This case involves a dispute regarding a beach access easement. The property is located in the Township of Long Beach, on a portion of Long Beach Island known as Loveladies. Plaintiffs, who we will generally refer to as the Rosens or the Rosen family, brought this action seeking enforcement of a claimed access easement over the beachfront property owned by defendants, Peter and Eileen Keeler. The ... More...   $0 (01-27-2010 - NJ)

Linda Smith sued Laureate Psychiatric Clinic and Hospital, Inc. on a medical negligence theory (medical malpractice) claiming that Defendant failed to exercise due care in the care and treatment of her Father and, as a direct result, he was able to commit suicide while a patient at Defendant's facilities. Plaintiff claimed that Defendant's staff failed to adequately monitor her father and as a res... More...   $0 (01-27-2010 - OK)

The Boy Scouts of America and the Ore-Ida Council, Inc., Boy Scouts of America (collectively the BSA) were granted a permissive interlocutory appeal to challenge the district court’s ruling that the claims asserted in this case by Ronald Morgan, John Doe I, and John Doe II (collectively the Does) are not barred by the statute of limitations. We reverse and remand for further proceedings.
More...   $0 (01-27-2010 - ID)

In this case, an equipment owner had been leasing construction equipment to one of its customers. At the suggestion of the equipment owner, the customer agreed to enter into a lease-purchase agreement if the equipment owner could find an entity that would finance the transaction. The equipment owner contacted a leasing broker, who contacted a financing entity that agreed to purchase the equipment ... More...   $0 (01-27-2010 - ID)

Angelique Roberts sued Anita Peck-Donley on an auto negligence theory. The claims made and defenses asserted are not available.... More...   $0 (01-26-2010 - OK)

Julie Graves sued Sirisha Palem on an auto negligence theory. The claims made and defenses asserted are not available.... More...   $0 (01-26-2010 - OK)

Before Richard and Patricia Shoalmire purchased a tract of Panola County land and what turned out to be a mobile home located on that land, the previous property owners, Thaddie Ray and Jimmie Lynn Pool Greer (the Greers), may have taken steps to have the mobile home recognized as part of the real property, rather than as personal property. Also before closing, the Shoalmires had visited the prop... More...   $0 (01-26-2010 - TX)

¶1 Eva June Crowell died following an acute asthma attack that she suffered while incarcerated in the Cleveland County Jail. At the time of the attack, jail personnel had possession of Ms. Crowell's inhaler. The personal representative of her estate has alleged that the jail personnel unnecessarily delayed furnishing Ms. Crowell the inhaler after being notified of her emergency need for it. The p... More...   $0 (01-26-2010 - OK)

The plaintiffs, Erik M. Pin, a minor, and his mother, Carrie L. Pin,1 appeal from the judgment in favor of the defendants, David L. Kramer, an orthopedic surgeon, and Danbury Orthopedic Associates, P.C., following a jury trial on their medical malpractice claim.

On appeal, the plaintiffs claim that the court improperly (1) restricted their questioning of potential jurors during voir dire,... More...   $0 (01-26-2010 - CT)

The plaintiff, Charles J. Baranowski, Jr., appeals from the judgment of the trial court, rendered after a jury trial, in favor of the defendant Sundel & Milford, Inc.1 On appeal, the plaintiff claims that the court improperly (1) declined to instruct the jury that expert testimony was not required to apply the law and (2) granted the defendant’s motion to preclude the testimony of an expert witn... More...   $0 (01-26-2010 - CT)

20 These cases concern the boundaries of disclosure
21 obligations in registration statements and prospectuses
22 filed on Form N-1A pursuant to the Securities Act of 1933
23 (“Securities Act�), 15 U.S.C. § 77a et seq. In separate but
24 substantially similar putative class actions, two groups of
25 plaintiffs brought claims under sections 11, 12(a)(2), and
26 15 of th... More...   $0 (01-25-2010 - NY)

The defendant, The Connecticut Water Company,1 appeals2 from the judgment of the trial court, which found that the defendant had breached its lease agreement (lease) with the plaintiff, 19 Perry Street, LLC, and ordered immediate possession of the leased premises in favor of the plaintiff. On appeal, the defendant claims that the trial court improperly: (1) interpreted paragraph five of the lease,... More...   $0 (01-25-2010 - CT)

From 2002 to 2007, Jon White was an elementary schoolteacher in two central Illinois school districts, first the McLean County School District and then the Urbana School District. During that time, he sexually abused several female students in both districts.

In this appeal, we address the liability of the McLean County School District for allowing White’s abuse to occur. The case is more... More...   $0 (01-22-2010 - IL)

This is a personal injury action brought pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. The jury found the defendant negligent but reduced the award of damages substantially based on a finding of contributory negligence. The plaintiff appeals, posing claims of both instructional error and evidentiary insufficiency. In the end, however, all roads lead to Rome, and a ... More...   $0 (01-22-2010 - MA)

Carl Schnorr, age 38, sued the Long Shot Lanes in Bad Axe and its bouncer, Jason Krause, on civil assault and battery, negligence, and respondeat superior theories claiming that his face was smashed by Krause when he attempted to help a friend who had danced with another man's wife. Plaintiff's jaw was broken in the assault.

The defenses asserted by Defendants are not available.... More...   $300000 (01-22-2010 - mi)

Plaintiff, a Chicago area construction worker, was severely injured when he fell from a scaffold that he claimed did not have adequate fall protection, sued on a negligence theory to recover for the injuries and damages sustained by him. He claimed that he was injured as a result of inadequate fall protection, namely the absence of a proper mid-rail, which failed to stop the worker’s fall from a... More...   $1320000 (01-22-2010 - )

The plaintiffs in this appeal brought an action under 42 U.S.C. § 1983 alleging that a mental health specialist, two sheriff’s deputies, and the County of Contra Costa violated the Fourteenth Amendment due process rights of their son, Robert Clouthier, by failing to prevent his suicide while he was in pretrial detention. The district court granted summary judgment in favor of the defendants. We... More...   $0 (01-21-2010 - CA)

Dondia Bell sued James Edwards on an auto negligence theory. The claims made and defense asserted are not available.... More...   $2489 (01-20-2010 - Ok)

This case is before us on remand from the Oregon Supreme Court. In our previous decision, we determined in part that, for the purposes of plaintiffs' claim for breach of an express warranty, there was insufficient evidence in the record to permit a jury to find that defendant's territory manager had apparent authority to warrant a stucco siding system manufactured by defendant and installed in pl... More...   $0 (01-20-2010 - OR)

Plaintiff and appellant Julie Nieto failed to disclose information about her medical condition and treatment on a health insurance application she submitted to defendant and respondent Blue Shield of California Life & Health Insurance Company (Blue Shield). She filed an action against Blue Shield after it rescinded her insurance policy. The trial court granted Blue Shield‘s motion for summary ju... More...   $0 (01-19-2010 - CA)

Jacob Griffey appeals a judgment in favor of Penn-Star Insurance Company declaring that Griffey's personal injury claim against BJB Liberty, L.L.C., was excluded from coverage under its commercial liability insurance policy. The judgment is reversed.

Background

On April 7, 2004, Jacob Griffey was at a bar in Liberty, Missouri, known as The Pub House. The bar was operated by BJB L... More...   $0 (01-19-2010 - MO)

Ernesto Tamez sued Maxim Crane Works on a negligence theory claiming that he was severely injured in an industrial accident at BP's oil refinery in Texas City, Texas on January 18, 2006, when he was struck by an oil burner being lifted by a Maximum Crane Works crane operator. Mr. Tamez suffered crushing injuries to his ribs, back, neck and shoulder, and endured extensive surgeries to repair the da... More...   $1720000 (01-19-2010 - TX)

Alice J. Banks attended a social event at an Elks Lodge in Nashville on March 24, 2006. While she was there, the chair on which she was seated collapsed, causing serious injuries to Ms. Banks’s back. Ms. Banks consulted with Dr. Robert 1 H. Boyce, a physician affiliated with Premier Orthopaedics and Sports Medicine, P.C. (“Premier Orthopaedicsâ€�), who recommended lumbar surgery at the L3-L4 a... More...   $0 (01-18-2010 - )

The Family and Estate of Gregory Potts sued Alabama Power Company and its President, James Farley, on an auto negligence theory seeking damages for the wrongful death of Potts, age 50. Farley, age 82, struck and killed Potts as he crossed a street at the Southern Research Institute on Februaury 11, 2009 while delivering mail from one SRI building to another.

Farley testified that he was tr... More...   $1700000 (01-16-2010 - AL)

Brigheta Webster sued Mercy Health Center, Inc.; Phoenix Physician Services, Inc.; Mark Gl Lipe, M.D.; and Trudi Freeland, A.R.N.P. on medical negligence (medical malpractice) theories. The claims made and defenses asserted are not available.... More...   $0 (01-15-2010 - OK)