The City of San Antonio, Texas sued Hotels.Com, L.P., Expedia, Inc., Hotwire, Inc., Internetwork Publishing Corp., Orbitz, L.LC., Priceline, Inc., Site59.Com, LLC, Travelnow.com, Inc., Travelocity.com, LP, Travelweb, LLC, Trip Network, Inc. for failing to pay hotel and other taxes for bookings made through there respective travel sites. Plaintiffs More...  (11-03-2009 - TX)

The Duck Test holds that if it walks like a duck, swims like a duck, and quacks like a duck, it’s a duck. Joseph Lake, the plaintiff in this suit, flunks the Duck Test. He says, in effect, that if it walks like a duck, swims like a duck, and quacks like a duck, it sure as heck isn’t a duck.

The crux of Lake’s argument in this appeal is that a voter registration form is actually a moto ...More...   $0 (11-06-2009 - IL)

This copyright-infringement case is “one of several hundred filed by [Bridgeport Music, Inc., and Southfield Music, Inc.] against entities and/or individuals associated with the ‘rap’ or ‘hip-hop’ music industry,” seeking declaratory judgment, injunctive relief, and damages from some 800 defendants for copyright infringement under the federal copyright statute, 17 U.S.C. §§ 101 et se ...More...   $0 (11-06-2009 - TN)

This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers w ...More...   $0 (11-06-2009 - OH)

Plaintiff-Appellant Memphis Biofuels, LLC appeals the dismissal of its suit against Defendant-Appellee Chickasaw Nation Industries, Inc. for lack of subject-matter jurisdiction. Because we agree with the district court that Chickasaw Nation Industries, Inc. enjoys tribal-sovereign immunity, we AFFIRM.

I. BACKGROUND

Memphis Biofuels, LLC (“MBF”) is a biodiesel refining company ...More...   $0 (11-06-2009 - )

Bonnie Young and Michael Simmons sued the Texas Department of Criminal Justice and others on a civil rights violation and retaliation theories claiming that there were discriminated against by their former employer for disciplining a black subordinate. Young claim that her supervisor was trying to discredit her so that she could be replaced by an African American. She also claimed that she was re ...More...   $0 (11-06-2009 - TX)

Marija Stone sued her former employer GEICO General Insurance Company and others on a wrongful termination theory claiming that she was terminated for refusing orders to dismiss an older worker because of that workers age. She claimed that she was retaliated against by GEICO refusing to fire the older worker.

Plaintiff was a GEICO supervisor of a unit of adjusters working automobile liab ...More...   $2,650,000 (11-06-2009 - Fl)

Hilda L. Solis sued Tyson Foods, Inc. on a Fair Labor Standards Act violation theory claiming that Defendant failed to keep accurate time records and failed to pay production workers for the time that they spend donning and doffing safety and sanitary gear, and performing other related work activities. The Labor Department wanted workers to be paid for " certain pre- and post-shift and meal period ...More...   $250,000 (11-06-2009 - aL)

Bret “Doc” Berkman filed suit against the City of Keene alleging that the City was obligated to furnish water and sewer services to his property at no charge under an agreement between the City and Berkman’s predecessors in title. The trial court granted the City’s summary-judgment motion. On original submission, we reversed the judgment and remanded this cause for further proceedings. ...More...   $0 (11-05-2009 - TX)

Doris Dukes, Judy Blessing and Ruth Watkins sued UNARCO Industries, Inc. on products liability theories for the wrongful deaths on their respective husbands who all died from the asbestos cancer mesothelioma. The Plaintiffs' husbands all worked for Union Asbestos & Rubber Company, later known as UNARCO Industries, Inc. in the 1950s and 1960s. Plaintiffs claimed that Defendant's predecessor in inte ...More...   $5,500,000 (11-05-2009 - IL)

Claude M. Royal, Virginia H. Royal and Modern Home Construction sued Campbell County on a governmental tort claim negligence theory claiming that the County's employees failed to exercise due care in the operation of a landfill and, as a direct result, contaminants leaked into groundwater aquifers with resulting damage to the fair market value of Twin Oaks Mobile Park. The contamination was disco ...More...   $9,000,000 (11-05-2009 - VA)

Frank Sloup sued the Town of Islip, alan Loeffler and Craig Pomroy on civil rights violations theories undeer 42 U.S.C. 1983 claiming that defendants wrongfully drove him out of business. Plaintiff claimed that defendants wrongfully claimed that 41 of his crab traps and bouys were a hazard to navigation and had to be removed from Champlin Creek. He claimed that he was eventually driven out of bus ...More...   $2,100,000 (11-05-2009 - NY)

Jeremy Antley sued Dr. Faye Armstrong-Papp on a medical negligence (medical malpractice) theory claiming that Defendant acted below the standard of care in providing post-operative case to him after his appendix burst during an appendectomy performed tat Northwest Arkansas Medical Center on August 19, 2007. Plaintiff presented at the hospital in pain and was correctly diagnosed as having an infla ...More...   $0 (11-05-2009 - AR)

This case is before the Court upon the appeal of an Order denying the Appellant's, Charles Crihfield's, Renewed Motion for Summary Judgment entered by the Circuit Court of Kanawha County, West Virginia, on April 15, 2008. In the Order, the circuit court directed that the parties “within thirty (30) days of entry of this Order, mutually agree on an arbitrator to hear the dispute in question[,]” ...More...   $0 (11-04-2009 - WV)

This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOH”). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec ...More...   $0 (11-04-2009 - WV)

This case is before the Court upon the June 30, 2008, Order of the Circuit Court of Marshall County, West Virginia, wherein the circuit court granted Partial Summary Judgment to the Appellees, Richard Blake, Jr., and John T. Parker and determined that the Appellant, State Farm Mutual Automobile Insurance Company (hereinafter sometimes referred to as “State Farm”), was required to defend and in ...More...   $0 (11-04-2009 - WV)

[¶1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophy‘s vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.

[¶2] I ...More...   $18,069,257 (11-04-2009 - WY)

Tiffini Wallace, individually and on behalf of her two children, sued City Homes Incorporated on negligence and negligent representation theories claiming that the rowhouse that she rented was contaminated with lead paint which caused her children to suffer developmental problems from exposure to the lead.

The defenses asserted by Defendant are not available. ...More...   $2,500,000 (11-04-2009 - MD)

Dennis Sanderson, a homeless man, was shot by Joshua Grimes with a .22 caliber rifle while looking for cans in a dumpster behind the Alpha Beta Chapter of Alpha Gamma Rho of Oregon State University in Corvallis, Oregon. He sued Grimes on an intentional assault and batter theory and Alpha Gamma Rho on a negligence theory. Plaintiff claimed that Association of Alpha Beta Chapter of Alpha Gamma Rho ...More...   $41,421 (11-04-2009 - OR)

Clifton Lee, Sr., Cornelius Bennett, Larry McBride, Ozzie Green, Rodney Washington and Sylvester Rogers sued Nurcor Corporation, and Nurcor-Yamato Steel Company on civil rights violation theories claiming that they were discriminated against because of their races.

The defenses asserted by Defendants are not available. ...More...   $1,200,000 (11-04-2009 - )

Taiwan Semiconductor Manufacturing Co. sued Semiconductor Manufacturing International Corp. on conversion and breach of contract theories claiming that Defendant stole and used trade secrets owned by it. TSMC had previously sued SMIC which agreed to pay $175 million in damages and surrender all TSMC documents and stop using TSMC technology and processes.

TSCM accused SMIC for hiring away i ...More...   $1 (11-04-2009 - CA)

Louis Borsellino sued Jerry Putnam and another partners in Chicago Trading and Arbitrage for fraud claiming that they withheld information about the true value of the company when they convinced him to sell his interest in the company for $250,000. Defendants later sold the entire company for $25 million. ...More...   $11,000,000 (11-04-2009 - IL)

Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a ...More...   $0 (11-03-2009 - TX)

Appellant Debra Swanson challenges the district court’s grant of summary judgment to Appellee Hearst Corp. Long Term Disability Plan (“the Plan”), on the grounds that Swanson failed to exhaust administrative remedies prior to bringing suit. We AFFIRM.

Through her employment with the Houston Chronicle, Appellant Swanson obtained coverage under a long-term disability benefits policy u ...More...   $0 (11-03-2009 - tx)

The City of San Antonio, Texas sued Hotels.Com, L.P., Expedia, Inc., Hotwire, Inc., Internetwork Publishing Corp., Orbitz, L.LC., Priceline, Inc., Site59.Com, LLC, Travelnow.com, Inc., Travelocity.com, LP, Travelweb, LLC, Trip Network, Inc. for failing to pay hotel and other taxes for bookings made through there respective travel sites. Plaintiffs claimed that Defendants paid cities hotel occupan ...More...   $20,000,000 (11-03-2009 - TX)

Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wyeth Pharmaceuticals Inc. (Wyeth) and Pharmacia & Upjohn Co. (Upjohn).1 She sued the companies in 2004 for failure to warn of the risk of breast cancer from combination hormone therapy.

The trial was bifurcated, with liability determined first and punitive damage ...More...   $0 (11-03-2009 - AR)

Southern Electronics Supply Inc. and Active Solutions LLC sued Dell, Inc., Greg Meffert and others on unfair competition and conspiracy theories over the City of New Orlean's crime camera surveillance program. Plaintiffs claimed that they developed a crime surveillance camera system to sell to the City.

They claimed and Dell and others unfairly conspired to take the business away fro ...More...   $12,800,000 (11-03-2009 - L)

John McGlothlin, the Personal Representative of the Estate of Gary Dayne McGlothlin, deceased sued Sheila J. Stanek, D.O. and Urgent Care Of Green Country, P.L.L.C. on a medical negligence (medical malpractice) theory. The claims made and defenses asserted are not available. ...More...   $0 (11-01-2009 - OK)

Thomas Ubl sued IIF Data Solutions on a Qui Tam Whistle Blower (False Claims Act) theory claiming that Defendant defrauded the government by lying to get on a list of government approved contractors.

Defendant denied wrongdoing. ...More...   $0 (10-31-2009 - VA)

Antonia Susel, age 59, sued Dix & Eaton on a wrongful termination theory claiming that she was fired because of his age by the Cleveland, Ohio public relations firm employer in 2007. She also claimed that she was fired for complaining that she was subject to age discrimination at her job.


Defendant denied wrongdoing.

...More...   $1,032,000 (10-31-2009 - )

Former Cheswold Police Chief Robbin Vann sued the Town Council of Cheswold on a wrongful termination, breach of contact and defamation theories claiming that he was fired in violation of the state Whistleblower Protection Act. Vann claimed that he was fired because he had contacted state police and the Department of Justice with an allegation that Edward Ryan, the town's first city manager, had f ...More...   $290,000 (10-31-2009 - DE)

Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively “Metropublic” or “defendant”) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer ...More...   $0 (10-31-2009 - IL)

Jebaco Inc. appeals the dismissal of its federal antitrust claims against Pinnacle Entertainment and Harrah’s Operating Company, Inc., along with five Harrah’s subsidiaries (“Harrah’s”). The district court dismissed the claims 1 under Fed. Rule Civ. Proc. 12(c) as barred by the state action doctrine and Noerr- Pennington petitioning immunity. We affirm on the alternate ground, fully brie ...More...   $0 (10-31-2009 - LA)

Larry Groover and the guardians of decedent Chad Groover’s minor children (collectively the “Groovers”) appeal the district court’s summary judgment order dismissing their tort claims against Omni Pinnacle, LLC (Omni) and Cahaba Disaster Recovery, LLC (Cahaba). Because we hold that the Louisiana workers’ compensation scheme shielded Omni and Cahaba from tort liability, we affirm.

...More...   $0 (10-31-2009 - LA)

Senior District Judge Michael Westergren sued Bruce Olson on a defamation theory claiming that Defendant read complaints made by a former college employee about him on a November 2006 radio show that were not true.

Defendant claimed that the statements were true and further claimed that he had the right to repeat the allegations even if they were not true because Plaintiff was a public figu ...More...   $10,000 (10-31-2009 - )

Ocean Pines Association sued SPN, Inc. on a brach of contract theory claiming that Defendant over billed it for work relating to the construction of a community center project. Plaintiff claimed that Defendant agreed with the association in September 2006 to charge it at an $110 hourly rate until construction activities began but did not do so.

The defenses asserted by Defendant are not av ...More...   $74,050 (10-31-2009 - )

This is an insurance case raising some questions of Georgia law.

Without issuing a written reservation of rights, an insurer assumed the defense of a lawsuit for almost eleven months but stopped defending near the end of the discovery period because it decided that there was no coverage. At that point the policy holder hired its own attorneys to defend the lawsuit. About one month after the ...More...   $0 (10-30-2009 - GA)

Westchester Fire Insurance Company brought a declaratory relief action against Phil Mendez, its insured policyholder under a commercial general liability insurance policy. Westchester contended that it had no obligation to defend or indemnify Mendez against a certain claim because he failed to give proper notice to the insurance company of the claim.

The injured party, Northwest Airlines, ...More...   $0 (10-30-2009 - NV)

Matrixx Initiatives, Inc. (“Matrixx”) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe ...More...   $0 (10-30-2009 - AZ)

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ ...More...   $0 (10-30-2009 - WA)

John Matlock, age 43, sued the New Jersey Department of Transportation on a governmental tort claim theory claiming that Defendant failed to exercise due care when it repeatedly failed to remove dead tress from the right-of-way along Sate Route 29. One of trees which was dead and rotten fell on a vehicle driven by Plaintiff injuring him. Plaintiff claimed that Defendant was on notice of the dange ...More...   $6,000,000 (10-30-2009 - NJ)