Following a special verdict by the jury, the trial court entered judgment in favor of plaintiff and respondent Antonio Barba for $117,053.42 against defendant and appellant Lupe Perez. Following judgment, Perez moved to tax certain costs Barba had claimed under Code of Civil Procedure section 998.1 Perez’s motion was denied in part and granted in part. Perez appeals from the judgment and the ord... More...   $117053 (08-29-2008 - CA)

APPEAL from the Superior Court of Riverside County. Joan F. Burgess, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Ackerman, Cowles & Lindsley, Richard D. Ackerman, Michael W. Sands; Law Offices of James Anthony and James Anthony for Defendants and Appellants. Best, Best & Krieger, Jeffrey V. Dunn, Dean Derleth, and Marc S. Ehrlich for Plaintiff and Respondent.

The t... More...   $0 (08-29-2008 - CA)

This is a principally a takings case. In Dolan v. City of Tigard (1994) 512 U.S. 374, 386-391 and Nollan v. California Coastal Commission (1987) 483 U.S. 825, 836- 837, the United States Supreme Court adopted what is called a “nexus” and “rough proportionality” test to be applied in an “exaction” case; i.e. when a public entity conditions approval of a proposed development on the dedic... More...   $0 (08-29-2008 - CA)

The trial court granted respondent’s motion for summary judgment upon a finding that respondent owed no duty of care to prevent an attack of appellant by a pit bull present on respondent’s property with his express consent. We conclude that respondent owed a duty of care to appellant and reverse the judgment.

STATEMENT OF FACTS

Respondent was the owner of a residence located on M... More...   $0 (08-29-2008 - CA)

Swift & Co. (“Swift”), appeals an adverse grant of summary judgment on its breach of contract claim against Elias Farms, Inc., Stan Turbes, and William H. Johnson (collectively, “hog producers”). The hog producers cross-appeal adverse summary judgment rulings on their counterclaims for breach of contract and violations of the Minnesota Consumer Fraud Act (MCFA). We affirm the grant of summ... More...   $0 (08-28-2008 - MN)

In 1976, a lawsuit brought by the United States and by the Firefighters Institute for Racial Equality (FIRE) alleging racially discriminatory hiring and promotion by the St. Louis Fire Department (SLFD) was resolved by entry of a complex consent decree providing, in relevant part, that the City would hire qualified black applicants “for least fifty percent (50%) of the vacancies for the entry le... More...   $0 (08-28-2008 - MO)

Fredrick Kozisek appeals the district court's1 grant of summary judgment in favor of Seward County and the chairman of the Seward County Board (collectively and hereinafter "county" or "board") in this employment discrimination and civil rights case. We affirm.

I. BACKGROUND

Kozisek began working for the county in 1981 as a weed control officer. In 1994, he applied for and was appoin... More...   $0 (08-28-2008 - NE)

This case arose from a contract dispute involving a 1996 transaction between Gander Mountain Co.1 and Cabela’s, Inc. Gander Mountain filed suit against Cabela’s seeking a declaration that a particular provision of the agreement, the Contingent Trademark License provision (“CTL”), was unenforceable. Cabela’s counterclaimed, seeking a declaration that the provision was enforceable and requ... More...   $0 (08-28-2008 - MN)

Roger Craft filed an application in August 2001 for Disability Insurance Benefits (“DIB”) and an application in September 2001 for Supplemental Security Income (“SSI”), alleging a disability due to diabetes mellitus and affective/mood disorders. Both claims were denied initially and upon reconsideration.

Craft timely requested a hearing before an Administrative Law Judge (“ALJ”)... More...   $0 (08-27-2008 - IL)

The plaintiff-appellant, RWB Services, LLC, says that the defendants misappropriated used cameras in which it had security interests and then resold the cameras as new to Wal-Mart. In the district court, the vessels for this allegation were a number of state-law claims and one civil count under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1964(c)—the latter of which forms... More...   $0 (08-27-2008 - IL)

Christina Argyropoulos’s turbulent tenure as a jailor for the City of Alton Police Department (the APD) lasted just ten months, from July 2002 until she was dismissed in late April 2003. Approximately seven weeks before she was fired, Argyropoulos complained that she had been sexually harassed by a fellow jailor. The APD promptly took steps to prevent further unsupervised contact between the two... More...   $0 (08-27-2008 - IL)

Wisconsin Central, LTD. (“WCL”), an interstate railroad company, brought a suit seeking declaratory and injunctive relief in federal court after the Illinois Department of Labor (“the IDOL”) began investigating claims that WCL had violated overtime regulations under the Illinois Minimum Wage Law, 820 ILL. COMP. STAT. 105/4a. The basis for WCL’s suit was that the State’s overtime provis... More...   $0 (08-27-2008 - IL)

Michael Allen Porter filed for bankruptcy under Chapter 7 of the Bankruptcy Code. Holly Sells filed an adversary complaint against Porter, seeking to bar the discharge of a judgment debt that she had obtained against him in an employment retaliation case. The bankruptcy court gave collateral estoppel effect to the judgment, finding that the jury in the retaliation case necessarily found that Porte... More...   $360000 (08-26-2008 - MO)

Appellants were each either customers of the Exchange Bank of Gibbon (Bank) or have been sued by the Bank. The appellants brought this action as a class action against the Bank, its holding company, and various shareholders, officers, and employees of the Bank, following the criminal indictment of Scott Hobson, the Bank's president, for defrauding the bank of nearly one million dollars. The appell... More...   $0 (08-26-2008 - NE)

JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined t... More...   $1087500 (08-26-2008 - MO)

This case requires the Court to consider the contours of state sovereign immunity and under what circumstances such immunity may be waived.

Alleging violations of both federal and state antidiscrimination laws, Michael A. Lombardo (Lombardo) filed an employment discrimination complaint in the Court of Common Pleas of Luzerne County against the Commonwealth of Pennsylvania’s Department of ... More...   $0 (08-26-2008 - PA)

We must decide whether a federal district court has diversity jurisdiction over a lawsuit involving a partnership where one of its partners is a dual American-British citizen domiciled in a foreign state. The district court held that it lacked diversity jurisdiction over such an entity, and we affirm.

I. APPELLATE JURISDICTION & STANDARD OF REVIEW

We have jurisdiction pursuant to 28 ... More...   $0 (08-26-2008 - PA)

Plaintiff-Appellant Star Scientific, Inc. ("Star") appeals from a final judgment in favor of Defendants-Appellees R.J. Reynolds Tobacco Company (N.C.) and R.J. Reynolds Tobacco Company (N.J.) (collectively, "RJR"). The district court entered memoranda and orders: (1) holding, after a bench trial, that Star's U.S. Patent Nos. 6,202,649 ("the '649 patent") and 6,425,401 ("the '401 patent") are unenf... More...   $0 (08-26-2008 - MD)

Family and Estate of Sanchez Taylor sued the City of Lynchburg, et al. on a civil rights violation theory under 42 U.S.C. 1983 claiming that Amherst County Sheriff's deputies used excessive force June 16, 2005, after a run-in with Amherst County deputies with the result that the 28-year-old man died in custody. His death was ruled a homicide, although the four deputies cited in the federal lawsuit... More...   $1 (08-25-2008 - VA)

Kathleen Healy sued the City of New York and others individually and on behal of her children for the wrongful death of her husband who was killed in the 2003 Staten Island ferry crash. John Healy , was killed in 2003 when the ferry crashed into a dock at full speed. The boat's pilot was on painkillers and suffering from extreme fatigue. He pleaded guilty to negligent manslaughter and lying to inv... More...   $8700000 (08-25-2008 - NY)

David Riehm was a high school student who wrote an essay detailing a fantasy murder-suicide inspired by the school shooting that took place at Columbine High School in Littleton, Colorado. He left the essay with his teacher, who read it and reported it to law enforcement. He was taken from his home in Cook County, Minnesota, by court order, underwent a psychiatric evaluation and was released after... More...   $0 (08-25-2008 - MN)

In this diversity case, Dr. Martin Hinz and Neuroresearch Clinics, Inc. (collectively “Hinz”) sued Neuroscience, Inc. and Gottfried Kellermann (collectively “Kellermann”) for breach of contract. A jury returned a verdict for Hinz, awarding $1,989,373 in damages. The district court2 reversed the damage award on Kellermann’s motion for judgment as a matter of law. The court denied Hinz’s... More...   $1989373 (08-25-2008 - MN)

[¶1.] On November 15, 2002, Diane Mousseau (Mousseau) filed suit against Steven B. Schwartz, M.D., and Steven B. Schwartz, M.D., P.C., d/b/a West River Neurosurgery & Spine (collectively Dr. Schwartz) alleging medical malpractice. The case was tried to a jury on February 12-15, 2006, in the South Dakota Seventh Judicial Circuit. The jury entered a verdict for Dr. Schwartz and on February 21, 2006... More...   $0 (08-24-2008 - SD)

Kathie S teffen brought this breach of contract claim against Progressive Northern Insurance Company (Progressive), the underinsured motorist carrier for her husband, Jeffrey L. Steffen. Jeffrey was killed when his tractor was struck from the rear by an underinsured motorist. T he district court granted Progressive’s motion for summary judgment on the grounds that the P rogressive policy did not... More...   $0 (08-24-2008 - NE)

This case presents an appeal from a summary judgment entered against appellant, Jamie Gavin, in a suit involving alleged sexual harassment by Gavin’s supervisor. Gavin alleged that the harassment resulted in a hostile work environment and her constructive discharge. In granting the employer’s motion for summary judgment, the district court determined that Gavin failed to make a prima facie cas... More...   $0 (08-24-2008 - NE)