Parsons & Whittemore Enterprises Corporation sued Cello Energy; LLC, Biofuels Operating Co.; LLC, Boykin Trust, LLC; Allen Boykin; Jack W. Boykin on a fraud theory claiming that defendants falsely claimed that they could produce cheap fuel from hay, waste wood and other materials. Plaintiff claimed that Cello Energy built and staffed a plant, but More...  (07-02-2009 - AL)

We are asked in this appeal to determine whether an action will lie under 42 U.S.C. § 1983 to challenge the treatment Appellant’s decedent received (or did not receive) at the Appellee nursing home – treatment Appellant argues violated the Federal Nursing Home Reform Amendments (FNRA), 42 U.S.C. § 1396r et seq. We answer that question in the affirmative and will reverse and remand the cause ...More...   $0 (07-03-2009 - PA)

Michael Filozof sued Monroe Community College on a civil rights violation theory under 42 U.S.C. 2000e claiming that he was fired from his faculty member job at Monroe Community College for expressing strong support for former President George W. Bush and the Iraq war. Plaintiff sought lost wages and back pay, punitive damages, civil penalties, and reinstatement.

Defendant denied that it ...More...   $0 (07-03-2009 - )

Mary Roser, the mother of Mita Smith, sued Dr. Richard Aizpuru, Elmer L. Kruger, Gretchen A. Moen and St. Paul Radiology, P.A. on a medical negligence theory (medical malpractice) claiming that Ms. Smith's heart was damaged by a combination of local anesthetics and sedatives in excessive amounts caused her death. Plaintiff claimed that her daughter, age 23, had been in good health before undergoi ...More...   $220,000 (07-03-2009 - MN)

Horizon Construction Company, Inc. sued Oklahoma Transportation Authority on a breach of contract theory.

The claims made and defense asserted are not available. ...More...   $599,500 (07-02-2009 - OK)

US Bank National Association, as Indenture Trustee, sued Eva Maureen Bloomer and Dudley G Rhode on breach of contract theories seeking to foreclose on the property secured by a debt.

The specifics of the claims made and defenses asserted are not available. ...More...   $22,844 (07-02-2009 - OK)

In 2002, then-Boston Police Commissioner Paul Evans terminated William Broderick as a police captain in the Boston Police Department. Broderick sued and in the district court a jury returned a verdict against Evans under 42 U.S.C. § 1983 (2006) and against the City of Boston under the Massachusetts whistle blower statute, Mass. Gen. Laws ch. 149, § 185 (2009). The defendants now appeal and Brode ...More...   $0 (07-02-2009 - MA)

Parsons & Whittemore Enterprises Corporation sued Cello Energy; LLC, Biofuels Operating Co.; LLC, Boykin Trust, LLC; Allen Boykin; Jack W. Boykin on a fraud theory claiming that defendants falsely claimed that they could produce cheap fuel from hay, waste wood and other materials. Plaintiff claimed that Cello Energy built and staffed a plant, but never accomplished what Boykin had long promised†...More...   $7,604,537 (07-02-2009 - AL)

Larry Reece sued Home Depot on a negligence theory claiming that he fell and suffered neck and spine injuries after a pallet of plywood fell 24 feet from a forklift and hit him. Plaintiff's medical expenses were about $120,000, including surgery to repair herniated discs. Reece claimed that he was not able to return to work in the construction industry because of his injuries.

The defense ...More...   $1,500,000 (07-02-2009 - GA)

Leo R. Villegas sued Roger Williams Medical Center in Providence, Rhode Island on a medical negligence (medical malpractice) theory claiming that hospital personnel failed to exercise due care in caring for him and, as a direct result, he fell out of a hospital bed and fractured a hip. Plaintiffs claimed that hospital personnel failed to activate the bed alarm and failed to properly train its staf ...More...   $4,990,000 (07-02-2009 - )

Lisa Sheen, age 32, sued the Mainstay Cooperative after she bought an apartment in the building in Flushing in 2004. She claimed that she was discriminated against by the Board of Directors because she is Chinese. She claimed that the Board began a campaign against her and that her boss was told that she should "live with her people" and tried to evict her over repairs other tenants performed wi ...More...   $225,000 (07-02-2009 - NY)

Byron Chapman (“Chapman”) sued Pier 1 Imports (U.S.), Inc. (“Pier 1 Imports”) under the Americans with Disabilities Act, (“ADA”) 42 U.S.C. §§ 12101 et seq., the Unruh Civil Rights Act, Cal. Civ. Code §§ 51 et seq., and the Disabled Persons Act, Cal. Civ. Code §§ 54 et seq., after visiting Pier 1 Imports’s Vacaville, California location (the “Store”) and encountering five ac ...More...   $0 (07-01-2009 - CA)

Raymond Lance Briggs sued the Oklahoma Department of Human Services and Youth Services of Eastern Oklahoma for the wrongful death of his daughter, Kelsey Smith-Rogers. He claimed that his daughter was killed by her mother and step-father who abused her physically and that Defendants failed to protect her from that abuse even though it was known to be occurring. Plaintiff alleged a "systemic failu ...More...   $625,000 (07-01-2009 - OK)

We hold that an employee who, on behalf of himself and other employees, sues an employer under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.) for Labor Code violations must satisfy class action requirements, but that those requirements need not be met when an employee‘s representative action against an employer is seeking civil penalties under the Labor Code Private Attorneys G ...More...   $0 (06-29-2009 - CA)

After certification by the appellate division of the superior court, this court ordered the present appeal, six individual cases which have been consolidated, transferred to it. (Cal. Rules of Court, rules 8.1002 and 8.1005.) The respondents are six laborers who worked for an unlicensed drywall subcontractor, Humberto Figueroa Drywall Company (Humberto). Donald Sanders, doing business as Sanders C ...More...   $0 (06-29-2009 - CA)

In this case, the appellant, Robert G. Chiu aka Chih Yuan Chiu (Robert), seeks reversal of a judgment entered in favor of the respondent, Vigilant Insurance Company (Vigilant). Robert claims that Vigilant cannot obtain a judgment in this action since he has already been ordered to pay restitution as part of his criminal sentence for grand theft and that the restitution order includes the same amou ...More...   $0 (06-29-2009 - CA)

An employer is entitled to adopt a policy specifying “the amount of vacation pay an employee is entitled to be paid as wages,” depending on length of service. (Suastez v. Plastic Dress-Up Co. (1982) 31 Cal.3d 774, 783 (Suastez).) The law permits an employer to offer new employees no vacation time: If an express written company policy forewarns new employees that their compensation package does ...More...   $0 (06-29-2009 - CA)

We are asked here to determine whether plaintiff‟s suit alleging the negligence of a public-entity health-care provider must comply with the statutes of limitations in both the Government Claims Act (Gov. Code, § 945.6) involving actions against public entities, and the Medical Injury Compensation Reform Act (MICRA) (Code Civ. Proc., § 340.5) governing medical negligence suits. Patricia Ann Ro ...More...   $0 (06-29-2009 - CA)

Plaintiff James S. Phelps, as trustee of the John Wilson Phelps Trust (trust), challenges the action of respondent Webster J. Guillory, Orange County Assessor (Assessor), in reassessing a shopping center complex (property) held by the trust upon the death of Wilson W. Phelps (Wilson), an income beneficiary of the trust, and the decision of respondent Orange County Assessment Appeals Board No. 1 (a ...More...   $0 (06-29-2009 - CA)

Randall Young, his wife, and their minor child have asserted health care liability and derivative claims and appeal the district court’s grant of summary judgment in favor of the defendants (collectively, Memorial) on the element of causation. We affirm.

I

Thirty-seven-year-old Randall Young, a Louisiana resident, attended a motocross event at Reliant Stadium in Houston, and during ...More...   $0 (06-29-2009 - TX)

In the fire department of New Haven, Connecticut—asin emergency-service agencies throughout the Nation—firefighters prize their promotion to and within the officerranks. An agency’s officers command respect within the department and in the whole community; and, of course, added responsibilities command increased salary andbenefits. Aware of the intense competition for promotions, New Haven, ...More...   $0 (06-29-2009 - CT)

The Monsanto Company (“Monsanto”) is a large-scale manufacturer of chemical products, including herbicides and pesticides. In the 1990s it began developing a variety of alfalfa that would be resistant to one of its leading herbicides. The United States Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHIS”), approved the genetically modified alfalfa in 2 ...More...   $0 (06-28-2009 - ca)

Glenda Ann Nixx, age 58, sued BP Chemical on a negligence theory claiming that she sustained disability injuries to her feet when she tripped and fell while walking out of a portable toilet in 2005. She claimed that an improperly installed grate outside the toilet near the BP Chemical docks in Galveston. She claimed that she was no longer able to work as a security guard after the injury and was ...More...   $743,000 (06-27-2009 - TX)

Derry Brown, Jr., age 65, sued National Casualty Co. on a bad faith breach of insurance contract for failing to pay benefits to him after he was paralyzed in an 2007 accident on State Road 80, when an unidentified vehicle ran a stop sign and cut off Brown, who was hauling a load of sugar in his 1998 Freightliner truck. Brown avoided hitting the unidentified vehicle but his truck ran off the road a ...More...   $14,600,000 (06-27-2009 - FL)

Dennis Davis, age 56, sued the Burlington Northern Santa Fe Railroad Company (BNSF) claiming that the company misled workers who were exposed to carcinogenic chemicals at a railroad tie-manufacturing plant in Somerville, in Burleson County east of Austin. The 100-year-old railroad tie-manufacturing plant is Somerville’s largest employer. Davis worked there from 1971 until 1995. He was diagnosed ...More...   $0 (06-27-2009 - Te)

Shermeker Pollard, individually and on behalf of Trellvion Gaines sued Sherwin-Williams Co. on a products liability theory claiming that her son was harmed as a direct result of having eaten lead-contaminated paint chips.

The defenses asserted by Sherwin-Williams are not available. ...More...   $7,000,000 (06-27-2009 - MS)

Ormco Corporation, et al. sued Align Technology, Inc. on a patent infringment theory claiming that Align's Invisalign teeth straightening system infringed on a patent held by its subsidary Danaher Corporation. ...More...   $1 (06-27-2009 - CA)

Defendants Moshen Tavoussi and Orange County Surgery Center, Inc., challenge the trial court‟s denial of their application under Code of Civil Procedure section 473 to vacate a $147,217.07 default judgment against them in favor of plaintiff Carmel, Ltd. (Carmel). Defendants contend the trial court erred when it determined defendants failed to file an attorney affidavit of fault and found they fa ...More...   $0 (06-26-2009 - CA)

This appeal concerns whether a defendant is entitled to attorney’s fees as a prevailing party under § 505 of the Copyright Act, 17 U.S.C. § 505, when a plaintiff voluntarily dismisses without prejudice a lawsuit containing copyright claims. In Corcoran v. Columbia Broadcasting System, Inc., 121 F.2d 575, 576 (9th Cir. 1941), we held a defendant in a copyright suit was a prevailing party and wa ...More...   $0 (06-26-2009 - CA)

In 1997, John Lonberg (“Lonberg”), a paraplegic, initiated a lawsuit against the City of Riverside (“City”), alleging vio- lations of the Americans with Disabilities Act (“ADA”) and its accompanying regulations. The district court divided the lawsuit into three phases. Phase one, the only phase at issue in this appeal, concerns Lonberg’s claim that the City’s plan to achieve ADA co ...More...   $0 (06-26-2009 - ca)

The City of Heflin sued Heflin and Tracy Lambert on a declaratory judgment theory seeking to establish the ownership of a street. The city claimed that Lambert and Ashton Place did not recognize Elliott Drive as a public road and there existed a dispute over ownership of portions of the street.


Defendants denied that the City owned the street and counterclaimed for $196,550 maintaining ...More...   $5,000 (06-26-2009 - AL)

Carol Salisbury sued Patricia Culver on an auto negligence theory seeking damages for the injuries and damages sustained by her in an auto accident in Centralia, Illinois in May 2005 when Culver ran into the rear of her car.

The defenses asserted by Culver are not available.

The claims made and defenses asserted by the parties are not available. ...More...   $8,400 (06-26-2009 - IL)

The Father of two girls molested by Paul Losee in 2002 brought suit for the damages sustained by the girls and by him. Plaintiff claimed that Defendant molested the girls many times. ...More...   $0 (06-26-2009 - LA)

State Farm General Insurance Company (State Farm) and Mimin Mintarsih both appeal a judgment in a declaratory relief action. Mintarsih sued State Farm‟s insureds, Dennis Lam and Dina Lam, in the underlying action for false imprisonment and other counts arising from her employment as a domestic servant. She obtained a judgment against the Lams for compensatory and punitive damages, statutory pena ...More...   $0 (06-25-2009 - CA)

This lawsuit arises from the efforts of defendant National Credit Acceptance, Inc. to collect a consumer debt from plaintiff Anastasiya Komarova that she did not owe. We review alleged debt collection abuse in the context of a mistaken identity case. Defendant appeals (A121316) from the judgment for plaintiff on jury verdicts finding defendant liable for violations of the Robbins-Rosenthal Fair De ...More...   $0 (06-25-2009 - ca)

Code of Civil Procedure1 section 1987.5 provides that “[i]n the case of a subpoena duces tecum which requires appearance and the production of matters and things at the taking of a deposition, the subpoena shall not be valid unless a copy of the affidavit upon which the subpoena is based and the designation of the materials to be produced, as set forth in the subpoena, is attached to the notice ...More...   $0 (06-25-2009 - CA)

The question presented by this case is whether an in-jured seaman may recover punitive damages for his employer’s willful failure to pay maintenance and cure.Petitioners argue that under Miles v. Apex Marine Corp., 498 U. S. 19 (1990), seamen may recover only those dam-ages available under the Jones Act, 46 U. S. C. §30104.We disagree. Historically, punitive damages have beenavailable and award ...More...   $0 (06-25-2009 - DC)

These consolidated cases arise from litigation that be-gan in Arizona in 1992 when a group of English Language-Learner (ELL) students in the Nogales Unified School District (Nogales) and their parents filed a class action, alleging that the State was violating the Equal Educational Opportunities Act of 1974 (EEOA), §204(f), 88 Stat.515, 20 U. S. C. §1703(f), which requires a State “to take app ...More...   $0 (06-25-2009 - AZ)

We must decide whether a distributor of Internet security software is entitled to immunity under the safe harbor provision of the Communications Decency Act of 1996, 47 U.S.C. § 230, from a suit claiming that its software interfered with the use of downloadable programs by customers of an online media company.

Zango, Inc. (Zango) is an Internet company that provides access to a catalog of ...More...   $0 (06-25-2009 - WA)

This appeal arises from the trial court‟s denial of a physician‟s petition to compel arbitration of the wrongful death action brought by the adult children heirs of his patient, Rafael Ruiz (Rafael).1 Alejandra Ruiz (Wife) and the four adult children, Alejandro, Ana, Diana, and Samuel (collectively referred to as the Adult Children) filed an action against Anatol Podolsky, an orthopedic surgeo ...More...   $0 (06-24-2009 - CA)

We must decide whether admiralty jurisdiction exists over tort claims by two women who were seriously injured when thrown off a jet-propelled Sea-Doo personal watercraft, allegedly operated negligently, on navigable waters in an area of San Diego’s Mission Bay that is reserved for the use of such vessels. The district court thought not, but we believe both the location of the accident and its co ...More...   $0 (06-24-2009 - CA)

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