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)

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)

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)

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)

Paul Turner worked as a waiter for The Saloon, Ltd. (“The Saloonâ€�), 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)

The Illinois Deaf and Hard of Hearing Commission (“IDHHCâ€�) is a state government agency that was established after the Illinois General Assembly passed the Deaf and Hard of Hearing Commission Act (“the Actâ€�) 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)

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)

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)

Stephen Ebbets, a licensed real estate agent representing Long and Foster Real Estate, Inc. (“Long and Fosterâ€�), 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 (“Harleysvilleâ€�), Long and Foster’s insurance carrier,... More...   $0 (02-08-2010 - VA)

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)

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)

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)

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)

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)

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)

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)

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...   $3100000 (02-06-2010 - )

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...   $1500000 (02-06-2010 - MO)

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...   $108000 (02-06-2010 - OR)

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)

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)

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,â€� 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)

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)

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 - )

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)

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)

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)

Quet Sledge appeals the district court’s1 order affirming the denial of disability insurance benefits. Sledge alleged disability since January 2005 from degenerative joint disease, anxiety, and a bipolar disorder.

After a September 2007 hearing, where Sledge was counseled, an administrative law judge (ALJ) determined that Sledge had engaged in substantial gainful activity until at least ... More...   $0 (02-05-2010 - MO)

Plaintiff William James Thayer appeals the district court’s entry of
summary judgment in favor of Defendants Mary Adams, Kristi Flisowski and
Margie Gonzales on Thayer’s deliberate indifference claim arising under 42
U.S.C. § 1983. Thayer is an inmate in the custody of the Texas Department of
Criminal Justice (TDCJ). He alleges that defendants inflicted wanton and
unjustif... More...   $0 (02-05-2010 - TX)

ION Geophysical Corporation (NYSE: IO) today announced that on January 29, 2010, the jury in a patent infringement lawsuit filed by ION against seismic equipment provider Sercel, Inc. in the United States District Court for the Eastern District of Texas returned a verdict in its favor. The jury found that Sercel infringed the ION patent and awarded ION $25.2 million in past compensatory damages.... More...   $1 (02-05-2010 - )

David English, age 49, Bay Ltd., Universal Construction, and Alon USA on negligence theories claiming that he suffered a spinal cord injury and was paralyzed from the neck down as a direct result of an accident at Alon's refiner in Big Spring, Texas in 2007. Plaintiff claimed that a stack of electrical cabinets toppled onto him causing him to fall against steps breaking his neck.

English ... More...   $12100000 (02-05-2010 - TX)

Trent Hughes sued Dr. Christopher Pham, a neurosurgeon, on a medical negligence (medical malpractice) theory claiming that the care that he was provided by Defendant fell below the standard of care and harmed him. Plaintiff was injured in an auto accident and was airlifted to Desert Regional Medical Center where Pham was on call. Hughes' spine was fractured. He as not seen until the day after his... More...   $16500000 (02-05-2010 - CA)

Patsy Hamaker sued her former employer, The Furnace, on a negligence theory claiming that she was injured in an auto accident after she was allowed to leave her place of employment on October 17, 2007 while intoxicated. She claimed that it was her job of drink on-the-job and that Defendant violated its rules of her employer.

Defendant claimed that it unsuccessfully tried to keep Plaintiff ... More...   $100000 (02-05-2010 - )

Sonya Hall received long-term disability benefits for nearly five years through the National City Corporation Welfare Benefits Plan (the Plan). Liberty Life Assurance Company of Boston (Liberty Life), the third-party claims 1 Nos. 08-4738/4739 Hall v. Liberty Life Assurance Co. Page 2 administrator, terminated these benefits when it determined that Hall was no longer totally disabled. The Plan the... More...   $0 (02-04-2010 - OH)

The Cincinnati Insurance Company (CIC) sued Beazer Homes Investments, LLC in a declaratory-judgment action to establish that CIC was not obligated to cover the costs that Beazer incurred in repairing water damage to several houses that Beazer had built as the general contractor.

The damage was allegedly caused by faulty workmanship on the part of Beazer’s subcontractors. CIC’s motion f... More...   $0 (02-04-2010 - KY)

Plaintiff, Perry Elam, sued Defendant, Dr. Dhananjai Menzies, on June 22, 2007, alleging negligence in a heart operation that Dr. Menzies performed on Elam on July 21, 2005. After removing this action to federal court under diversity jurisdiction, Dr. Menzies sought summary judgment, arguing that Kentucky’s one year statute of limitations for medical malpractice suits had run. The District Court... More...   $0 (02-04-2010 - KY)

Plaintiffs-appellees brought this action pursuant to the Perishable Agricultural Commodities Act of 1930 (“PACAâ€�), 7 U.S.C. § 499a et seq. Non-party appellant Dibble & Miller, P.C. (“appellantâ€�) appeals from a decision denying its motion to intervene pursuant to Rule 24(a)(2) of the Federal Rules of Civil Procedure. We presume the parties’ familiarity with the underlying allegations, th... More...   $0 (02-04-2010 - NY)

[¶1] This is an appeal from two related district court orders in a declaratory judgment action between the Appellant and the City of Rawlins (City) over a junkyard, which action was consolidated with the appeal of the Appellant’s municipal court conviction for violation of a nuisance ordinance. The first order granted the City partial summary judgment. The second order was entered after a bench... More...   $0 (02-04-2010 - WY)

The respondents, Local Government Center, Inc. (LGC) and its subsidiaries, appeal an order of the Superior Court (Mangones, J.) granting summary judgment in favor of the petitioner, Professional Firefighters of New Hampshire (Professional Firefighters), and ruling that: (1) two of LGC’s subsidiaries are subject to the Right-to-Know Law, RSA ch. 91-A (2001 & Supp. 2009); (2) certain salary inform... More...   $0 (02-04-2010 - NY)

The defendant, Dorothy Kolozetski, appeals the Trial Court’s (Arnold, J.) order applying RSA 477:22 (2001) to award the proceeds of her husband’s one-half interest in the marital residence to Land America Commonwealth Title Insurance Company (Land America). We affirm.

The following facts were either found by the trial court or are supported by the record. Dorothy and John Kolozetski o... More...   $0 (02-04-2010 - NH)

The defendant, LUVRAJ, LLC,1 owned an internet-based jigsaw puzzle business named puzzlewarehouse.com. The business sold puzzles to customers in all fifty states; 120 patrons were located in Minnesota, accounting for roughly 2 percent of defendants’ active customers. In 2005, defendants decided to sell the puzzle business and posted internet advertisements soliciting potential buyers. The plaint... More...   $0 (02-04-2010 - RI)

Plaintiff appeals the dismissal of his complaint against defendant Howard Manosh. The original complaint listed Vermont Asbestos Group (VAG) as the only defendant. Plaintiff subsequently filed proposed amendments to his complaint to add as a defendant the president and CEO of VAG, Howard Manosh. Plaintiff stated that Manosh was personally liable for the alleged trespass and nuisance claims. Af... More...   $0 (02-04-2010 - VT)

Claimant appeals from the superior court’s order granting summary judgment to insurer in this workers’ compensation case.[1] He argues that the court: (1) exceeded its jurisdiction under 21 V.S.A. § 671 by granting summary judgment to insurer; and (2) abused its discretion by excluding the expert testimony that he offered. We affirm the trial court’s decision.

¶ 2. ... More...   $0 (02-04-2010 - VT)

Lespia King, a former deputy in the sheriff’s office for the
City of Roanoke, Virginia, sued Sheriff George McMillan in
his official capacity under Title VII for sexual harassment and
in his individual capacity under Virginia law for battery.
While King’s suit was pending, Octavia Johnson replaced
McMillan as sheriff, and the district court substituted Johnson
as the de... More...   $0 (02-03-2010 - WV)

The district court found that the challenged provisions of New York City’s Zoning Resolution did not impose unconstitutional restrictions on Plaintiffs’ commercial speech rights in violation of the First Amendment or the New York State Constitution. Id. at 481, 508. The district court’s opinion applies to two cases, The factual background giving rise to these disputes 1 is set out in detail ... More...   $0 (02-03-2010 - NY)

24 This interlocutory appeal concerns the attorney
25 compensation structure established by the district court in this
26 ongoing multidistrict litigation ("MDL"), and the applicability
27 of that compensation structure to the Mulligan Law Firm
28 ("Mulligan"). Mulligan represents more than two thousand
29 plaintiffs in upwards of seventy cases that have been transferred
30... More...   $0 (02-03-2010 - NY)

In late 1999, J. Krist Schell and Thomas W. Kent (the appellant here) formed a Nevada corporation, Bradley Reed Lumber, LLC, to import Russian lumber for sale in New England. Schell originally had a one-third interest, Kent the remainder, and the company soon borrowed a quarter of a million dollars from Edward M. Myslik. The two owners personally signed the note and a separate guarantee, and Kent ... More...   $0 (02-03-2010 - NH)

According to the allegations of the complaint, Kitchen International and Evans entered into a contract in 2004. Footnote Evans agreed to supply Kitchen International with manufactured cabinetry for several residential construction sites on the East Coast of the United States. Kitchen International placed these orders from its headquarters in Montreal with the Georgia offices of Evans. The materia... More...   $0 (02-03-2010 - MA)

William J. Short, Jr. Bennie Mozelle Peters, Trustee of the John William Peters and Bennie Mozelle Peters Revocable Trust for violation of Title 60 O.S. sec. 831 by failing to disclose alleged drainage problems to Plaintiff on February 27, 2007.

Defendant denied both the existence of and failure to disclose any alleged defect. Defendant further asserted full performance, waiver, Lack of k... More...   $0 (02-03-2010 - OK)

In this marital dissolution action, the plaintiff, Janak C. Desai, appeals from the judgment of the trial court dissolving his marriage to the defendant, Hemangini K. Desai. The plaintiff claims that the court improperly (1) ordered joint custody while (a) ordering that the defendant be the ultimate decision maker and (b) determining that the minor child’s primary residence be with the defendant... More...   $0 (02-02-2010 - CT)

In this consolidated appeal, the defendant, Stephen P. Marshall, appeals from the judgments of the trial court dissolving his marriage to the plaintiff, Sara S. Marshall, and granting her motion to strike his petition for a new trial.1 On appeal, the defendant claims that the court improperly: (1) precluded a future court from considering the plaintiff’s income in a motion to modify alimony, (2)... More...   $0 (02-02-2010 - CT)

Inasmuch as we are write only for the parties, we will not recapitulate the extensive facts. At issue are four insurance policies purchased by the Solarchicks, three of which were purchased in 1990 and one of which in 1995. The Solarchicks allege that MetLife made various oral misrepresentations with respect to each policy. Additionally, the Solarchicks allege that MetLife falsely represented each... More...   $0 (02-02-2010 - PA)

Appellant, Lean Forward Media (“LFMâ€�), appeals from the district court’s August 22, 2008 denial of its motion for summary judgment regarding the construction of the Option and License Agreement (the “Agreementâ€�) entered into by the parties, and from the court’s May 20, 2009 denial of its motion to withdraw or defer judgment based on its affirmative defense of unclean hands. LFM also ch... More...   $0 (02-02-2010 - NY)

Plaintiff, James C. Pazenza, Sr., commenced this action under the Americans with Disability Act of 1990 (“ADAâ€�), the Age Discrimination in Employment Act of 1967 (“ADEAâ€�), and the New York State Human Rights Law (“NYSHRLâ€�). He alleges that Defendant (“IBMâ€�) discriminated against him on the basis of his age and his disability when it terminated him. On April 2, 2009, the United Stat... More...   $0 (02-02-2010 - NY)

This Court reviews “de novo a district court’s dismissal of a complaint pursuant to Rule 12(b)(6), construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiff's favor.â€� Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002). To survive a motion to dismiss, the complaint must plead “enough fa... More...   $0 (02-02-2010 - NY)

Appellant Maurice Oparaji, pro se, appeals the grant of the Appellees’ motions for summary judgment by the United States District Court for the Southern District of New York (Lynch, J.), dismissing his complaint alleging breach of contract, defamation, and other state law claims, as well as the district court’s denial of his motions for reconsideration and vacatur under Federal Rule of Civil P... More...   $0 (02-02-2010 - NY)

Plaintiff Kareen Delahaye, pro se, commenced this wrongful-termination action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The 78 district court granted defendant-appellee’s motion for judgment on the pleadings, holding that plaintiff’s claim is time-barred because she did not file a timely administrative charge. Plaintiff now appeals that decision. We pres... More...   $0 (02-02-2010 - NY)

Appellee First Unum Life Insurance Company (“First Unumâ€�) commenced this action under the Employee Retirement Income Security Act of 1974 (“ERISAâ€�), 29 U.S.C. § 1001 et seq. and state law, seeking to recover long-term disability benefits that it paid to appellant Teah Wulah. The parties consented to have the matter resolved before a magistrate judge of the Southern District of New York (F... More...   $0 (02-02-2010 - N.)

Appellant Paul Saluja, pro se, appeals the district court’s grant of summary judgment in favor of Local 1199 United Healthcare Workers East, SEIU (“the Unionâ€�) and North Shore Long Island Jewish Health System (“the Hospitalâ€�), dismissing Saluja’s complaint. Saluja alleges that after he was terminated from his position as a medical technologist with the Hospital, the Union breached its ... More...   $0 (02-02-2010 - N.)

This case concerns the National Park Service’s decision to permit the continued use of motorized rafts and support equipment in Grand Canyon National Park. Plaintiffs contend that such motorized activities impair the wilderness character of the Canyon and that the Park Service’s decision violates its management policies and various federal statutes. Plaintiffs asked the District Court to set a... More...   $0 (02-02-2010 - AZ)