{1} Walter Grassie died less than two hours after he was admitted to the emergency room at Eastern New Mexico Medical Center (Hospital) in Roswell, New Mexico. Mr. Grassie’s personal representative sued the Hospital asserting that (1) the emergency room medical staff was medically negligent; (2) the Hospital was negligent in allowing the treating physician to practice in its facility; and (3) th

{1} Worker Jesus Gonzalez appeals the decision of the Workers’ Compensation Judge (WCJ) denying him modifier benefits from his employer Performance Painting, Inc. (Employer) under NMSA 1978, Section 52-1-26(C) (1990), of the New Mexico Workers’ Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007). The WCJ denied modifier benefits because Worker’s undocume

This appeal raises numerous issues arising out of the grant of summary judgment to Newport News Holdings Corporation ("NNHC") on its claims against Virtual City Vision and its owner Van James Bond Tran (collectively, "VCV") under the Anticybersquatting Consumer Protection Act ("ACPA").

In addition to challenging summary judgment, VCV argues that the magistrate judge erred in refusing to r

Appellant Lewisville Independent School District (LISD) appeals an order denying its plea to the jurisdiction and motion to dismiss. Because we hold that tax code section 31.11 does not clearly and unambiguously express a legislative intent to waive governmental immunity from suit, we will reverse the trial court’s order and render judgment dismissing Appellee CH Townhomes, Inc.’s (CHT) suit

This appeal arises out of a long-running family dispute in which Linda Jurek fought over ownership of a home with her father, Joseph Forrest, in three separate lawsuits. In the first suit, Jurek entered into a mediation agreement with Forrest in which she agreed to a settle her claims. Jurek later brought this suit alleging that Forrest and his lawyer, Gary Kivell, fraudulently induced her to si

Applebee's International, Inc. (Applebee's) brings this interlocutory appeal from the district court's1 denial of summary judgment in this employment wage dispute. Gerald A. Fast, Talisha Cheshire, and Brady Gehrling represent a class of 5,543 individuals (collectively "the employees") who are current and former servers and bartenders at Applebee's restaurants. They brought suit under the Fair Lab

The plaintiff, Dean J. Waterfield, appeals an order of the Superior Court (Barry, J.) granting summary judgment in favor of the defendants, Meredith Corporation, John Doe Anchorperson(s), and John Doe On-Site Reporter. We affirm in part, reverse in part, and remand.

The trial court found or the record supports the following facts. In March 2001, the plaintiff married Stephanie Waterfield.

Plaintiff-Appellee Alea London Limited (“Alea” or “the insurer”) filed this declaratory judgment action, alleging it had no duty to defend or indemnify its insured, defendant American Home Services, Inc. (“AHS” or “the insured”), in state court litigation brought by A Fast Sign Company, Inc. (“FastSigns”). In the state lawsuit, FastSigns sued the insured, AHS, for sending unsol

Plaintiff Diana Aguiar worked as a certified medication aid (CMA) at the defendant Bartlesville Care Center (the Center). During the course of her employment, she claims that she was sexually harassed by a resident. Following her termination for verbally abusing the resident, she filed suit under Title VII for hostile work environment sexual harassment and retaliation. Ms. Aguiar appeals from the

Helen Mining petitions this Court to review the United States Department of Labor Benefits Review Board‟s decision that affirmed an award of disability benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945, to miner John Obush. Helen Mining asserts that Obush‟s claim is time-barred and that the award is not supported by substantial evidence. We will deny the petition for review.

In April 2010, in response to a serious problem of unauthorized immigration along the Arizona-Mexico border, the State of Arizona enacted its own immigration law enforcement policy. Support Our Law Enforcement and Safe Neighborhoods Act, as amended by H.B. 2162 (“S.B. 1070”), “make[s] attrition through enforcement the public policy of all state and local government agencies in Arizona.” S.

¶1 This is an appeal by BNSF Railway Company from an order of the Oklahoma Corporation Commission (Commission) granting the Board of County Commissioners for Tulsa County's (Board) application to open a railroad crossing.

BACKGROUND

¶2 To facilitate the development of an industrial park, the Board applied to the Commission for authorization to open a railroad crossing. The cost

Can a taxpayer avoid the IRS by moving money to a “diet cookie” company and then destroying records that might show the company to be a sham? Or by transferring assets to his “children’s trusts” only to use the trusts to pay for his country club membership, buy cars, and fund his lifestyle? The answer, of course, is no. Why this is so takes a bit more explanation.

I

Gary Kr

¶1 The dispositive issue on certiorari is whether the Court of Civil Appeals erred in reversing the trial court's order. We answer in the affirmative.

I

THE ANATOMY OF LITIGATION

¶2 Riggs, Abney, Neal, Turpen, Orbison and Lewis (Law Firm) represented Gayle Nichols (wife or client) in her divorce case. After the divorce was granted, Law Firm filed on behalf of its clien

Plaintiffs-Appellants Fred Gardner and Concerned Citizens for Little Canyon Mountain (sometimes collectively Gardner) brought suit for declaratory and injunctive relief pursuant to the Administrative Procedure Act (APA), 5 U.S.C. §§ 701- 706, seeking to compel Defendant-Appellee United States Bureau of Land Management (BLM) to prohibit off-road vehicle use of Oregon’s Little Canyon Mountain ar

The instant case is the latest chapter in the saga of a multi-generational conflict over what the appellants call Brooms Gin Road in Sabine County, Texas.[1] As mentioned in the body of this opinion, issues involving this same road have reached the appellate courts on a previous occasion. The primary issue in this present case is whether Sabine County can be successfully sued in 2003 for damages

Appellant Douglas Wayne Joyner appeals the trial court’s order denying his petition for bill of review. In his petition, Doug challenges an amended domestic relations order, claiming that the order awarded his former spouse, Appellee Janelle Marie Joyner, a higher percentage of his military retirement benefits than what their divorce decree had awarded her. Specifically, Doug argues that the t

This appeal arises from an ongoing dispute between two brothers, Marvin Harry Dace, Jr., (“Harry”) and Tommy Dace (“Tommy”), over the estate of their deceased father, Marvin Harry Dace, Sr. (“Marvin”). On July 31, 2008, this Court issued its opinion in an earlier appeal involving the brothers and also arising from the dispute over their father’s estate.[1]

The current appeal

Evelyn Rivera twice injured her back while working at Wal-Mart. After initially paying workers’ compensation benefits to her, Wal-Mart filed a controversion because its physician thought that she had suffered only a temporary aggravation of a preexisting low back condition that should have healed by the date of controversion.

After a hearing, the Alaska Workers’ Compensation Board denie

This appeal involves the application of the Fourteenth Amendment‘s Due Process Clause to the suspension of policemen in Pennsylvania. Michael Schmidt, an officer in Pennsylvania‘s Capitol Police, claims that appellees, senior officers of the Capitol Police and officials of Pennsylvania‘s Department of General Services, violated his due process rights when they failed to provide him a hearing

Petitioner, a mobile home park operator, owns property that abuts a state highway. Defendant Oregon Department of Transportation (ODOT) approved an application to construct a new "approach" to that highway as part of the development of a Rite-Aid store near petitioner's property. The approval was conditioned on the developer erecting a median on the highway that would restrict turns--including tur

Ronald Lurie, proceeding pro se,1 appeals from the district court’s grant of summary judgment in favor of Marlin Oil Corporation (Marlin). The court concluded Lurie was unjustly enriched when Marlin mistakenly paid him $135,625.35 for his interests in an oil and gas well. Lurie also appeals from the court’s grant of declaratory judgment authorizing Marlin to offset future payments to Lurie unt

After more than forty years of marriage, R.V. Maddox and Winda Lou Cindy Maddox (“Cindy”) divorced, and the trial court judgment explicitly awarded R.V. and Cindy each one-half of the yearly[1] payments from an employee savings plan[2] that had accumulated while R.V. had worked for Champion International Corporation. R.V. later married Diane Maddox. After R.V.’s death ten years later, the

The Terraces at Cedar Hill, L.L.C. and The Terraces Addition Homeowners Association, Inc. appeal the trial court's judgment ordering foreclosure of the mechanic's lien held by Gartex Masonry and Supply, Inc. Appellants bring four issues asserting the trial court erred in ordering foreclosure of the mechanic's lien because (1) Gartex's lien affidavit did not comply with section 53.054 of the Texas

In this False Claims Act (“FCA”) appeal, relator Mary Cafasso challenges orders of the district court dismissing her qui tam complaint, rejecting her proposed amended pleading, granting summary judgment on remaining claims, and awarding attorneys’ fees.1 We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Cafasso alleges that her former employer General Dynamics C4 Syst