This appeal concerns the Covington Oaks Condominiums, a four-phase residential development in Bexar County, Texas. Phases I, II, and III are under the governance of the Covington Oaks Condominium Owners Association, known as “COHOA.� For many years, COHOA has been in litigation with the owners of Phase IV regarding whether the entrance and private road used by the residents of Phases I, II,

This appeal arises from a legal malpractice suit by Appellant Roger K. Parsons against Appellees Robert M. Greenberg; Legal Services P.C.; Robert M. Greenberg, Attorney (collectively, Greenberg); Robert E. Motsenbocker; Shafer, Davis, O’Leary & Stoker, Inc. f/k/a Shafer, Davis, McCollum, Ashley, O’Leary & Stoker, Inc. (collectively, Motsenbocker); E.I. du Pont de Nemours and Company (DuPont);

The California Department of Rehabilitation (DOR) and the United States Department of Education appeal from the district court’s decision enforcing a 2008 arbitration award issued pursuant to 20 U.S.C. § 107d-1(a) of the Randolph- Sheppard Vending Stand Act (the Act). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.

I

Some familiarity with the structure of the R

This appeal concerns the interpretation of the phrase “consumer product in consumer use� in the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA�). 42 U.S.C. §§ 9601 et seq. Plaintiff-appellant, Emergency Services Billing Corporation (“ESBC�), is the billing agent for the Volunteer Fire Department of Westville (“Fire Department�), a town in central I

We granted en banc rehearing of this case to determine whether the so-called postdeparture bar regulation at 8 C.F.R. § 1003.2(d) remains valid in this circuit considering Congress’ 1996 amendment to the Immigration and Nationality Act (“INA�). The amended Act grants noncitizens the right to file one motion to reopen their immigration proceedings. However, the Board of Immigration Appeals (

Appellant James R. Karnei appeals the trial court’s take-nothing judgment entered in favor of appellee Roger Camacho. Karnei sued Camacho, who owned a neighboring property, alleging Camacho’s negligence caused a fire that destroyed 2Karnei’s barn. By three issues, Karnei argues the trial court reversibly erred by (1) failing to instruct the jury on res ipsa loquitur; (2) awarding court costs

Richard L. Dockum, pro se appellant, filed a premises defect and gross negligence suit against Wal-Mart Stores Texas, LLC, appellee. Dockum appeals a take-nothing summary judgment granted in favor of Wal-Mart. By five issues, Dockum argues the trial court erred by (1) granting Wal-Mart’s traditional motion for summary judgment based on limitations and other grounds; (2) not granting his motion t

Donna K. Baldwin filed an action in Hillsborough County against Pinellas County (the County) for the inverse condemnation of her land located wholly within Hillsborough County. The County moved to dismiss the action for improper venue, claiming its home venue privilege. The circuit court denied the motion, and the County appeals.1 Because Ms. Baldwin's complaint for inverse condemnation invoked th

Curtis Sherrod filed this action against the defendants pursuant to 42 U.S.C. § 1983 claiming that he was terminated as a teacher and employee of the Palm Beach County School District in retaliation for exercising his First Amendment rights. At all relevant times, Arthur Johnson was Superintendent of Schools, and Gloria Crutchfield served as Principal of Roosevelt Middle School where Sherrod was

This is a FMLA employee-discharge case arising from confusion as to when an employee should return to work after his leave. The defendant, American Standard, Inc., appeals the district court’s grant of partial summary judgment in favor of the plaintiff, Carl Thom, Jr., on his claim that American Standard interfered with his rights under 29 U.S.C. § 2612(a)(1)(D) of the Family and Medical Leave

Mary Bucksbaum Scanlan (“Scanlan�) is a current beneficiary of several discretionary trusts. Scanlan brought claims of legal malpractice and breach of fiduciary duty against the trustee and her lawyers. The district court dismissed all of her claims with prejudice and ruled that Scanlan lacked Article III standing because she did not allege facts showing a likelihood that the trusts’ corpus

Sunbeam Television Corporation appeals from a final judgment awarding damages on a discrimination claim in favor of Marilyn A. Mitzel, a reporter whose contract Sunbeam opted to terminate. We conclude that the trial court erred when, years into the litigation, it permitted Mitzel to change the theory of her case from one of strictly age discrimination, as reflected in her charge to the FCHR and EE

Seitel Data, Ltd., entered into a contract with the Ralph Simmons and Laura Angela Simmons Family Living Trust (Simmons) wherein Seitel would enter upon the Simmons property in Shelby County, Texas, to conduct seismic testing.[1] Simmons conducted a chicken growing operation on the premises, an activity which requires a substantial amount of water in order to keep the chicken houses cool. To sup

Malcolm Pipes sued D. Scott Hemingway d/b/a Law Offices of D. Scott Hemingway; Greg Bender; SJS Holdings, LLC; FOI Group, LLC; Red River Fiber Optic Corporation; and Carl L. Goodzeit (collectively appellees), as well as Tewari De-Ox Systems, Inc., for conversion. In one issue, Pipes argues the trial court erred by dismissing Pipes's claim against appellees. See Footnote 1 We affirm the trial co

Appellant, Charles Thielemann, challenges the county court at law’s order dismissing, for want of jurisdiction, his defamation claim[1] against appellee, Alan Kethan, and awarding Kethan sanctions.[2] In three issues, Thielemann contends that the county court at law erred in granting Kethan’s motion to dismiss and assessing sanctions, denying Thielemann’s motion requesting that the county c

The district court granted a preliminary injunction prohibiting the State of Washington from enforcing its limitation on contributions to political committees supporting the recall of a state or county official. We conclude that the plaintiffs satisfied their burden under Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), to demonstrate that the contribution limit is likely an u

This is a medical malpractice case. Appellant advances several arguments on appeal, but the only issue that we must address is whether the trial court erred in granting the appellee hospital’s request to dismiss appellant’s lawsuit based on charitable immunity in the absence of any evidence of the hospital’s current qualifications for charitable-immunity status. We hold that the trial court

This appeal follows the March 2, 2011 order of the Pope County Circuit Court awarding appellees Mobley Law Firm, P.A. and Alfred Jefferson Mobley an attorney’s fee in the amount of $20,555.55. Appellants Cordy Hooten, Randy Hooten, as well as appellant Terry Hooten, individually and as administrator of the estate of Sammy Hooten, argue that the circuit court erred (1) in finding that appelleesâ€

On this appeal, we decide whether organizing assistance offered by an employer to a labor union can be a “thing of value� contemplated under § 302 of the Labor Management Relations Act (“LMRA�), 29 U.S.C. § 186. Section 302 makes it unlawful for an employer to give or for a union to receive any “thing of value,� subject to limited exceptions. We hold that organizing assistance can be

In Schlesinger v. Councilman, 420 U.S. 738 (1975), the Supreme Court held that principles of comity, respect for the expertise of military judges, and judicial economy weigh against federal court intervention in pending court-martial proceedings and in favor of requiring exhaustion of all available remedies within the military justice system before a federal court’s collateral review ("Councilm

After her first termination from the City of Pasadena Police Department and subsequent reinstatement, Karin White brought a lawsuit in state court claiming that she had been discriminated against and harassed by the City due to its perception that she had a disability. After her second termination, she reiterated her discrimination and harassment claims in an administrative proceeding, where she a

¶ 1 Plaintiffs, Ross E. McNeil and Leslie K. McNeil, and one of the defendants, Milorad P. Ketchens, had a dispute over who owned a narrow triangle-shaped piece of the driveway at 609 West Stoughton Street in Urbana. In McNeil v. Ketchens, 397 Ill. App. 3d 375, 395 (2010), we resolved the dispute by holding that although the McNeils had not acquired this sliver of land by deed, they had acquired

On March 28, 2006, Michael Lind (the “Plaintiff�) was injured as he stepped out of his 2004 Dodge Ram 2500 truck onto Fox Hollow Road in Christiana, Tennessee, near its intersection with Manchester Highway. Almost a year later, on March 19, 2007, he filed suit against the truck’s manufacturer, DaimlerChrysler Corporation (“Chrysler�), 1 and the seller, Beaman Dodge, Inc., d/b/a Beaman Do

This is an appeal from a partial judgment dismissing this action as to two defendants on the ground that they had not been served with process within six months of the date that the complaint was filed as required by Idaho Rule of Civil Procedure 4(a)(2). We affirm the judgment of the district court.

I.

Factual Background

In October 2007, Joseph M. Verska, M.D., performed two

This case involves an ongoing dispute between Ron McCann (Ron) and his brother William McCann, Jr. (Bill) concerning the operation of McCann Ranch & Livestock Company, Inc. (Corporation), a closely-held corporation created by their father, William McCann, Sr. (William, Sr.). In 1997, William, Sr.’s shares passed to a trust set up to benefit his wife Gertrude McCann (Gertrude), with Gary Meisner