Defendant was charged with violating and interfering with rights of burial and failure to give notice of death without medical attendance, violations of N.Y. Pub. Health Law §§ 4200 and 4143. After the trial court dismissed the indictment, the State appealed...
ONDA, comprising the Oregon Natural Desert Association and the Audubon Society of Portland, challenged a wind energy project, claiming that the U.S. Bureau of Land Management's environmental review overlooked impacts on the greater sage grouse, a bird dependent...
The appellant filed a financing statement, an amended financing statement, and a late continuation statement giving notice of an alleged security interest between itself and a dealer in farm and related equipment. Later appellee filed a financing statement and...
VOPA, an independent state agency, sought a declaration that respondents' refusal to produce medical peer-review records violated the DD Act and the PAIMI Act. VOPA also sought an injunction requiring respondents to provide access to the records and refrain...
Plaintiffs-Appellants Varsity Brands, Inc., held registered copyrights for graphic designs on cheerleading uniforms and warm-ups they sold. Defendant-Appellee Star Athletica, LLC marketed cheerleading gear featuring designs that Varsity claimed were substantially...
Appellant buyer of an interest in a sculpture sued respondent executor of an estate, alleging, inter alia, conversion of the sculpture and seeking, inter alia, a constructive trust and an order pursuant to SCPA 2105. The trial court granted the buyer's cross...
The arrestee died from a beating while in the custody of the defendants. The indictment charged them with violating the decedent’s right to equal protection of the law under U.S. Rev. Stat. § 5519.
The lessors filed a claim against the trust estate to terminate the oil and gas lease and to clarify the title. The trial court determined that the oil and gas lease did not accurately reflect the intentions of the parties due to a mutual mistake; therefore, the...
The patient experienced complications after surgery and underwent a second procedure. They filed a malpractice complaint against the original doctor, who sought summary judgment based on a favorable expert opinion.
Defendants sold heroin to a federal agent after setting up the sale with an informant in Mexico. Defendants were convicted for importing and distributing heroin in violation of 21 U.S.C. §§ 952(a), 960(a)(1), 841(a)(1). Defendants appealed, contending...
The homebuilder claimed that the purchaser filed an involuntary bankruptcy petition in bad faith to extort an unreasonable settlement and harm the homebuilder's business. Therefore, the homebuilder sought compensatory and punitive damages, as well as attorney...
The employee was injured when the patron resisted the employee's attempts to assist him into his car to be driven home from the tavern.
Petitioner parents filed suit under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.S. § 1400 et seq., claiming that respondent school district breached its duty to provide the student with a free appropriate public education and seeking reimbursement...
Petitioner employee was employed by the respondent employer as a repairman. During the course of the petitioner's employment, he suffered epileptic seizures. After the petitioner suffered his third seizure at work, he was terminated. The petitioner then commenced...
In a case arising from a proxy fight, the plaintiff stockholder in the defendant corporation claimed that the defendants, the incumbent directors of the corporation, breached their fiduciary duties by failing to approve a different slate of directors proposed by...
The testator and her husband created mirror-image wills, leaving their estates to each other. The husband died first, and the testator passed away in 2005. She had eight siblings, but only two were alive at her death, while her husband had three surviving siblings...
The policy covered jewelry and furs as per an attached schedule against all risks of loss or damage during transportation or otherwise. The insured filed a claim when her fire opal valued at $ 2,000 became cracked. The crack developed after the policy became effective...
Appellant fell asleep while driving his automobile and struck and killed a jogger. The trial court convicted him of involuntary manslaughter. Appellant alleged that the evidence was insufficient to prove he acted in a criminally negligent manner.
In a dependency proceeding, the juvenile court ruled that although the child's stepfather was the child's conclusively presumed father under Fam. Code, § 7540, the biological father was a presumed father under Fam. Code, § 7611, subd. (d), and...
The officer was found to be subject to vicarious liability under the FHA for the allegedly discriminatory conduct of its salesperson, even though the officer did not personally engage in any unlawful conduct.
Plaintiff Federal Trade Commission (FTC) filed a complaint against defendants, a company and a corporation, alleging violations of the Children's Online Privacy Protection Act, 15 U.S.C.S. § 6503, and the FTC Act, found at 15 U.S.C.S. § 45(a), in...
Appellant contractor sought review of the judgment which awarded the contractor quantum meruit damages in his action on a mechanics lien against appellee purchaser, and awarded the purchaser damages in an amount required to complete the home in the purchaser's...
Plaintiff sought damages for the unauthorized use of his photograph on the cover of the New York Times Magazine.
The defendant was convicted of rape, sodomy, robbery, and first-degree burglary. In his appeal, he argued that a phone conversation with a police detective and statements made to another officer, both claimed to be without proper rights advisement, should not have...
Claimants, Virginia and the salvage company, appealed from a judgment which held that Spain retained title to its naval vessel, Juno, and the claimant, Spain, appealed from the district court's ruling that it had expressly abandoned the vessel La Galga under...