Appellant, Decker, Vonau, Sybert, & Lackey, Co., L.P.A. ("Decker"), provided prepetition legal services to the Debtor, Simms Construction Services Co., Inc. ("Simms Construction"). Decker received payment for those services from the proceeds of an arbitration award during the ninety days preceding Simms Construction's bankruptcy filing. Harold A. Corzin, plaintiff-appellee, sued Decker assert

This is a case of a suitor scorned. Plaintiff-appellant Alternative System Concepts, Inc. (ASC) courted Language for Design Automation, Inc. (LEDA) and forged a short-term distribution relationship. As the couple moved toward a more durable bond, defendant-appellee Synopsys, Inc. acquired LEDA and dashed ASC's hopes.

The jilted suitor responded aggressively, haling Synopsys into court and

The principal parties to this dispute are a homeowners' association and a homeowner. Their quarrel, which began over a basketball hoop and a parking space, has resulted in at least four separate actions, with an intimation of more to come. At a loss as to why so little has generated so much conflict, we can only surmise that we are in the middle of what may be the litigatory equivalent

This appeal, presenting issues of contract law and appellate jurisdiction, arises out of the sale of a business. The principal plaintiffs in the district court, David Laird and Scott Baker, previously owned and operated eight health and fitness centers in New England doing business under several names (e.g., "Planet Fitness"; "Fit Tech"). On April 19, 2002, Laird and Baker executed an "Asset Pu

Appealing from an adverse judgment of the district court, the parents of Andrew S., a disabled child who is attending a Catholic elementary school, assert that the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-87, is unconstitutional as applied to their son. While he, like other disabled children who go to private schools, receives some educational services under federal

Mary Jo Cone ("Appellant") appeals from an order entered in a modification of child support proceeding filed by her former husband, Richard Grant Kenney ("Respondent"). Appellant contends that the trial court erred in terminating Respondent's obligation to make monthly payments into an account governed by the Uniform Transfer to Minors Act ("UTMA"). (FN1) We agree and reverse.

Following App

Petitioner Crestview Parke Care Center ("Crestview"), a skilled nursing facility, appeals an order holding Crestview responsible for a $27,600 civil money penalty ("penalty"). Following several inspections of Crestview's Cincinnati facility in 1999, Respondent Centers for Medicare and Medicaid Services ("CMS") determined that Crestview violated several regulations and levied a penalty against C

It is rare that a trip to the hair salon leads to a date in federal appellate court, but that was the unfortunate sequel to Deborah Petersen's hair appointment at the Mario Tricoci Salon in Bloomingdale's Stratford Square Mall on June 13, 1995. Ms. Petersen, a regular customer of the salon, had an appointment to get her hair colored. All did not go as planned, however, and after three ho

The issue presented by this interlocutory appeal has produced disagreement among the district courts both in this circuit and elsewhere: whether 18 U.S.C. section 2520(a), as amended in 1986, provides a private right of action against persons who possess devices used to intercept satellite transmissions in violation of 18 U.S.C. section 2512(1)(b), a criminal offense. This Court is the fi

Plaintiff, LP XXVI, LLC, appeals the order of the circuit court of Lake County granting defendant Michael Goldstein's motion to dismiss pursuant to section 2--619 of the Code of Civil Procedure (Code) (735 ILCS 5/2--619 (West 2002)). Plaintiff contends that the trial court erred in finding that plaintiff's complaint seeking to recover about $74,000 in a deficiency judgment against defendant was

In consolidated appeals Nos. C040840 and C042384 in this ongoing child custody proceeding, Michael A. Newdow (father), in propria persona,1 appeals from trial court orders requiring him 2 to pay a portion of the attorney's fees of the child's mother, Sandra L. Banning (mother), pursuant to Family Code section 7640. 2 Father contends section 7640 (a part of the Uniform Parentage Act) is un

Appellants in these consolidated appeals are law enforce-ment officers of the Navajo Nation Division of Public Safety ("DPS") who filed actions against both the Navajo Nation and the United States claiming violations of the Fair Labor Stan-dards Act ("FLSA"), 29 U.S.C. §§ 201-219. The district court dismissed the claims against the Navajo Nation, holding that law enforcement was an intram

Katherine W. Metzger (Metzger) filed a complaint alleging a conspiracy by the Village of Cedar Creek, Nebraska (Cedar Creek), and Robert Fuxa (Fuxa) to construct an earthen levee along Turkey Creek. Turkey Creek divides Metzger's and Fuxa's properties. Metzger claims the levee violates federal regulations promulgated by the Federal Emergency Management Agency (FEMA) and adopted by Cedar

1T

Kirsten W. appeals from an order of the separate juvenile court of Douglas County terminating her parental rights to Anthony V. Kirsten asserts that the juvenile court erred in finding by clear and convincing evidence that Anthony comes within the meaning of Neb. Rev. Stat. § 43-292(2) and (10) (Reissue 1998) and in finding that termination of her parental rights serves Anthony's best interests. S

This is a diversity action, 28 U.S.C. § 1332(a), in which the real party in interest -- plaintiff-appellee Moises Muñiz Crespo -- sued Dr. Salvador Rovira-Martino (Dr. Rovira) for medical malpractice. (1) The case was tried to a jury from May 7 through May 15, 2003, culminating in a verdict for $2,000,000 in compensatory damages. After reducing the award to take into account sums paid by other

Luzenac America, Inc. (Employer), dismissed Sanford Lee Hertz from his position as a technical manager. Hertz filed suit in Colorado federal district court under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq, claiming that Employer had engaged in religious discrimination and had retaliated against him for protesting the discrimination. Although Hertz failed to convince the

This appeal is the culmination of a series of customer service disputes between Stuart Hallam and Alaska Airlines. Hallam sued the airline, alleging that by failing to honor various terms of his plane tickets, it breached a series of contracts. He

-2- 5809

also alleged, on behalf of a class of passengers, that the airline's standard ticket terms and policies violate Alaska's Unfair Tr

This case involves the award of medical expenses to Wood F. Jones by the Texas Workers' Compensation Commission (the Commission). The Commission ordered Illinois Employers Insurance of Wausau to pay Jones' various medical expenses incurred since 1997. Wausau appealed the order to the Colorado County District Court, contending Jones' bacterial heart condition was not caused by a cut finger he i

This is an appeal from an order granting a plea to the jurisdiction filed by a governmental unit. Appellants, Ann Salas, individually and as next friend of Marina Tejeda, a minor, and Marcos Salas, individually, brought suit against Wilson Memorial Hospital District after the hospital notified Child Protective Services that it believed Marina was being sexually abused by a family member. Wilson

Attorneys Jerry Guerra and Patrick Beam intervened in the underlying mass toxic tort lawsuit seeking attorney’s fees for their performance as local counsel for the law firm of Hoeffner, Bilek & Eidman, L.L.P. (“HB&E”). Following a bench trial, the trial court awarded attorney’s fees to Guerra and awarded none to Beam. All parties appeal the trial court’s judgment.

Represented by two different law firms, an employee claiming discrimination and harassment filed a workers' compensation claim and also sued her former employer for damages. The former employer -- also represented by two different law firms -- responded in both forums. While the former employer's million dollar plus offer to settle the civil action was still open, the parties' workers' com

Deborah L. Gassen ("Claimant") appeals a decision of the Labor and Industrial Relations Commission ("the Commission") denying Second Injury Fund ("the Fund") liability.
We affirm.

Sometime in 1993, Claimant began experiencing pain and numbness in her hands while working as a paralegal for Paul Liebengood ("Employer"). On January 25, 1995, Claimant visited a doctor to address this co

This consolidated appeal challenges the juvenile curfew ordinance enacted by the Municipality of Anchorage. In one case, David Treacy appeals from a hearing officer's finding that he violated the ordinance and that the ordinance is constitutional. In a separate case, the Municipality of Anchorage appeals from a superior court determination that the ordinance is unconstitutional. We conclu

Appellants Rhett Webster Pease and Jannell Pease sued Principal Residential Mortgage (Principal), its attorney Diana Estala Stevens, Justice of the Peace Barbara Bembry, the Travis County Constable's Office, and Constable Bob Vann (collectively, "appellees") for tortious interference with a contract arising out of the foreclosure sale of their property and subsequent eviction proceedings. Appel

We are called upon to answer the novel question whether, under federal aviation regulations, a licensed heliport is an airport, ever mindful of elementary physics–what goes up, must come down. We also realize that, although the western skies are usually friendly, moored balloons drifting near a heliport at the Sturgis motorcycle rally can be dangerous.

Guy Edwards (Edwards) petitions fo