Dropinski filed this claim under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et. seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e) et. seq., and the Nebraska Fair Employment Practices Act, Neb. Rev. Stat. § 48-1101 et. seq., for damages for unlawful discrimination on the basis of disability. In accordance with our standard of review, we recite the facts in the lig

This case involves an application of the Telecommunications Act of 1996 (TCA) to the land use decisions of a local government. Pub. L. No. 104-104, 110 Stat. 56 (codified in scattered sections of 15 and 47 U.S.C.). Preferred Sites, LLC (Appellee) filed suit against Troup County, Georgia (Appellant), alleging the county's Zoning Appeals and Planning Board (the Board) violated § 704(a) of the TCA by

This is an appeal of a dismissal of a class action brought on behalf of a class consisting of customers who received local phone service in the region served by Bell Atlantic from a company other than Bell Atlantic. 1 In recent years, the federal government has changed its policy with respect to the structure of local phone service markets, which had been controlled by state-sanctioned local monop

American Tower, L.P. ("American Tower") is a company that constructs and operates communications towers for other companies. American Tower and the other plaintiffs (collectively "Plaintiffs") want to construct a wireless communications tower on a particular piece of property ("the proposed tower property") in the City of Huntsville ("the City"). The proposed tower property is currently zo

American Telephone & Telegraph Corporation ("AT&T") appeals the district court's certification, pursuant to Fed. R. Civ. P. 23(b)(3), of a class of plaintiffs who present claims arising from a "900-number" telemarketing program. We conclude that the district court abused its discretion in holding that the questions of law or fact common to the members of the proposed class predominate over any que

1. This is an appeal and cross-appeals from judgments entered on a jury verdict. The jury awarded damages to Digicorp, Inc., for Ameritech Corporation's breach of contract and intentional misrepresentation, to Bacher Communications, Inc., for Ameritech's intentional misrepresentation, and to Ameritech for Digicorp's breach of contract.1 All three parties appeal and cross-appeal various aspects of

In this action for judicial review of an adjudicatory administrative decision, a former employee of the Maryland Transportation Authority challenges the administrative decision terminating his employment with the Authori ty. The former employee claims that the Authori ty, in discharging him instead of imposing a lesser sanction for his misconduct, failed to follow its own regulations. The Circ

Patent infringement action filed by holder of three patents which, as described by the plaintiff, were directed to commercially-acceptable systems and methods for selling music and video in digital form over telecommunications lines. SightSound accused N2K, Inc., CDnow, Inc. and CDNow Online, Inc. of infringing multiple claims of U.S.Patent Nos. 5,191,573 and 5,966,440 through the practice of dow

On March 2, 1995, the City of Detroit Police Department ("DPD") issued a Request for Proposal ("1995 RFP") and began to solicit bids for an in-cell telephone contract. The project involved installing and servicing pay telephones in the DPD's lock-up facilities. The 1995 RFP explicitly stated that the City made no final commitments in soliciting bids.(1) On April 26, 1995, MPJV submitted a bid in r

UnknownPlaintiff pro se Arthur Evans, who was represented by counsel at various stages of the proceedings in the district court, appeals from a judgment of the United States District Court for the Southern District of New York, Kimba M. Wood, Judge, dismissing his complaint, brought under 42 U.S.C. §1983 (1994), alleging that defendants New York State Public Service Commission ("PSC") et al., in a

Plaintiff’s first amended complaint alleged defendants were liable to him under theories of assault and battery, false imprisonment, intentional infliction of emotional distress, and negligence as a result of his being illegally arrested by a bounty hunter and taken to Missouri. In Missouri it was confirmed that the actual person who should have been sought was plaintiff’s brother

Tucson is a municipal corporation and a political subdivision of Arizona. Qwest is a public service corporation registered in Colorado with its principal place of business in Colorado. Qwest provides telecommunication services in Arizona, specifically in Tucson, and has done so for over 100 years. To provide these services, Qwest installed, and currently operates and maintains, equipment and

Plaintiff Robert P. Crozer, along with several neighboring landowners and members of a citizens’ group, Citizens Against Strobe Lit Towers (Crozer), brought an action for declaratory and injunctive relief against Thomas County Planning Director Johnny L. Reichert, the Thomas County Board of Commissioners, and SBA, Inc., a Florida corporation, seeking to prevent construction of a 350-foo

This suit arises out of a dispute over a cable franchise for the Town of Houlton, Maine ("Town"). In early 1999, the Town decided not to renew the franchise held by NEPSK, Inc., d/b/a Houlton Cable ("Houlton Cable"). Instead, it sought competitive proposals for a new cable franchise, and eventually awarded the franchise to Houlton Cable's competitor, Pine Tree Cablevision Associates ("Pine Tree").

Janny Kerkhof and her former employer, MCI WorldCom, Inc. ("WorldCom"), cross-appeal from the district court's judgment resolving several disputes about employee benefits claimed by Kerkhof. Kerkhof was hired in May 1995 as a program coordinator in the Vienna, Virginia, office of the telecommunications company MFS International, Inc. ("MFS"), which later merged with WorldCom. She then became eligi

[2.] Through its subsidiaries, AT&T Corporation holds both sales tax and contractor’s excise tax licenses in South Dakota. AT&T manufactures, sells, installs, and services a telecommunications switching device called “5ESS.” The South Dakota Department of Revenue conducted a tax audit of AT&T’s transactions for the period of January 1, 1993 through January 1, 1997. The a

Plaintiff 800 Services Inc. appeals from the August 3, 2000 Final Order and the subsequent September 18, 2000 interest calculation Order of the United States District Court for the District of New Jersey. 800 Services was an "aggregator" of telecommunications services provided by AT&T. Aggregators pool telecommunications service in order to provide discounted service to their customer

Beginning in 1989, BSI contracted with the Network Group ("Network"), a commercial real estate broker, to assist BSI in either selling or subleasing closed K Mart stores. During the course of the relationship between BSI and Network, several such properties in the Toledo, Ohio area were put on the market for subleasing. In April 1994, BSI and Network entered into a "commercial listing agreement" u

Beginning in the 1980s, Sprint purchased from some 40 different railroads operating in every state of the continental United States the right to install fiber-optic cables on the railroads' rights of way. A suit has been filed in the district court on behalf of owners of the land adjacent to these rights of way, claiming that the right belongs to them, not to the railroads, and seeking d

Cynthia Goodwin Baucom appeals the final summary judgment entered in favor of the appellees, Thomas Haverty and Lisa Anne Haverty, in which the trial court ruled that Baucom’s action was barred by the statute of limitations. We reverse.

In 1988, Baucom suffered severe injuries during a fall at a restaurant. The attorneys she retained to file a lawsuit against the restaurant hired t

CenturyTel of Michigan appeals as of right the April 12, 1999 opinion and order of the Public Service Commission which concluded that CenturyTel violated its tariff by assessing charges for local calls and illegally discriminated by requiring eleven-digit dialing to a local number serviced by BRE Communications/Phone Michigan (hereinafter Phone Michigan). The Commission ordered CenturyTel to d

In passing the Telecommunications Act of 1996, Congress altered the regulatory scheme for local telephone service. The Act requires that local service, which was previously operated as a monopoly overseen by the several states, be opened to competition according to standards established by federal law. Under the Act, the incumbent local telephone service carriers must negotiate or arbitrate

This case involves two issues: (1) whether the plaintiff's contracts with Mexican customers in this case violated Mexican law, and, if so, (2) whether that illegality is a defense to the plaintiff's claims. Because we hold that the plaintiff's contracts did not violate Mexican law, we do not reach the second issue. Accordingly, we reverse the court of appeals' judgment and remand the cause to that

AT&T Corporation is still the largest long distance telephone com- pany in the country, and this case is about its recent entry into the broadband telecommunications market that provides high-speed access to the Internet. AT&T has acquired MediaOne Group, Inc. (MediaOne), which has a cable franchise in Henrico County, Virginia. In approving the transfer of control of the franchise, the Henric

Title VII of the Civil Rights Act of 1964 forbids an employer from "discriminating against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. s 2000e- 2(a)(1). Marshall Freedman contends that MCI Telecommunications violated that prohibition by d