Defendants-Appellants American Century Casualty Company (“ACCC”) and American Century Claims Service, Inc. (“ACCS”) (collectively “Auto”) appeal the district court’s grant of summary judgment to Plaintiff-Appellee American Century Proprietary Holdings, Inc. (“Financial”), which holds a trademark registration for the “AMERICAN CENTURY” mark. We affirm.

I. BACKGROUND
... More...   $0 (10-04-2008 - TX)

This original proceeding stems from an appeal in a case concerning a complaint for partition or sale of certain Clark County real property. In that case, this court reversed the district court’s judgment transferring the property from petitioners to real parties in interest through a judicial sale and remanded the matter to the district court for further proceedings. When petitioners took step... More...   $0 (10-03-2008 - NV)

In executing a search warrant for a suspected

methamphetamine lab on premises owned by petitioner Leo C. Brutsche, law

enforcement officers using a battering ram to gain entry caused physical damage to

doors and door jambs. Mr. Brutsche brought suit against the city of Kent (the

City), among others, arguing that the officers had a duty to conduct the search... More...   $0 (10-02-2008 - WA)

St. Andrews Management Services, Inc. (St. Andrews) and New Florence Nursing Home, Inc. (New Florence) (collectively referred to as Appellants) appeal from the trial court's order granting survivors(FN1) (collectively referred to as Plaintiffs) of Zenia Bishop (Decedent) a new trial on the grounds of instructional error for failing to allow the jury to apportion fault among Appellants and a dismis... More...   $0 (10-02-2008 - MO)

This case arises from the settlement of a complex of securities fraud cases involving the sale of municipal bonds for renovation and construction of health care facilities. The litigation was commonly referred to as the In re Heritage Bond Litigation. The district court ultimately approved multiple settlement agreements between different plaintiffs and defendants pursuant to Federal Rule of Civil ... More...   $0 (10-01-2008 - CA)

The only issue on this appeal is whether the complaint of a woman who succumbed to mesothelioma should have been dismissed solely because the defendant did not have a duty to act reasonably to prevent her from being exposed repeatedly and regularly over an extended period of time to the asbestos fibers on her father’s work clothes. The purpose of this appeal is not to determine whether, in fact,... More...   $0 (10-01-2008 - TN)

This is the appeal and cross-appeal of a judgment entered in Scott Circuit Court after a jury found Cincinnati Insurance Company (CIC) liable to George and Kay Hofmeister for fraudulent misrepresentation and for violation of the Kentucky Unfair Claims Settlement Practices Act (UCSPA), Kentucky Revised Statutes (KRS) 304.12–230. CIC appeals the trial court’s denial of its motions for summary ju... More...   $0 (10-01-2008 - KY)

In September of 2005, Joshua McKinney of ABBA Electric installed a new electric meter pedestal at a mobile home park in Nevada, Missouri. Mr. McKinney also installed three wires connecting the pedestal to Paul and Connie Scott's recently purchased mobile home. The City of Nevada (the City) had adopted the National Electric Code (NEC)(FN1) by ordinance as the regulations governing electrical instal... More...   $0 (09-30-2008 - MO)

Appellant Carlyne McKenney brought this civil action against respondent Purepac Pharmaceutical Company (Purepac) and other defendants. Appellant alleges that she was injured as a result of using the prescription drug metoclopramide manufactured by Purepac. The superior court sustained Purepac’s demurrer to McKenney’s fourth amended complaint and entered judgment in favor of Purepac. The pleadi... More...   $0 (09-25-2008 - CA)

Appellants Joshua Dachs, individually, and Joy Dachs, as special personal representative of the estate of Elizabeth Dachs, deceased, appeal the Greene County Circuit Court’s order granting summary judgment in favor of appellees Dr. Barry Hendrix; Family Practice Clinic; Hendrix Medical Services, PLLC; and Paragould Physicians Management, LLC (collectively, the physician defendants); Rebecca Fish... More...   $0 (09-24-2008 - AR)

Florida common law did not recognize bad faith claims by an insured against the carrier, holding instead that the insured was limited to breach of contract damages and attorneys fees. In 1982 the Legislature amended section 624.155 to provide that bad faith damages recoverable under the statute “shall include those damages which are a reasonably foreseeable result of a specified violation of thi... More...   $0 (09-24-2008 - FL)

Roscoe Pound offered the following pertinent comments as to a judge's responsibility when setting forth an opinion:

The opinions of the judge of a highest court of a state are no place for intemperate denunciation of the judge's colleagues, violent invective, attributings of bad motives to the majority of the court, and insinuations of incompetence, negligence, prejudice, or obtuse... More...   $0 (09-24-2008 - WV)

Mary Koch filed suit on behalf of herself and a putative class, alleging that Compucredit Corp., Jefferson Capital Systems, LLC, and the J.A. Cambece Law Office, P.C., violated the Fair Debt Collection Practices Act (FDCPA) and the Arkansas Deceptive Trade Practices Act (ADTPA) by attempting to collect on a debt that Koch already had paid. The defendants, purported assignees of the original credit... More...   $0 (09-23-2008 - AR)

Robert Welch, a police officer in the Town of Stoughton (the Town), filed this lawsuit against the Chief of Police, the former Police Chief, two members of the Town’s Board of Selectmen (the Board) and the Town, alleging that the defendants impermissibly retaliated against him for exercising his rights under the First Amendment of the Federal Constitution. He also sought relief under a state whi... More...   $0 (09-23-2008 - MA)

Plaintiffs, the Center for Biological Diversity, Inc. and Peter Galvin (collectively CBD),1 appeal from the dismissal of their cause of action, which alleged that defendant owners and operators of wind turbine electric generators in the Altamont Pass Wind Resource Area in Alameda and Contra Costa Counties are, by the operation of their wind turbines, responsible for killing and injuring raptors an... More...   $0 (09-22-2008 - CA)

In this nationwide class action, 50 million present and former policyholders of State Farm Mutual Automobile Insurance Company (State Farm) contend that during the class period, 1983 to 1998, State Farm breached a duty to pay billions of dollars in dividends and, as a result, created an excessive surplus.

State Farm moved for summary judgment based on the business judgment rule, asserting t... More...   $0 (09-22-2008 - ca)

In two published decisions the United States District Court for the Central District of California denied class certification in putative class actions brought by current and former users of the prescription drug Paxil against GlaxoSmithKline, Inc. (GSK), the drug’s manufacturer, which alleged GSK had deceptively advertised Paxil as nonhabitforming.

Relying upon those decisions and Alvare... More...   $0 (09-19-2008 - CA)

The plaintiffs, Robert and Wanda Alderson, filed an action in the circuit court of Will County in which they sought a declaration that they have surface rights to a water-filled quarry that is used for recreational purposes. Plaintiffs contended they are entitled to the reasonable use and enjoyment of the entire surface waters because they own a portion of the quarry bed. The circuit court granted... More...   $0 (09-18-2008 - IL)

Howard Curd and several other commercial fishermen (the fishermen) appeal an order dismissing their proposed class action lawsuit against Mosaic Fertilizer, LLC. The fishermen claim that Mosaic's phosphogypsum storage facility polluted the waters of Tampa Bay, reducing the available supply of fish, which in turn damaged their businesses and reduced their income. We agree with the trial court that ... More...   $0 (09-17-2008 - FL)

¶1 This appeal raises two related questions: (1) whether a pharmacy may be held liable in negligence for continuing to fill prescriptions for a drug that has been withdrawn from the market by the Food and Drug Administration (FDA) and/or the manufacturer; and (2) whether a pharmacy may be held liable in negligence for failing to warn the patient of the drug’s status. The district court granted ... More...   $0 (09-17-2008 - UT)

Zeddrick White (“White”) appeals pro se the district court’s order granting Mayflower Transit, L.L.C.’s (“Mayflower”) motion to dismiss his second amended complaint. We affirm.

I

This case arises out of an agreement between White and Mayflower, in which Mayflower agreed to ship White’s per- 12730 WHITE v. MAYFLOWER TRANSIT sonal effects from New York to Los Angeles. Whi... More...   $0 (09-16-2008 - CA)

This wrongful death case came to this Court following the trial court’s grant of summary judgment to each of the defendants, which the Court of Appeals affirmed. Summary judgment is appropriate when the moving party establishes that there is no genuine issue as to any material fact and that a judgment may be rendered as a matter of law. Tenn. R. Civ. P. 56.04; West v. E. Tenn. Pioneer Oil Co., 1... More...   $0 (09-16-2008 - TN)

Plaintiff-Appellant Jami Przybylinski (“Przybylinski”) appeals the district court’s order granting in part and denying in part Defendant- Appellee CSX Transportation, Inc.’s (“CSX”) motion for summary judgment and granting judgment for CSX in this case filed pursuant to the Federal Employer’s Liability Act (“FELA”), 45 U.S.C. § 51, et seq. Because we find that CSX did not breach... More...   $0 (09-15-2008 - MI)

¶1 Plaintiffs/Appellants Doug and Samantha Moore (Buyers) bought a home in Rogers County from Defendants John and Nancy Goggins (Sellers) in March 2004. Defendant/Appellee Adrienna Williams (Real Estate Agent) was Sellers' real estate agent and Defendant/Appellee OklaHomes Realty was the real estate broker for Williams (collectively "Realtors"). The law with respect to pre-sale disclosure forms w... More...   $0 (09-12-2008 - OK)

This appeal and cross-appeal from a district court order in a breach of contract and tort action arising from improper foreclosure proceedings involve several compensatory and punitive damage award issues. With respect to compensatory damages, since respondents/cross-appellants’ actual losses did not exceed the damages that they incurred to their real and personal property, we conclude that the... More...   $0 (09-11-2008 - NV)