| Other Recent Verdicts and Judgments |
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Melvin Sternberg
v.
Logan T. Johnston, III,
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The filing of a bankruptcy petition immediately gives rise to an automatic stay. The stay applies to block or freeze most judicial actions against a debtor. It also permits a debtor to recoup any “actual damages,” including attorney fees, that result from a willful stay violation. See 11 U.S.C. § 362. This case presents questions both as to when a willful stay violation occurs and as to what ... More $0 (02-09-2010 - AZ)
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Joseph Griffin v. Burlington Volkswagen, Inc.
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In August 2006, plaintiff Joseph Griffin purchased a car from defendant Burlington Volkswagen. This purchase required Griffin to obtain financing. According to Griffin, he was assured at the time of the sale by defendant Augustine Staino, an employee of Burlington Volkswagen, that he had already been approved for such financing. After paying a $1,000 deposit and signing a retail order form, G ... More $0 (02-09-2010 - NJ)
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Robert Nicastro v. McIntyre Machinery America, Ltd.
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Today, all the world is a market. In our contemporary international economy, trade knows few boundaries, and it is now commonplace that dangerous products will find their way, through purposeful marketing, to our nation's shores and into our State. The question before us is whether the jurisdictional law of this State will reflect this new reality.
In this case, the foreign manufacturer o ... More $0 (02-09-2010 - NJ)
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John C. Balshy v. Pennsylvania State Police and Office of General Counsel
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In these consolidated appeals, former Pennsylvania State Police (PSP) Corporal John C. Balshy (Balshy) and former PSP Chemist Janice Roadcap (Roadcap) petition for review from an order of the Office of General Counsel (OGC) that denied their requests for indemnification and reimbursement of legal fees and costs associated with their defense in an underlying federal suit filed against them by Steve ... More $0 (02-09-2010 - PA)
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Arezou Mansourian
v.
Regents of the University
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The statute known as Title IX, 20 U.S.C. § 1681, is widely recognized as the source of a vast expansion of athletic oppor- MANSOURIAN v. REGENTS OF UNIVERSITY OF CALIFORNIA 2213 tunities for women in the nation’s schools and universities, so much so that a company that sells women’s athletic apparel now mimics its name. See www.titlenine.com.
Despite that renown, the district court in ... More $0 (02-08-2010 - )
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GARY YOKOYAMA
v.
MIDLAND NATIONAL
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Defendant Midland National Life Insurance Company marketed annuities to senior citizens in Hawaii. At issue in this case are Midland annuities that were sold by independent brokers between 2001 and 2005. Plaintiff Gary Yokoyama purchased one of those annuities through an independent broker and filed this class action claiming that Midland marketed the annuities through deceptive practices, in viol ... More $0 (02-08-2010 - )
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Elyese Anderson v. Michael Waddle
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The Officials participated in a conspiracy to harass and intimidate HCA, a Christian faith-based boarding school in northeastern Missouri. HCA educates and provides social services to children with behavioral and substance abuse problems.
As of 2001, approximately 120 of HCA’s 220 students lived on HCA’s campus. Two of the conspiracy’s more prominent members were Chief Juvenile Office ... More $0 (02-08-2010 - MO)
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Paul D. Turner v. The Saloon, Ltd.
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Paul Turner worked as a waiter for The Saloon, Ltd. (“The Saloon”), a Chicago steakhouse, and claims he was the victim of several forms of employment discrimination. Turner had a months-long sexual relationship with his supervisor and claims that when he ended it, she persistently sexually harassed him. He also claims The Saloon discriminated against him on the basis of a disability; he suffer ... More $0 (02-08-2010 - PA)
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Gerald Covell v. Harmon P. Menkis
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The Illinois Deaf and Hard of Hearing Commission (“IDHHC”) is a state government agency that was established after the Illinois General Assembly passed the Deaf and Hard of Hearing Commission Act (“the Act”) in 1996. IDHHC coordinates services for, and advocates on behalf of, deaf and hard-of-hearing individuals in Illinois. Gerald Covell became the Director of IDHHC in November 1998, and ... More $0 (02-08-2010 - IL)
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Mulligan Law Firm,
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Zyprexa MDL Plaintiffs' Steering Committee II
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This interlocutory appeal concerns the attorney compensation structure established by the district court in this ongoing multidistrict litigation ("MDL"), and the applicability of that compensation structure to the Mulligan Law Firm ("Mulligan"). Mulligan represents more than two thousand plaintiffs in upwards of seventy cases that have been transferred by the Judicial Panel on Multidistrict Litig ... More $0 (02-08-2010 - NY)
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Bolmer v. Oliveira
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This case arises from the involuntary commitment of Brett Bolmer. He sued various individuals and entities involved in his commitment in the United States District Court for the District of Connecticut (Arterton, J.). As relevant to this appeal, Bolmer claimed that Dr. Joseph Oliveira violated his Fourth Amendment and substantive due process rights enforceable under 42 U.S.C. § 1983, and falsely ... More $0 (02-08-2010 - NY)
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MARCUS HESSEHORST SCHWINN,
v.
HARLEYSVILLE MUTUAL INSURANCE COMPANY
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Stephen Ebbets, a licensed real estate agent representing Long and Foster Real Estate, Inc. (“Long and Foster”), caused a motor vehicle collision that severely injured Josef and Doerte Hesse. The Hesses, through their guardians ad litem, brought this declaratory judgment action against Ebbets and Harleysville Mutual Insurance Company (“Harleysville”), Long and Foster’s insurance carrier, ... More $0 (02-08-2010 - VA)
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Edward A. Lehan v. Jane E. Lehan
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The defendant, Jane E. Lehan, appeals from the judgment of the trial court rendered following the granting of a motion for contempt and a motion for modification filed by the plaintiff, Edward A. Lehan, Jr.
On appeal, the defendant claims that the court improperly (1) found the defendant in contempt for failure to pay child support, (2) modified the child support order when the plaintiff’ ... More $0 (02-08-2010 - CT)
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Debra Tomlinson v. John Tomlinson
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The plaintiff, Debra Tomlinson, appeals from the judgment of the trial court granting the motion of the defendant, John A. Tomlinson, to modify the unallocated alimony and child support order incorporated by reference into the judgment dissolving the parties’ marriage and from the judgment of the court denying her motion for contempt. On appeal, the plaintiff claims that (1) the court improperly ... More $0 (02-08-2010 - CT)
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Pasquale Raffone v. Industrial Acceptance Corp.
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This case is about a red Ford F-350. The pro se plaintiff, Pasquale Raffone, appeals from the judgment of the trial court in favor of the defendant Industrial Acceptance Corporation.1 He raises a bevy of claims challenging the factual findings, evidentiary rulings and credibility determinations of the court, none of which merit discussion. He further claims that the court improperly precluded him ... More $0 (02-08-2010 - CT)
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JZ, Inc. v. Dunkin Donuts v. Planning & Zoning Commission
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The defendant, the planning and zoning commission of the town of East Hartford (commission), appeals from the judgment of the trial court sustaining the appeal filed by the plaintiff, JZ, Inc., Dunkin Donuts, from the commission’s denial of the plaintiff’s application for a special use permit. Because we agree with the commission that the court improperly found that the plaintiff was aggrieved ... More $0 (02-08-2010 - CT)
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Samuel B. Fuller v. Marigrace R. Fuller
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In this dissolution of marriage action, the plaintiff, Samuel B. Fuller, appeals from the judgment of the trial court in which it determined that by the self-executing terms of the final dissolution decree, and the separation agreement incorporated therein, the court’s previous child support order was retroactive to the date alimony payments to the defendant, Marigrace R. Fuller, terminated. Fir ... More $0 (02-07-2010 - CT)
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Bacon Construction Co. v. Dept. of Public Works
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The defendant, the department of public works, appeals1 from the judgment of the trial court granting the application of the plaintiff, Bacon Construction Company, Inc., to confirm an arbitration award for damages relating to a public works contract between the parties and denying the defendant’s motion to vacate the award, and from the court’s denial of the defendant’s motion to dismiss the ... More $0 (02-07-2010 - CT)
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Afred Chiulli & Sons, Inc. v. Hanover Ins. Co.
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The plaintiff, Alfred Chiulli and Sons, Inc., as general contractor and principal, and the named defendant, Hanover Insurance Company (Hanover),1 as surety, executed a payment bond pursuant to General Statutes (Rev. to 1999) § 49-412 in favor of the city of Meriden (city), in connection with the construction of the Thomas Edison Middle School in the city (project).
The plaintiff brought th ... More $0 (02-07-2010 - CT)
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John Walsh v. Burlington Northern Santa Fe Railway Co. (BNSF)
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John Walsh sued Burlington Northern Santa Fe Railway Co. (BNSF) on a negligence theory under the Federal Employees Liability Act (FELA) for the injuries that he sustained when he was thrown from the locomotive he was on when another train struck it. The claimed that BNSF failed to provide safe working conditions where he worked.
The defenses asserted by BNSF are not available. ... More $3,100,000 (02-06-2010 - )
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Donald James Gaspard v. Bayer CropScience, L.P., et al.
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Donald James Gaspard and others sued Bayer, AG and Bayer CropScience, L.P. on a negligence theory claiming defendants failed to exercise due care in the handling of genetically modified rice and, as a direct result, rice grown by Plaintiff was contaminated and damaged.
A rice variety whose genetic code had been modified by a Bayer subsidiary for research purposes and which was not approved ... More $1,500,000 (02-06-2010 - MO)
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John Doe v. AutoZone, Inc.
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More than 1,000 current and former AutoZone employees sued the company on a wage and hour violation theory claiming that they were forced to work off the clock by being foced to be at the stores where they worked each day before opening and after closing. The also claimed that they were not paid for driving from one store to another on company business. ... More $108,000 (02-06-2010 - OR)
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Rita Weintraub;
v.
Quicken Loans, Inc.
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Prior to closing on a loan to refinance their principal residence, Rita and Barry Weintraub attempted to exercise the right to rescind given by the Truth in Lending Act, 15 U.S.C. § 1635(a), and demanded a refund of their $500 deposit. The lender, Quicken Loans, Inc., refunded the balance of the deposit after deducting the costs of a credit report and an appraisal but refused to refund the entire ... More $0 (02-05-2010 - VA)
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KATHARINE RICHARDSON,
v.
FRIENDLY ICE CREAM CORPORATION
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Appellant Katharine Richardson alleges that her former employer, appellee Friendly Ice Cream Corporation ("Friendly's"), discriminated against her in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12213, and the Maine Human Rights Act ("MHRA"), 5 Me. Rev. Stat. §§ 4551-4634, by failing to accommodate her disability and by terminating her employment because of that ... More $0 (02-05-2010 - ME)
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Brenda Robinson v. Tyson Foods, Inc.
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There are two interlaced events in this case; a bankruptcy proceeding and an employment discrimination claim. In April 2002, Brenda Robinson voluntarily dismissed her Chapter 13 case because her payments increased to a rate “beyond her ability to pay,” and filed a second Chapter 13 bankruptcy proceeding. The second bankruptcy plan proposed complete repayment to both secured and unsecured credi ... More $0 (02-05-2010 - AL)
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Proshiplilne, Inc. v. Aspen Infrastructures, Ltd.
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The litigants’ legal relationship formally began on April 9, 2006, when EP-Team1 and Aspen2 entered into the Sales and Logistics Services Agreement. Under the Agreement, ProShipLine, 3 as EP-Team’s designated agent and assignee, agreed 1EP-Team is incorporated in Delaware. EP-Team is a consulting and management enterprise that works with companies across a variety of business sectors.
... More $0 (02-05-2010 - WA)
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Joseph O’Toole,
v.
Northrop Grumman Corp.
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Mr. O’Toole filed an action for breach of contract in 1999. He sought direct damages, consequential damages, and punitive damages for Northrop Grumman’s failure to pay the relocation expenses. In 2000, the district court granted summary judgment in favor of Northrop Grumman on all claims, although Northrop Grumman had only moved for partial summary judgment on Mr. O’Toole’s claims for cons ... More $0 (02-05-2010 - )
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Jose U. Gonzalez v. Michael J. Astrue
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On December 8, 1998, while working for a cleaning service stripping floors, Mr. Gonzalez slipped on a wet surface and fell to the ground, sustaining a blow to his right temple.
He claims he has been unable to work since this accident due to the residual effects of his head injury. Specifically, he claims that he suffers from intense, throbbing headaches; memory loss; anxiety; depression; ... More $0 (02-05-2010 - CA)
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Michael Omstead v. Dell, Inc.
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Plaintiffs-appellants, Michael Omstead, Melissa Malloy,
and Lisa Smith (collectively, “plaintiffs”), brought a proposed
class action1 against Dell, Inc. (“Dell”), asserting various
claims under California state law predicated on the allegation
that Dell designed, manufactured, and sold defective notebook
computers. The district court granted Dell’s motion to
stay ... More $0 (02-05-2010 - CA)
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United States of America ex rel. ĂĽ
Patricia Haight
v.
Cahtolic Healthcare West
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Defendant Michael Berens is a scientist who applied for and received funding from the National Institutes of Health to research brain cancer using beagle dogs. Plaintiffs Patricia Haight and In Defense of Animals assert that Berens made false and misleading statements in his grant application. They allege that he failed to disclose data showing a high rate of failure in preliminary trials, made fa ... More $0 (02-05-2010 - CA)
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