Alexander Alhovsky sued Officer Thomas Ryan and others on a civil rights violation theory under 42 U.S.C. 1983 claiming that he sustained physical and emotional injuries for being arrested without probable cause for leaving a a divice for inflating balloons in a Starbucks in 2006. Alhovsky, who is a professional clown, left the device in the Starbucks. Store employees called the New York Police ... More...   $0 (11-20-2009 - NY)

In this ongoing action under 42 U.S.C. § 1983, a previous panel of this court determined that various material factual disputes remained regarding the constitutionality of the near two-hour early morning detention of Melissa Harman and Justin Overton (or the “Plaintiffsâ€�), and the corresponding after-midnight searches of their garage apartment conducted by officers who worked for the Utah Dep... More...   $0 (11-20-2009 - UT)

In this products liability lawsuit, plaintiffs Richard Merrill and Tamara Merrill sued defendants Leslie Controls, Inc. (Leslie Controls) and Elliott Company for Richard Merrill’s injuries caused by exposure to asbestos-containing products. Leslie Controls appeals from a judgment for plaintiffs. We conclude that plaintiffs have not shown that Leslie Controls manufactured, supplied, or distribute... More...   $0 (11-19-2009 - CA)

The False Claims Act (“FCAâ€�) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.â€� Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...   $0 (11-19-2009 - WA)

Dr. Marvin Wayne Couch appeals from summary judgment entered in favor
of defendants, Memorial Hospital of Carbon County (“MHCC�), a small rural
hospital where he has staff privileges, the hospital’s chief administrator, and six
of the ten other physicians who have privileges at MHCC. Dr. Couch brought this
action, pursuant to 42 U.S.C. § 1983, to remedy an alleged deprivatio... More...   $0 (11-17-2009 - WY)

Saint Louis University (“SLUâ€�) and Paulo Bicalho, M.D., appeal the judgment in favor of Phillip Sgroi and his wife, Alice Geary, in a medical negligence action. A jury found Dr. Bicalho negligent for failing to timely diagnose and treat Mr. Sgroi’s fractured hip and found SLU, Dr. Bicalho’s employer, vicariously liable for his negligence. SLU and Dr. Bicalho present three issues on appeal:... More...   $0 (11-17-2009 - MO)

The Watsons brought actions for ejectment, trespass, quiet title and the establishment of an easement by prescription against the Menses regarding parcels of farmland. The trial court found in favor of the Watsons. The trial court’s judgement as to ejectment damages is reversed. The trial court is required to enter a more definite legal description of the new borderline between the party’s par... More...   $0 (11-17-2009 - MO)

Following a jury verdict, Frederick and Barbara Beaty appeal a judgment denying their medical negligence claims against the defendants, St. Luke’s Hospital of Kansas City, Dr. Desmond Young, Cardiovascular Consultants, P.A., and Dr. Martin Zink III. The Beatys contend the circuit court abused its discretion in: (1) allowing a treating physician to testify as a defense expert after the physician ... More...   $0 (11-17-2009 - MO)

Barbara Brown (Brown) hurt her knee while working as a truck driver for J.B. Hunt Transport Services, Inc. (Hunt). Prudential Insurance Company of America (Prudential), which insured Hunt’s employee welfare benefits plan (Plan), discontinued Brown’s long-term disability (LTD) benefits and ignored her requests for information about its decision. Brown sued Hunt and Prudential under ERISA1 for r... More...   $0 (11-17-2009 - AR)

This case arises from the fatal shooting of DeAunta Farrow and seizure of Unseld Nance by two police officers in West Memphis, Arkansas. The families of Farrow and Nance brought this action under 42 U.S.C. § 1983 and state law against the two officers, as well as the chief of police, the mayor, and the city, alleging in particular excessive force and unreasonable seizure in violation of the Fourt... More...   $0 (11-16-2009 - )

Since the entry of a 1993 consent decree, the district court1 has overseen the enforcement of a settlement in an antitrust class action brought by the above-named class members against the National Football League and its member clubs (NFL or League). Throughout that time, the district court has resolved numerous disputes over the terms of the Stipulation and Settlement Agreement (settlement agree... More...   $0 (11-16-2009 - )

In this lawsuit alleging violations of 42 U.S.C. § 1983, Appellant Steve Rievley, a Dayton City police officer, appeals the denial of his motion for summary judgment on claims made by Appellee Roy Denton. Rievley claims that he should have been granted summary judgment on Denton’s “warrantless arrest� claim because he is entitled to qualified immunity. We

AFFIRM.

I. BACKGROUND... More...   $0 (11-16-2009 - TN)

ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT

In this copyright-infringement action, plaintiff Apple, Inc. and defendant Psystar Corporation have filed cross motions for summary judgment. For the following reasons, Apple’s motion is GRANTED and Psystar’s motion is DENIED.

STATEMENT

Plaintiff Apple Inc. launched its Macintosh computer in 1984 and its Mac OS X operating system... More...   $1 (11-15-2009 - CA)

In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.1 (“SFXâ€�), appeals the district court’s denial of its post-trial motion for judgment as a matter of law (“JMOLâ€�). SFX argues that a reasonable jury could not have found SFX liable for wanton conduct based on its staging of an August 2003 motorcycle race in which Arthur Wagner, Jr. (“Wagnerâ€�), crashed and was se... More...   $0 (11-13-2009 - KS)

In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word “afterâ€� because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’... More...   $0 (11-13-2009 - IL)

Academic Imaging, LLC, and Newark Health Imaging, LLC (“NHIâ€�), filed suit against Soterion Corp., Soteria Imaging Services, Inc., and other parties, in connection with Academic’s purchase of Soterion’s interest in NHI, which Academic and Soterion owned jointly. Academic and NHI brought a number of causes of action in tort and contract, including conversion, violation of Ohio Rev. Code § 1... More...   $0 (11-13-2009 - OH)

TexVa, Inc. (“TexVaâ€�) and R. Bradley Bierman (“Biermanâ€�) appeal the trial court's order granting the special appearances of Cindy Hayes (“Hayesâ€�) and James Boone (“Booneâ€�), both residents of California. Appellants contend that the trial court erred in sustaining the special appearances of Boone and Hayes. For the reasons set forth below, we conclude that Hayes' and Boone's contact... More...   $0 (11-13-2009 - TX)

Is it reversible error to permit a jury to decide a case based on an instruction that is neither supported by the evidence, intended by the trial court, nor properly defined? Because we conclude that it is, we reverse and remand.

FACTUAL SUMMARY

Doris Penrod appeals from a take nothing judgment entered in favor of David R. Schecter, M.D., Individually, and d/b/a Schecter and Blumenf... More...   $0 (11-13-2009 - TX)

This is an appeal from a summary judgment in a lawsuit by a client against his attorneys. In his response to the motion for summary judgment on his professional negligence claim, appellant failed to raise a material fact issue concerning causation or damages. He is not entitled to any recovery under his other claims. We affirm the trial court's judgment.

Kevin Walker and Angela Walker cont... More...   $0 (11-13-2009 - TX)

In this products-liability action, Appellants Debbie Hunter et al. (the Hunters) appeal a take-nothing judgment, raising three issues. We will affirm.

Background

Bob Hunter was killed in a post-collision fire that occurred after the 1999 Ford F-350 diesel pickup truck he was driving collided nearly head-on with a Toyota pickup truck. The Toyota’s driver was killed... More...   $0 (11-13-2009 - TX)

Nancy McKenna appeals from a take nothing judgment in her suit for gender discrimination against W & W Services, Inc. In her sole issue, McKenna claims that the trial court erred in denying her Batson challenge. We affirm.



Background

McKenna applied for a job as a truck driver with W & W Services. W & W Services did not hire McKenna, and McKenna believed that ... More...   $0 (11-13-2009 - TX)

In five issues, which can be properly construed as two, appellant, Netrana, L.L.C. ("Netrana"), challenges a summary judgment granted in favor of appellee, TXU Business Services Company ("TXU"). We affirm.

I. Background

On June 2, 2006, Netrana, a consulting firm, contracted with TXU to provide project management services. The agreement provided the following:

ARTICLE 6: TERM... More...   $0 (11-12-2009 - TX)

Kaiser Eagle Mountain, Inc. (“Kaiserâ€�) seeks to build a landfill on a former Kaiser mining site near Joshua Tree National Park (“Joshua Treeâ€�). As part of its landfill development plan, Kaiser sought to exchange certain private lands for several parcels of land surrounding the mine site and owned by the Bureau of Land Managment (“BLMâ€�). Several parties, including the National Parks Con... More...   $0 (11-11-2009 - CA)

This case involves the conflict between the right of families to be free of arbitrary governmental interference and the legitimate role of the state in protecting children from abuse. In 2005, B.F., the fourteen-year old daughter of Melissa Burke and Clifton Farina, ran away from home. One week after she returned, Mark Foster, an Alameda County police officer, met with B.F. to discuss formally the... More...   $0 (11-11-2009 - CA)

City of Kansas City v. Unknown and Unrepresented Personal and Olin Miller

The City of Kansas City, Missouri (“Cityâ€�) petitioned the Circuit Court of Platte County, Missouri (“trial courtâ€�) to allow it to disinter and reinter human remains, pursuant to section 214.208.3 RSMo 2000, from four private cemeteries allegedly owned by City and located on the grounds of Kansas City International Airport (“KCIâ€�). The trial court denied the petition, for the stated rea... More...   $0 (11-10-2009 - MO)