On March 22, 2004, Richard Disher filed this action as a state-law putative class action against Citigroup Global Markets Incorporated, formerly known as Salomon Smith Barney ("SSB" or "Smith Barney"). SSB timely removed the case to the district court on the basis of federal question jurisdiction, see 28 U.S.C. § 1331; diversity

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of citizenship jurisdiction, see id. §

This opinion encompasses three related appeals involving defendants Yehuda and Miriam Draiman and plaintiff Multiut Corporation (Multiut), an energy consulting and energy management services company based in Skokie. Central to defendants' appeals are case Nos. 1-03-0857 and 1-03-2855, in which defendants challenge the trial court's rulings in favor of Multiut and its award of more than $1 mil

Plaintiff-appellee Dora Elizabeth Cook, a bus driver for the Gwinnett County School District ("district"), brought the instant § 1983 action against the defendants-appellants,1 officials employed by the district, alleging violations of her First Amendment rights to free speech and free association, as well as her right to equal protection under the Fourteenth Amendment.2 The defendants in

Consumers traditionally access the Internet through "dial-up" connections provided via local telephone lines. Internet service providers (ISPs), in turn, link those calls to the Internet network, not only by providing a physical connection, but also by offering consumers the ability to translate raw data into information they may both view on their own computers and transmit to others connecte

In this class action involving plaintiffs' statutory employment rights, plaintiffs appeal as of right from an order granting defendant's motion for summary disposition. We affirm the trial court's grant of summary disposition in favor of defendant.

I. Facts and Procedural History

Defendant, Wayne-Westland Community Schools, operates the public school system in the city of Wayne, part

Attorney General Lockyer Announces Agreement With U.S. Bancorp That Benefits California Businesses Case Involves Fraudulent Sale Of Telecom Service By New Jersey-Based NorVergence

Attorney General Bill Lockyer today announced California businesses will receive up to $2.6 million in financial benefits under an agreement between his office and U.S. Bancorp (USB) to resolve a case connecte

The Securities and Exchange Commission today issued an Order instituting public administrative proceedings against John B. Hoffmann, formerly the Global Head of Equity Research at Salomon Smith Barney, Inc. (SSB), now known as Citigroup Global Markets, Inc. (CGM), and Kevin J. McCaffrey, formerly the Head of North American Equity Research at SSB, based upon their failure to reasonably supervise

Pamela Gilmore brought an action against the County of Douglas under 42 U.S.C. § 1983 alleging that the Douglas County Corrections Center (the DCCC) violated her Fourteenth Amendment equal protection rights by assessing her charges for collect telephone calls made to her from inmates in the facility. The district court1concluded that Gilmore failed to state a cause of action and dismissed

Securities fraud class action claims by New York state Comptroller Alan Hevesi and other against Arthur Andersen LLP for negligence in the auditing activities conducted by the defendant in conjunction with the operation of WorldCom. Hevesi claimed that Andersen failed investors by missing the fraud being committed by WorldCom in 2000 and 2001. Anderson was an independent auditor who, plaintif

The United States charged former Worldcom CEO with nine felony counts including securities fraud, conspiracy and seven counts of making false filings with the SEC. The Government charged that Ebbers instructed the CFO of Worldcom to account for revenues and expenses inappropriately to make the performance of the telecommunications company that he created look better to prop up the value of the

Class action claims by Alan G. Hevesi, the comptroller of New York state and trustee of the states' Common Retirement Fund, et al. on behalf of investors who bought Worldcom stock and bonds before the telecommunications giant filed for bankruptcy in 2002. The plaintiffs claimed that the banks that sold Worldcom securities to investors did not conduct appropriately thorough investigation into th

Plaintiff, Brian Lara, appeals from the district court's grant of summary judgment for Defendant, State Farm Fire & Casualty Company (State Farm), on his claims under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq. We exercise jurisdiction pu

This is a Medicaid eligibility case in which the Kansas Department of Social and Rehabilitation Services (SRS) denied the application for benefits filed by Joan Seiker Wilson for her aunt, Regina Brewer (petitioner/appellee). SRS found that Brewer had nonexempt available resources in excess of regulatory limits because she held stocks worth approximately $33,000 in joint tenancy with two nieces

The issue presented is whether the federal filed rate doctrine should apply to a telephone charge that is included in a tariff voluntarily filed with the Federal Communications Commission (FCC). We find that it does and that the charge is therefore not subject to a claim for damages. The trial court's judgment of dismissal after sustaining a demurrer without leave to amend is affirmed.

The Securities and Exchange Commission today charged Qwest Communications International Inc., one of the largest telecommunications companies in the United States, with securities fraud and other violations of the federal securities laws. The Commission's complaint alleges that, between 1999 and 2002, Qwest fraudulently recognized over $3.8 billion in revenue and excluded $231 million in expenses

In this case, we are asked to review a nationwide class certification, accompanied by an injunction against all competing class actions. The plaintiff class is made up of landowners whose property is subject to railroad rights of way, along which defendant telecommunications companies have installed fiber-optic cables without the landowners' permission. See generally Jeffery M. Heftman,

The Federal Communications Commission alleged that Primus Telecommunications Inc. willfully violated the federal Do Not Call Act. It claimed that Primus hired teleservices agency Spanco Telesystems & Solutions to conduct its outbound calling campaigns, from which it derives 40 percent of its sales.

I. INTRODUCTION

Plaintiffs-appellants Betty Allen, Victor Beltz, Jo Ann Donnell, Jeff Farney,(1) Ron Garnett, Mike Goupil, and Carolyn Jeffries (collectively "appellants") sued, alongside Sylvia Tandy, Naomi Passman, and Joel Goertz (collectively "cross-appellees"), defendant-appellee City of Wichita ("Wichita") in the United States District Court for the District of Kansas. Wichita oper

The City of Santa Fe, a political subdivision of the State of New Mexico, adopted an ordinance (the "Ordinance") which established new procedures for telecommunications providers seeking access to city-owned rights-of-way. Qwest Corporation ("Qwest") provides telecommunications services in Santa Fe and utilizes the rights-of-way. Qwest brought suit in federal district court seeking a declarati

Certification from the United States Court of Appeals for the Eleventh Fla. Stat. § 25.031 states: 1

The Supreme Court of this state may, by rule of court, provide that, when it shall appear to . . . any circuit court of appeals of the United States . . . that there are involved in any proceeding before it questions or propositions of the laws of this state, which are determinative of t

We granted certification in this matter to consider for the first time L. 1995, c. 49, now codified at N.J.S.A. 2A:53A-25, which governs an accountant's liability to third parties for negligence. 178 N.J. 249 (2004). We affirm the decision of the Appellate Division substantially for the reasons stated in Judge Coburn's opinion, E. Dickerson & Son v. Ernst & Young, 361 N.J. Super. 362 (App. Div

Autoflex Leasing, Inc. ("Autoflex") sued Manufacturers Auto Leasing, Inc. ("MAL") under the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C.A. § 227 (West 2001). The trial court granted Autoflex's partial motion for summary judgment and, after a trial, awarded Autoflex damages. We affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

On July 7, 2000, Autoflex, which is a auto l

Jasmine Networks, Inc. (Jasmine) appeals an order granting a preliminary injunction in favor of Marvell Semiconductor, Inc. (Marvell), restraining use or disclosure of a transcript of a conversation among Marvell's officers and lawyers that was inadvertently left on Jasmine's voicemail system.

Both Jasmine and Marvel are in the semiconductor business, more specifically, the design and man

This appeal involves the interplay between the Federal Communications Act, 47 U.S.C. § 201 et seq. (2000), which requires telecommunications service providers to file tariffs with the Federal Communications Commission, and the federal "filed rate doctrine," which prohibits customers from directly challenging those filed tariffs in state or federal court. Plaintiff-appellee, Priscilla Hill

The four cases consolidated in this appeal involve challenges to the national do-not-call registry, which allows individuals to register their phone numbers on a national "do-not-call list" and prohibits most commercial telemarketers from calling the numbers on that list. The primary issue in this case is whether the First Amendment prevents the government from establishing an opt-in telemarket