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Recent Verdicts and Judgments
Guillermo Herrera v. Churchill McGee, LLC

Guillermo Herrera filed this lawsuit against his former employer, Churchill McGee, LLC, and its two owners (collectively, “Churchill McGee”), alleging discrimination and retaliation under state and federal law. The district court dismissed Herrera’s claims on the ground that Herrera had previously filed an administrative complaint alleging discrimination with a county human rights commission ... More   $0 (05-16-2012 - KY)

Russell W. Chavez v. Navajo Nation Tribal Courts

Russell W. Chavez is a member of the Navajo Nation, a federally recognized Indian Tribe. He filed in federal district court a pro se 42 U.S.C. § 1983 civil rights complaint against the Navajo Nation and various Tribal officials. Defendants moved to dismiss the case for failure to state a claim under Fed. R. Civ. P. 12(b)(6).

The district court dismissed the case for lack of jurisdiction. T ... More
   $0 (05-16-2012 - NM)

Michael Tomick v. United Parcel Service

The defendants, United Parcel Service, Inc., and Kevin Trudelle,1 appeal from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Michael Tomick. On appeal, the defendants claim that the court improperly (1) denied their motions to direct and to set aside the verdict with respect to the plaintiff’s claims of negligent infliction of emotional distress and viol ... More   $0 (05-16-2012 - CT)

Erik M. Pin v. David L. Kramer

The defendants, David L. Kramer, an orthopedic surgeon, and Danbury Orthopedic Associates, P.C., appeal, upon our grant of their petition for certification,1 from the judgment of the Appellate Court, reversing the judgment of the trial court in their favor, rendered after a jury trial in this medical malpractice action brought by the plaintiffs, Erik M. Pin and Carrie L. Pin.2 Pin v. Kramer, 119 C ... More   $0 (05-15-2012 - CT)

Charles D. Gianetti v. Norwalk Hospital

In this breach of contract action, which comes before the court for the third time in twentyfour years,1 the named defendant, Norwalk Hospital,2 appeals, and the plaintiff, Charles D. Gianetti, a retired plastic surgeon, appeals, from the judgment of the trial court rendered in favor of the plaintiff following a hearing in damages.3 On appeal, the hospital claims that the trial court improperly (1 ... More   $0 (05-15-2012 - CT)

Luis Patino v. Birken Manufacturing Company

The central issue presented by this appeal1 is whether General Statutes § 46a-81c (1)2 imposes liability on employers for failing to take reasonable steps to prevent their employees from being subjected to hostile work environments based on their sexual orientation. The plaintiff, Luis Patino, commenced this action against the defendant, his former employer, Birken Manufacturing Company, claiming ... More   $0 (05-15-2012 - CT)

Amber Shelton v. Arkansas Department of Human Services

Amber Shelton, as the administratrix of Brenda Shelton's estate, appeals the district court's1 dismissal of her civil action against several public officials and health professionals. The complaint alleges shortcomings in the way medical professionals at a state mental health facility responded after Brenda hanged herself while a patient at the facility. The complaint alleges state law tort claims ... More   $0 (05-15-2012 - AR)

Bobby Hankins v. Standard Insurance Company

Bobby Gene Hankins was denied long-term disability benefits by Standard Insurance Company. Hankins sought review of Standard's determination under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The district court granted Standard's 1 motion for summary judgment, finding Standard did not abuse its discretion. We affirm.

I.

Beginning in April 200 ... More
   $0 (05-15-2012 - AR)

Mai Roquemore v. E.R. Express

Nickie Donald died when an oversized twenty-eight-ton beam struck an overpass, fell off the back of the trailer transporting it, and crushed the cab of his truck, which was on the highway behind the trailer carrying the beam. Mai Roquemore, representing the estate of the decedent, brought a diversity wrongful death action. The district court granted motions for summary judgment in favor of three d ... More   $0 (05-14-2012 - MI)

Nasiruddin Khan v. Tarfa Fatimas

The International Child Abduction Remedies Act, 42 U.S.C. §§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980), entitles a person whose child has been removed from his custody (sole or joint) to the United States (usually by the other parent) to petition in federal or state court for t ... More   $0 (05-14-2012 - IL)

Pat Oman v. Portland Public Schools

We must decide, among other things, whether a parent may bring a claim for nominal damages under the Individuals with Disabilities Education Act.

I

\In the 1970s, there was considerable concern about the manner in which children with disabilities were educated in this country, particularly the tendency of educators to isolate them from their non-disabled peers. Congress responded by ... More
   $0 (05-14-2012 - OR)

Clyde Wallace v. Amanda Galbraith

Clyde Wallace, age 82, sued Amanda Galbraith, age 23, on an auto negligence theory claiming to have been injured in a car wreck caused Ms. Galbraith failing to exercise due care in the operation of her vehicle. Specifically, Plaintiff alleged that Ms. Galbraith was texting while driving. Wallace's vehicle was stopped on College Avenue in Edwardsville when it was hit by Galbraith's vehicle on Jan ... More   $0 (05-13-2012 - )

Kirk Deweese v. Georgia Port Authority

Kirk Deweese sued the Georgia Port Authority on an auto neligence respondeat superior theory claiming to have been injured in a two-vehicle car wreck that occurred at the Savannah Port in 2005. A Port Authority allegedly backed a into Deweese's truck injuring his neck, bank and hip. His injuries resulted in nine surgeries and left him disabled and unable to work as a longshoreman. ... More   $5,600,000 (05-12-2012 - GA)

Lynne Digaetano v. John M. Digaetano

The plaintiffs, Lynne DiGaetano, Michael John DiGaetano, Christopher D. DiGaetano, Scott M. DiGaetano, and Shauna Arsenault, appeal an order of the Superior Court (McHugh, J.) granting the motion in limine of the defendant, John M. DiGaetano, to exclude parol evidence. The defendant cross-appeals a prior order of the same Court (Nicolosi, J.) denying his motion to strike the plaintiffs’ notice o ... More   $0 (05-11-2012 - NH)

Regina Mbahaba v. Thomas Morgan d/b/a Property Management Services

The plaintiff, Regina Mbahaba, individually and as next friend of her minor daughter, Benita Nahimana, appeals orders of the Superior Court (McGuire and Tucker, JJ.). The orders dismissed the plaintiff’s direct claims against the defendant, Thomas Morgan, and granted summary judgment against her action seeking to pierce the limited-liability veil of a company managed by the defendant. We affirm ... More   $0 (05-11-2012 - NH)

Steven Palin v. JoAnne Palin

In this appeal, we are asked to decide whether a Family Court justice erred in finding that loans taken out by the defendant, JoAnne Palin, to pay for the college educations of her and the plaintiff’s, Steven Palin’s, children are not marital debt. JoAnne1 appeals from an amended decision pending entry of final judgment of divorce. She argues on appeal that the loans at issue should have been ... More   $0 (05-11-2012 - RI)

Teresa Soppet v. Enhanced Recovery Company, LLC

The Telephone Consumer Protection Act (TCPA or “the Act”), 47 U.S.C. §227, is well known for its provisions limiting junk-fax transmissions.

A less-litigated part of the Act curtails the use of automated dialers and prerecorded messages to cell phones, whose subscribers often are billed by the minute as soon as the call is answered—and routing a call to voicemail counts as answering ... More
   $0 (05-11-2012 - IL)

Steven Nicholson and Victoria Upsey v. Charles V. Touey

Steven Nicholson and Victoria Upsey, individually and as parents and next friends of Parrys Nicholson-Upsey sued Dr. Charles V. Touey on a medical negligence theory (medical malpractice) claiming that Defendant provided substandard care to them and their daughter in August 2008 when Victoria went to Pottstown Memorial Medical Center with complaints of abdominal pain during the end stage of her pre ... More   $78,500,000 (05-11-2012 - PA)

Maria Arenas Jordan v. Todd McLaughlin

Maria Arenas Jordan sued Erie New York police office Richard Romanski on a civil rights violation theory under 42 U.S.C. 1983 claiming that he and another officer improperly searched her home amid an early-moring serach of gunmen who had fled a Millcreek Township burglary on September 26, 2007.

Maria Jordan was setting in her family's van at about 2 a.m. getting ready to leave her home to ... More
   $4 (05-11-2012 - NY)

Oracle America, Inc. v. Google, Inc.

Oracle American sued Google, Inc. on a patent infringement theory claiming that Google infringed the overall structure, sequence and organization of Java for its Android iphone. ... More   $1 (05-11-2012 - CA)

Steven Schmidt v. Minnesota Power

Steven Schmidt, age 48, sued Lewis B. Oaksand Minnesota Power on an auto negligence respondeat superior theory claiming to have been seriously injured in a car wreck caused by a Minnesota Power employee that occurred on FEbruary 2, 2006. Plaintiff sustained a compound fracture of the tibia and fibula of his left legl, a knee dislocation and compound fracture of his left forearm.

Schmidt ... More
   $1,680,000 (05-11-2012 - MN)

Jiles Daniels v. Empty Eye, Inc., Empty Eye & Associates, L.P.

Jiles Daniels was sued by his former wife Judith Daniels and two of the former couple’s businesses for breach of fiduciary duty and breach of contract. A jury found that Jiles owed a fiduciary duty to the company in which he previously had been a limited partner and that he breached his fiduciary duty both to the limited partnership and to the corporation that served as the general partner. The ... More   $0 (05-11-2012 - )

Mary Frances Haferkamp v. Leonard Grunstein

The trial court granted Leonard Grunstein’s and Murray Forman’s special appearance in Mary Frances Haferkamp’s lawsuit against them. We affirm.

Background Facts

Appellant is a former employee of Mariner Healthcare Management Company. She filed suit against Mariner Healthcare Management Company; SSC Waco Greenview Operating Company, LP; SSC Pasadena Vista Operatin ... More
   $0 (05-11-2012 - TX)

Sophie f. Bronowiski Mulligna Irrevocable Trust v. Todd Arthur Bridges

“Either this wallpaper goes, or I do.”1 The plaintiff, the Sophie F. Bronowiski Mulligan Irrevocable Trust, appeals from a Superior Court judgment in its favor for $1,600, plus interest, in an action for breach of a residential lease agreement. The plaintiff’s complaint alleged that the defendant, Todd Arthur Bridges, a Brown University graduate student, breached his lease agreement by paint ... More   $0 (05-10-2012 - RI)

Rebecca L. Gushlaw v. Matthew J. Milner

The plaintiff’s appeal1 in this case presents this Court with an issue of first impression—does the driver of a motor vehicle, who is an adult but underage drinker, have a duty to protect third parties from the tortious conduct of an intoxicated individual he or she has agreed to transport, who is likewise an adult but underage drinker, by preventing that individual from subsequently operating ... More   $0 (05-10-2012 - RI)

Tara Ashley Suzanne Hutchings v. Patricia Ann Liles

Appellant Tara Hutchings appeals the adverse final judgment, after jury verdict, in her personal injury action. Following a vehicle collision which occurred on May 26, 2004, Appellant sought damages from the other driver for injuries Appellant claimed resulted from the collision. The jury found that the defendant was not negligent and the jury declined to award any damages. On appeal, Ms. Hutching ... More   $0 (05-10-2012 - FL)

Travelers Commercial Insurance Company v. Crystal Marie Harrington

Travelers Commercial Insurance appeals a summary final judgment entered for the appellee Crystal Harrington on her claim for uninsured motorist benefits. The summary judgment is affirmed as to the determination of coverage and stacking of the benefits under the Travelers policy of insurance. The judgment is reversed as to the award of such benefits because there are outstanding issues which might ... More   $0 (05-10-2012 - FL)

Marzett D. Kirk v. Rachellda E. Stevenson

Marzett D. Kirk sued Rachellda E. Stevenson on an auto negligence theory claiming:

COMES NOW the Plaintiff Marzett D. Kirk, hereinafter “Plaintiff;” and for her cause of action against the Defendant Racheilda E. Steverson, hereinafter “Defendant,” states as follows:

1. On or about October 25, 2010, in Oklahoma City, Oklahoma, Oklahoma County, the Defendant negligently dro ... More
   $1 (05-10-2012 - OK)

Florence Norene Craig v. Beeville Family Practice, L.L.P.

Florence Norene Craig appeals a take-nothing judgment rendered in favor of appellees, Beeville Family Practice, L.L.P. and Agarita Medical Clinic,1 in a premises liability case. We affirm.

I. BACKGROUND

On February 6, 2006, Craig gave her friend, Garnett Sellers, a ride to the Beeville Family Practice’s medical clinic (“Clinic”) in Beeville, Texas. Craig had taken Sellers t ... More
   $0 (05-10-2012 - TX)

Crown Pine Timber 1, L.P. v. Samy Durrett

Crown Pine Timber 1, L.P., appeals the judgment of the trial court granting an easement by way of necessity across its land for the benefit of Sammy Durrett. In two issues, Crown Pine challenges the easement by necessity and seeks its attorney’s fees in this declaratory judgment action. We reverse the judgment of the trial court, render judgment that Durrett has no easement, and remand for a det ... More   $0 (05-10-2012 - TX)

Billy Jack Wright v. Anita Marsh

Billy Jack Wright sued Anita Marsh, individually and as independent executrix of the estate of her late husband, Jerrell, for malicious prosecution, claimed to be a creditor of the estate, and attempted to have Anita removed as independent executrix of the estate. Wright appeals from a summary judgment rendered in favor of Anita Marsh, individually and as independent executrix of the estate of Jer ... More   $0 (05-10-2012 - TX)

Gardner Oil, Inc. v. Alvaro Chavez

Gardner Oil, Inc., appeals the trial court’s judgment entered in favor of Appellee Alvaro Chavez related to personal injuries Chavez sustained as a result of a fire. Gardner Oil raises seven issues on appeal. We affirm.

BACKGROUND

Carl Rogers Logging (CRL) is a logging company. CRL purchased its entire supply of off road diesel fuel from Gardner Oil. On January 10, 2008, Gardner Oi ... More
   $0 (05-10-2012 - TX)

IHS Acquisition No. 171, Inc. v. Joann Beatty-Ortiz

IHS Acquisition No. 171, Inc. d/b/a Mesa Hills Specialty Hospital, Encore Healthcare, L.L.C., and Lyric Healthcare Holdings III, Inc., (collectively Appellants), file this interlocutory appeal challenging the trial court’s denial of its motion to compel arbitration. Finding error, we reverse.

FACTUAL SUMMARY

IHS Acquisitions No. 171, doing business as Mesa Hills Specia ... More
   $0 (05-10-2012 - TX)

City of Bellaire v. Efrem D. Sewell

Appellants, Harris County, the Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District, the Harris County Hospital District, the Houston Independent School District, and the Houston Community College System (collectively, “the taxing authorities”), sued Efrem Sewell, d/b/a The Law Offices of Efrem D. Sewell, P.C. (“Sewel ... More   $0 (05-10-2012 - TX)

Adriene L. Shibley v. Julia Victoria Eckhardt

Adriene L. Sibley appeals the trial court’s take-nothing summary judgment rendered in favor of appellees Julia Victoria Eckhardt and Margaret Eckhardt. In her first three issues, Sibley challenges the appellees’ standing and the summary-judgment evidence. In her remaining issues, Sibley contends that the trial court erred by granting summary judgment because the Eckhardts’ motion did not s ... More   $0 (05-10-2012 - MA)

Michael Easton v. Shawn Phelan

Appellants Michael Easton and Dawn Whatley, individually and as executrix of the estate of Perry Lee Whatley, present this appeal from two orders dismissing their fraud claims against individually named attorneys and their respective law firms. The attorney-defendants—David Cabrales, Rachel Stinson, and Locke Lord Bissell & Liddell, LLP (the “Locke Lord attorneys”), and Shawn Phelan and Tho ... More   $0 (05-10-2012 - TX)

Alisha Regan v. Faurecia Automotive Seating, Inc.

This is an employment discrimination case. Alisha Regan appeals the district court’s grant of summary judgment in favor of her former employer, Faurecia Automotive Seating, Inc., on her disability discrimination claims under the Americans with Disabilities Act and the Michigan Persons With Disabilities Civil Rights Act, and her gender discrimination claims under Title VII of the Civil Rights Act ... More   $0 (05-10-2012 - MI)

Victor Guzman v. United States Department of Homeland Security

This is an immigration case. Victor Guzman challenges the district court’s dismissal of his claims of United States citizenship, arguing that the district court failed to adjudicate several of his claims and misinterpreted a federal immigration statute when applying it to him. For the following reasons, we AFFIRM the judgment of the district court.

I.

Guzman seeks United States cit ... More
   $0 (05-10-2012 - MI)

Jeffrey Kalich v. AT&T Mobility, LLC

Plaintiff-Appellant Jeffrey Kalich filed a complaint against his former employer, Defendant-Appellee AT&T Mobility, LLC, (“AT&T”), in state court pursuant to Michigan’s Elliott-Larsen Civil Rights Act (“ELCRA”). Kalich alleged that his immediate supervisor David Rich created a hostile work environment by subjecting Kalich to comments that constituted sexual harassment. AT&T removed the a ... More   $0 (05-10-2012 - MI)

Wesley Hemphill v. Andrew Hale

Defendant Andrew Hale appeals the district court’s1 denial of qualified immunity on an excessive-force claim in Wesley Hemphill’s 42 U.S.C. § 1983 action. For the reasons that follow, we affirm.

Hemphill filed a complaint naming five defendants, including Officer Hale, and alleging that on August 19, 2009, while he was at a gas station, officers surrounded his car and pointed a gun at ... More
   $0 (05-10-2012 - MO)

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