In 1998, a number of States, including the Commonwealth of Pennsylvania, settled their lawsuits against the major tobacco companies. Under the Tobacco Settlement, the Tobacco Companies agreed to pay the Commonwealth of Pennsylvania more than $11 billion. Plaintiffs, a class of Pennsylvania Medicaid recipients who have various smoking-related illnesses, believe that a provision

Appellant Adriana Cano, M.D. brought suit against her former employer, appellee North Texas Nephrology Associates ("NTNA"), for breach of contract, fraudulent inducement, and for a declaratory judgment. Appellant moved for a partial summary judgment on the liability portion of her breach of contract claim, which the trial court denied. The case was tried before a jury, and at the close of appellan

In this appeal, we must determine whether Sheriff Thomas may disregard an order rendered by the Harris County Civil Service Commission. We deny Sheriff Thomas's motion for rehearing, but withdraw our opinion and judgment dated October 10, 2002, and substitute a new opinion and judgment in their stead.

Appellant, Hank C. Sheppard, brings this appeal from the district court's judgmen

Petitioner-Appellant Maurice Allen Mason ("Mason") was convicted by an Ohio jury of aggravated felony murder, rape, and having a weapon while under disability; he was also found guilty of the death-penalty specification of committing murder in the course of a rape and further specifications that involved firearms, prior felony, and prior offense of violence. Mason was sentenced to death. Mason now

Tod N. Rockefeller, proceeding pro se, appeals the district court's order granting summary judgment in favor of his former employer, the United States Department of Energy (Department), on each of the claims in his complaint. Our jurisdiction arises under 28 U.S.C. § 1291. We affirm.

Rockefeller was employed by the Department as an environmental specialist. The Department terminated Rock

The Commonwealth of Puerto Rico has enacted a statutory regime that prohibits an interstate air carrier from delivering any package unless the carrier first provides proof that the package's addressee has paid the appropriate excise tax, or the carrier prepays the amount of the tax on the addressee's behalf. Plaintiffs United Parcel Service, Inc., and United Parcel Service, Co., (collectively "UPS

1. Denise and Steve Scheberle appeal a summary judgment entered in favor of Dr. Bertram Milson dismissing their medical malpractice claim for Scheberle's1 injuries. Specifically, they contend the circuit court failed to consider the possibility of a res ipsa loquitur instruction and that the court erred when it determined Milson had not breached his duty to obtain informed consent. Milson argues t

Class counsel submit this memorandum in support of the parties' joint motion for an order preliminarily approving the Stipulation of Settlement ("Settlement"). Class counsel also seek approval of the proposed notices of settlement to the Class and request the Court schedule a date for a

Appellant, Bearden Investigative Agency, Inc. (Bearden), appeals the trial court's take-nothing judgment in Bearden's suit against the appellees, Ann and John Melvin. Bearden contends that (1) the Melvins promised to pay the agency; (2) Bearden is entitled to recovery based on quasi-contractual claims; (3) the statute of frauds does not apply because the Melvins were primary obligors on the debt w

Crain, an inmate in the Institutional Division of the Texas Department of Criminal Justice ("TDCJ"), sued appellees for failing to protect him from sexual assault by another inmate. In three issues, Crain contends the trial court erred in dismissing his case "with prejudice." We modify the trial court's dismissal order and affirm it, as modified.

Crain was placed in TDCJ's McConnell Unit in

We consider in this case whether the state of Nevada waived its Eleventh Amendment immunity by removing a lawsuit from state to federal court. We address this question only in the context of claims brought under state law because no valid federal claims have been brought against Nevada. Bound by the Supreme Court's recent decision in Lapides v. Board of Regents, 122 S. Ct. 1640 (2002), which

Appellants, the governor of the Commonwealth of Massachusetts and various officials (collectively referred to as the "Commonwealth"), appeal the decision of the district court, acting through a magistrate judge, see 28 U.S.C. § 636(c), requiring them to provide certain services to appellees, a group of adults with mental retardation or other developmental disabilities who reside in nursing homes i

This acrimonious dispute between defendant-appellant Designs by FMC, Inc. ("Designs") and plaintiff-appellee KPS & Associates, Inc. ("KPS") is a diversity breach of contract action that comes to us following the entry of a default judgment against Designs and a damages award of $367,154 plus prejudgment interest. Designs challenges the entry of default and the subsequent determination of damages,

Elizabeth Steger appeals the district court's judgment for General Electric Company ("GE") following jury verdicts for GE and the denial of her motions for judgment as a matter of law. In her complaint, Steger claimed that, during the course of her employment, GE violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621-634, by terminating her during a reduction in force based on h

In United States ex rel. Body v. Blue Cross & Blue Shield of Alabama, Inc., 156 F.3d 1098 (11th Cir. 1998), we held that an insurance company occupying the role of "fiscal intermediary" in processing Medicare Part A claims is immune from liability, under 42 U.S.C. § 1395h(i)(3), in a qui tam suit brought under the False Claims Act, 31 U.S.C. § 3729(a), for knowingly approving false or fraudulent P

Appellant pro se Mike D. Ledbetter appeals from the trial court's dismissal of his lawsuit against Appellees Cecile Soliven, Donald Boulware, and Gregory Bisbee and from the court's granting of Appellees' motion for summary judgment. Appellant complains that the trial court abused its discretion in refusing to grant him an extension of time to file an expert report and in granting summary judgment

Appellants, Carlos Gonzales and Janet R. Jones (the borrowers), filed suit seeking an injunction to prevent foreclosure on their home and for damages against Resource Bancshares Mortgage Group (RBMG), Woodforest Bancshares, Inc. (Woodforest) and American Title Company of Houston (American Title). American Title counterclaimed for attorneys' fees and costs. The trial court granted summary judgment

This is an appeal from the granting of a no-evidence summary judgment in a product liability case. The case arises out of a fire that originated in Harold and Peggy Parsons's (the "Parsons") 1989 Lincoln Town Car when it was parked in their garage. The fire destroyed the Parsons's car and home. They sued the manufacturer and the dealer who five months before the fire allegedly replaced a defective

Class action plaintiff challenges the practice of a federal savings and loan association of charging a fee of $10 for the transmission of a payoff demand statement by fax, over and above the fee authorized by Civil Code section 2943, subdivision (c)(6) for furnishing such a statement. Plaintiff's causes of action for violating this section and for engaging in an unfair, deceptive and unlawful

[1] Appellant homeowners Goglio et al. (homeowners) are residential lot owners in Star Valley Ranch, a recreational subdivision in Lincoln County, and members of the Star Valley Ranch Association. The consolidated appeal they present to this court is comprised of two cases. In case number 00-256, appellant homeowners sought a declaratory judgment that the culinary water use fee imposed upon th

Delfino Vasquez-Lopez (“Petitioner”) seeks review of the Board of Immigration Appeals’ (“BIA”) determination that his departure from the United States pursuant to a grant of voluntary departure under what is now 8 U.S.C. § 1229c occasioned a break in his “continuous physical presence in theUnited States” for the purposes of 8 U.S.C. § 1229b, the can

This appeal concerns a collateral attack on an injunction, preliminarily issued by the district court in 1992 and, with modifications, made permanent in 1998. The effect of the injunction is to prevent the Commonwealth of Massachusetts ("Commonwealth") from enforcing a state law that requires members of its reconstituted state police force to retire upon reaching the age of 55. Appellant, State Po

Wilkes worked as a compliance officer for the Wyoming DOE, Fair Labor Standards Division, from 1990 until March 2000 when she was allegedly constructively discharged. Wilkes applied for a position as lead compliance officer in 1999, but the position was awarded to an employee who had worked as a compliance officer for less than six months, i.e., a probationary employee. Ac

Donald Kovach appeals the trial court's grant of judgment under Super. Ct. Civ. R. 12 (b)(6), on res judicata grounds, to the District of Columbia and Lockheed Martin, Inc. He contends that the trial court erred in ruling that his previous payment of a traffic violation, recorded by an automatic camera at a stoplight, precluded him from contesting the District's subsequent decision to forgive o

Plaintiff appeals from a judgment resulting from orders of May 25, 2001 and June 22, 2001 dismissing the complaint against defendants for failure to file an affidavit of merit and an order of August 3, 2002 denying reconsideration. Plaintiff argues that the orders must be "vacated" because the principle of res ipsa loquitur and the "common knowledge" doctrine excuse the need for an affidavit, an