Cases

OPINION OF THE COURT BRIGHT, Circuit Judge. William Lee Roberts contracted asbestosis after working with asbestos for forty-four years as an insulator and pipe-fitter. Roberts sued various asbestos manufacturers for compensatory and punitive damages. The defendants removed the case to the United States District Court for the Southern District of Indiana.

Dissenting Opinion by Justice Moseley The opinion put forth by the majority is persuasive, knowledgeable, and well-written. However, the entire matter here revolves around employment of the “clear and convincing” evidence standard necessarily employed in a finding of gross negligence. It must be remembered that Texas law requires a finding of “clear and convincing” evidence before a finding of gross negligenc

CARL É. STEWART, Chief Judge: Plaintiffs-Appellees Clark Baker and the Office of Medical and Scientific Justice, Inc. (the “OMSJ”) brought this action against Defendant-Appellant Jeffery Todd *621 DeShong alleging, inter alia, trademark infringement in violation of- the Lanham Ac

COFFEY, Circuit Judge. Ruth M. Eversole filed suit under 42 U.S.C. § 1983 against the sheriffs of Rush, Union, Fayette and Franklin Counties, Indiana, and the arresting officers and co-directors of a four-county drug enforcement task force operating in the above listed counties, alleging that they unlawfully arrested her in violation of her right to be free from arrest without probable cause under the Fourth and Fourteenth A

KAVANAUGH, Circuit Judge: Regional Transmission Organizations are non-profit entities that oversee the transmission of electricity from generators to utilities. Under Section 205 of the Federal Power Act and FERC’s regulations, Regional Transmission Organizations file their proposed rate schemes with FERC. 16 U.S.C. § 824d(c); 18 C.F.R. § 35.34(j)(l)(iii). Section 205 allows FERC

OPINION Opinion by: SANDEE BRYAN MARION, Justice. This is an appeal from a jury verdict in favor of Solomon Abdo, A.L. Hernden, Frederick Zlotucha, Itamic, Inc., and George J. Abdo (collectively, “appellees”). The underlying lawsuit involved an appeal by appellees from the Bexar County Appraisal Review Board’s determination on the appra

963 N.E.2d 534 (2012) IN RE INDIANA NEWSPAPERS INC., d/b/a the Indianapolis Star, Appellant-Non-Party, Jeffrey M. Miller & Cynthia S. Miller, Appellees-Plaintiffs, v. Junior Achievement of Central Indiana, Inc.; Jennifer Burk, Individually and in her Official Capacity; Central Indiana Community Foundation, Inc.; Brian Payne, Individually and in his Official Capacity, Appellees-Defendants. No. 49A02-1103-PL-234.

552 N.E.2d 23 (1990) NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORPORATION, Appellant, v. PUBLIC SERVICE COMMISSION OF INDIANA, Wabash Valley Power Association, Inc., Office of the Utility Consumer Counselor, City of Fort Wayne, Indiana, Public Service Company of Indiana, Inc., Fruit Belt Electric Cooperative, Jay County Remc, United Remc, Warren County Remc, Boone County Remc, Kankakee Valley Remc, and United States of America On Behalf of It

United States Court of Appeals For the First Circuit No. 23-1513 SCOTT D. PITTA, Plaintiff, Appellant, v. DINA MEDEIROS, individually and in her official capacity as Administrator of Special Education for the Bridgewater Raynham Regional School District; BRIDGEWATER RAYNHAM REGIONAL SCHOOL DISTRICT, Defendants, Appellees.

MEMORANDUM OPINION Resolving All Pending Motions and Granting Dependants’ Motion For Summary Judgment RUDOLPH CONTRERAS, United States District Judge I. INTRODUCTION The twists and turns of this case could fill the pages of a book. In fact, much of it already has. In October 2014 Defendant James Risen aut

OPINION OF THE COURT (April 18, 2016) Cabret, Associate Justice. George R. Simpson appeals from a Superior Court order holding him in contempt for failing to comply with an earlier order finding him liable for defamation and ordering him to remove several websites containing the allegedly defamatory statements from the Internet. Because Simpson’s statements were not defamatory as

MEMORANDUM BROOKS, District Judge. This matter comes before the Court on several motions to strike evidentiary materials and numerous motions for summary judgment. Statement of Relevant Facts Charles Harris was employed at the Aluminum Company of America (“ALCOA”) Warrick operations near Newburgh, Indiana, from September 1970 through Febru

DeNNY, J. The intervening appellees move to dismiss this appeal on the ground that it is premature and fragmentary, being from an order which is not a final judgment. No appeal lies from a refusal to dismiss an order or a proceeding. Johnson v. Pilot Life Ins. Co., 215 N. C., 120, 1 S. E. (2d), 381; Stewart v. Craven, 205 N. C., 439, 171 S. E., 609; S. v. Harnett County Trust Co., 193 N. C., 834, 136 S

STUART, Senior District Judge. I. Introduction This is an appeal from an order of the district court1 granting a directed verdict against the plaintiffs on their claims for fraud, negligent misrepresentation, and RICO violations. For the reasons discussed below, we affirm. II. Factual Background The plaintiffs, inv

ORDER The petition for review is denied. Judge Hurwitz wrote an opinion joined by the full panel as to Parts I — III; by Judges Kozinski, Silverman, Rawlinson, Bybee, Murguia and Nguyen as to Part IV; and by Judges Kozinski, Silverman, Rawlinson and Bybee as to Parts V and VI. Judge N.R. Smith wrote an opinion concurring in part and dissenting in part, which Chief Judge Thomas, and Judges Preger

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 8, 2016 Decided March 31, 2017 No. 16-5011 JIHAD DHIAB, DETAINEE, GUANTANAMO BAY NAVAL STATION AND SHAKER AAMER, AS NEXT FRIEND OF JIHAD DHIAB, APPELLEES v. DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., APPELLANTS

FLAUM, Circuit Judge. Commodity trading advisors are required to register with the Commodity Futures Trading Commission (“CFTC” or “the Commission”) pursuant to 7 U.S.C. § 6m(l) — a provision of the Commodity Exchange Act. This requirement probably would not have drawn objection if it was limited to purveyors of personalized, client-specific trading advice. The language of the reg

JERRY E. SMITH, Circuit Judge: The Procter & Gamble Company (“P&G”) appeals the dismissal of its lawsuit against Amway Corporation and other defendants for defamation, fraud, and violations of the Lanham Act, RICO, and *542 Texas state law. We affirm in part, reverse in part, and remand. </

138 S.E.2d 402 (1964) 262 N.C. 716 Minnie Brown LUTHER v. NATIONWIDE MUTUAL INSURANCE COMPANY. Joe Emmitt LUTHER v. NATIONWIDE MUTUAL INSURANCE COMPANY. No. 260. Supreme Court of North Carolina. November 4, 1964. *404 Spruill, Trotter, Biggs & Lane, William L. Thorp, Jr., Rocky Mount, for p

OPINION VAIDIK, Judge. Case Summary In April 2006, central Indiana suffered a large hailstorm. Joseph Radcliff formed a company to repair the storm-damaged homes. State Farm Fire & Casualty Company began denying many of its policyholders’ claims even though other insurance companies were paying similar claims. Radcliff and hi