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Swift & Co., f/k/a ConAgra, Inc. v. Elias Farms, Inc.
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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)
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RWB Services, LLC v. Hartford Computer Group, Inc., et al.
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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)
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Mamot Feed Lot and Trucking, et al. v. Scott Hobson, et al.
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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)
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Star Scientific, Inc. v. R.J. Reynolds Tobacco Company
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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)
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T.J. Schoenlein, Delora Hunter Douglas Bice and Cynthia Bice v. Routt Homes, Inc.
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Routt Homes, LLC ("Defendant") appeals from a judgment in favor of T.J. Schoenlein, Delora Hunter, Douglas Bice and Cynthia Bice (jointly, "Plaintiffs") in the Circuit Court of St. Charles County. Defendant argues that the trial court erred in finding in favor of Plaintiffs because Plaintiffs failed to prove they suffered an ascertainable loss of money or property. We find that the trial court err... More... $20000 (08-24-2008 - MO)
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Wal-Mart Stores, Inv. v. Thomas M. "Tom" Coughlin
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Wal-Mart Stores, Inc. sued Thomas Coughlin for breach of fiduciary duty to disclose material facts before entering into a self-dealing contract, and (2) his fraudulent inducement of Wal-Mart to enter into the Retirement Agreement, which incorporated a Mutual General Release (Release) between the parties, by his failure to disclose material facts and by his affirmative misrepresentations. We agree ... More... $1 (08-22-2008 - AR)
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Specialty Beverages, L.L.C. v. Pabst Brewing Company
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Plaintiff Specialty Beverages, L.L.C. sued Defendant Pabst Brewing Company for breach of contract and fraud. Specialty Beverages and Pabst both filed motions for judgment as a matter of law pursuant to Rule 50(a) of the Federal Rules of Civil Procedure. The district court granted Pabst’s motion regarding Specialty’s fraud claim and granted Specialty’s motion regarding Pabst’s impossibility... More... $0 (08-22-2008 - OK)
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Susan E. Rivas v. Overlake Hospital, et al.
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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)
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Sovereign Cherokee Nation Tejas v. Frank Hernandez
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Sovereign Cherokee Nation Tejas sued Dallas attorney Frank Hernandez on breach of contract, fraud and other theories claiming that the acted beyond his authority as it general counsel when he raised money from investors on the tribe's behalf to buy land for a casino the tribe says it neither knew about nor wanted.
The defenses asserted by Hernandez are not available.... More... $22000000 (08-21-2008 - TX)
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Paul Boschetto v. Jeffrey D. Hansing, et al.
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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)
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Astrazeneca AB, et al. v. Apotex Corp., Apotex, Inc. and Torpharm, Inc.
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Apotex Corp., Apotex, Inc., and Torpharm, Inc., (collectively, “Apotex”) and Impax Laboratories, Inc., appeal judgments entered against them by the United States District Court for the Southern District of New York. Apotex and Impax were defendants in a multidistrict litigation initiated by plaintiffs Astrazeneca AB, Aktiebolaget Hassle, KBI-E, Inc., KBI, Inc., and Astrazeneca LP (collectively... More... $0 (08-20-2008 - NY)
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Maria D. Garcia, et al. v. Vanguard Car Rental USA, Inc., et al.
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These consolidated declaratory judgment and wrongful death actions require us to interpret the Graves Amendment, 49 U.S.C. § 30106, a federal tort reform statute which purports to shield rental car companies from certain vicarious liability suits. We conclude that the tort claims at issue are within the Amendment’s preemption clause and not within its savings clause. We further conclude the sta... More... $0 (08-20-2008 - FL)
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Jack Oltman v. Holland America Line, Inc.; Holland America Line - USA, Inc.
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Jack Oltman and his mother, Bernice Oltman,1 allege that they both contracted a serious gastrointestinal illness on a cruise ship operated by Defendants Holland America Line, Inc. and Holland America Line—USA, Inc. (collectively, Holland). Together with Jack’s wife Susan, they filed an action against Holland in Washington state court, which later dismissed the action based on a forum selection... More... $0 (08-20-2008 - WA)
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Richard A. Yabsley v. Cingular Wireless, LLC
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Respondent Cingular Wireless, LLC (Cingular) advertises a cellular phone for sale at half the retail price if the purchaser also enrolls in a calling plan package. The California Code of Regulations requires that the sales tax must be computed against the non-sale price of the product. The regulation permits, but does not require, that the charge be passed on to the customer. Cingular does so with... More... $0 (08-19-2008 - CA)
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Cleveland A. Tyson v. Amerigroup Corporation
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Amerigroup Corporation has agreed to pay $225 million to resolve claims that it defrauded the Illinois Medicaid program, the Justice Department and the Attorney General of Illinois announced today. Amerigroup, which is headquartered in Virginia Beach, Va., operates managed health care plans throughout the United States.
Today’s settlement resolves allegations that Amerigroup and its Ill... More... $225000000 (08-18-2008 - IL)
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Federal Trade Commission v. Airborne Health, Inc.
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Airborne Health, Inc., the Bonita Springs, Florida maker of the popular Airborne Effervescent Health Formula, an effervescent tablet marketed as a cold prevention and treatment remedy, has agreed to pay up to $30 million to settle Federal Trade Commission charges that it did not have adequate evidence to support its advertising claims. The FTC’s lawsuit also names Victoria Knight-McDowell, the f... More... $23510000 (08-18-2008 - DC)
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St. Paul Fire and Marine Insurance Company v. Compaq Computer Corporation
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St. Paul Fire & Marine Insurance Company brought this declaratory judgment action for a ruling that it had no duty to defend its insured, Compaq Computer Corporation (Compaq), in a case brought against it in Texas by Hal LaPray (LaPray litigation). Compaq counterclaimed for a declaratory judgment that St. Paul had such a duty and for breach of contract damages and then moved for statutory damages ... More... $0 (08-15-2008 - MN)
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Securities and Exchange Commission v. Vivendi Universal, S.A.
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The Securities and Exchange Commission today announced the distribution of more than $48 million to more than 12,000 investors who were victims of fraudulent financial reporting by media conglomerate Vivendi Universal, S.A. Investors receiving checks reside in the United States and in 15 other countries. More than half bought their Vivendi stock on foreign exchanges and are receiving their Fair Fu... More... $0 (08-15-2008 - DC)
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State ex rel. Stephanie Sasnett, Maris Sasnett, Bryan Sasnett, and Mandy Vierthaler v. Honorable Kelly Moorhouse, Judge, Div. 9, Circuit Court of Jackson County, Missouri
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On December 21, 2005, Stephen Sasnett was killed in an automobile accident at the intersection of 18th and Charlotte in Kansas City, Missouri. The accident occurred when Tina Jons ran the red light controlling her course of travel. A vehicle driven by Ronald Brooks struck Ms. Jons's vehicle. Ms. Jons's vehicle became airborne and landed on Stephen Sasnett's vehicle, causing his death.
On Ju... More... $0 (08-15-2008 - )
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Cecile Alch, et al. v. Superior Court of the State of California for the County of Los Angeles (Time Warner Entertainment Company, et al.)
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Television writers filed class action lawsuits against studios, networks, production companies and talent agencies, asserting an industry-wide pattern and practice of age discrimination. The writers served subpoenas on third parties, including the Writers Guild of America, seeking data on Writers Guild members from which they could prepare a statistical analysis to support their claims of age disc... More... $0 (08-14-2008 - CA)
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Shaun O. Parker, DDS v. State of Nebraska ex rel. John Bruning, Attorney General
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Shaun O. Parker, D.D.S., appeals the State’s disciplinary action. In November 2006, the director of the Department of Health and Human Services Regulation and Licensure (the Department) revoked Parker’s license to practice dentistry. Parker sought review by the district court. The court affirmed the order revoking his license. On appeal, Parker argues that the State denied him procedural due p... More... $0 (08-14-2008 - NE)
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Economy Fire & Casualty Company, et al. v. Hollis L. Brumfield, et al.
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This litigation arises from an October 1999 car accident, in which defendant Beau Drewes, who was driving a vehicle owned by his father and defendant Michael Drewes, struck a vehicle driven by defendant and counterplaintiff-appellant and cross-appellee Hollis L. Brumfield. Michael's car was insured by plaintiff and counterdefendant-appellee and cross-appellant Economy Fire and Casualty Company (Ec... More... $0 (08-13-2008 - IL)
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Djbas Living Trust, et al. v. Pamela Meinhardt, et al.
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[¶1.] DJBAS Living Trust (Trust) bid $10,000 for real property at a sheriff’s sale. The judgment on the real property was $99,507.56 plus post-judgment interest, attorney’s fees, taxes, and other advancements. CorTrust Mortgage, Inc. (CorTrust) was authorized to bid the judgment amount, but missed the sheriff’s sale by three minutes. South Dakota Housing Development Authority (SD Housing) m... More... $0 (08-13-2008 - SD)
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Peter v. Thompson, et al. v. Toll Dublin, LLC, et al.
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Defendants Toll Dublin, LLC (Toll Dublin), Toll Brothers Real Estate, Inc. (Toll Brothers), and James Whiteley Boyd (Boyd) (collectively, defendants) appeal the trial court’s order denying their motion to compel arbitration after plaintiffs Peter V. Thompson, Deborah Thompson, Kim K. Thompson, Brooke Turner, Donna J. Covey, James Turner, Valerie Raymundo-Enrile, Efren D. Enrile, Jr., Alfred Toy,... More... $0 (08-13-2008 - CA)
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Marva Saunders, et al. v. Farmers Insurance Exchange
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These are purported class actions on behalf of persons living in a “single, contiguous black community in Kansas City.” Plaintiffs allege, inter alia, that defendant insurance companies (“the Insurers”) violated the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., and 42 U.S.C. §§ 1981 and 1982, by “charg[ing] higher premium rates for the same type of homeowner’s coverage to homeowners... More... $0 (08-13-2008 - MO)
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