This secondary appeal by Appellant-Appellee/ Cross-Appellee E & J Lounge Operating Company, Inc. (E&J) from the denial of a liquor dispenser general license (liquor license) raises two issues: (1) whether Appellee-Appellant/Cross-Appellee Liquor Commission of the City and County of Honolulu (the Commission) was required to hold a "contested case" hearing in accordance with Hawaii Revised Stat

Four employees of a petroleum transportation company sought to bring a wage and hour class action against their employer, alleging: (1) the failure to pay overtime; (2) the requirement of off-the-clock work; (3) the failure to provide meal and rest breaks; (4) the incorrect calculation of vacation pay; and (5) the failure to pay pro rata vacation pay upon termination of employment. The pl

Plaintiff-Appellant David Earl Shero appeals from the district court's grant of qualified immunity to Defendants-Appellees Dorothy Parker (city attorney), William Galletly (city manager), and Ivonne Buzzard (city clerk) (collectively "City employees"). He also appeals from the grant of summary judgment in favor of Defendant-Appellee City of Grove, Oklahoma ("the City"). The district court

The Center for Native Ecosystems, the Biodiversity Conservation Alliance, and the Forest Guardians (collectively CNE) appeal the district court's order denying a petition for review of the United States Forest Service's authorization of livestock grazing in Medicine Bow National Forest. CNE first contends that the Forest Service violated § 7(a)(2) of the Endangered Species Act, 16 U.S.C.

The trial court dismissed without prejudice the wrongful death action filed by petitioners (the Snyders).1 It did so because they failed to comply with Los Angeles Superior Court Second Amended General Order 29 (General Order 29) by identifying witnesses or documents connecting the real party in interest Caterpillar, Inc. (Caterpillar) to the asbestos-related death of Gail Richard Snyder,

Global Horizons, Inc., Global Horizons Manpower, Inc., and Mordechai Orian (collectively, Global Horizons) appeal from the district court's denial of their request entitled "ex parte Application for Temporary and Preliminary Restraining Orders Staying the Effective Date of Administrative Action." We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1), and we affirm.

I

Globa

An insurer and its insured, a homeowners association, settled disputed claims arising from the Northridge earthquake, with the insurer paying $1.5 million and the insured releasing the insurer from all claims or causes of action it had or may have arising out of its earthquake claim. Two years later, the association sued the insurer, and still later discovered the limits of its insurance

In this appeal we must decide whether the district court erred when it sustained a motion to dismiss. Our court of appeals reversed the district court's ruling, and on further review we agree the district court improperly sustained the motion to dismiss. Accordingly, we affirm the decision of the court of appeals, reverse the judgment of the district court, and remand the case for furthe

Christopher Barker appeals the trial court's determination of the amount of attorney fees to which he is entitled in connection with his lawsuit against the City of West Lafayette and Officer Adam Ferguson of the West Lafayette Police Department (collectively "the City"). We reverse and remand.

Issue

The sole restated issue is whether the trial court applied the correct legal stan

Judith Dallman appeals the trial court's grant of summary judgment to Brent R. McIntosh, M.D., on her medical malpractice claim. Dallman raises one issue, which we restate as whether the trial court erred by granting Dr. McIntosh's motion for summary judgment. Dr. McIntosh raises one issue on cross appeal, which we restate as whether the trial court erred by denying his motion to strike Dallm

In 2002 and 2003, defendant, Rosemont Exposition Services, Inc. (RES), maintained liability insurance policies with plaintiff, West Bend Mutual Insurance Company (West Bend). In August of 2003, after two former employees brought suit against RES for defamation and retaliatory discharge, RES tendered a claim for coverage to West Bend pursuant to its policies. West Bend agreed to defend RES

This is a suit for attorney fees and punitive damages incurred in seeking legal enforcement of a contractual covenant not to compete. In a prior action filed in Missouri in 2001, plaintiffappellant, Cambridge Engineering, Inc. (Cambridge), prevailed in a suit to enjoin former employee Gregory Deger from engaging in certain sales-related activities for his new employer, Mercury Partners 90

In this contractual indemnity case, Reece Albert, Inc. ("Reece") and Contractor's Service Company ("CSC") filed cross-motions for summary judgment. In two issues, Reece appeals the trial court's grant of CSC's motion and contends that (1) the trial court erred in ruling that the parties' indemnity agreement is ambiguous, and, thus, unenforceable, and (2) the words omitted from the "trigger" por

The Clery Act, 20 U.S.C. § 1092(f) (the Act), requires colleges and universities that participate in federal financial aid programs to notify their constituent communities of certain reported crimes. This case requires us to construe, for the first time at the federal appellate level, the Act's notification requirements. After analyzing the language and purpose of the Act, charting the dimensio

Appellants the Sierra Club and the Sierra Nevada Forest Protection Campaign (collectively, "Sierra Club") appeal the district court's summary judgment in favor of the United States Forest Service and Department of Agriculture (collectively, "Forest Service"), in their action alleging that the defendants violated the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321-4370f. Th

SpeedNet, LLC, appeals an order of the district court1 entered in favor of PCTV Gold, Inc. (Sprint), a subsidiary of Sprint-Nextel Corporation. The order preliminarily enjoins SpeedNet from:

(1) closing upon, transferring assets in furtherance of, or completing any portion of the transaction envisioned in the Purchase Agreement between SpeedNet and Clearwire2 ;

(2) executing o

In this suit for personal injury, governed by Illinois law, the district judge granted summary judgment in favor of the defendant, and the plaintiff appeals. Federal jurisdiction is based on diversity of citizenship, though we were able to ascertain this only by directing the parties to file supplemental jurisdictional memoranda; for the jurisdictional statement in the plaintiff's openin

Weingarten Realty Investors sued Amirali M. Narsi for breach of a lease. After a bench trial, the trial court found that the lease was ambiguous and issued a final judgment in favor of Weingarten. Footnote

On appeal, Narsi argues that the final judgment was improper because (1) the trial court misconstrued the plain language of the Original Lease, Renewal Agreement, and Lease As

This appeal requires us to clarify the nature of the constitutional and statutory protections enjoyed by religious assemblies against governmental interference in the form of land-use regulations. The plaintiff/appellants are the Lighthouse Institute for Evangelism, which describes itself as "a Christian church that seeks to minister to the poor and disadvantaged in downtown Long Branch,

Plaintiff-Appellant Thomas W. Cash appeals the district court's grant of summary judgment to his former employer, Defendant-Appellee Cycle Craft Company, Inc., d/b/a Harley-Davidson/Buell of Boston ("Boston Harley"). Cash contends Boston Harley failed to pay him overtime at the proper rate in violation of both the Fair Labor Standards Act, 29 U.S.C. §§ 210–19 (2004), and the Massachusetts Minim

In these two consolidated appeals we consider whether a plaintiff who has alleged no injury to himself has standing to bring suit under the Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(3)(A). Because we conclude that the suit authorized by the statute is a private cause of action, which requires the plaintiff to have standing in his own right, rather than a qui tam statute, which

The plaintiff appeals from the dismissal of his suit, which the district court held was outside its jurisdiction. The complaint alleged that an Illinois state court had appointed a guardian for the plaintiff's mother because she was incompetent to manage her own affairs, and that the plaintiff had asked the court to revoke the guardianship because the guardian was abusing his mother, ref

Defendant, Merisel Properties, Inc., appeals from entry of judgment and from the denial of pretrial and posttrial motions. We affirm.

Merisel Americas, Inc., is a computer hardware and software company with an office in Cary, North Carolina (the Cary facility). Plaintiff Nathan Cameron (Cameron) worked at the Cary facility,which had a history of leaks and dampness, between December

The Appellants herein and defendants below, A.T. Massey Coal Company, Inc., and various of its subsidiaries, appeal from a March 15, 2005, order entered in the Circuit Court of Boone County, which denied their post-judgment motions for judgment as a matter of law, a new trial, or remittitur, in response to the entry of a judgment of more than $50 million in favor of the appellees herein, and

1 Rebekah Munson's counsel provided to an expert witness two documents he had previously submitted to a medical malpractice prelitigation panel. The question presented on appeal is whether this act violated Utah Code section 78-14-12(1)(d) (2002), which imposes confidentiality requirements on proceedings before such panels. We hold that it did not. Because Munson's counsel had independent