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Civil Procedure Law
 
Sam Montalvo, Evelyn Montalvo v. Spirit Airlines; The Boeing Company

This case presents the question of whether and to what extent the Federal Aviation Act of 1958 (the "FAA"), 49 U.S.C. § 40103, and its corresponding regulations promulgated by the Federal Aviation Administration regarding aviation safety, preempt state law standards of care, including any state-imposed duty to warn about the risks of deep vein thrombosis ("DVT"). We also address whether... More...   $0 (11-19-2007 - CA)

Time Warner Entertainment-Advance/Newhouse Partnership v. Carteret-Craven Electric Membership Corporation

For many years, Carteret-Craven Electric Membership Corporation, a North Carolina electric cooperative, had a pole-attachment agreement with Time Warner Entertainment-Advance/Newhouse Partnership, a cable service provider, permitting Time Warner to attach its cable to Carteret-Craven Electric's utility poles. The initial fee in the 1997 renewal of the agreement provided that Time Warner p... More...   $0 (11-15-2007 - NC)

Gary Ross v. May Company d/b/a Marshall Field's and Company

Plaintiff-employee Gary Ross appeals from the trial court's order dismissing his third amended complaint pursuant to sections 2-615(a) and 2-619(a)(9) of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-615(a), 2-619(a)(9) (West 2002)). Plaintiff argues that defendant-employer, May Company, d/b/a Marshall Field's and Company, breached his employment contract when it wrongfully ... More...   $0 (11-13-2007 - IL)

Patricia A. Jackson v. Michael J. Astrue

Patricia A. Jackson appeals the district court's dismissal of her challenge to the administrative denial of her application for Supplemental Social Security ("SSI"), filed under Title XVI of the Social Security Act ("SSA"), 42 U.S.C. § 1383(c). The district court dismissed the complaint as untimely, because it was not filed within the 60-day statute of limitations, enumerated in 42 U.S.C. §... More...   $0 (11-12-2007 - AL)

Mark Davenport v. City of Corning, Marvin Steffen and Larry Drew

Mark Davenport appeals from the district court rulings that granted summary judgment in favor of the City of Corning; its former mayor, Marvin Steffen; and its chief of police, Larry Drew; and dismissed his claims for conspiracy, defamation, harassment, and invasion of privacy. We affirm the judgment of the district court in part, reverse in part, and remand for further proceedings.

I. Back... More...   $0 (11-08-2007 - IA)

Cal X-tra, et al. v. Phoenix Holdings

On February 13, 2002, 10K, L.L.C. ("10K") filed an action against Spurlock Land, L.L.C., et. al. for specific performance of an "Amended and Restated Agreement of Purchase and Sale Dated November 25, 1998, Between Spurlock Land, L.L. C., Spurlock Land Investors I Limited Partnership and Spurlock Land Investors II Limited Partnership as Seller and 10K, LLC as Buyer In Connection With 3244 Acres... More...   $171000000 (11-07-2007 - AZ)

Almon B. Heastie v. Daniela Roberts, et al.

Plaintiff, Almon B. Heastie, brought an action in the circuit court of Cook County to recover damages for personal injuries he sustained in a fire which took place while he was involuntarily restrained on a cart while awaiting treatment in the emergency room of the Columbia Olympia Fields Osteopathic Hospital and Medical Center (the Hospital). Named as defendants were the Hospital; Jason H... More...   $0 (11-07-2007 - IL)

Harold Jenkins, Lieutenant, v. Village of Maywood, James Collier, Ralph Connor, et al.

In December 2003, Harold Jenkins sued the Village of Maywood and several of its employees, asserting claims under Title VII and 42 U.S.C. § 1983. On March 9, 2004, the parties filed a joint stipulation (hereafter "Stipulation") for voluntary dismissal without prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(ii). The district court prepared an order of dismissal on that same day, and the c... More...   $0 (11-07-2007 - IL)

Mary C. Acosta v. Hemlata Chheda, D.D.S.

Mary C. Acosta, appeals an order dismissing with prejudice her health care liability suit against appellee, Hemlata Chheda, D.D.S. In her sole issue, Acosta contends that the trial court erred by dismissing her suit for failure to timely file an expert report pursuant to Texas Civil Practice and Remedies Code section 74.351. Footnote

We affirm.

Background

O... More...   $0 (11-05-2007 - TX)

In re Pirelli Tire, LLC

In this case, we consider the limits of a trial court's broad discretion when deciding whether to dismiss on forum-non-conveniens grounds an action brought by a claimant who is not a legal resident of the United States. We conclude that, though by its terms the forum-non-conveniens statute is permissive, the deference it affords trial courts is not without bounds. As with other discretionary... More...   $0 (11-05-2007 - TX)

Rosewoodcare Center, Inc. v. Caterpillar, Inc.

Plaintiff, Rosewood Care Center, Inc. of Peoria (Rosewood), filed an action against defendant Caterpillar, Inc., seeking reimbursement for skilled nursing care services provided to Caterpillar's employee, Betty Jo Cook, while she was a patient at Rosewood. Rosewood alleged in its complaint that Caterpillar had promised to pay for the care and treatment Rosewood provided to Cook. In respons... More...   $0 (11-01-2007 - IL)

Mary Forrest v. Universal Savings Bank, F.A.

Mary Forrest filed suit on behalf of herself and a putative class against Universal Savings Bank, N.A. ("Universal") asserting that Universal had violated the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., by obtaining her credit information for an impermissible purpose. The parties consented to proceed before a magistrate judge, and Universal then filed a motion to dismis... More...   $0 (10-27-2007 - WI)

THIENEMAN MULTIFAMILY PROPERTIES, LLC APPELLANT v. THORNTONS, INC.

Thieneman Multifamily Properties, LLC, (Thieneman) appeals from an order of the Jefferson Circuit Court dismissing its action against Thorntons, Inc. In its verified complaint, Thieneman alleged that Thorntons owns property (tracts 7 and 8) subject to a thirty-foot easement intended to benefit an adjacent parcel (tract 9). Tract 9 was ultimately conveyed to Thieneman. Thieneman alleged that... More...   $0 (10-26-2007 - KY)

Deaudrey Lovelace and Audra Picciano v. BP Products North America, Inc.

Plaintiffs Deaudrey Lovelace and Audra Picciano appeal from the district court's order granting summary judgment in favor of defendant BP Products North America, Inc. ("BP"), in this case alleging retaliation and a racially hostile work environment in violation of Title VII of the Civil Rights Act (42 U.S.C. §§ 2000e-2000e-17), 42 U.S.C. § 1981, and OHIO REV. CODE § 4112. For the reasons st... More...   $0 (10-26-2007 - OH)

Fred W. Bryant, by and through his Legal Guardian, anna M. Perry v. Bayhealth Medical Center, Inc., etc.

The appellant, Fred W. Bryant ("Bryant"), appeals from an order of the Superior Court, granting summary judgment and dismissing his malpractice action against Bayhealth Medical Center, Inc. ("Bayhealth"), as time-barred. We hold in this Opinion that the Superior Court erroneously granted Bayhealth's motion for summary judgment. Accordingly, we reverse and remand.

FACTS AND PROCEDURAL ... More...   $0 (10-22-2007 - DE)

Mary Ann Green, Natural Mother of Gerald McAdoo, Deceased, Appellant, v. Penn-American Insurance Co., et al., Respondents

After obtaining a judgment for invasion of privacy and wrongful death against the owner of a St. Louis area nightclub, Mary Ann Green (Green) brought an equitable garnishment action under section 379.200 against Penn-Star Insurance Company (Penn-Star) in Jackson County.(FN1) She now appeals the adverse decision of the Jackson County Circuit Court. Green claims that the circuit court erred in ru... More...   $0 (10-18-2007 - MO)

Willie B. Duval v. OM Hospitality, LLC, dba Days Inn and Days Inns Worldwide, Inc.

Plaintiff filed a complaint on 25 October 2005 against defendants OM Hospitality, LLC, d/b/a Days Inn ("OMH") and Days Inn Worldwide, Inc. (See footnote 1) ("Day's Inn") alleging a claim for personal injury based upon defendant OMH's negligence. Defendant OMH filed a motion for summary judgment on 8 June 2006 which was denied as todefendant's actionable negligence and allowed as to plaintif... More...   $0 (10-16-2007 - NC)

James Atkinson v. Tanya Lynn Lesmeister and Mary Lou Mott, Administratrix of the Estate of William Lee Mott

James Atkinson ("plaintiff") appeals from order by the trial court dismissing his action with prejudice. We affirm.

On or about 20 March 2003, plaintiff was a passenger in a vehicle driven by Tanya Lesmeister ("defendant Lesmeister") that was involved in a motor vehicle accident. The motor vehicle was owned by William Lee Mott who subsequently died on 25 July 2003. Mary Lou Mott ("defen... More...   $0 (10-16-2007 - NC)

UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON, Appellant V. FRANK GUTIERREZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF THERESA GUTIERREZ, DECEASED, AND AS NEXT FRIEND OF MICHELLE GUTIERREZ, A MINOR, AMANDA GUTIERREZ, FRANK GUTIERREZ JR., and PATRICIA RAMIREZ, Appellees

The Court's opinion and judgment in the above-referenced appeal issued on October 4, 2007. After due consideration, and within its plenary power, the Court sua sponte withdraws its October 4, 2007 opinion and judgment and issues today's opinion and judgment in their stead. See Tex. R. App. P. 19.1 (setting plenary power of courts of appeals).

This is an interlocutory appeal from the deni... More...   $0 (10-15-2007 - TX)

Leland Stahelin and Jes Ventures, LLC v. The Forest Preserve District of Du Page County and Morton Abroetum

Plaintiffs, Leland Stahelin and JES Ventures, L.L.C., are owners of an 18-acre parcel of land bordered on three sides by defendant Morton Arboretum (Morton). Plaintiffs wish to develop the property, and defendant the Forest Preserve District of Du Page County (the District) wishes to preserve the property in its current state, for the benefit of the public. Following negotiations to buy t... More...   $0 (10-10-2007 - IL)

CREST INFINITI II, LP v. SWINTON

1 Petitioners seek extraordinary relief because the order of the trial court requires the attendance of Cecil Van Tuyl and Larry Van Tuyl for depositions via notice to petitioners' counsel, although the named individuals are not named parties. Cecil was noticed to appear in Overland Park, Kansas, and Larry in Phoenix, Arizona. The notices are directed to the named petitioners and specify the na... More...   $0 (10-09-2007 - OK)

Jane Edgar v. Avaya, Inc., et al.

UnknownIn this lawsuit, Jane Edgar, a former employee of Avaya Inc., alleges that Avaya and several of its officers ("defendants") breached their fiduciary duties under § 404 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1104, by offering participants in three employee pension benefit plans the option of investing in Avaya common stock. Edgar commenced the lawsuit aft... More...   $0 (10-03-2007 - NJ)

Juan Manuel Pintando v. Miami-Dade Housing Agency

This case presents the question of whether the district court is divested of subject-matter jurisdiction when a plaintiff amends his complaint so as to omit the federal law claim that originally gave rise to the federal court's supplemental jurisdiction of the plaintiff's remaining state law claims. Because we find that the district court lacked jurisdiction over the case after the plaintiff... More...   $0 (10-02-2007 - FL)

City of Round Rock and Round Rock Fire Chief Larry Hodge v. Mark Whiteaker

This appeal is the latest in the rapidly-evolving jurisprudence addressing, in light of City of Houston v. Williams, (1) the extent to which governmental immunity bars suits arising from alleged violations of local government code chapter 143. Mark Whiteaker, a lieutenant in the Round Rock Fire Department, sued the City of Round Rock and its fire chief, Larry Hodge (collectively, the City), cl... More...   $0 (09-25-2007 - TX)

Peggy Moore v. Cooper Aqrawi, et al.

Appellant, Peggy Moore, sued appellee, Cooper Aqrawi ("Cooper"), for assault and battery, seeking to hold Cooper's employer, appellee Farouq Aqrawi d/b/a Manhattan Limousines of Houston, L.L.C. ("Manhattan"), vicariously liable on these claims. In addition, Moore brought claims against Manhattan for "negligent hiring, training, supervision, and retention" of Cooper. Appellees (collectively, "A... More...   $0 (09-25-2007 - TX)

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