| Recent Verdicts and Judgments |
|
Thomas Mink v. Susan Knox
|
|
Thomas Mink appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint against Susan Knox, a deputy district attorney, on qualified immunity grounds. We reverse.
I.
Mr. Mink, a student at the University of Northern Colorado (“UNC”), created a fictional character, “Junius Puke,” for the editorial column of his internet-based journal, The Howling Pig.1 Mink ... More $0 (07-29-2010 - CO)
|
|
Board of Trustee of the University of Illinois v. Organon Tekinika Corporation, L.L.C.
|
|
Organon Teknika, a subsidiary of the pharmaceutical manufacturer Merck & Co., licenses from the University of Illinois some intellectualproperty rights needed to make Tice BCG, a drug for ® cancer. The royalty that the University receives depends on what Organon Teknika collects from its customers.
Because the license allows Organon Teknika to sell to affiliated firms, the University was c ... More $0 (07-28-2010 - IL)
|
|
Medicine Shoppe Intnl. v. Turner Investments
|
|
Medicine Shoppe International, Inc. ("MSI") filed a claim with the American Arbitration Association against Donnie Turner, president of Turner Investments, Inc., and Turner Investments, Inc. (collectively, "Appellants"), for an alleged violation of a franchise agreement between MSI and Appellants. MSI sought, inter alia, lost future profits and future license fees. The arbitrator granted MSI all i ... More $0 (07-28-2010 - MO)
|
|
John T. Jones Construction Co. v. Hoot General Construction Co,
|
|
Hoot General Construction appeals the district court's1 verdict against it and in favor of John T. Jones Construction in an action brought on a contract between the two companies. Jones, in turn, appeals the district court's refusal to award certain liquidated damages and the district court's decision not to award attorneys fees related to claims against third parties. We affirm.
I
T ... More $0 (07-28-2010 - IA)
|
|
Cindy Rote v. Titan Tire Corporation
|
|
Cindy Rote has been seeking long-term disability benefits from Titan Tire Corporation (“Titan”) for over eight years. Rote began working at Titan’s plant on November 7, 1984, and joined the union. In 1997, Rote had surgeries to replace the joints in both of her thumbs. In April 1998, while she was still recovering from surgery, the union went on strike. The strike ended in October 2001. Rote ... More $0 (07-28-2010 - IA)
|
|
Francisca Torress v. Dale White and City of Tulsa
|
|
Torres Gomez was shot to death by now retired Tulsa Police Officer Dale White in 2007 after Gomez jumped out of a back window and fled when officers knocked on his apartment door seeking information about two armed robbery in the neighborhood. Gomez was not a suspect but was afraid of police officers because of previous problems with the law. Francisca Torress, Gomez' mother, sued Officer White o ... More $0 (07-28-2010 - OK)
|
|
Camille Gburek v. Litton Loan Servicing, L.P.
|
|
Litton Loan Servicing (“Litton”) serviced a mortgage on a home owned by Camille Gburek. When Gburek fell behind on her mortgage payments, Litton sent her a letter offering to discuss ways she could avoid losing her home in foreclosure and asking for her current financial information. A few days later, Gburek received a letter from Titanium Solutions (“Titanium”) on behalf of Litton; this l ... More $0 (07-27-2010 - IL)
|
|
Bruce Roger Mills v. City of Grand Forks
|
|
Bruce Roger Mills brought a federal civil rights action under 42 U.S.C. § 1983 against the City of Grand Forks (“City”), claiming that the City, fining him for a traffic violation under a city ordinance, with the fine exceeding the amount of money authorized under North Dakota state law, violated various federal constitutional rights. He claims violations of due process of law, equal protecti ... More $0 (07-27-2010 - ND)
|
|
Robert M. Anderson v. AON Corporation
|
|
Investors injured by fraud may recover under federal securities law only if the deceit caused them to purchase or sell securities. Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 (1975). This purchaser-seller rule limits implied private rights of action but not the substantive requirements of federal law. Fraud is unlawful, see §10(b) of the Securities Exchange Act of 1934, 15 U.S.C. §78j ... More $0 (07-26-2010 - IL)
|
|
Bonnie Clusiau v. Clusiau Enterprises, Inc.
|
|
¶1 We hold under the circumstances presented that a judgment rendered in a small claims case is not entitled to collateral estoppel effect in a subsequent action in superior court.
FACTS AND PROCEDURAL BACKGROUND
¶2 Bonnie Clusiau is the widow of Arthur Clusiau, the founder of Clusiau Enterprises, Inc. (“CEI”). According to the record, shortly before he died in 1986, Arthur ... More $0 (07-26-2010 - )
|
|
Reginald Nelson v. Pearson Ford Co.
|
|
In this case, Pearson Ford Co., an automobile dealer, backdated a contract it had entered into with Reginald Nelson, the vehicle buyer. Backdating the contract rendered inaccurate the disclosed annual percentage rate (APR), and resulted in Nelson paying interest for a time period that no contract existed. Pearson Ford also failed to list in the contract Nelson's purchase of automobile liability in ... More $0 (07-25-2010 - )
|
|
The City of Round Rock v. Jaime Rodriguez
|
|
This employment dispute stems from appellant Round Rock Fire Chief Larry Hodge's denial of appellee fire fighter Jaime Rodriguez's request for representation by appellee the Round Rock Fire Fighters Association (the "Association") at an internal investigatory interview in which Rodriguez was being questioned concerning a complaint against him. Rodriguez and the Association filed suit against appe ... More $0 (07-25-2010 - )
|
|
Mark Richards v. Transocean, Inc.
|
|
This appeal arises out of allegations of negligence in allowing piracy and hostage taking at sea. Our task is to construe the specific ground upon which defendant and appellee Transocean, Inc. moved for a no‑evidence summary judgment. The district court granted the motion, and the plaintiffs bring three issues on appeal. Because Transocean motion for summary judgment failed to address a theor ... More $0 (07-24-2010 - TX)
|
|
Todd Esse v. Empire Energy, III, LTD.
|
|
Appellants, Brent and Todd Esse and 5E Oil and Gas Corporation (collectively the Esses), appeal the trial court’s July 15, 2008 judgment against them in the breach of contract action filed by appellees, Empire Energy III, Ltd. (Empire), BP American Production Company (BP), and Kenneth Havis as the trustee in liquidation for Westgate Energy Partners, Inc. (Westgate). In five issues, the Esses ar ... More $0 (07-24-2010 - TX)
|
|
Kristine Thayer v. Eastern Maine Medical Center
|
|
Dr. Kristine Thayer sued Eastern Maine Medical Center for asking her to improve her behavior in an employee corrective action plan. Plaintiff claimed that Defendant wrongfully asked her to modify what was characterized as "disruptive behavior" in the hospital operating rooms. Plaintiff also alleged that Defendant retaliated against her for expressing concerns about another surgeon's care and comm ... More $0 (07-24-2010 - ME)
|
|
Kristeen Klaas v. ValleyCare Medical System
|
|
Kristeen Klaas sued ValleyCare Medical System on a wrongful termination theory claiming that she was retaliated against for complaining about patient safety issues in the operating rooms at the hospital where she had worked for 15 years. Klaas resigned from her job in distress in May of 2008 after she made numerous safety complaints.
The defenses asserted by the defendants are not available ... More $344,198 (07-24-2010 - CA)
|
|
Chris Romero, Roger Bodine and Dave Valdez v. Yellowstone County, et al.
|
|
Yellowstone County, Montana Deputies Chris Romero, Roger Bodine and Dave Valdez sued Yellowstone County, Jay Bell, Chuck Maxwell, Richard Brennan and Bill Michaelis on civil rights violation theories under 42 U.S.C. 1983 claiming that they were discriminated against for exercising their free speech rights and then retaliated against them for complaining.
In 2005, Defendants received a tip t ... More $945,000 (07-24-2010 - MT)
|
|
Ronald Portis v. City of Chicago, Illinois
|
|
The City of Chicago occasionally makes custodial arrests of persons who have committed offenses that are punishable by fines but not imprisonment. From May 2, 2000, through May 31, 2004, the City’s police made approximately a million arrests.
Of these, some 36,000 were for fine-only offenses, such as disorderly conduct, gambling, peddling without a license, failing to stop a car at a stop ... More $0 (07-23-2010 - IL)
|
|
Eyeblaster, Inc. v. Federal Insurance Company
|
|
Eyeblaster, Inc. (“Eyeblaster”) appeals from an adverse entry of summary judgment in its action against Federal Insurance Company (“Federal”) arising out of Federal’s denial of coverage under two insurance policies. A computer user sued Eyeblaster, alleging that Eyeblaster injured his computer, software, and data after he visited an Eyeblaster website. Eyeblaster tendered the defense of ... More $0 (07-23-2010 - MN)
|
|
Sharin S. Anderson v. Alyeska Pipeline Service Co.
|
|
An employee of Doyon Universal Services sustained a head injury while working at a pipeline pump station. She applied for and received workers’ compensation benefits for the injury. She also brought a tort suit against Alyeska Pipeline Service Company, the operator of the pipeline pump station, alleging that its negligence was a proximate cause of her injuries. Alyeska sought summary judgment in ... More $0 (07-23-2010 - AK)
|
|
Matell, Inc. v. MGA Entertainment, Inc.
|
|
Who owns Bratz?
I
Barbie was the unrivaled queen of the fashion-doll market throughout the latter half of the 20th Century. But 2001 saw the introduction of Bratz, “The Girls With a Passion for Fashion!” Unlike the relatively demure Barbie, the urban, multiethnic and trendy Bratz dolls have attitude. This spunk struck a chord, and Bratz became an overnight success. Mattel, which ... More $0 (07-23-2010 - CA)
|
|
Carlton Jackson v. Betty Holmes Anthony
|
|
On September 18, 2008 a trial was held on an action for specific performance of a contract. After the trial, but prior to the filing of the judgment, Defendant filed a Motion to Admit and Consider Newly Discovered Evidence on December 8, 2008. The trial court filed a judgment in Plaintiff’s favor with the Clerk on July 2, 2009. On July 9, 2009, Defendant filed a Motion for Rehearing. The Motion ... More $0 (07-23-2010 - FL)
|
|
Barbara McKenzie v. Mental Health Care, Inc.
|
|
In this workers’ compensation appeal, we are required to interpret section 440.093, Florida Statutes, enacted by the Florida Legislature as part of the 2003 Chapter 440 reforms. Section 440.093 discusses the four situations when mental or nervous injuries arise. Because both parties appear to have misunderstood how the chapter now handles these types of claims, we reverse and remand this matter ... More $0 (07-23-2010 - FL)
|
|
Denise Hodes v. Diagnosic Experts of Texas, Inc.
|
|
Diagnostic Experts of Austin, Inc. ("Diagnostic") filed a writ of garnishment seeking the release of funds from a trust created after the sale of property belonging to Denise Hodes. (1) See Tex. R. Civ. P. 658. In response, Denise filed a motion to dissolve the writ of garnishment. See id. R. 664a. Ultimately, the district court denied Denise's motion and determined that Diagnostic was entitled ... More $0 (07-23-2010 - TX)
|
|
Melody Strauss v. Robert Belt
|
|
Melody Strauss sold property that she owned to Joseph Gitlin in 1985. In 2001, various taxing entities filed suit against Strauss and Gitlin for back taxes that were owed on the property. Specifically, the entities sought back taxes for years 1984 to 2001. In May 2002, the district court entered a judgment holding Strauss liable for the taxes owed for 1984 and 1985 and holding Gitlin liable for t ... More $0 (07-23-2010 - TX)
|
|
Thomas Ed Cole v. Anadarko Petroleum Corporation and Permian Basin Joint Venture, LLC
|
|
This suit arises out of a surface use dispute between the owners of the JY Ranch, Thomas Ed Cole and Roy Franklin Cole (the Coles), and the operators of a waterflood partially situated on that ranch. The trial court granted multiple motions for partial summary judgment and certified an interlocutory appeal. We affirm in part and reverse and remand in part.
I. Background Facts
... More $0 (07-23-2010 - TX)
|
|
Sea Mist Council of Owners v. The Board of Adjustments of the Town of South Padre Island Texas
|
|
Appellant, Sea Mist Council of Owners ("Sea Mist"), appeals an order of the trial court granting summary judgment in favor of the intervenors, Palms Investment Group, Ltd. and PRM Management Company ("Palms"). By two issues, Sea Mist urges that the trial court erred in granting the summary judgment because the Board of Adjustments of the Town of South Padre Island ("Board of Adjustments") erred i ... More $0 (07-23-2010 - TX)
|
|
Yolanda Martinez v. Juan Castaneda and Jesusa Castaneda
|
|
This appeal involves a dispute regarding the alleged sale of real property situated in La Feria, Cameron County, Texas. After a bench trial, the trial court entered a judgment in favor of appellees, Juan and Jesusa Castaneda a/k/a Jesusita Castaneda, stating that: (1) a contract existed between the parties for the purchase of the real property; (2) the Castanedas had fully performed under the con ... More $0 (07-23-2010 - TX)
|
|
Holman Street Baptist Church v. Limas Jefferson
|
|
Holman Street Baptist Church appeals from a judgment notwithstanding the verdict (JNOV) favoring Limas Jefferson. Jefferson initially sued Holman Street seeking a declaratory judgment that because the statute of limitations had run on a promissory note signed by Jefferson, Jefferson was entitled to the return of stock given to Holman Street as collateral. Holman Street then filed a counterclaim ... More $0 (07-23-2010 - TX)
|
|
Securities and Exchange Commission v. Dell, Inc.
|
|
1. The SEC brings this action for various disclosure and accounting violations involving Dell Inc. ("Dell") from 2001 to 2006. Dell's disclosure violations, which relate primarily to Dell's receipt oflarge payments from Intel Corporation ("Intel"), fraudulently misrepresented the basis for Dell's impr~ving profitability. Dell's separate fraudulent and improper accounting during this tirrie period ... More $100,000,000 (07-23-2010 - DC)
|