Plaintiff-appellant Victor T. Weber appeals the dismissal of his complaint seeking to foreclose on his purported real estate mortgage. The United States District Court for the Eastern District of Michigan abstained from exercising jurisdiction over the property dispute and dismissed Weber’s complaint without prejudice to allow it to be litigated in Michigan state court. Weber claims that the dis

The question presented by this case is whether a provi-sion in a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate claimsarising under the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C.§621 et seq., is enforceable. The United States Court of Appeals for the Second Circuit held that this Court’sdecision i

The facts underlying these consolidated cases show that, Ed Heller’s wife, Patricia, was killed when the taxi in which she was riding spun out of control on a rain-slick interstate highway and hit a tree. Heller, individually and as administrator of his wife’s estate (hereinafter collectively “Heller”), filed suit against the taxicab driver and the cab company that the driver worked for.1

Appellant Jayanti Patel appeals the trial court=s granting Appellee City of Everman=s (the City) no-evidence and traditional summary judgment motions. In six issues, Patel contends that the City failed to attach evidence to its motion for traditional summary judgment; that under the Alaw of the case@ doctrine this court is compelled to reverse the trial court=s judgment; that the trial court erre

Appellant, Jawad N. Alsheikh, appeals the trial court's judgment in favor of appellee, Arabian National Shipping Corp. (Arabian). In two issues, Alsheikh asserts the trial court erred because the doctrine of res judicata barred this suit, and because the evidence is legally insufficient to establish the amount of attorneys' fees awarded. We conclude this suit is not barred by res judicata, and th

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

Wendell Gorum, Ph.D., appeals the District Court’s grant of summary judgment in favor of Allen Sessoms, Ph.D., President of Delaware State University (“DSU”), and the DSU Board of Trustees (the “Board”).1 Gorum alleged that Sessoms retaliated against him for engaging in speech and association protected by the First Amendment to the United States Constitution.2 For the reasons that follow

In this case, Jefferson County employees challenge as unconstitutional and violative of federal law certain amendments made by the Jefferson County Commission to its retirement system. The district court dismissed the employees’ claims, finding that (1) the claims constituted a de facto appeal from a previous state court judgment which rejected similar arguments and that, therefore, under the Ro

{1} This is an appeal from the district court’s grant of summary judgment in favor of Defendants on Plaintiffs’ claim that Defendants engaged in an unlawful conspiracy to fix the prices of cigarettes sold in New Mexico. We affirm the summary judgment in favor of Defendants Liggett and Lorillard; we reverse the summary judgment in favor of Defendants Philip Morris, Brown & Williamson, and

{1} “In a case tried by the court without a jury, . . . the court shall enter findings of fact and conclusions of law when a party makes a timely request.” Rule 1-052(A) NMRA. The reasons for this requirement are to aid “the appellate court by placing before it the basis of the decision of the trial court; to require care on the part of the trial judge in . . . consideration and adjudic

In appellate cause number 01-07-00754-CV, appellants, Raymond Somers, derivatively on behalf of EGL, Inc., and Vivian Golombuski and Platinum PVA Fund, on behalf of themselves and all others similarly situated (the "Class"), challenge the trial court's order dismissing their breach of fiduciary duty claims against appellees, James R. Crane, Milton Carroll, James C. Flagg, Frank J. Hevrdejs, Paul W

Appellee Bertrand R. Love, the purchaser of a property located in Harris County, Texas, intervened in a lawsuit between appellant, Allon R. Hahn, individually and d/b/a Hahn's Gulf Service (collectively, "Hahn"), and Mid-Town Roofing and Construction, Inc. ("Mid-Town"), seeking to enjoin Hahn from carrying out an execution sale on the property to satisfy a judgment lien against a third-party, O'N

Plaintiff Trent Marion brought this action under 42 U.S.C. § 1983 against the City of Louisville, the City of Corydon, the City of New Albany, the County of Harrison, and several officers from those jurisdictions and from the Indiana State Police. He alleged that the law enforcement officers and government entities violated his Fourth Amendment rights by using excessive force against him in conne

Donald Campbell ("Donald") instituted this partition action against his two siblings, Mary Alice Richardson and Harvey Campbell, and his two nieces, Wendy Jordan and Elizabeth Langley ("the nieces"). After ruling that an in kind partition was appropriate, the special referee ordered that the real property be surveyed and subdivided. On appeal, the nieces claim the special referee erred in refusi

We are called upon today to revisit a case that we thought had gone to its eternal rest. The tale follows.

Nearly six years ago the district court entered judgment for the defendants in a civil action seeking to strike down, on constitutional grounds, a school transfer/student assignment policy (the Policy) that explicitly considers race as a determining factor in student placement

Appellants, Mosammat Lalila and Sajeda and 765 other individuals residing in Bangladesh (collectively "Lalila"), appeal the trial court's order granting the forum non conveniens motions in favor of appellees, Parker Drilling Company, Parker Drilling Company International Limited (collectively "Parker"), and GSM Consulting, Inc. ("GSM"), that results in dismissal of the suit. In its sole issue, Lal

The plaintiffs, Frederick Carrozza, Sr. (Frederick, Sr.), Phillip Carrozza, Freida Carrozza, and Laurie Carrozza-Conn (collectively plaintiffs) appeal from the Superior Court’s grant of a motion for summary judgment in favor of the defendants, Michael Voccola, in his capacity as executor of the Estate of Frederick Carrozza, Jr., Angela Giguere, and Christine Giguere-Carrozza (collectively defend

¶ 1. JOHNSON, J. Plaintiffs challenge the trial court’s denial of their request to unilaterally relocate a shoreline right-of-way held by defendants Lockwood and Claire Clark. According to plaintiffs, the Clarks hold an easement by necessity, rather than a prescriptive easement, and plaintiffs are entitled to move the Clarks’ easement to a location plaintiffs deem more convenien

Larry Ala appeals an order dismissing with prejudice, as barred by the statute of frauds, a two-count complaint he filed against Royce Chesser. We cannot agree that the statute of frauds precludes his claim seeking relief for unjust enrichment, and reverse the trial court’s dismissal of count one for that reason. We affirm the dismissal of count two seeking rescission and cancellation, however,

This appeal calls upon us to address the scope of the Rooker-Feldman1 doctrine, which provides that “lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments.” Lance v. Dennis, 546 U.S. 459, 463 (2006). The Supreme Court has only applied the Rooker-Feldman doctrine as a bar to jurisdiction on two occasions, the first instance being Rooker and t

This is a tale of two cases, one of which is before us in this appeal. The cases are six and eleven years old and together have generated more than twelve hundred docket entries in the district court. One case has been to the Supreme Court, where it was remanded back to us, and then we sent it along to the district court in 2004; the other one went to trial for two months in 2006. The two cases ha

Florida Family Policy Council, Inc. is a nonprofit organization that distributes questionnaires to judicial candidates in order to gather and publish their views on legal and political issues. Florida Family’s attempts to gather judicial candidates’ views, however, have been hampered in part by Canon 3E(1) and 3E(1)(f) of the Florida Code of Judicial Conduct. Those provisions address situation

The Sierra Club, along with two other conservation groups (for simplicity we refer only to the Sierra Club), challenges the Forest Service's approval of two forest resource management projects in the White Mountain National Forest ("Forest" or "WMNF"): the Than Forest Resource Management Project ("Than Project") and the Batchelder Brook Vegetation Management Project ("Batchelder Project"). The di

Applied Medical Resources Corporation (“Applied”) appeals the April 29, 2008 decision of the United States District Court for the Central District of California denying its motion for a new trial. For the reasons set forth below, we affirm.

I. BACKGROUND

A. The Asserted Patent

In 2003, Applied brought suit against United States Surgical Corporation and Tyco Healthcare G

Nihad Alshafie, on his own behalf and as guardian ad litem for his daughter Heba Alshafie, appeals from the judgment entered after his legal malpractice action was dismissed because Nihad,1 who lives out of state, failed to post an undertaking to secure an award of costs. Because the trial court failed to follow a procedure that ensured Nihad received a full and fair hearing on the question whethe