PB Brands, LLC (“PB Brands�) appeals the District Court’s order denying its motion for a preliminary injunction. PB Brands sought to enjoin Patel Shah Indian Groceries (“PSIG�)1 from using the name Patel, or any similar name, in commerce. The District Court held that PB Brands failed to establish that a likelihood of confusion existed between PB Brands’ service marks and PSIG’s busin

Plaintiff-Appellant, the United Keetoowah Band of Cherokee Indians of Oklahoma (“UKB�), is challenging a final agency action by the United States Department of Housing and Urban Development (“HUD�) which drastically reduced the federal funding that the UKB received for housing under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), 25 U.S.C. §§ 4101-424

Plaintiffs-appellants appeal from the judgment of the district court in favor of defendants-appellees in this personal injury case. Jurisdiction in the district court was based on diversity of citizenship, 28 U.S.C. § 1332, and this court has jurisdiction under 28 U.S.C. § 1291 because the district court entered final judgment on all claims as to all parties. The district court entered final jud

Plaintiff, John Crane Inc. (Crane), appeals from the grant of a preliminary injunction enjoining it from engaging in any other litigation in any forum related to insurance coverage for asbestos claims against John Crane. Certain defendants also appeal the trial court’s denial of their motion to extend the injunction through all appeals in this proceeding. For the following reasons, we affirm the

Albert O. Freeman is again before this Court, in reference to a 1.3-acre tract of land near Lake Cherokee. The bounds of that property were finally determined in an opinion by this Court in which we affirmed a jury finding that Freeman had adversely possessed the property. As a part of that judgment, the boundary of the property and its ownership were specifically determined and locations specifi

Seven police officers and other unnamed plaintiffs (“Plaintiffs�) currently or formerly employed by the Woodbury County Sheriff’s Department (the “Sheriff’s Department�) filed suit against Woodbury County (the “County�) for its alleged failure to pay overtime compensation in violation of the Fair Labor Standards Act (“FLSA�), 29 U.S.C. §§ 201–19. A jury returned a verdict i

Two municipalities in Illinois ban the possession of most handguns. After the Supreme Court held in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), that the second amendment entitles people to keep handguns at home for self-protection, several suits were filed against Chicago and Oak Park. All were dismissed on the ground that Heller dealt with a law enacted under the authority of the nati

In this case, we address the boundaries of Frye-Reed1 with respect to a hypothesis proffered, on behalf of Pamela and Ernest Blackwell, Petitioner, by their expert, Dr. Mark Geier, involving whether the presence of the preservative “thimerosal�2 in childhood vaccines, causes neurological defects, such as autism,3 as well as his and four other individuals’ qualifications to be experts under M

The litigation giving rise to this appeal has its genesis in November 2002, when Diamond Point Plaza Limited Partnership, owner of a shopping center in Baltimore County, defaulted on a mortgage loan that was secured by the shopping center property. Appellant Wells Fargo Bank, N.A. (“Wells Fargo�), as trustee for the assignees of the mortgage, brought an action in the Circuit Court for Baltimor

The intervenor, Peter Hill, and the respondent, the City of Keene, appeal the decision of the Superior Court (Arnold, J.) vacating the decision of the City of Keene Zoning Board of Adjustment (ZBA). The petitioners, Robert Farrar and Jeananne Farrar, cross-appeal. We reverse in part, affirm in part, and remand.

The record supports the following. On January 17, 2007, Hill applied for use and

¶1 On June 30, 2006, the petitioners-appellees, The Trust Company of Oklahoma and Ronald Saffa, filed a pleading entitled "Application for Instructions, and Brief in Support, Regarding Conduct in Apparent Violation of the No-Contest Provisions of the Lorice T. Wallace Revocable Trust and the Lorice T. Wallace Irrevocable Trust." After a hearing the trial court found that the respondent-appellant,

Plaintiff Partner & Partner, Inc., appeals from the district court’s decisions (1) granting summary judgment to defendants ExxonMobil Oil Corporation and Michigan Fuels, Inc., on the breach of contract, antitrust, unjust enrichment, and tortious interference with advantageous business relationships claims; and (2) denying plaintiff’s motion to amend the complaint to assert new claims of fraudu

After being fired from defendant Elmwood Cemetery, plaintiff Silvia Thomas was dropped from her health insurance company’s coverage. Thomas initially sued Elmwood and defendant Chancey Miller, her former supervisor at Elmwood, for failing to notify her of her right to continue health insurance under the Consolidated Omnibus Reconciliation Act of 1985 (COBRA), 29 U.S.C. § 1160 et seq. She allege

Plaintiff-Appellant Robin L. Avery appeals the district court’s grant of summary judgment in favor of Defendants- Appellees Derrick E. McGavic and Kristin K. Finney (collectively, the Attorneys) and the district court’s denial of Avery’s request for attorney’s fees from Defendants-Appellees First Resolution Management Corporation and First Resolution Investment Corporation (collectively, F

This is an appeal of a directed verdict in a premises liability lawsuit. Plaintiff James Padgett alleged he sustained injuries after stepping into a hole on the Colleton County Courthouse grounds. After Padgett presented his case, the County moved for a directed verdict, which the trial judge granted, holding (1) the dangerous condition causing Padgett's injuries was open and obvious, and (2) th

CACI International ("CACI") appeals the district court’s decision that its insurer, St. Paul Fire and Marine Insurance Company ("St. Paul"), had no duty to defend CACI against claims alleging torture and abuse at Abu Ghraib and other prisons in Iraq. CACI acknowledges that the insurance policies at issue in this case generally limit coverage to the United States and Canada. Still, CACI argues th

In this qui tam action, filed by August Arnold, the Relator alleges that the Defendants, consultants who provided services to the Pennsylvania Department of Transportation (“PennDOT�), falsified their credentials to qualify for higher pay rates. Arnold contends that, as a result, the consultants defrauded the federal government, which funded the contracts at issue, in violation of the False Cl

This appeal arises from a complaint filed by David Meuser ("Meuser/Appellant") against Federal Express Corporation ("FedEx") on February 9, 2006, in the Hampshire Superior Court, in the Commonwealth of Massachusetts, alleging violation of the Massachusetts Civil Rights Act (“MCRA�), Mass. Gen. Laws ch. 149, § 52C, intentional infliction of emotional distress, and discharge in violation of pub

For centuries, a broad, shallow sheet of fresh water that covered most of South Florida flowed south from Lake Okeechobee to the Florida Bay. This phenomenon was the “river of grassâ€� or Everglades, which supported unique and fragile flora and fauna. As so often happens with natural treasures, people sought to control and manipulate the Everglades for their own ends. After the State of Floridaâ

In this case, the same patent, U.S. Patent No. 4,935,507 (the ’507 patent), occasions litigation in both the United States District Court for the Eastern District of Virginia and the United States District Court for the Northern District of Illinois. The Virginia District Court granted the motion of Lupin Ltd. and Lupin Pharmaceuticals Inc. (collectively Lupin) for summary judgment of noninfring

{1} Defendant Allstate Insurance Company (Allstate) appeals, challenging the jury award of compensatory damages and punitive damages to Plaintiffs Suzanne Guest and the Guest Law Firm, P.C. (Guest). Guest cross-appeals, challenging the trial court action in reducing the punitive damages award and refusing to award attorney fees. We affirm in part, reverse in part, and remand for a new trial o

¶1 Robert J. Beasley (Beasley) appeals from an order of the Eleventh Judicial District Court, Flathead County, that granted the motion to dismiss filed by Flathead County, Flathead County Board of Adjustment and the Flathead County Zoning Administrator Jeff Harris (collectively Flathead County). We affirm.

¶2 We review the following issue on appeal:

¶3 Whether the District Court p

This is an interlocutory appeal of the district court’s denial of a motion for a preliminary injunction. See Okla. ex rel. Edmondson v. Tyson Foods, Inc., No. 05-CV-329-GKF-SAJ, 2008 WL 4453098, at *1, *3 (N.D. Okla. Sept. 29, 2008).

The motion arose out of a 2005 complaint filed by Plaintiffs-Appellants (collectively referred to as Oklahoma) against Defendants-Appellees (collectively r

Plaintiff-Appellant Smithfork Grazing Association (“Smithsfork�) is an association of ranchers who hold federal grazing permits entitling them to run livestock on an allotment in southwestern Wyoming. After the Bureau of Land Management (“BLM�) issued decisions modifying the terms and conditions of these permits, Smithsfork petitioned for a stay of the decisions pending an administrative a

Reliance Capital, Inc. appeals from a grant of summary judgment favoring appellees, G.R Hmaidan, Inc., G.R. Hmaidan, and Isam Hmaidan (collectively Athe Hmaidans@). Reliance sued the Hmaidans for breach of contract based on an alleged failure to pay on promissory notes. The trial court granted summary judgment for the Hmaidans on res judicata grounds. In its first three issues on appeal, Relian