The dispositive question presented by this appeal is whether § 301 of the Labor-Management Relations Act (“LMRA”), 29 U.S.C. § 185, preempts Plaintiffs’ state-law claims asserted against the National Football League (“NFL”) and the National Football League Players’ Association (“NFLPA”). Because Plaintiffs’ claims arise from or are substantially dependent upon an interpretation

Section 8(b) of the Real Estate Settlement Procedures Act (“RESPA”) provides:

(b) Splitting charges. No person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually perfor

[¶1] Chad Davis (Father) and Wendy Willis f/k/a Wendy Davis (Mother) were divorced by decree awarding Father primary physical custody of the children and giving Mother liberal visitation. A year later, Father filed a motion for an order requiring Mother to show cause why she should not be held in contempt for violating provisions of the decree. Mother responded with her own motion for an order re

The legal question raised on appeal is whether the district court erred by granting summary judgment to the defendant. Another question, unrelated to the legal one, but equally weighty, is “what happened to Jag?” Jag was (and perhaps still is) a Golden

Retriever owned by Janis Fonceca. Plaintiffs-Appellants Dennis and Audra Snyder are professional dog handlers. They were hired by Foncec

Veronica Alvarez asserts that while she was employed at Des Moines Bolt Supply, Inc. (“DMB”), she was subjected to sexual harassment from co-workers, and that the company retaliated against her when she complained about the harassment. Alvarez filed suit under Title VII and the Iowa Civil Rights Act, alleging retaliation and sex discrimination based on a hostile environment. The district court

Both parties to this action sought custody of their three children during their divorce proceeding. The trial court found the father had a history of domestic violence and awarded the mother sole physical and legal custody pursuant to AS 25.24.150(g). The father appeals, arguing: (1) he did not have a history of domestic violence sufficient to trigger the presumption against awarding him custody u

This case arises from two condemnation actions brought by Plaintiff-Appellee County of Hawai‘i (Appellee or the County). In both actions Appellee sought to condemn property belonging to Defendant-Appellant C&J Coupe Family Limited Partnership (Appellant) (1) for use as a public highway (Bypass). (2) 1250 Oceanside Partners (Oceanside), a development company that was to build the Bypass through a

In 2008, plaintiffs James Brooks, Donald Hamlette, and Samuel St. John, who were correctional officers for Virginia’s Department of Corrections (the "Department"), initiated these since-consolidated civil actions in the Western District of Virginia, asserting retaliation claims under 42 U.S.C. § 1983.

Their respective complaints named as defendants Howard R. Arthur, Sr., and Randal W. Mi

¶1 This matter is before the Court on Petitioner Michael Dewayne Smith's second application for post-conviction relief, motion for discovery, and motion for evidentiary hearing. A jury convicted Smith in 2003 in the District Court of Oklahoma County, Case No. CF-2002-1329, of the first degree murders of Janet Moore and Sarath Pulluru. The jury assessed a sentence of death for each murder.1 Since

In this action for legal malpractice, plaintiff(1) appeals, assigning error to the allowance of defendant's motion for summary judgment. As described below, the procedural posture is singular: After plaintiff unsuccessfully sought post-conviction relief based on defendant's alleged ineffective assistance in criminal matters, see Johnson v. Zenon, 151 Or App 349, 948 P2d 767 (1997), rev den, 326

[¶1] Terry Sanders appeals from the district court judgment dismissing his claim for enforcement of a deferred compensation agreement with Gravel Products, Inc. We hold Gravel Products complied with the plain and unambiguous language of the deferred compensation agreement, and we affirm.

I

[¶2] The relevant facts for this case are set forth in Sanders v. Gravel Products, Inc.,

We are asked to decide two claims of trial error raised by Teresa Myers‘s appeal from an adverse jury verdict in her personal injury action. She first contends the district court should have instructed jurors they could draw a negative inference against Crawford Heating & Cooling (Crawford) from its employee‘s act of discarding the tool bag that fell on her head. Because the district court cor

Nickolos Cyrus suffered from bipolar disorder and schizophrenia and was known to local police based on past psychotic—but noncriminal—episodes. Early one morning, after being reported missing by his family and while in a delusional state, he wandered into a partially built new home in Mukwonago, Wisconsin, wearing nothing but a bathrobe.

The property owner was present and called the p

Edith Carolyn Fryar and the Robert B. Fryar Residuary Trust (“the Fryar Trust”) (collectively known as “the Fryar family”) appeal the district court’s entry of judgment in favor of appellees after a three–day bench trial. The Fryar family sold Sav–Amil, LLC (“Sav–Amil”)—a company owned by Alan Nunnelee and Steve Hammack—roughly 3,600 acres of land in Mississippi and Tenness

Daniel Coleman appeals the dismissal of his amended complaint in this suit alleging, as is relevant here, violations of Title VII of the Civil Rights Act of 1964 ("Title VII"), see 42 U.S.C.A. §§ 2000e to 2000e-17 (West 2003 & Supp. 2010), and of the Family and Medical Leave Act of 1993 ("FMLA"), see 29 U.S.C.A. §§ 2601-54 (West 2009 & Supp. 2010). Finding no error, we affirm.

I.

This is an appeal from the granting and denial of summary judgment motions related to a bill of review. PNS Stores, Inc. d/b/a MacFrugal’s Bargain Closeouts d/b/a MacFrugals, Inc. (“PNS”) filed a bill of review, attempting to overturn a state court default judgment. Both parties filed motions for summary judgment relating to the bill of review. The trial court denied PNS’s motion for su

This appeal arises from medical malpractice claims brought by appellant, Ronald Engh, against appellees, Dr. Panagiotis Kougias and Dr. Michael Reardon. The trial court dismissed Engh’s claims against both doctors with prejudice after concluding that the expert report served by Engh did not satisfy the requirements of section 74.351 of the Texas Civil Practice and Remedies Code.[1] This appeal

Carlos Shurick sued The Boeing Company, his former employer, in federal court under the False Claims Act. He also sued Boeing in state court under the Florida Whistleblower Act. We must decide whether a final judgment in the former action precludes further litigation of the whistleblower claim here. In accordance with our decision in Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235 (11th Cir. 1999), we

Bernard P. Rice drowned while competing in the 2006 Ford Ironman Florida Triathlon (“Triathlon”) at Panama City Beach, Florida. Brian Moore, as representative of the estate of Rice, sued North America Sports, Inc., USA Triathlon, Inc., and World Triathlon, Inc., alleging that Rice’s death was the result of negligence in conducting the Triathlon. The case was tried to a jury, and resulted in

District of New Mexico to determine whether the third-party bad faith cause of action against a compulsory automobile liability insurance carrier, for failure to settle an underlying lawsuit, which we recognized in Hovet v. Allstate Insurance Co., 2004-NMSC-010, 135 N.M. 397, 89 P.3d 69, should be extended to bad faith claims by third parties against carriers providing nonmandatory excess liabilit

In this case we hold that although the presumption of negligence established by Evidence Code section 646 (res ipsa loquitur) disappears upon the introduction of evidence tending to rebut the presumed fact, the plaintiff is still entitled to rely on the logic of the underlying common law inference of negligence if the evidence supports it, as it does in this case.

This negligence lawsuit ar

James Richard Stiefel appeals from orders of the district court dismissing his employment discrimination claims against Bechtel Construction Company under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Stiefel contends that Bechtel discriminated against him because of a disabling work-related injury and failed to accommodate that disability (“pre-termination claims”) and then

[¶1] This appeal presents the question of whether, and to what extent, a decision by a panel of the Fee Arbitration Commission, pursuant to Maine Bar Rule 9, that is adopted as a judgment of the trial court, may serve as a full or partial bar to a legal malpractice counterclaim asserted in the fee collection action.

[¶2] Nancy J. Emerson appeals from a summary judgment entered in the Supe

Appellant Francis J. Farina brought this class action against various cell phone manufacturers and retailers of wireless handheld telephones. He appeals from the dismissal of his complaint on the ground that his claims are preempted by regulations promulgated by the Federal Communications Commission. We will affirm.

I.

Farina represents a putative class consisting of all past, curren

Appellant Famous Horse, Inc., operates a chain of clothing stores in the New York
18 area called V.I.M. that sell name-brand jeans and sneakers for relatively low prices.
19 Appellees offered to supply several clothing stores, including V.I.M., with Rocawear
20 brand jeans at a discounted price. After purchasing jeans from Appellees in 2006, V.I.M.
21 discovered that the jeans were