U.S. Supreme Court

Empire Healthchoice Assurance, Inc. v. McVeigh (06/15/06 - No. 05–200)

Dismissal, for want of subject-matter jurisdiction, of petitioner-carrier's suit seeking recovery from the proceeds of state-court litigation for a beneficiary's medical care is affirmed since 28 U.S.C. section 1331, authorizing jurisdiction over "civil actions arising under the...laws...of the United States," did not encompass the carrier's action.

http://laws.lp.findlaw.com/us/000/05200.html

U.S. 2nd Circuit Court of Appeals

Sole Resorts, S.A. De C.V. v. Allure Resorts Mgmt., LLC (06/13/06 - No. 05-5786)

Dismissal of petition to vacate an arbitration award for lack of personal jurisdiction under New York's long-arm statute is vacated and remanded in order that the district court may address in the first instance whether the parties' contacts with New York that gave rise to the arbitration were sufficient to establish jurisdiction under New York's long-arm statute.

http://caselaw.lp.findlaw.com/data2/circs/2nd/055786p.pdf

U.S. 5th Circuit Court of Appeals

Capitol Indem. Corp. v. US (06/13/06 - No. 0420966cv0p.pdf)

Summary judgment for the government in a wrongful levy action brought by plaintiff-surety is reversed and judgment is rendered in favor of plaintiff where the government did not show that the liable taxpayer, a prime contractor on a public improvement project, had a right to the property levied against.

http://caselaw.lp.findlaw.com/data2/circs/5th/0420966cv0p.pdf

Citifinancial Corp v. Harrison (06/15/06 - No. 04-60979)

In a dispute involving a loan agreement, plaintiffs' appeal from an order compelling arbitration and staying underyling proceedings is dismissed for lack of jurisdiction under the circumstances.

http://caselaw.lp.findlaw.com/data2/circs/5th/0460979cv0p.pdf

U.S. 6th Circuit Court of Appeals

Shields v. Gov't Employees Hosp. Ass'n, Inc. (06/16/06 - No. 05-1037)

Summary judgment for plaintiff against an insurer in a declaratory action to determine coverage for medical expenses arising out of plaintiff's automobile accident is affirmed where the district court properly found that plaintiff's no fault automobile insurance policy with defendant-insurer obligated it to cover the costs at issue.

http://caselaw.lp.findlaw.com/data2/circs/6th/051037p.pdf

U.S. 7th Circuit Court of Appeals

Gaffney v. Riverboat Servs. of Indiana (06/16/06 - No. 04-3829)

District court's judgment in an employment retaliation suit is affirmed in part where: 1) plaintiffs were discharged in retaliation for correspondence protected under 46 U.S.C. 2114; 2) calculation of plaintiffs' remedies was correct; and 3) one defendant did not have an obligation to indemnify another. Judgment is reversed in part where: 1) one defendant did not engage in retaliation; and 2) two additional plaintiffs were entitled to protection under the statute.

http://caselaw.lp.findlaw.com/data2/circs/7th/043829p.pdf

U.S. 8th Circuit Court of Appeals

Star Tribune Co. v. Minnesota Newspaper Guild Typographical Union (06/12/06 - No. 05-3955)

In a dispute involving the alleged publishing of expert freelance articles in a section of a newspaper reserved solely for the work of union members, confirmation of abitration award in favor of a union is affirmed where the arbitrator reasonably interpreted the collective bargaining agreement at issue.

http://caselaw.lp.findlaw.com/data2/circs/8th/053955p.pdf

AIG Centennial Ins. Co. v. Fraley-Landers (06/13/06 - No. 05-2918)

Arkansas law does not require any showing of prejudice to an insurer when an insured fails to give the insurer notice of loss, and the giving of notice was made a condition precedent to coverage.

http://caselaw.lp.findlaw.com/data2/circs/8th/052918p.pdf

Berkley v. Dillard's Inc. (06/14/06 - No. 05-3523)

Dismissal with prejudice of plaintiff's racial harassment, retaliation, and related claims against her former employer following compelled arbitration of the claims is affirmed where there was no error in compelling the arbitration since plaintiff had accepted the terms of defendant's arbitration plan by continuing her employment, and her claims fell within the scope of the agreement.

http://caselaw.lp.findlaw.com/data2/circs/8th/053523p.pdf

Tamko Roofing Prods., Inc. v. Smith Eng'g Co. (06/16/06 - No. 04-3913)

In an action arising from contracts for the sale and service of certain pollution control devices, a judgment for defendant-corporation on plaintiff's claims for tortious interference and prima facie tort, and a refusal to pierce the corporate veil of defendant's subsidiaries are affirmed where plaintiff failed to establish sufficient evidence as to the claims.

http://caselaw.lp.findlaw.com/data2/circs/8th/043913p.pdf

The Baker Group v. Burlington N. & Santa Fe Ry. Co. (06/16/06 - No. 04-4104)

In an action against a railway company asserting contract and tort claims arising out of a railcar lease agreement, pretrial rulings and judgment as a matter of law in favor of defendant are affirmed over claims of error regarding: 1) certain tried claims; 2) tort claims; 3) contract claims for returned railcars; and 4) an indispensable party issue. Plaintiff's attorneys' separate appeal seeking expungement of statements made about them by a judge is dismissed as untimely.

http://caselaw.lp.findlaw.com/data2/circs/8th/044104p.pdf

Baer Gallery, Inc. v. Citizen's Scholarship Found. of Am., Inc. (06/16/06 - No. 05-2620)

In a dispute involving the use of plaintiff-art gallery's flag image, summary judgment for defendant, an educational scholarship program, on claims of fraud and breach of contract is affirmed where plaintiff's fraud claims failed as a matter of law, and there was no breach of contract by defendant.

http://caselaw.lp.findlaw.com/data2/circs/8th/052620p.pdf

LeMay v. US Postal Serv. (06/16/06 - No. 05-3515)

Dismissal for lack of subject matter jurisdiction of a putative class action against the United States Postal Service alleging breach of a federal common law contract involving Priority Mail is affirmed where the district court properly determined that the matter was a common dispute over rates and services, and authority over such matters lay in the Postal Rate Commission.

http://caselaw.lp.findlaw.com/data2/circs/8th/053515p.pdf

U.S. 9th Circuit Court of Appeals

Marder v. Lopez (06/12/06 - No. 04-55615)

Dismissal under Federal Rule of Civil Procedure 12(b)(6) of plaintiff's copyright and related claims involving the movie "Flashdance" is affirmed where: 1) a general release precluded plaintiff from asserting a copyright interest in "Flashdance"; and 2) plaintiff was barred from bringing an infringement claim against Sony and Jennifer Lopez.

http://caselaw.lp.findlaw.com/data2/circs/9th/0455615p.pdf

ZiLOG, Inc. v. Corning (06/15/06 - No. 04-15787, 04-15794)

A bankruptcy court's decisions are reversed as to: 1) grant of summary judgment to a bankruptcy debtor on female employees' sex discrimination claims; 2) discharge of the employees' statutory, contract and tort claims; 3) a permanent injunction against the employees' pursuit of those claims; 4) a determination that the women failed to show excusable neglect for not filing those claims on time; and 5) an award of sanctions.

http://caselaw.lp.findlaw.com/data2/circs/9th/0415787p.pdf

U.S. 11th Circuit Court of Appeals

Guerra v. Fernandez-Rocha (06/12/06 - No. 06-10159)

Dismissal of adversary complaint, brought based on debtor's failure to comply with Florida's Financial Responsibility Act, is affirmed where the debt in issue is dischargeable in bankruptcy.

http://caselaw.lp.findlaw.com/data2/circs/11th/0610159p.pdf

HI Ltd. P'ship v. Winghouse of Fla., Inc. (06/15/06 - No. 05-10074)

Judgment against plaintiffs on their claims of trade dress infringement, trade dress dilution, and unjust enrichment, and judgment for one counter-claimant that a settlement agreement barred plaintiffs from bringing the present suit, are affirmed, as plaintiffs' claims fail as a matter of law. Where plaintiffs failed to file a postverdict motion regarding the settlement, they cannot raise it on appeal.

http://caselaw.lp.findlaw.com/data2/circs/11th/0510074p.pdf

U.S. Court of Appeals for the Federal Circuit

Panduit Corp. v. HellermannTyton Corp. (06/12/06 - No. 05-1337)

In a contract and patent case involving multi-channel wiring raceway systems, summary judgment for defendant finding that it had not breached a settlement agreement between the parties is affirmed where there was no genuine issue of material fact that the accused device did not meet the plain language of a portion of the agreement, nor infringe a claim of the patent as specified in the agreement.

http://caselaw.lp.findlaw.com/data2/circs/fed/051337p.pdf

Gose v. US Postal Serv. (06/14/06 - No. 05-3272)

A decision of the Merit Systems Protection Board upholding the removal of petitioner from his position as city carrier with the U.S. Postal Service is reversed pursuant to his claim that the Board erred in its interpretation of a Postal Service regulation that prohibits employees from drinking "in a public place" while in uniform.

New York Court of Appeals

King v. Fox (06/13/06 - No. 27)

In answer to certified questions from U.S. Court of Appeals for the Second Circuit: 1) New York law permits a client to ratify an attorney's fee agreement during a period of continuous representation; 2) such ratification is possible if attorney misconduct occurs during the period of continuous representation, so long as the client's acquiescence is not procured as a result of the misconduct; and 3) a fully informed client with equal bargaining power who knowingly and voluntarily affirms an existing fee arrangement that might otherwise be considered voidable as unconscionable, can ratify the agreement so long as the client has both a full understanding of the facts that made the agreement voidable and knowledge of his or her rights as a client.

http://caselaw.lp.findlaw.com/data/ny/cases/app/27opn06.pdf

Supreme Court of Texas

Seagull Energy E&P, Inc. v. Eland Energy, Inc. (06/16/06 - No. 04-0662)

In an oil and gas lease dispute, a court of appeals judgment reversing a trial court judgment in favor of an operator is reversed where an operating agreement did not expressly provide that respondent-seller's obligations under the operating agreement should terminate upon assignment, and the operator did not expressly release respondent following the assignment of its working interest.

http://caselaw.lp.findlaw.com/data2/texasstatecases/sc/040662.pdf

In re Dallas Peterbilt, Ltd. (06/16/06 - No. 05-0706)

A writ of mandamus is conditionally granted where the trial court abused its discretion in denying an employer's motion to compel arbitration of claims filed by its former employee since the parties entered into a binding arbitration agreement that covered plaintiff's claims for race discrimination, retaliation, tortious interference, defamation, and intentional infliction of emotional distress.

http://caselaw.lp.findlaw.com/data2/texasstatecases/sc/050706.pdf

California Appellate Districts

Consulting Eng'rs & Land Surveyors of Cal., Inc. v. Professional Eng'rs In Cal. Gov't (06/14/06 - No. C048282)

Writ of mandate enjoining requirement that the state, with certain exceptions, make every effort to use state employees to perform architectural and engineering services for public works projects, before resorting to contracts with private companies, is affirmed where requirement conflicts with state constitution and implementation would: 1) disrupt ongoing public works projects and waste public funds by terminating existing contracts; 2) produce great and irreparable injury to the public and to the parties to existing architectural and engineering services contracts; and 3) result in the loss of benefits that would flow to the public from such future contracts.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/c048282.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/c048282.pdf

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