wharves filed a plea to the jurisdiction, asserting that O’Rourke’s claims against

¶1 Plaintiff Kris Hansen appeals the district court’s decision to grant the respective motions to dismiss filed by Defendants The Bank of New York Mellon (the Bank) and Marlon L. Bates on the basis that Hansen’s claims are barred by res judicata. We affirm.

¶2 In 2006, Hansen executed a deed of trust on certain property, naming Mortgage Electronic Registration Systems, Inc. (MERS) as

This case involves a dispute over the disposition of a deceased Alaska
attorney’s interest in attorney’s fees from his participation, through a joint venture, in the
Exxon Valdez oil spill litigation. The attorney’s sister, individually and on behalf of their mother’s trust, asserted claims to the attorney’s fees, and the attorney’s estate opposed those claims. The parties sett

Rodrigo Orlando Kuljis sued his former landlords Christopher L. Nguyen, Tho Nguyen, and Giang Nguyen. Kuljis filed two motions for summary judgment, which the trial court granted. In two issues, the Nguyens argue that the trial court

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erred in (1) denying their motion for new trial and (2) granting Kuljis more attorney’s fees than he requested in his motion for summary judgment.

This software-licensing dispute became more intriguing after the parties settled it. On the eve of settlement, Infocon, a software distributor, fired its lawyer, J. Fox DeMoisey. Hoping to ensure that he got paid for his

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No. 12-3538 Exact Software N. Am., Inc. v. Infocon Sys., Inc. Page 2

work, DeMoisey placed a charging lien on the settlement proceeds. Exact delivered the $

In this employment discrimination case, Dr. Willana Geneva Turner appeals from a district court order that entered judgment on the pleadings in favor of the City of Tulsa, Oklahoma. We have jurisdiction under 28 U.S.C. § 1291, and affirm for substantially the same reasons identified by the district court.

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* After examining the briefs and appellate record, this panel

Terri Greig brought this medical malpractice action against Dr. Maged Botros in the District of Kansas based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). The decedent Michael Greig, Terri Greig’s husband, died from a ruptured aortic dissecting aneurysm, which occurs when the aorta tears. We exercise our jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. ___________________

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendale”) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“th

Spirtas Company was hired to demolish a bridge. It subcontracted the blasting and demolition of the longest span to Dykon Explosive Demolition Corporation. Some of the explosive charges failed. The span was mangled. The full demolition took more time and resources to complete. Spirtas incurred additional costs, and the general contractor withheld some payment from Spirtas. Spirtas made a claim und

1. On or about the 24th day of November, 2005, in Oklahoma County, State of Oklahoma, at Fancy’s, premises located at 1900 SE 59th Street, Oklahoma City, Defendant Young intentionally and negligently broke a glass that Plaintiff Liles was holding, causing her significant injury.

2. As a result of Plaintiffs negligence, Plaintiff, Briana Liles suffered damages as follows:

a. Medical

In 2008, the Borough of Palmyra (“Palmyra”) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAI”), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut

1. Glenda Davis, Plaintiff herein, is an individual with her only residence in Tulsa County,
State of Oklahoma.

2. Defendant Benny’s Restaurant, which does business as Crescent Café, is a dontic for
profit corporation, with its principle place of business located in Tulsa County, State of Oklahoma.

3. This action arises due to a serious bodily injury which occurred to

Protect Environmental Services, Inc. (“Protect” or “Appellant/Cross-Appellee”), in a single issue, asserts that the trial court abused its discretion in awarding a reduced portion of the attorney’s fees and expenses Protect incurred. Norco Corporation (“Norco” or “Appellee/Cross-Appellant”), in a sole issue, alleges error by the trial court in denying Norco’s motion for new tri