Evans Cabinet Corporation v. Kitchen International, Inc. |
According to the allegations of the complaint, Kitchen International and Evans entered into a contract in 2004. Footnote Evans agreed to supply Kitchen International with manufactured cabinetry for several residential construction sites on the East Coast of the United States. Kitchen International placed these orders from its headquarters in Montreal with the Georgia offices of Evans. The materia $0 (02-03-2010 - MA) |
Leonard Prive v. Vermont Asbestos Group and Howard Manosh |
Plaintiff appeals the dismissal of his complaint against defendant Howard Manosh. The original complaint listed Vermont Asbestos Group (VAG) as the only defendant. Plaintiff subsequently filed proposed amendments to his complaint to add as a defendant the president and CEO of VAG, Howard Manosh. Plaintiff stated that Manosh was personally liable for the alleged trespass and nuisance claims. Af $0 (02-04-2010 - VT) |
River Runners for Wilderness v. Stephen P. Martin |
This case concerns the National Park Service’s decision to permit the continued use of motorized rafts and support equipment in Grand Canyon National Park. Plaintiffs contend that such motorized activities impair the wilderness character of the Canyon and that the Park Service’s decision violates its management policies and various federal statutes. Plaintiffs asked the District Court to set a $0 (02-02-2010 - AZ) |
Oscar Jewell Taylor and Barbara Taylor v. Eliseo Carbajal and Argelia Carbaja |
Oscar Jewell Taylor and Barbara Taylor appeal a judgment that declares the parties' rights concerning the exercise of an option to purchase land that the Taylors leased to Eliseo Carbajal and Argelia Carbajal. The sole issue raised on appeal contends the Carbajals failed to give timely notice of their intent to exercise their option to purchase the property. We hold that the trial court did not er $0 (01-14-2010 - TX) |
Lonnie Phillips v. Betty Willy |
This appeal arises from a suit to clear title to a 50-acre tract of land. The parties, or their predecessors in interest, have been in litigation over this land for more than 30 years. Appellants, Lonnie Phillips and Lance Phillips, as next friend, ("appellants," collectively, "Lonnie" and "Lance," individually), appeal judgments rendered against them upon separate motions for summary judgment fil $0 (01-30-2010 - ) |
Benita Helen Kirkland v. General Motors Coporation |
¶1 The issue for us in this case is the present and the future of products liability litigation in Oklahoma. Much we do in this case may set the pattern of such litigation in Oklahoma and may determine whether this young, vigorous and progressive State shall now meet the challenge of the mass advertising of today, its hypnosis, and the pace and flow of the economics of the late twentieth century. $0 (04-23-1974 - OK) |
Fernando Roa and Lilian Roa v. LAFE and Marino Roa |
At issue on this appeal are several questions centering on the operation of the two-year statute of limitations applicable to the antiretaliation provision of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-12(d). In particular, we are asked to declare whether the statute of limitations bars a retaliation claim based both on an employee's discharge and on a post-discharge retaliatory $0 (01-14-2010 - NJ) |
Station Operation, LLC v. Circle K Stores, Inc. |
¶1 Station Operation, LLC, (Plaintiff) appeals from an order of the district court denying its motion to enter judgment for injunctive relief against Circle K Stores, Inc. (Defendant). Although Plaintiff asserts five assignments of error in its Petition in Error, the question presented is whether Plaintiff's acceptance of Defendant's offer of judgment pursuant to 12 O.S. Supp. 2008 § 1101.1(B)1 $0 (01-08-2010 - OK) |
Rex Carr v. Stephen M. Tillery, et al. |
Rex Carr, a successful class action lawyer in southern Illinois, is locked in mortal combat with his former law partners, the defendants in a RICO case (with a supplemental state-law claim, 28 U.S.C. § 1367) that he brought in federal district court. |
Linda F. Seals v. H & F, Inc. |
Rodney Leon Boling (the “Decedent”) died on October 28, 2007. At the joint request of his fiancée and his fourteen-year-old son, whose names are not a part 2 of this limited record, the body was cremated by the defendants, H & F, Inc. (“H & F”), a funeral home operator, and Sellars Cremation Service, Inc. (“Cremation Service”) (the “Defendants”). While H & F made contractual arran $0 (01-15-2010 - TN) |
Joseph Wojcicki v. Aiken Technical College |
Joseph Wojcicki brought this action against Aiken Technical College and its employees, alleging discrimination under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 2000e - 2000e-17 (West 2003 & Supp. 2009), the Americans with Disabilities Act, 42 U.S.C.A. §§ 12101 - 12117 (West 2005 & Supp. 2009), and the Age Discrimination in Employment Act, 29 U.S.C.A. §§ 621 - 634 ( $0 (01-14-2010 - SC) |
Emmanuel N. Lazaridis v. Lavina Tina Wehmer |
Pro se appellant Emmanuel Lazaridis filed a complaint in the United States District Court for the District of Delaware raising various constitutional and statutory claims relating to child custody proceedings and the registration of foreign custody orders in the state of Delaware against his ex-wife, her attorneys, and the Delaware Attorney General. Lazaridis now appeals from the District Court’ $0 (01-07-2010 - DE) |
Emmitt Grier, Jr. v. Superintendent Edward J. Klem |
Appellant-Plaintiff Emmitt Grier, Jr. (“Grier”) appeals from the District Court’s decision granting Appellee- Defendants Erie County District Attorney’s (“District Attorney”) and Superintendent Edward Klem’s motion to dismiss his § 1983 claim, determining it is barred by the Heck rule.1 For the following reasons, this Court will vacate the District Court’s order and remand for fur $0 (01-13-2010 - PA) |
Allied Orthopedic Appliances, Inc. v. Tyco Health Care Group, L.P. |
Plaintiffs in this antitrust suit are a group of hospitals and other health care providers that purchased pulse oximetry sensors from Tyco Healthcare Group LP after November 2003. They allege that they overpaid for the sensors because Tyco used two kinds of marketing agreements to foreclose competition from generic sensor manufacturers in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. $0 (01-10-2010 - CA) |
Cell Therapeutics, Inc. v. Lash Group, Inc. |
The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov $0 (01-06-2010 - WA) |
All Creatures Animal Hospital, Inc. v. Finova Capital Corporation |
Appellee Finova Capital Corporation sued appellants All Creatures Animal Hospital and Marion Smith, D.V.M., alleging that the hospital had breached a lease of certain office equipment.1 The Garland County Circuit Court entered summary judgment in Finova’s favor. The hospital now appeals, raising five points for reversal. We affirm. On March 31, 1994, the hospital entered into a written lease for $0 (01-06-2010 - AR) |
A. William Lucas v. Riverside Park Condominiums Union Owners Association |
[¶1] A. William Lucas appeals from an amended judgment dismissing his action against Riverside Park Condominiums Unit Owners Association under the federal Fair Housing Act and the state Housing Discrimination Act for failing to grant him an accommodation for his disability, and awarding the Association its costs and attorney fees. We conclude the district court did not err in granting summary jud $0 (12-22-2009 - ND) |
Keith Smith v. Bayer Corporation |
Plaintiff George McCollins represented a putative West Virginia class in this multidistrict litigation against the defendants who manufactured and produced Baycol, a prescription cholesterol lowering medication. His was one of thousands of similar Baycol lawsuits consolidated for pretrial proceedings in the district court, In re Baycol Prods. Litig., MDL No. 1431. After the presiding judge1 denied $0 (01-05-2010 - MN) |
Wisconsin Alumni Research Foundation v. Xenon Pharmaceuticals, Inc. |
This case arises out of a complex set of contractual relationships between the Wisconsin Alumni Research Foundation, the patent-management entity for the University of Wisconsin; certain research scientists at the University; and Xenon Pharmaceuticals, a Canadian drug company. The Foundation and Xenon jointly own the patent rights to an enzyme that can lower cholesterol levels in the human body. T $0 (01-05-2010 - WI) |
Ricky Eugene Clark v. State Farm Mutual Automobile Insurance Company |
In this appeal, we must determine whether a case may proceed as a class action even though the named plaintiff’s claim became moot before he filed a motion for class certification. We conclude that the case may not proceed. In August 2000, Ricky Eugene Clark filed a class action complaint in Colorado state court naming State Farm Mutual Automobile Insurance Company as the defendant. The complain $0 (12-29-2009 - CO) |
David R. Stone v. Instrumentation Laboratory Company |
In this appeal, we address the interpretation of a provision of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, governing the filing of whistleblower lawsuits in federal district court. The parties acknowledge that the Sarbanes-Oxley Act expressly provides a United States District Court jurisdiction to entertain a whistleblower action. However, they disagree as to whether a whistleblower plain $0 (01-03-2010 - MD) |
Texas Back Institute, P.A. d/b/a Texas Back Institute and William D. Bradley, M.D. v. Brenda Peters |
Appellants Texas Back Institute, P.A. d/b/a Texas Back Institute and William D. Bradley, M.D. appeal the trial court=s orders denying their objections to Appellee Brenda Peters=s tendered expert report and denying their motion to dismiss Peters=s health care liability claims. See Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(9) (Vernon 2008), ' 74.351(a), (b) (Vernon Supp. 2009). In a single issu $0 (12-25-2009 - ) |
Center for Biological Diversity v. Krik Kempthorne, Secretary of the Interior |
In August 2006, the United States Fish and Wildlife Service promulgated five-year regulations under the Marine Mammal Protection Act § 101(a)(5) that authorize for a fiveyear period the non-lethal “take” of polar bears and Pacific walrus by oil and gas activities in and along the Beaufort Sea on the Northern Coast of Alaska. 50 C.F.R. § 18. The term “take” means “to harass, hunt, captu $0 (12-06-2009 - ) |
South Fork Band Council of Western Shoshone of Nevada v. United States Department of the Interior |
This is an appeal from the denial of a preliminary injunction in an environmental challenge to a major gold mining project on the side of Mt. Tenabo in Nevada. The mountain has religious significance for Indian tribes. The plaintiffs-appellants are the South Fork Band Council of Western Shoshone of Nevada, and other tribes and organizations (“the Tribes”). The Tribes originally filed this acti $0 (12-04-2009 - NV) |
Schellinger Brothers v. City of Sebastopol |
It is probably a truism that since adoption of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.1 (CEQA)) in 1970, every developer has at some point before construction starts ground his teeth or clenched her fists in frustration while enduring the often lengthy process leading to certification of an environmental impact report (EIR) for the proposed project. This app $0 (12-02-2009 - CA) |
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