In this action to enforce a New York judgment, EnviroPower, L.L.C., appellant, complains of the trial court's orders denying its motion for new trial, motion to vacate, and motion to stay enforcement of the judgment. In three issues, EnviroPower contends that (1) it is entitled to a stay of enforcement because the New York judgment against it is subject to modification on appeal by the New York ap

This case came before the Supreme Court on December 10, 2007, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda submitted by the parties, we are of the opinion that cause has not been shown. Accordingly, we shall decide the appeal without f

From the perspective of appellant Rodney White, these proceedings must seem Kafkaesque. Donald Bletz, Sr. and Bruce Van Guilder ("defendants") appear to have repeatedly ignored his deeded right of first refusal while plaintiffs were somehow able to extinguish it despite the fact that they raised no claim against White in their complaint, they were not parties to his deed, and they had constructiv

1 Plaintiff/Appellant Lisa K. Jones, individually, as Administratrix of the Estate of Michael W. Jones, Deceased, and as parent and next friend to the minor children, Steven Jones, Amanda Jones, and Michelle Jones (individually, by name, or collectively, Plaintiffs) seeks review of the trial court's order granting the motions to dismiss of Defendants/Appellees Integris Baptist Medical Center, an O

The plaintiffs in this employment discrimination case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, are seven employees and two former employees of Coca-Cola Bottling Co. Consolidated ("CCBCC"). In their complaint, they allege that CCBCC is maintaining a "pattern or practice" of discrimination against them and all other similarly sit

This appeal concerns an application to demolish a building located in downtown Fresno and expand a parking lot onto the cleared land. The building is one of two nearly identical 90-year-old apartment buildings located next to one another. After receiving the site plans, the City of Fresno (City) (1) decided not to list either building in the local register of historic resources, (2) rejected a

Our question is whether a private company contracting with a district attorney for services related to a diversion program is entitled to state sovereign immunity. We decide that it is not.

I.

American Corrective Counseling Services ("ACCS"), a private corporation, contracted with the District Attorney for Santa Clara County, California, (the "DA") to run a bad check diversion pr

At what all surely must hope is the conclusion of this long running litigation, we must address an issue of some importance under Federal Rule of Appellate Procedure 37(b) relating to the award of post-judgment interest to the plaintiffsappellees on the punitive damages judgment they obtained against the defendants-appellants. This is a cautionary tale for all whose judgments on appeal are s

Karl E. Gary, and other owners of burial plots in Braddock Cemetery (collectively, "Plaintiffs"), appeal the district court's dismissal of the action they brought under 42 U.S.C. § 1983 against Braddock Cemetery, Consol Energy, and Consol Pennsylvania Coal Company (collectively, "Defendants"). The district court dismissed that suit after concluding that it lacked subject matter jurisdiction

Kimberly Alderfer filed a civil rights complaint against her former employer, the Board of Trustees of Edwards County Hospital and Healthcare Center (the Board), alleging she was terminated in breach of her employment agreement and in violation of her due process rights. The district court granted the Board's motion for summary judgment, concluding the Board lacked the authority under Kansas

Victor Ziegler, Sr., appeals following the district court's adverse judgment in his action brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Veterans Employment Opportunities Act (VEOA), and the Age Discrimination in Employment Act (ADEA). We affirm in part and reverse in part.

We conclude dismissal was proper as to Ziegler's USERRA and VEOA claims,

Plaintiff-Appellant Richard Earle appeals the district court's decision affirming an arbitration award in favor of Defendant-Appellee NetJets Aviation Inc. ("NetJets"). Earle had grieved NetJets' termination of his employment, as well as the suspension that preceded his termination. Both grievances were submitted to arbitration, and the arbitrator denied both grievances. Earle contends that th

Appellant appeals from the September 27, 2006 decision and order of the district court dismissing his complaint as barred by claim preclusion, as time-barred, and for failure to state a claim. We assume the parties' familiarity with the facts and proceedings below.

We review de novo the district court's decisions as to claim preclusion, the statute of limitations, and dismissal for failur

Defendants-Appellants, Allshore, Inc. Employee Benefit Plan ("Allshore Plan") and Allshore, Inc., appeal from the District Court's grant of summary judgment in favor of Plaintiff- Appellee, Hahnemann University Hospital ("Hahnemann"). The Appellants also appeal the District Court's order granting Hahnemann's motion for attorney's fees and costs. For the following reasons, we will affirm the

Katelyn Andrews ("Katelyn") was injured at birth. Katelyn, through her Guardian ad Litem, brought suit against her doctors and the hospital at which she was delivered for medical malpractice. Katelyn's parents also brought suit against the same parties and on the same allegations in their individual capacities, with an additional claim of negligent infliction of emotional distress. Katelyn and her

Randy Silver (Homeowner) brought an action against Aabstract Pools and Spas, Inc. (Contractor) for breach of contract and conversion. Contractor asserted affirmative defenses and counterclaimed for breach of contract and attorneys' fees. With the consent of the parties, the circuit court referred the matter to the Master-in-Equity who concluded the payment provisions of the contract were ambiguo

Masteneh Ahmadi-Kashani appeals from a judgment entered against her after the court granted a motion for summary judgment. Ahmadi-Kashani sued her employer, The Regents of the University of California, and her supervisor, Mani Vannan, M.D. (collectively the Regents), alleging sexual harassment in violation of the Fair Employment and Housing Act (FEHA). The court granted the summary judgment af

The plaintiff sued the postal service in December 2004 charging sex discrimination in the form of sexual harassment, in violation of Title VII. The complaint alleged that coworkers made sexually offensive comments to her and also touched her in sexually offensive ways and that management refused despite her complaints to act against the harassment. She asked for damages and an injunction. T

On March 30, 1999, plaintiffs, George Hudson, Sr., on behalf of the estate of his deceased son, George Hudson, Jr., and Ednarine Hudson, individually and as mother and next friend of Ronita Milton, filed suit against the City of Chicago, former Chicago Fire Commissioner Edward P. Altman, and unknown Chicago fire department personnel. Count I of plaintiffs' complaint alleged negligence, and c

Ammonia Master Refrigeration Ltd. (hereinafter, "Ammonia Master") appeals from the trial court's judgment granting St. Louis Mills Limited Partnership's (hereinafter, "the Mills") motion for judgment on the pleadings with respect to Ammonia Master's four count petition in intervention. Ammonia Master raises five points on appeal, arguing the trial court erred in entering judgment on the pleadings

1 Arizona law imposes certain restrictions on a property owner's right to extract "percolating" groundwater and transport it for use elsewhere. Our issue is whether the law permits an owner that conveys real property to another to reserve for itself whatever commercial groundwater rights might be associated with the property. We hold the law permits such a reservation and reverse the superior

1 Appellant, Jeff Buechler, appeals the trial court's denial of his petition to seal and/or expunge his arrest record. In view of the decision in Knight v. State, 2002 OK CR 19, 46 P.3d 158, the trial court ruled Buechler's petition for expungement barred by res judicata. We disagree. We find Buechler's allegations and evidence of a change of circumstances since the denial of his first expung

1 Appellant, Taleeta Carter, was tried by jury in the District Court of Lincoln County, Case Number CF-2004-203, before the Honorable Paul M. Vassar, and convicted of Conspiracy to Traffic Methamphetamine (Count I) in violation of 63 O.S.2001, § 2-408; and Unlawful Use of Communication Facility to Facilitate a Felony (Count II) in violation of 13 O.S.Supp.2003, § 176.3(8). The jury set puni

Defendant-Appellant Dana Corporation appeals from an order of the district court granting summary judgment to Plaintiff-Appellee International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (the "UAW"). In 1999, the UAW filed a claim in federal district court against Dana pursuant to § 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a), t

BMC Resources, Inc. (BMC) appeals the district court's decision on summary judgment that Paymentech, L.P. (Paymentech) does not infringe asserted claims from two patents owned by BMC. The court determined that Paymentech had not infringed the claims because it performed some but not all of the steps of the asserted method claims. Because the record contains no basis to hold Paymentech vicario