Plaintiffs-appellants, Michael Omstead, Melissa Malloy,
and Lisa Smith (collectively, “plaintiffs�), brought a proposed
class action1 against Dell, Inc. (“Dell�), asserting various
claims under California state law predicated on the allegation
that Dell designed, manufactured, and sold defective notebook
computers. The district court granted Dell’s motion to
stay ... More...   $0 (02-05-2010 - CA)

Defendant Michael Berens is a scientist who applied for and received funding from the National Institutes of Health to research brain cancer using beagle dogs. Plaintiffs Patricia Haight and In Defense of Animals assert that Berens made false and misleading statements in his grant application. They allege that he failed to disclose data showing a high rate of failure in preliminary trials, made fa... More...   $0 (02-05-2010 - CA)

Quet Sledge appeals the district court’s1 order affirming the denial of disability insurance benefits. Sledge alleged disability since January 2005 from degenerative joint disease, anxiety, and a bipolar disorder.

After a September 2007 hearing, where Sledge was counseled, an administrative law judge (ALJ) determined that Sledge had engaged in substantial gainful activity until at least ... More...   $0 (02-05-2010 - MO)

Plaintiff William James Thayer appeals the district court’s entry of
summary judgment in favor of Defendants Mary Adams, Kristi Flisowski and
Margie Gonzales on Thayer’s deliberate indifference claim arising under 42
U.S.C. § 1983. Thayer is an inmate in the custody of the Texas Department of
Criminal Justice (TDCJ). He alleges that defendants inflicted wanton and
unjustif... More...   $0 (02-05-2010 - TX)

ION Geophysical Corporation (NYSE: IO) today announced that on January 29, 2010, the jury in a patent infringement lawsuit filed by ION against seismic equipment provider Sercel, Inc. in the United States District Court for the Eastern District of Texas returned a verdict in its favor. The jury found that Sercel infringed the ION patent and awarded ION $25.2 million in past compensatory damages.... More...   $1 (02-05-2010 - )

David English, age 49, Bay Ltd., Universal Construction, and Alon USA on negligence theories claiming that he suffered a spinal cord injury and was paralyzed from the neck down as a direct result of an accident at Alon's refiner in Big Spring, Texas in 2007. Plaintiff claimed that a stack of electrical cabinets toppled onto him causing him to fall against steps breaking his neck.

English ... More...   $12100000 (02-05-2010 - TX)

Trent Hughes sued Dr. Christopher Pham, a neurosurgeon, on a medical negligence (medical malpractice) theory claiming that the care that he was provided by Defendant fell below the standard of care and harmed him. Plaintiff was injured in an auto accident and was airlifted to Desert Regional Medical Center where Pham was on call. Hughes' spine was fractured. He as not seen until the day after his... More...   $16500000 (02-05-2010 - CA)

Patsy Hamaker sued her former employer, The Furnace, on a negligence theory claiming that she was injured in an auto accident after she was allowed to leave her place of employment on October 17, 2007 while intoxicated. She claimed that it was her job of drink on-the-job and that Defendant violated its rules of her employer.

Defendant claimed that it unsuccessfully tried to keep Plaintiff ... More...   $100000 (02-05-2010 - )

Sonya Hall received long-term disability benefits for nearly five years through the National City Corporation Welfare Benefits Plan (the Plan). Liberty Life Assurance Company of Boston (Liberty Life), the third-party claims 1 Nos. 08-4738/4739 Hall v. Liberty Life Assurance Co. Page 2 administrator, terminated these benefits when it determined that Hall was no longer totally disabled. The Plan the... More...   $0 (02-04-2010 - OH)

The Cincinnati Insurance Company (CIC) sued Beazer Homes Investments, LLC in a declaratory-judgment action to establish that CIC was not obligated to cover the costs that Beazer incurred in repairing water damage to several houses that Beazer had built as the general contractor.

The damage was allegedly caused by faulty workmanship on the part of Beazer’s subcontractors. CIC’s motion f... More...   $0 (02-04-2010 - KY)

Plaintiff, Perry Elam, sued Defendant, Dr. Dhananjai Menzies, on June 22, 2007, alleging negligence in a heart operation that Dr. Menzies performed on Elam on July 21, 2005. After removing this action to federal court under diversity jurisdiction, Dr. Menzies sought summary judgment, arguing that Kentucky’s one year statute of limitations for medical malpractice suits had run. The District Court... More...   $0 (02-04-2010 - KY)

Plaintiffs-appellees brought this action pursuant to the Perishable Agricultural Commodities Act of 1930 (“PACAâ€�), 7 U.S.C. § 499a et seq. Non-party appellant Dibble & Miller, P.C. (“appellantâ€�) appeals from a decision denying its motion to intervene pursuant to Rule 24(a)(2) of the Federal Rules of Civil Procedure. We presume the parties’ familiarity with the underlying allegations, th... More...   $0 (02-04-2010 - NY)

[¶1] This is an appeal from two related district court orders in a declaratory judgment action between the Appellant and the City of Rawlins (City) over a junkyard, which action was consolidated with the appeal of the Appellant’s municipal court conviction for violation of a nuisance ordinance. The first order granted the City partial summary judgment. The second order was entered after a bench... More...   $0 (02-04-2010 - WY)

The respondents, Local Government Center, Inc. (LGC) and its subsidiaries, appeal an order of the Superior Court (Mangones, J.) granting summary judgment in favor of the petitioner, Professional Firefighters of New Hampshire (Professional Firefighters), and ruling that: (1) two of LGC’s subsidiaries are subject to the Right-to-Know Law, RSA ch. 91-A (2001 & Supp. 2009); (2) certain salary inform... More...   $0 (02-04-2010 - NY)

The defendant, Dorothy Kolozetski, appeals the Trial Court’s (Arnold, J.) order applying RSA 477:22 (2001) to award the proceeds of her husband’s one-half interest in the marital residence to Land America Commonwealth Title Insurance Company (Land America). We affirm.

The following facts were either found by the trial court or are supported by the record. Dorothy and John Kolozetski o... More...   $0 (02-04-2010 - NH)

The defendant, LUVRAJ, LLC,1 owned an internet-based jigsaw puzzle business named puzzlewarehouse.com. The business sold puzzles to customers in all fifty states; 120 patrons were located in Minnesota, accounting for roughly 2 percent of defendants’ active customers. In 2005, defendants decided to sell the puzzle business and posted internet advertisements soliciting potential buyers. The plaint... More...   $0 (02-04-2010 - RI)

Plaintiff appeals the dismissal of his complaint against defendant Howard Manosh. The original complaint listed Vermont Asbestos Group (VAG) as the only defendant. Plaintiff subsequently filed proposed amendments to his complaint to add as a defendant the president and CEO of VAG, Howard Manosh. Plaintiff stated that Manosh was personally liable for the alleged trespass and nuisance claims. Af... More...   $0 (02-04-2010 - VT)

Claimant appeals from the superior court’s order granting summary judgment to insurer in this workers’ compensation case.[1] He argues that the court: (1) exceeded its jurisdiction under 21 V.S.A. § 671 by granting summary judgment to insurer; and (2) abused its discretion by excluding the expert testimony that he offered. We affirm the trial court’s decision.

¶ 2. ... More...   $0 (02-04-2010 - VT)

Lespia King, a former deputy in the sheriff’s office for the
City of Roanoke, Virginia, sued Sheriff George McMillan in
his official capacity under Title VII for sexual harassment and
in his individual capacity under Virginia law for battery.
While King’s suit was pending, Octavia Johnson replaced
McMillan as sheriff, and the district court substituted Johnson
as the de... More...   $0 (02-03-2010 - WV)

The district court found that the challenged provisions of New York City’s Zoning Resolution did not impose unconstitutional restrictions on Plaintiffs’ commercial speech rights in violation of the First Amendment or the New York State Constitution. Id. at 481, 508. The district court’s opinion applies to two cases, The factual background giving rise to these disputes 1 is set out in detail ... More...   $0 (02-03-2010 - NY)

24 This interlocutory appeal concerns the attorney
25 compensation structure established by the district court in this
26 ongoing multidistrict litigation ("MDL"), and the applicability
27 of that compensation structure to the Mulligan Law Firm
28 ("Mulligan"). Mulligan represents more than two thousand
29 plaintiffs in upwards of seventy cases that have been transferred
30... More...   $0 (02-03-2010 - NY)

In late 1999, J. Krist Schell and Thomas W. Kent (the appellant here) formed a Nevada corporation, Bradley Reed Lumber, LLC, to import Russian lumber for sale in New England. Schell originally had a one-third interest, Kent the remainder, and the company soon borrowed a quarter of a million dollars from Edward M. Myslik. The two owners personally signed the note and a separate guarantee, and Kent ... More...   $0 (02-03-2010 - NH)

According to the allegations of the complaint, Kitchen International and Evans entered into a contract in 2004. Footnote Evans agreed to supply Kitchen International with manufactured cabinetry for several residential construction sites on the East Coast of the United States. Kitchen International placed these orders from its headquarters in Montreal with the Georgia offices of Evans. The materia... More...   $0 (02-03-2010 - MA)

William J. Short, Jr. Bennie Mozelle Peters, Trustee of the John William Peters and Bennie Mozelle Peters Revocable Trust for violation of Title 60 O.S. sec. 831 by failing to disclose alleged drainage problems to Plaintiff on February 27, 2007.

Defendant denied both the existence of and failure to disclose any alleged defect. Defendant further asserted full performance, waiver, Lack of k... More...   $0 (02-03-2010 - OK)

In this marital dissolution action, the plaintiff, Janak C. Desai, appeals from the judgment of the trial court dissolving his marriage to the defendant, Hemangini K. Desai. The plaintiff claims that the court improperly (1) ordered joint custody while (a) ordering that the defendant be the ultimate decision maker and (b) determining that the minor child’s primary residence be with the defendant... More...   $0 (02-02-2010 - CT)