Winston Holloway v. Benny Magness |
Under a contract with the Arkansas Department of Correction (ADC), Global Tel*Link (GTL) provides telephone service to ADC inmates and pays ADC 45% of GTL’s gross revenues. Inmate Winston Holloway commenced this 42 U.S.C. § 1983 action against GTL and ADC officials alleging, as relevant here, that the elevated phone charges he must pay by reason of the contract violate his First Amendment free $0 (02-02-2012 - AR) |
Brett A. Davis v. Jeremy Gillam |
Appellants Brett Davis, Arneva Davis, and Mark Davis claim that the trial court erred in granting the counterclaim of appellees Jeremy Gillam, Carissa Gillam, Doug Gillam, Lexmin, LLC, Chesapeake Exploration, LLC, and First Community Bank for quiet title based on an oral contract for the purchase of real property. Specifically, appellants argue that there was not clear and convincing evidence of t $0 (12-07-2011 - AR) |
Kathryn Pereda v. Brookdale Senior Living Communities, Inc. |
Appellant Kathryn Pereda (“Pereda”) appeals the district court’s dismissal of her two-count complaint alleging interference and retaliation under the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2601, et seq., against Appellee Brookdale Senior Living Communities (“Brookdale”). The district court held that because Pereda was not an eligible employee at the time she was $0 (01-10-2012 - FL) |
Carolyn Jewel v. National Security Agency |
This case is one of many arising from claims that the federal government, with the assistance of major telecommunications companies, engaged in widespread warrantless eavesdropping in the United States following the September 11, 2001, attacks. At issue in this appeal is whether Carolyn Jewel and other residential telephone customers (collectively “Jewel”) have standing to bring their statutor $0 (12-29-2011 - CA) |
In re: National Security Agency Telecommunications Records Litigation |
These consolidated appeals arise from claims that major telecommunications carriers assisted the government with intelligence gathering following the terrorist attacks on September 11, 2001. News reports that the National Security Agency (“NSA”) undertook a warrantless eavesdropping program with alleged cooperation by telecommunications companies spawned dozens of lawsuits by customers against $0 (12-29-2011 - CA) |
Devonna Culpepper v. Thomas Vilsack |
Devonna Culpepper, a hearing-impaired employee of the United States Department of Agriculture (“USDA”), brought this action against the secretary of that department for workplace discrimination and retaliation in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. She appeals an adverse bench trial verdict. We affirm the judgment of the district court.1 |
Jacquelyn N. Young v. Becker & Poliakoff, P.A. |
This appeal stems from a suit against the law firm of Becker & Poliakoff for legal malpractice and breach of fiduciary duty. Jacquelyn Young appeals from the trial court’s order remitting the jury’s $4.5 million punitive damages award against Becker & Poliakoff to $2 million, or alternatively, granting a new trial on punitive damages. Becker & Poliakoff cross-appeals, contending that it was en $0 (12-21-2011 - FL) |
The City of Fort Worth v. Janet Anne Lane |
Appellant the City of Fort Worth brings this interlocutory appeal from the trial court’s order denying in part its plea to the jurisdiction on the whistleblower claim filed by Appellee Janet Anne Lane. In one issue, Fort Worth argues that Lane did not establish a waiver of immunity under the Texas Whistleblower Act because she did not make a good faith report of a violation of law. Because we $0 (12-22-2011 - TX) |
Jennifer Keeton v. Mary Jane Anderson-Wiley |
Jennifer Keeton was enrolled in the Counselor Education Program at Augusta State University (ASU), a Georgia state school, seeking to obtain her master’s degree in school counseling. After Keeton completed her first year in the program, ASU’s officials asked her to participate in a remediation plan addressing what the faculty perceived as deficiencies in her “ability to be a multiculturally $0 (12-16-2011 - GA) |
Eltayeb Abuelyaman v. Illinois State University |
Eltayeb Abuelyaman, an Arab Muslim, served as an associate professor at Illinois State University’s School of Information Technology from 2001 to 2006. Abuelyaman’s performance record was consistently sub-par, and he frequently sparred with policy decisions made by his supervisor. In March 2006, Abuelyaman was informed that his contract would not be renewed for the 2007-2008 school year. Abuel $0 (12-14-2011 - IL) |
Sara Henry v. Red Hill Evangelical Lutheran Church of Tustin |
Plaintiff Sara Henry sued Red Hill Evangelical Lutheran Church of Tustin (sometimes the church) for wrongful termination under the California Fair Employment and Housing Act (Gov. Code,1 § 12900 et seq. (the FEHA)) and for wrongful termination in violation of public policy based upon her termination from the Red Hill Lutheran School (the school) for living with her boyfriend and raising their chi $0 (12-09-2011 - CA) |
Stephen J. Bruno v. Lisa Bruno |
These appeals arise out of two postjudgment orders related to the judgment of dissolution of the parties’ marriage on March 17, 2008. In the cross appeal by the defendant, Lisa Bruno, from the trial court’s ruling on the motion by the plaintiff, Stephen J. Bruno, to modify his alimony obligations, AC 30879, the defendant claims that the court improperly (1) modified the plaintiff’s alimony o $0 (11-27-2011 - CT) |
Giovanniello v. ALM Media, LLC |
Appeal from a judgment of the United States District Court for the District of Connecticut (Janet Bond Arterton, Judge) dismissing as time-barred a putative class action alleging violations of the Telephone Consumer Protection Act arising from the transmission of an unsolicited advertisement to plaintiff by means of a telephone facsimile machine. |
Ryan Pack v. The City of Long Beach |
Federal law prohibits the possession and distribution of marijuana (21 U.S.C. §§ 812, 841(a)(1), 844); there is no exception for medical marijuana. (United States v. Oakland Cannabis Buyers’ Cooperative (2001) 532 U.S. 483, 490.) Although California criminalizes the possession and cultivation of marijuana generally (Health & Saf. Code, §§ 11357, 11358), it has decriminalized the possession a $0 (10-04-2011 - CA) |
United States of America v. General Dynamics |
Relator Dimitri Yannacopoulos brought this qui tam suit under the federal False Claims Act. He alleges that defendants General Dynamics Corporation and Lockheed Martin Corporation violated the False Claims Act in a number of ways in a sale of F-16 fighter jets to Greece, which paid for the jets with money borrowed from the United States. |
Viasystems v. EBM-Papst |
Viasystems, Inc., a Missouri-based corporation, filed suit against EBM-Papst St. Georgen GmbH & Co., KG (“St. Georgen”), a German corporation, alleging several claims in contract and tort. The district court1 concluded that it had neither specific nor general personal jurisdiction over St. Georgen and granted its motion to dismiss. Viasystems appeals, and, for the following reasons, we affirm. $0 (07-21-2011 - MO) |
Verizon New England, Inc., v. International Brotherhood of Electrical Workers, Local No. 2322 |
This appeal arises from a denial of injunctive relief against a union under Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 (1970), and § 301 of the Labor-Management Relations Act (LMRA), 29 U.S.C. § 185, as well as a denial of declaratory relief concerning actions previously taken by that union. We affirm the denial of injunctive relief, vacate the denial of declaratory relie $0 (06-30-2011 - MA) |
Jessica Bowwer v. AT&T Mobility |
Jessica Bower appeals from the judgment entered after the trial court sustained without leave to amend the demurrer of AT&T Mobility, LLC, AT&T Inc. and AT&T Corporation (collectively, AT&T) in this action based on Bower‟s alleged payment of $15.50 as part of her purchase of a cellular telephone. We affirm. |
Ann Ethington v. Michigan Bell Telephone Company d/b/a AT&T Michigan |
Petitioner appeals as of right from an order of the Michigan Public Service Commission (“PSC”) dismissing her complaint that was premised on MCL 484.2502(1)(e) (“§ 502(1)(e)”), a provision of the Michigan Telecommunications Act (“MTA”), MCL 484.2101 et seq. We affirm. |
Talk America, Inc. v. Michigan Bell Telphone |
In these cases, we consider whether an incumbent provider of local telephone service must make certain transmission facilities available to competitors at cost-based rates. The Federal Communications Commission (FCC orCommission) as amicus curiae1 contends that its regulations require the incumbent provider to do so if the facilities are to be used for interconnection: to link the incumbent provid $0 (06-10-2011 - MI) |
Julia Knapp v. AT&T Wireless Services, Inc. |
Plaintiff Julia Knapp, on behalf of herself and all others similarly situated, appeals from the trial court‟s order denying her motion for class certification as to her claims against defendant AT&T Wireless Services, Inc. (AWS), for violation of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), violation of the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq $0 (05-20-2011 - CA) |
Industrial Communications and Electronics, Inc.,d/b/a Unicel; U.S.C.O.C. of New Hampshire RSA #2 Inc., d/b/a U.S. Cellular |
David and Marilyn Slade own property in the Town of Alton, New Hampshire ("Alton" or "the Town"). Industrial Communications and Electronics, Inc. ("Industrial Communications"), aims to construct a cell phone tower in Alton for two wireless companies. Claiming that only one site was suitable, Industrial Communications filed an application in September 2005 to construct the tower at 486 East Side Dr $0 (05-20-2011 - NH) |
MCI Communications Services, Inc. v. Wayne Hagan |
This case arises from a January 20, 2006 incident in which an underground cable owned by plaintiff-appellant MCI was allegedly severed. MCI filed suit against defendants-appellees Wayne Hagan and James Joubert, alleging that Joubert was negligently excavating on a backhoe in violation of the Lousiana Damage Prevention Act (Louisiana Underground Utilities and Facilities Damage Prevention Law), LA. $0 (05-12-2011 - LA) |
James A. Bogart v. Caprock Communications Corp. |
¶1 The only issue presented1 is whether a landowner is entitled to additional compensation when fiber optic cables are installed within the confines of a public right of way or easement on which public highways or roads are established. We hold that under the facts presented, no additional compensation is warranted. |
Karen Elias-Clavet v. Board of Review, Rhode Island Department of Employment and Training |
Karen Elias-Clavet was employed as a substitute teacher by the Pawtucket School Department during the 2007–2008 school year. On June 24, 2008—shortly after the school summer recess began—Ms. Elias-Clavet filed a claim for unemployment benefits. That claim was denied by the Department of Labor and Training (DLT), based upon the between-terms disqualification provision of G.L. 1956 § 28-44-68 $0 (03-22-2011 - RI) |
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