This action arises from an incident that occurred on Plaintiff- Appellant Linda Slusher’s (“Slusher”) property on May 13, 2004. Slusher argues that Defendants- Appellees Michigan Deputies Cory Carson and Thomas Terry (collectively, along with Shiawassee County, “Defendants”) seized her in violation of her Fourth Amendment rights during the course of the officers’ visit to her property ... More...   $0 (09-07-2008 - MI)

In appellant Christopher Jones’s action for negligence and products liability, summary judgment was granted in favor of respondents Lloyd Electric Company, Inc. (Lloyd), and P.S. Development Company, Inc., d.b.a. Comet Electric (Comet). We affirm.

RELEVANT PROCEDURAL BACKGROUND

On November 23, 2004, Jones filed a complaint against Invision Technologies, Inc. (Invision), containing ... More...   $0 (09-05-2008 - CA)

In this opinion, we address whether the Supreme Court’s decision in Quality King Distributors, Inc. v. L’anza Research International, Inc., 523 U.S. 135 (1998), requires us to overrule our precedents that allow a defendant in a copyright infringement action to claim the “first sale doctrine” of 17 U.S.C. § 109(a) as a defense only where the disputed copies of a copyrighted work were eithe... More...   $0 (09-05-2008 - CA)

In this opinion, we resolve whether the district court erred in precluding the admission of evidence regarding damages as a sanction under Federal Rule of Civil Procedure (Rule) 37 for failure to disclose damage calculations under Rule 26(a). We conclude that the district court did not abuse its discretion and affirm on this issue. The remaining issues in this case are resolved in a contemporaneou... More...   $0 (09-05-2008 - CA)

Before the Court are the following: (1) Appellant’s appeal of a district court’s order granting Appellee’s motion to compel responses and produce documents Appellant contends are protected by the attorney-client privilege; (2) Appellant’s companion petition for writ of mandamus seeking to compel the district court judge to vacate the order as it relates to the motion to compel; and (3) App... More...   $0 (09-02-2008 - GA)

Janet J. Jeanes appeals from a summary judgment granted in favor Sharon Kunard and Rudy Wrenick in Jeanes' negligence, breach of fiduciary duty, and breach of contract claims. On appeal, Jeanes contends that the trial court improperly determined that the claims against Kunard sounded in tort. We disagree. In addition, Jeanes asserts that the trial court inappropriately granted summary judgment in ... More...   $0 (09-02-2008 - )

{1} In this medical malpractice action, Defendant Lovelace Sandia Health System, Inc. appeals from a contempt order entered by the district court. We address whether the district court erred in imposing a punitive sanction against Defendant for refusal to comply with a discovery order that required Defendant to produce documents Defendant claimed were immune because they contained information... More...   $0 (09-02-2008 - NM)

¶1 Appellant Asael Farr & Sons Company (Farr) appeals the trial court's denial of Farr's motion for partial summary judgment against Safeco Insurance Co. (Safeco), American States Insurance Co. (American States), Hartford Steam Boiler Inspection and Insurance Co. (Hartford), Trustco, Inc. (Trustco), and Andrew L. Reed; and the court's grant of summary judgment in favor of Appellees Reed, Trustco,... More...   $0 (09-01-2008 - UT)

A Dillingham ordinance provides that any animal that bites a person without provocation shall be deemed vicious and, after quarantine, shall be euthanized. A Dillingham dog owner whose dog bit a co-worker without provocation appeals the city’s order, affirmed by the superior court, for euthanasia or banishment of the animal. Finding no constitutional or procedural infirmity, we affirm.

II... More...   $0 (08-31-2008 - AK)

Michael McKee filed this class action suit, alleging AT&T wrongly charged him (and others) city utility surcharges and usurious late fees. When the Chelan County Superior Court found the dispute resolution provision of AT&T's Consumer Services Agreement unconscionable and denied its motion to compel arbitration, AT&T appealed. The Court of Appeals, Division Three, certified the case to this ... More...   $0 (08-31-2008 - WA)

In this interlocutory appeal, we consider whether a blanket policy of strip searching without reasonable suspicion of all individuals arrested and classified for housing in the general jail population violates the arrestees’ clearly established constitutional rights. Under the circumstances presented by this case, we conclude that it does, and affirm the order of the district court denying quali... More...   $0 (08-31-2008 - CA)

Western Filter Corporation (“Western Filter”) appeals the district court’s grant of summary judgment in favor of Argan, Inc. (“Argan”). The district court had jurisdiction under 28 U.S.C. § 1332, and we have jurisdiction under 28 U.S.C. § 1291. We are asked to decide an issue of first impression under California law, whether a provision within a Stock Purchase Agreement (“SPA”) per... More...   $0 (08-31-2008 - CA)

Plaintiff-Appellant Evangelina Mendez (“Mendez”) and members of her family brought this suit against the County of San Bernardino, the City of Hesperia, the San Bernardino Sheriff’s Department and various individual defendants (collectively, “the County”) under 42 U.S.C. § 1983 and state law, alleging violations of their civil rights. This case arose from the aftermath of an officer-inv... More...   $0 (08-30-2008 - ca)

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)

McGills Glass Warehouse ("McGills"), an internet-based retailer of stained-glass supplies, and its owner Donald Gallagher, appeal from a district court judgment finding them liable for infringement of the registered trademarks "Venture Tape" and "Venture Foil," and awarding the marks' owner, Venture Tape Corporation ("Venture"), an equitable share of McGills’ profits, as well as costs and attorn... More...   $0 (08-28-2008 - MA)

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)

Certain federally funded medical clinics — so-called “Section 340B covered entities” — are able to purchase prescrip- tion drugs at a discount from drug manufacturers under a standardized agreement between the federal government and the drug companies. During 2003, for example, these covered entities spent $3.4 billion on outpatient prescription drugs. They claim in this lawsuit that they ... More...   $0 (08-27-2008 - CA)

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)

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)

Plaintiff-Appellant Bernadine R. Vaughn (“Vaughn”) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee Epworth Villa. At issue is Vaughn’s allegation that she was retaliated against by Epworth Villa for participating in the Equal Employment Opportunity Commission (“EEOC”) process. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.
More...   $0 (08-22-2008 - OK)

Gary Jarvill alleges that a design defect in the boat he purchased from Porky’s Equipment, Inc. caused it to sink in its harbor slip less than three years after purchase. Jarvill appeals the superior court’s ruling that the statute of limitations bars his product defect and negligence claims. Because the evidence fails to support the trial court’s finding that Jarvill’s cause of action acc... More...   $0 (08-22-2008 - AK)

This case illustrates the perils of waiting to the end of the statute of limitations to file a case. More than 10 years ago, Susan Rivas was a patient of Dr. Allan Muraki, M.D. Dr. Muraki encountered complications while performing a renal angioplasty on Rivas, and one of Rivas's kidneys was lost. After surgery, Rivas spent four days in the intensive care unit (ICU). Three years and two days af... More...   $0 (08-22-2008 - WA)

Alan S. Noonan was fired from his job as a salesman at Staples, Inc. for allegedly padding expense reports. A Staples executive then sent a mass e-mail to about 1,500 employees informing them that Noonan had been fired for violating the company's travel and expense policy. Staples also denied Noonan his severance benefits and refused to allow him to exercise his stock options, claiming that, under... More...   $0 (08-21-2008 - MA)

This appeal presents a question that remains surprisingly unanswered by the circuit courts: Does the sale of an item via the eBay Internet auction site provide sufficient “minimum contacts” to support personal jurisdiction over a nonresident defendant in the buyer’s forum state? Plaintiff-Appellant Paul Boschetto (“Boschetto”) was the winning bidder for a 1964 Ford Galaxie sold on eBay b... More...   $0 (08-21-2008 - CA)

Brittany Graham and Yolanda Graham, defendants in an automobile negligence action, seek a petition for writ of certiorari to quash a discovery order. The order compels Dr. Stephen Sergay, a neurologist who performed a medical examination of the plaintiff, Kimberly V. Brown Dacheikh, pursuant to Florida Rule of Civil Procedure 1.360, to produce all "reports of examiner" that he has prepared pursuan... More...   $0 (08-20-2008 - FL)