This is the case of the floundering foundations. In October 2001, the Haires purchased a home at 6202 Snow Ridge Court in the Hunter Pointe subdivision of Arlington. The Haires bought the residence in "as is" condition from Prudential Relocation. Sovereign Homes Corporation ("Sovereign") built the residence in question. NWC was the developer of the subdivision and according to NWC, it had n

The United States Fish and Wildlife Service (FWS) has listed a "distinct population segment" (DPS) of Canada Lynx as "threatened" under the Endangered Species Act (ESA), 16 U.S.C. §§ 1531-44. See Determination of Threatened Status for the Contiguous U.S. Distinct Population Segment of the Canada Lynx and Related Rule, 65 Fed. Reg. 16052 (March 24, 2000) (Final Rule), clarified by Notice o

Robert Harris was an inmate at the jail of Summit County, Colorado, in 1998. He brought a civil-rights action seeking compensatory and punitive damages from officials at the jail and from Summit County. Among his claims was that Captain Monte Gore violated his Eighth Amendment right to be free from cruel and unusual punishment. He contends that his right eye was injured by pepper foam during h

Plaintiff-Appellant US Fax Law Center, Inc. and Plaintiff-Appellant Consumer Crusade, Inc. (collectively "Plaintiffs") filed six separate lawsuits in federal district court seeking damages for unsolicited faxes under the Telephone Consumer Protection Act (TCPA). In different orders issued by different judges, all six suits were dismissed based on lack of jurisdiction, lack of standing, or bot

Dos Republicas Resources Co., Inc. ("Dos Republicas") asked the Railroad Commission of Texas (the "Commission") to extend its surface coal mining permit under the provisions of the Texas Surface Coal Mining and Reclamation Act codified in the natural resources code, but Theodosia Coppock, Juanita Alvarado, Guadalupe Davila, and Kickapoo Traditional Tribe of Texas (the "appellees") opposed the e

P.N., plaintiff-appellant, filed an action under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., to recover attorneys' fees incurred in resolving a conflict with the Seattle School District ("SSD") over her child's education. The conflict was resolved by a settlement agreement signed only by the parties. The district court held that P.N. was not a pre

[1] After a bench trial, the district court ruled in favor of Lucerne Canal and Power Company in a quiet title action that developed out of a festering easement dispute with Thomas L. Wilson and Helen L. Wilson. We affirm in part and reverse in part, and remand for further proceedings consistent herewith.

ISSUES

[2] 1. Are the Wilsons‘ claims barred by the doctrine of res judicat

[1.] After the circuit court dismissed William Rotenberger's (Rotenberger) action against Lex Burghduff (Burghduff) for lack of prosecution, Rotenberger brought the same action thirteen months later. Burghduff alleged the action was barred by res judicata and collateral estoppel. Rotenberger proceeded to bring a motion to vacate the order of dismissal, which the circuit court granted. The circu

[1.] This decision consolidates two separate appeals from two different cases in adjoining counties. The cases were considered by different circuit court judges and arose from a single car accident. A Meade County case involving Jerity Krambeck's (Krambeck) insurance carrier was settled and dismissed with prejudice. When counsel for a Butte County case brought by Krambeck moved to set aside tha

Kenneth Keith filed a sixth application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("the Act"), in June of 1993, alleging that he had been disabled under the Act since March 10, 1977, due to his back problems and postpolio impairments. After a hearing, the administrative law judge ("ALJ") determined that Keith was not disabled at any time prior to

A.R., by her next friends M.R. and W.R., and M.R. and W.R., on their own behalf (collectively "A.R."), have appealed from the order of the Fayette Circuit Court entered on July 22, 2004, which dismissed all claims against the appellees, the Fayette County Public Schools (FCPS), the Board of Education of Fayette County (the Board), Michael Brady, and Earl Stivers.3 Having concluded that the

El Paso Production Co., CMV Joint Venture, and CDX Minerals, LLC (collectively "El Paso") appeal the judgment rendered in favor of GeoMet, Inc. The trial court determined that a preferential right to purchase in an oil and gas joint operating agreement did not apply to the sale of GeoMet's overriding royalty interest, and the trial court granted GeoMet's motion for summary judgment and denied E

Paul Atkinson claims that certain companies conspired to and did defraud the United States Navy in connection with a contract to build oil tankers. Atkinson brought a qui tam action1 under the False Claims Act ("FCA" or "the Act"), 31 U.S.C. §§ 3729-33,2 alleging both false claims and "reverse" false claims.

Following submission of the Third Amended Complaint, the District Court dis

Circuit Judge. This case involves a federal takings claim arising from the City of Rittman's operation of water wells that allegedly caused damage to plaintiffs. In our initial review of the district court's judgment, we requested that the Supreme Court of Ohio answer an important question of first impression involving a property owner's interest in the groundwater beneath his property. T

1 A single dispositive issue is presented on appeal: whether the affidavit of merit1 requirement of 63 O.S. Supp. 2003 §1-1708.1E2 is constitutional. We determine that the statute is an unconstitutional special law prohibited by the Oklahoma Constitution art. 5, §46.3 Furthermore, we hold that the requirement that a medical malpractice claimant obtain a professional's opinion that the cause is mer

This Title VII employment discrimination case involves three consolidated appeals. (1) In appeal number 05-1294, from which the other two appeals stem, Mark Howard, a white male, challenges the district court's May 20, 2005, review of the magistrate judge's denial of his motion to amend his complaint to add additional claims against Las Animas County. He also challenges the court's grant of sum

Plaintiff Mary J. Perkins appeals the district court's order granting summary judgment to defendant Susan B. Allen Memorial Hospital due to the plaintiff's decision not to present expert testimony to establish the applicable standard of care. We affirm in part, reverse in part, and remand for further proceedings.

On February 20, 2003, the plaintiff went to Susan B. Allen Memorial Hospit

The district judge, after barring the plaintiffs' expert from testifying, dismissed this diversity personal-injury suit (the substantive issues in which are governed by Wisconsin law) on the ground that without expert testimony the plaintiffs could not prove their case.

Before reviewing that ruling, we remark the confusion in the parties' briefs concerning the elements of the diversi

Plaintiffs Sergio Alva and his parents, Luz and Silvio Alva, appeal from the district court's grant of summary judgment to Defendants Teen Help, World Wide Association of Speciality Programs, R&B Billing, Dixie Contract Services, Robert Lichfield, Karr Farnsworth and Brent Facer (Defendants).(1) Because Plaintiffs' notice of appeal is untimely, we dismiss this appeal for lack of jurisdiction.

Corporations Code section 15634 gives a limited partner the right to inspect the partnership's books and records.1 General partners, a limited partnership and a limited partner enter into a settlement agreement concerning a dispute involving section 15634. The settlement is merged into the judgment. The trial court denies a motion for attorney fees incurred to enforce the judgment pursuant

Plaintiff-Appellant Kelly Hackworth appeals from the district court's grant of summary judgment in favor of Defendants-Appellees Progressive Casualty Insurance Company and Jerry Johnson (collectively "Progressive") on her claim for damages pursuant to the Family and Medical Leave Act ("FMLA"), 29 U.S.C. 2601-2654. Ms. Hackworth challenges deference to a Department of Labor ("DOL") regulation de

Since the Supreme Court's decision in Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101 (1989), federal courts have reviewed an ERISA health plan's denial of benefits for arbitrariness and capriciousness, so long as the plan explicitly grants discretionary authority to an administrator or other fiduciary to render benefit decisions. Now we are called upon to decide whether a fiduciary's deci

Indianapolis Life Insurance Co. brought a diversity action against Rosalind Herman, in her capacity as trustee of Financial Resources Network, Inc. Profit Sharing Plan and Trust, Financial Resources Network, Inc. Profit Sharing Plan and Trust, Gregg D. Caplitz (collectively the FRN defendants), and Rudy and Hope Meiselman seeking a declaratory judgment that it properly rescinded a "second to

In Dragon v. Vanguard Industries, Inc., 277 Kan. 776, 89 P.3d 908 (2004) (Dragon I), this court reversed a class certification order for plaintiffs seeking damages by reason of allegedly defective pipe manufactured by the defendants Vanguard Industries, Inc., et al. We remanded with directions for further findings concerning the prerequisites of class certification. The case is now before us

[1] Ron Bixler and Oro Management, L.L.C. ("Oro") owned 1700 acres of land near Atlantic City, Wyoming, ("the Atlantic City property") as tenants in common. After seeking a partition of the land and agreeing with Oro to a partition procedure that differs from the statutory procedure, Bixler failed to perform the agreed-upon steps to effectuate the division. The district court, therefore, enforced