Plaintiff-Appellant Robert Norse was ejected from two meetings of the Santa Cruz City Council, one in 2002 and one in 2004. He filed this 42 U.S.C. § 1983 action against the City and its Mayor and Council members alleging violation of his First Amendment rights. In a 2004 unpublished, nonprecedential disposition, we unanimously upheld the validity of the Council rules that were being enforced at ... More...   $0 (11-07-2009 - CA)

Dr. Lynda McKinnon sued Dr. Wajdi Dbouk on breach of contract and malicious prosecution theories claiming that she was damaged as a result of complaints made by Defendant to a medical licensing board seeking sanctions against her. McKinnon alleged that Dr. Dbouk closed the practice that he bought from her a few months after he purchased the practice.

The defenses asserted are not availabl... More...   $187500 (11-07-2009 - SC)

Jack O'Dell sued the owner of the DĂ©jĂ  Vu Bar Plainville, Connecticut on a dram shop act theory claiming that the Deja Vu Bar served 15 to 20 drinks to patron Joel Prachar in September 2006. Patrial O'Dell, age 37, left the bar with Prachar. Shortly thereafter the car in that Prachar was driving in which O'Dell was a passenger was involved in an accident in which O'Dell was killed.

The ... More...   $250000 (11-07-2009 - )

The Family and Estate of Velibor Videnovic sued Drs. Jack Goodman and William Teubl on medical negligence theories for the wrongful death of Mr. Videnovic on November 19, 2003 from a stroke. Videnvoic presented at the Northern Dutchess Hospital on October 3, 2003 after having experienced unexplained shaking of his left leg and arm for about five second. Subsequent testing revealed that he had pa... More...   $0 (11-07-2009 - )

Rudy E. Davis, Jr. appeals the district court’s determination that his medical malpractice claims against Ziana Liese, M.D., are barred by the statute of limitations because Dr. Liese was not timely served with process. Because Mr. Davis never received or filed an executed waiver of service and did not formally serve Dr. Liese before the statutory deadline, we affirm.1

Background

T... More...   $0 (11-06-2009 - KS)

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...   $2650000 (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...   $250000 (11-06-2009 - aL)

Matthew Miller appeals from the district court’s order denying him qualified immunity against Samuel Rhoads’ 42 U.S.C. § 1983 claim that Deputy Miller subjected him to excessive force while booking him into the Big Horn County Jail. We affirm.

Background

On December 1, 2005, Deputy Ben Mayland responded to a complaint that a drunken man in a wheelchair – Mr. Rhoads – was thr... More...   $0 (11-05-2009 - Wy)

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...   $5500000 (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...   $9000000 (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...   $2100000 (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)

Badwey Oil, Inc. (Badwey), appeals from the district court’s entry of summary judgment in favor of ConocoPhillips Petroleum Co. (Conoco) on the ground that Badwey’s breach of contract claims were barred by a statute of limitations. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Background

Since 1960, the parties have had a business relationship, initially through the... More...   $0 (11-04-2009 - KS)

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...   $18069257 (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...   $2500000 (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...   $41421 (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...   $1200000 (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...   $11000000 (11-04-2009 - IL)

Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police... More...   $0 (11-03-2009 - OK)

Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (“AEGON”), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ... More...   $0 (11-03-2009 - IA)

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...   $20000000 (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...   $12800000 (11-03-2009 - L)

This action arises under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Hans-Gerd Rasenack seeks accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator (collectively, “AIG”). The district court reviewed the administrator’s denial of benefits under an arbitrary and capricious... More...   $0 (11-02-2009 - )

Kenneth Eugene Barrett, a federal prisoner appearing pro se and in forma pauperis, appeals from the district court’s entry of judgment in favor of defendants in his civil rights suit filed under 42 U.S.C. § 1983. We reverse and remand with respect to defendants Gary Philpot and Michael Hendricks. In all other respects, we affirm.

I.

Mr. Barrett was arrested at his residence in the... More...   $0 (11-02-2009 - OK)

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...   $1032000 (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...   $290000 (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...   $10000 (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...   $74050 (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...   $6000000 (10-30-2009 - NJ)

Samuel and Tina Whitson, the parents of Luke Whitson, a fourth grader at Karns Elementary School, sued the Knox County Board of Education and others under 42 U.S.C. 1983 claiming that Defendants violated Luke's rights by refusing to read and discuss Bible passage during recesses with other students. Plaintiffs sought $1 in damages, recognition that his rights were violated and an injunction agains... More...   $0 (10-30-2009 - TN)

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax... More...   $0 (10-29-2009 - )

This appeal is the second in continuing litigation by a group of members of the Passamaquoddy Tribe called Nulankeyutmonen Nkihtaqmikon--the phrase means "We Protect the Homeland," and we refer to the group as NN--to challenge a Bureau of Indian Affairs ("BIA") decision; the decision approved a lease of a plot of Passamaquoddy land for the construction and operation of a liquefied natural gas ("LN... More...   $0 (10-29-2009 - ME)

After he was arrested for the simple assault of his estranged wife, Ralph Holder brought this § 1983 action against the Town of Sandown, one Sandown police officer and the Sandown Chief of Police. In his complaint, Mr. Holder alleged, in addition to other claims not relevant to this appeal, that the officer had lacked probable cause to effect the arrest and therefore had violated his rights under... More...   $0 (10-29-2009 - NH)

Plaintiffs Joseph P. Donahue (“Donahue”) and Sonoran Scanners, Inc. (“Sonoran”) appeal from an order of the United States District Court for the District of Massachusetts granting summary judgment to defendant PerkinElmer, Inc. (“PerkinElmer”) on claims for breach of contract and violation of Massachusetts General Laws Chapter 93A, Mass. Gen. Laws ch. 93A § 11. These claims arise fro... More...   $0 (10-29-2009 - MA)

Brian Pennell sued Jackie Cooper Imports, LLC on a fraud theory. The claims made and defenses asserted are not available.... More...   $52500 (10-29-2009 - OK)

Stephen Phelps sued Moore County Deputy Sheriffs Lane Carter and Randall Butler on a civil rights violation theory, 42 U.S.C. 1983, claiming that they used excessive force when they shot and injured him and killed 1st Lt. Tallas Tomeny. Phelps and Tomeny were participating in a training exercise called Robin Sage in which they simulated infiltration of a foreign nation. The thought that Butler wa... More...   $650000 (10-29-2009 - SC)

William and Theodora Walton sued the City of Whitefish on a civil rights violation theory claiming that their equal protection rights were violated by the City's efforts to stop construction on the steep slopes of lots purchased by them in 2005. The claimed that they were treated differently from other property owners who were allowed to build on similar property in Whitefish.

The City deni... More...   $300000 (10-29-2009 - )

Zaher Zahrey sued the City of New York and others on a civil rights violation theory claiming that defendants manufactured a false case against him during a police corruption investigation. Zahrey, age 46, was an undercover narcotics detective working in Brooklyn. He was the friend of a man who was murdered and who prosecutors said had been a leader of a gang that sold drugs. Zahrey was accused ... More...   $750001 (10-29-2009 - NY)