Cases

MEMORANDUM *** The HT Litigation Trust (“the Trust”) appeals the district court’s order dismissing with prejudice the Trust’s first amended complaint for lack of standing and failure to sue in the name of the real party in interest. We affirm. “Dismissal with prejudice and without leave to amend is not appropriate unless it is clear, upon de novo review, that the complaint coul

MEMORANDUM *** The HT Litigation Trust (“the Trust”) appeals the district court’s order dismissing with prejudice the Trust’s first amended complaint for lack of standing and failure to sue in the name of the real party in interest. We affirm. “Dismissal with prejudice and without leave to amend is not appropriate unless it is clear, upon de novo review, that the complaint coul

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 701 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 702 OPINION As we explain anon, plaintiff in this difficult shareholder derivative suit must be given leave

FILE COPY SHARON KELLER DEANA WILLIAMSON PRESIDING JUDGE COURT OF CRIMINAL APPEALS CLERK (512) 463-1551

CELEBREZZE, Senior Circuit Judge. Claimant Jesse Adams petitions this court to review a final order of the Benefits Review Board (BRB or Board) denying his claim for benefits under the Black Lung Benefits Act (Act), 30 U.S.C. §§ 901-945 (1982). 1 Claimant Adams argues that the BRB erred in requiring him to prove that his

00-00432 Smithkline Beecham Clinical Laboratories v Lugo.wpd No. 04-00-00432-CV SMITHKLINE BEECHAM CLINICAL LABORATORIES, INC. and Jesse Alfaro Cortez, Appellants v. Estella Perez LUGO, Individually, and as Next Friend of Ada L. Lugo and Chelsie Rae Lugo, Minors, and Ada Perez,</

IN THE SUPREME COURT OF THE STATE OF ARIZONA ARANZI RAE JON WILLIS, Petitioner, v. HON. DEBORAH BERNINI, JUDGE OF THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF PIMA, Respondent Judge, STATE OF ARIZONA, Real Party in Interest.

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 10, 2015 STATE OF TENNESSEE v. JESSE ALLEN CHRISTMAN Appeal from the Criminal Court for Davidson County No. 2013-C-2643 Steve R. Dozier, Judge No. M2014-01885-CCA-R3-CD – Filed September 22, 2015 The Defendant-Appellant, Jesse Allen Christman, entered guilty pleas to aggravated assault an

STEPHEN A. HIGGINSON, Circuit Judge: The Burciagas defaulted on their home equity loan in 2011. In 2013, Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a hearing—as required, by Texas law—the state court entered a foreclosure order. Although Texas law expressly required that any challenge to the foreclosure order be made in a separate, original proc

595 F.3d 447 (2010) SERVICE EMPLOYEES INTERNATIONAL, INC., Insurance Company of the State of Pennsylvania, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAM, Respondent, Jesse Barrios, Claimant-Respondent. Docket No. 08-2515-ag. United States Court of Appeals, Second Circuit. Argued: October 7, 2009. Decided: February 18, 2010.

GOULD, Circuit Judge: Russell Holt received a conditional job offer from BNSF Railway Company ("BNSF") for the position of Senior Patrol Officer, contingent on Holt's satisfactory completion of a post-offer medical review. During that medical review, Holt disclosed that he had injured his back four years before, suffering a two-level spinal disc extrusion. Holt's primary care doctor, his chiropractor, and the doctor BNSF's subcont

720 F.Supp.2d 305 (2010) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. David LEE, Kevin P. Cassidy, Edward O'Connor, and Scott Connor, Defendants. Commodity Futures Trading Commission, Plaintiff, v. Kevin Cassidy, Edward O'Connor Optionable Inc., David Lee and Robert Moore, Defendants. CMEG NYMEX Inc., Plaintiff, v. Optionable Inc., Kevin Cassidy, Pierpont Capital, Inc., Edward O'Connor, Ridgecrest Capital Inc., and Ma

*695 Justice Willett delivered the opinion of the Court. A decade ago, we observed: “While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privi

SNEED, Circuit Judge: Appellants, a labor union, four of its officers, and one of its members, appeal from the judgment of the district court, entered after a jury verdict, holding them liable for violating Appellee Douglas Murray’s rights under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). Murray cross-appeals, claiming that the district court erred by granting directed verdicts in favor of the Appell

KELLY, Circuit Judge. Cutter Morning Star School District, Fountain Lake School District, Jessieville School District, Lake Hamilton School District, and Mountain Pine School District (the school districts) sought termination of the Garland County School Desegregation Case Comprehensive Settlement Agreement (the Agreement) and relief from the district court’s 1992 order enforcing

McMlLLIAN, Judge, concurring specially. Under Georgia’s long-standing conflict of laws jurisprudence, Georgia common law controls the issues in this case, but not because of the public policy exception to the lex loci delicti rule. Although I agree that the trial court’s order granting summary judgment to the Medical Center should be affirmed, I do not agree with all that is said in Division 1 of the majorit

Filed 2/16/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO In re A.A. et al., Persons Coming Under the Juvenile Court Law. RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, E079176 Plaintiff and Respondent, (Super. Ct. No. INJ1800358) v.

Electronically Filed Supreme Court SCMF-12-0000538 02-OCT-2017 01:56 PM NO. SCMF-12-0000538 S

978 F.2d 1529 141 L.R.R.M. (BNA) 2678, 123 Lab.Cas. P 57,151,RICO Bus.Disp.Guide 8142 Florian SEVER, Plaintiff-Appellee,v.ALASKA PULP CORPORATION; Dennis Huse; George Woodbury;Jesse Cline; Frank Roppel; George Ishiyama;Wayne Funk; Ralph Fenner,Defendants-Appellants.Florian SEVER, Plaintiff-Appellant,v.ALASKA PULP CORPORATION; Dennis Huse; George Woodbury;Jesse Cline; Fran

ORDER DENYING CLASS CERTIFICATION CHARLES R. BREYER, United States District Judge. This case has traveled a long road. Plaintiffs have spent over twelve years pursuing their claims that Wal-Mart discriminated against them and other women in making pay and promotion decisions. For a while, they succeeded in prosecuting the suit as a class action encompassing the claims of some 1.5 million women around t