[1] Richard B. Osborn appeals a decision of the district court ordering him to remove "all junk and debris" placed by him along an access easement he holds over the land of Russell Kilts. Osborn claims that he owns the access road and can properly exclude Kilts, and also that he has the right to maintain his road as he sees fit. Finding no merit in this appeal, we affirm and award costs to Kilt

Defendant Wyeth, a drug manufacturer, appeals from a jury verdict in favor of plaintiff Diana Levine, who suffered severe injury and the amputation of her arm as a result of being injected with defendant's drug Phenergan. Plaintiff claimed at trial that defendant was negligent and failed to provide adequate warnings of the known dangers of injecting Phenergan directly into a pat

John Quinby (Decedent), a quadriplegic, suffered injures, which allegedly eventually resulted in his death, when he fell from an examination table while unattended after a minor operative procedure performed by Dr. Charles Burmeister, assisted by Millie Welsh (Nurse Welsh), in the offices of Plumsteadville Family Practice.1 In the subsequent medical malpractice action filed by his widow and

Petitioners, Sooner State Optical, Inc., and CompSource Oklahoma (collectively, Employer), seek review of an order by a three-judge panel of the workers' compensation court modifying and affirming a workers' compensation trial court order granting a request by Claimant, Wayne Blackburn, to reopen for change of condition for the worse. For the following reasons, we sustain the panel's order. <

Plaintiffs, Sonia DeLuna, Susanna DeLuna, Griselda DeLuna, and Oscar DeLuna, filed a legal malpractice action in the circuit court of Cook County against defendants, Eloy Burciaga, Barbara Clinite, and Michael Rathsack. Defendants moved to dismiss plaintiffs' fourth amended complaint, arguing that plaintiffs' suit was foreclosed by the applicable statute of repose. The circuit court granted def

Plaintiff, a former teacher/coach in the defendant school district, appeals from an order of the magistrate judge(1) granting summary judgment for the school district and dismissing his employment discrimination action as untimely. On de novo review, see Boyer v. Cordant Technologies, Inc., 316 F.3d 1137, 1138 (10th Cir. 2003), we affirm for the reasons discussed below.(2)

Plaintiff is a

Plaintiff-Appellant Dr. John's, Inc. ("Dr. John's") operates stores that sell, among other things, a range of "adult" products. After Dr. John's located a store within its city limits, Defendant-Appellee Roy City ("Roy City" or "City") passed an ordinance subjecting "sexually oriented businesses" to certain regulations. Dr. John's challenged this ordinance on a variety of constitutional ground

{1} This case explores the res judicata and collateral estoppel effects of the dismissal of a federal lawsuit on subsequent state court proceedings. Plaintiff originally sued her former employer, Danka Corporation, Inc., in the United States District Court for the District of New Mexico for sex discrimination in violation of Title VII, 42 U.S.C. §§ 2000e-2, 2000e-3 (2000), and in violation

1 Petitioners, Sooner State Optical, Inc., and CompSource Oklahoma (collectively, Employer), seek review of an order by a three-judge panel of the workers' compensation court modifying and affirming a workers' compensation trial court order granting a request by Claimant, Wayne Blackburn, to reopen for change of condition for the worse. For the following reasons, we sustain the panel's order.

Plaintiff R.M.D. Corporation (RMD) appeals the district court's dismissal of its claims against Caliber One Indemnity Company (Caliber One). RMD alleges that Caliber One wrongfully denied RMD's insurance claim to recover damages resulting from a fire at a restaurant which floated on a barge. The single issue on appeal is whether RMD's claim was precluded by a contract term that excluded cov

This appeal challenges the district court's jurisdiction to resolve a dispute between the defendant, Engle, and the law firm, Foley & Lardner, that represented him in a suit charging Engle and others with unlawful acts that included violations of RICO. Several years into the case the parties agreed to settle it and so advised the court. In February of 2004 the court ordered the suit "dism

On February 25, 2002, appellant and his wife, Ava Robinson1, filed a complaint in federal district court against the City of Oakland (City), its police department, police chief, city manager and unnamed police officers, designated as Does 1-100. The complaint alleged causes of action for violation of civil rights (42 U.S.C. §§ 1981, 1983), false arrest and imprisonment, battery, trespass to

Bovy Hem first entered this country as a Cambodian refugee in 1981 and has been a legal resident ever since. In 1990, Hem was involved in a car accident which left him a paraplegic. Four years later, he was convicted of assaulting a police officer when he refused to let go of a traffic sign and grabbed the officer's shirt, tearing it as he fell from his wheelchair to the ground. In 1999, the Im

Harvey Barnett, Inc. and Infant Swimming Research, Inc. (collectively "ISR") filed a complaint against former employees Judy Heumann, Ann Shidler, and Alison Geerdes, asserting, among other claims, that the employees misappropriated ISR's trade secrets and breached a license agreement which contained a covenant not to compete and a confidentiality provision. In a prior appeal, this court affirm

1 Appellant presents two questions of law for certiorari review: 1) Is an oil and gas lessee subject to liability for malicious prosecution for seeking an injunction against the surface owner who interferes with lessee's entry upon the land at a specific location? and 2) Is a defendant entitled to present closing argument on the amount of punitive damages in the second stage of a jury trial eve

This is a consolidated appeal from a judgment that denied Healthcare Services of the Ozarks, Inc., d/b/a Oxford Healthcare (Oxford) recovery of damages on breach of contract claims in separate actions brought against former employees Pearl Walker Copeland and LuAnn Helms. The judgment, however, granted Oxford injunctive relief to enforce covenants not to compete executed by Copeland and Helms.

Velma Carr brought this survival action for the negligent nursing home care and treatment of her husband, seeking damages against the nursing home, Heritage Geriatric Housing Development VIII, Inc. d/b/a Heritage Sam Houston Gardens ("Houston Gardens"), the nursing home's parent corporation, Heritage Housing Development, Inc. f/k/a Heritage Geriatric Housing Development, Inc. ("HHD"), and an ad

Bob and Susan Burrell ("the Burrells") filed this action against the Santa Ana Pueblo ("the Pueblo"), a federally recognized Indian tribe; Leonard Armijo, Governor of the Pueblo; Lawrence Montoya, Lieutenant Governor of the Pueblo; Nathan Tsosie, Tribal Administrator of the Pueblo; and Jerry Kinsman, Farm Administrator of the Pueblo, for violations of their civil rights pursuant to 42 U.S.C. §

This appeal arises out of the efforts of Salt Lake Tribune Publishing Company ("Tribune Publishing") to reacquire The Salt Lake Tribune newspaper. An appraisal from Management Planning, Inc., ("MPI"), which valued the assets of The Salt Lake Tribune, is at the center of the present controversy. Tribune Publishing appeals the district court's dismissal of its complaint pursuant to Rule 12(b)(6)

Laura Saurini appeals from an adverse judgment following a jury trial on her claim that her former employer, Adams County School District No. 12 (the School District), and Mark Hinson, Assistant Superintendent of Human Resources, retaliated against her for exercising her First Amendment right to free speech. She argues that the district court committed reversible error in instructing the jury,

In this appeal, we consider whether the trial court erred in granting an employer's motion for summary judgment in a medical negligence action. Specifically, we consider whether the dismissal "with prejudice" of claims against a physician barred claims against his employer, when the claims were wholly based on the alleged negligence of the physician.

Background

The material facts

This case arises from the Third District Court of Appeal's reversal of a final
judgment entered in a smokers' class action lawsuit that sought damages against
cigarette companies and industry organizations for alleged smoking-related
injuries. See Liggett Group, Inc. v. Engle, 853 So. 2d 434 (Fla. 3d DCA 2003)
(hereinafter "Engle II"). The final judgment awarded $12.7 million in

[1] Patrons Oxford Insurance Company appeals from a judgment entered in the Superior Court (Penobscot County, Mead, J.) declaring that (1) Preston A. Harris is an insured under an automobile policy issued by Patrons to David Ferguson; (2) Patrons is bound by a settlement agreement entered into between Harris and Darrell Luce Jr.; and (3) Luce could reach and apply against Patrons a judgment fo

We hold that when a trial court judgment decides a case on two alternate grounds, and the appellate court affirms based on one ground, the judgment is binding under principles of res judicata and collateral estoppel only on the ground addressed by the appellate court. In so holding, we decline to follow People v. Skidmore (1865) 27 Cal. 287 (Skidmore) because subsequent developments in Ca

The Texas Open Beaches Act ("OBA") was passed in order to protect the public's right for "free and unrestricted" access to state-owned beaches. TEX.NAT.RES.CODEANN. § 61.011(a). The OBAsafeguards the public's common law easement for access to the "public beach" - defined by the OBAas consisting of the area between the line of vegetation and the mean low tide line. § 61.001(8). Due to shifts of