This matter comes on before the court on an appeal by Deanna Turner from an order of the district court entered March 30, 2005, dismissing her action against the Secretary of the United States Department of Housing and Urban Development ("HUD"). In this case Turner alleged that HUD failed to perform mandatory duties that the Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq., imposed on i

In this declaratory judgment action, plaintiff challenges the constitutionality of the procedure by which the voters adopted Article VII (Amended) of the Oregon Constitution in 1910. For the reasons that follow, we conclude that plaintiff may not challenge that procedure in this case. Accordingly, we affirm the circuit court's judgment in favor of defendant.

The issue arises in prosaic ci

Chase Manhattan brought this diversity suit against Moore to foreclose its mortgage on his home, order the home sold, and, if the proceeds of the sale were insufficient to satisfy Chase's debt, enter a deficiency judgment for the unpaid balance. Chase moved for sum-mary judgment, which the district judge denied. But on Chase's motion to reconsider, the judge, upon discovering that the do

Chase Manhattan brought this diversity suit against Moore to foreclose its mortgage on his home, order the home sold, and, if the proceeds of the sale were insufficient to satisfy Chase's debt, enter a deficiency judgment for the unpaid balance. Chase moved for sum-mary judgment, which the district judge denied. But on Chase's motion to reconsider, the judge, upon discovering that the do

This appeal by Michelle Hollida ("Wife") charges that the trial court erred when it dismissed a third-party petition she had filed against U.S. Bank Home Mortgage ("Bank") and the law firm of South & Associates, P.C. ("the Firm").(FN1) This court agrees; accordingly, the judgment of the trial court is reversed and the cause is remanded.(FN2)

FACTS

Originally, Wife was involved in dissol

After the district court1 granted summary judgment to Yellow Book USA, Inc., and Victoria Kreutz (now Victoria Hammon) on all of Tammy Powell's employmentrelated claims, she appealed. We affirm.

I.

Ms. Powell began her employment at Yellow Book as a data-entry processor. After an interview, Yellow Book promoted her to a financial service representative. In this new job she sat n

Plaintiff Raymond L. McIntosh appeals from the district court's grant of defendant Metropolitan Tulsa Transit Authority's (MTTA's) motion for summary judgment and denial of his motion to reconsider.(1) (No. 05-5097) MTTA cross-appeals from the district court's denial of its request for attorney's fees. (No. 05-5113) We review the district court's summary judgment decision de novo, applying the

In 1977, Warren Picillo, Sr. and his wife agreed to allow part of their pig farm in Coventry, Rhode Island ("Picillo site") to be used as a disposal site for drummed and bulk waste. Later that year, after thousands of barrels of hazardous waste replaced what pigs at one time called home, a monstrous explosion ripped through the Picillo site. The towering flames, lasting several days, brought th

Plaintiffs-Appellants Barbara Toomer and the Disabled Rights Action Committee (collectively, "DRAC") appeal from the district court's grant of summary judgment in favor of Defendants-Appellees City Cab Company, Inc., Ute Cab Company, Inc., and Yellow Cab Drivers Association Inc. (collectively, "Cab Companies"), arising from DRAC's claim that the Cab Companies operated in violation of Title III

On August 28, 1995, UNUM Life Insurance Company of America denied Dr. Paul Hofer's claim for disability benefits. He submitted a second claim on September 22, 2001, which was denied on December 31 of that year. On January 15, 2002, Dr. Hofer filed this diversity suit in the United States District Court for the District of Kansas. See 28 U.S.C. § 1332 (granting diversity jurisdiction). Six month

B.L. Brereton brought this complaint challenging a Bountiful City, Utah parking ordinance. The district court concluded that Mr. Brereton lacked standing to pursue the action. It dismissed Mr. Brereton's complaint with prejudice, denied his motion for new trial, and denied him leave to file a second amended complaint. On appeal, Mr. Brereton challenges the "with prejudice" aspect of the dismiss

In November 2004, plaintiff David Massey, as guardian of the estate of plaintiffs, Mikala and Mikal Price (twins, born in April 2000), filed a second-amended negligence complaint against defendants, Hickory Point Bank & Trust, Trust No. 0192; Macon County Title, LLC; Andrew Chiligiris; and Real Estate Managers, LLC. Specifically, plaintiffs alleged that while Mikala and Mikal were tenants in o

In this medical malpractice case, the determinative issue is whether summary judgment in favor of an agent bars the plaintiff's claim against the principal when the claim is that the principal is liable for the agent's actions on the basis of respondeat superior. We hold that it does. In doing so, we affirm that part of the court of appeals decision that affirmed the district court's grant of

This case began in 2003 when Plaintiff-Appellee Dominion Video Satellite, Inc. ("Dominion") claimed that Defendants-Appellants EchoStar Satellite Corporation and Echosphere Corporation (collectively, "EchoStar") were in breach of a lease agreement between the parties and sought to have the matter arbitrated as required by the agreement. After holding hearings on the dispute, the arbitration pa

Libby, Montana, sits sixty-five miles south of the Canadian border. The seemingly rustic and picturesque environment of this area masks a troubling history - the community has been plagued with asbestos-related contamination. In 1999, the Environmental Protection Agency ("EPA") was called in to address disturbing health reports due to asbestos-related contamination. We must decide wheth

Appellant, Deborah Dodge, appeals from a no-evidence summary judgment and traditional summary judgment granted in favor of appellees, Jean Durdin, Granger Durdin, Raymond Durdin, Magic Moments Inc. and Magic Moments Stables. Dodge claims that she sustained an injury when an untamed horse kicked her in the abdomen as she was administering oral deworming medication to the horse pursuant to direct

This case deals with the legal and constitutional sufficiency of the class action notice program under Fed. R. Civ. P. 23 and the Due Process Clause. Appellants are unnamed class plaintiffs in an action against Appellee Sprint Corporation. The class action concerns alleged instances of securities fraud surrounding Sprint's failed merger attempt with WorldCom, Inc. Appellants received notice of

This case involves a contract dispute over payment of royalties for a patented invention. The parties to the contract differed as to the meaning of a contractual term and, pursuant to the agreement, arbitrated their dispute. After a hearing, the arbitrator found for Defendant Gorelick and awarded $4.5 million. Plaintiff MACTEC, Inc. filed an application in district court to vacate the arbitrat

Plaintiffs appeal the district court's judgment of July 31, 2003, which, among other things, dismissed their second amended complaint for lack of subject matter jurisdiction. Plaintiffs do not contest the district court's judgment of dismissal; rather they challenge additional substantive rulings made by the district court. We conclude that once the district court determined it lacked jurisdict

Plaintiff Davis Shikles appeals from a district court order granting summary judgment to Defendant Sprint/United Management Company ("Sprint") in Shikles' lawsuit alleging that Sprint violated the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq., by denying him promotions and terminating him. (Aplt. App. at 12-13, 485, 510.) This appeal presents three important legal iss

This dispute arises out of a 1998 claim by a mentally disabled person, Jeremy Dymowski, against Rocky Mountain Job Opportunity Brigade (RMJOB), which had engaged him on a church clean-up crew. After he was injured at work, Mr. Dymowski, rather than bringing a workers' compensation claim, sued RMJOB in tort. Plaintiff Carolina Casualty Insurance Co. was RMJOB's general liability insurer. It set

This case reads like a manual on how not to litigate a contractual dispute in federal court authored by Baldwin Filters, Incorporated. Early in this controversy, Baldwin won a significant battle when the district court granted its motion for judgment on the pleadings. Baldwin eventually lost the war, however, when the district court issued its ruling on its motion that favored Analytical

Plaintiff David Ruskin, Standing Chapter 13 Trustee for the Eastern District of Michigan ("Trustee"), appeals the district court's decision in favor of DaimlerChrysler Services North America, L.L.C. ("DaimlerChrysler"), in the Trustee's appeal from a decision of the bankruptcy court. The Chapter 13 debtor, Matthew Adkins, had defaulted on his car payments, and DaimlerChrysler, holder of a c

On 9 April 2002, plaintiff Trooper Reginald Newberne filed suit against the named institutional and individual defendants, alleging that he was wrongfully terminated from his employment as a law enforcement officer with the State Highway Patrol in violation of the North Carolina Whistleblower Act, N.C.G.S. § 126-84 to -88. Defendants filed a motion to dismiss pursuant to Rule 12(b)(6) of the No

Plaintiff Halima Abdullahi, mother of a man who died during (or shortly after) defendant police officers' attempts to subdue and arrest him, brought a Fourth Amendment Claim against the City of Madison and the police officers involved, alleging that one of the officers used excessive force during the arrest and that the other officers failed to intervene. The district court granted defend