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Civil Procedure Law
Retha C. Klopfenstein v. Oklahoma Department of Human Services

1 In this accelerated appeal under the Oklahoma Administrative Procedures Act (OAPA), 75 O.S.2001 & Supp. 2007 §§ 250 through 323, Appellant, Retha C. Klopfenstein, seeks review of the trial court's dismissal for want of jurisdiction of her petition seeking review of an administrative agency order. After reviewing the facts and the law, we reverse and remand.


2 Appellant is ... More...   $0 (02-07-2008 - OK)

Melvin Davis, et al. v. Coca-Cola Bottling Co. Consolidated

The plaintiffs in this employment discrimination case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, are seven employees and two former employees of Coca-Cola Bottling Co. Consolidated ("CCBCC"). In their complaint, they allege that CCBCC is maintaining a "pattern or practice" of discrimination against them and all other similarly sit... More...   $0 (02-06-2008 - AL)

Richard Harrell v. Melvin Bowen

In this case we determine whether, as a matter of law, a claim for punitive damages may be asserted against a decedent's estate on the basis of his alleged "egregiously wrongful acts." We hold that it may not and therefore affirm the decision of the Court of Appeals.


On 19 May 2005, plaintiff Richard Harrell filed a summons and complaint initiating a civil action against M... More...   $0 (02-06-2008 - SC)

Silester Rivers v. Stephanie Genardini Solley

1 This is a sanctions case for an Arizona Rule of Civil Procedure 26.1 (Rule 26.1) discovery violation. Silester Rivers (Rivers) appeals the trial court's dismissal of his personal injury claim for failing to disclose the existence of a prior accident resulting in emergency room treatment. Rivers did not disclose the prior accident during discovery and never mentioned it during his Independent Me... More...   $0 (02-05-2008 - AZ)

Ellen Palmer, et al. v. Friendly Ice Cream Corporation

The sole issue raised by this appeal is whether an order denying class certification is an appealable final judgment. The plaintiffs,1 thirty-seven persons employed as waiters or waitresses by the defendant, Friendly Ice Cream Corporation, appealed from the order of the trial court to the Appellate Court, which dismissed the appeal for lack of a final judgment. We granted the plaintiffs' pe... More...   $0 (02-05-2008 - CT)

Carolyn May v. Travelers Property and Casualty Company of America

Carolyn May, a Colorado resident and passenger injured in a motor vehicle accident, sued the insurer of the vehicle, Travelers Property Casualty Company of America (Travelers), a Connecticut corporation. Mrs. May sought reformation of the insurance policy for added personal injury protection (APIP) benefits in conjunction with the now repealed Colorado Auto Accident Reparations Act, Colo. Rev... More...   $0 (02-04-2008 - CO)

Nicholas Sorensen, et al. v. John P. Barbuto, M.D. dba Neurology in Focus

1 This case comes before us on a writ of certiorari to the Utah Court of Appeals. We granted the writ of certiorari on two questions: (1) whether by filing a personal injury suit Nicholas Sorensen waived any duty of confidentiality encompassing ex parte communications between himself and Dr. John Barbuto in that suit; and (2) whether the court of appeals erred in construing the scope of the ... More...   $0 (02-01-2008 - UT)

Arthur L. Clark, et al. v. Lynne Boscher, et al.

Appellants Arthur L. and Rita M. Clark, the trustees of the several Clark family trusts, Theodore Pérez, and Golden Acres Development Corporation (collectively, "Appellants") brought suit against the former mayor of the City of Westfield and various former city council members and commissioners (collectively, "Westfield") for obstructing the development of a residential subdivision on their land. ... More...   $0 (02-01-2008 - MA)

Gregory Best v. Carl R. Edwards and Sookie M. Edwards

1 Gregory Best appeals from the grant of summary judgment to defendants, Carl and Sookie Edwards and Frank and Frances Salinas, which ended Best's action for specific performance of a real estate option agreement. Best contends that although the Arizona statute of frauds mandates that an option contract for the sale of real property be in writing, the statute does not require that an amendment to... More...   $0 (01-31-2008 - AZ)

Larry Darveau v. Detecon, Inc.

After Detecon, Inc., a small wireless telecommunications consulting company, discharged one of its officers, Larry Darveau, he brought this action, alleging that Detecon had not paid him overtime in violation of the Fair Labor Standards Act of 1938 ("FLSA" or the "Act"), 29 U.S.C. § 207 (2000). Fifteen days later, Detecon filed a fraud suit in state court against Darveau. Darveau then amended... More...   $0 (01-31-2008 - VA)

Jodi Bullock v. Philip Morris, USA, Inc.

Philip Morris USA, Inc. (Philip Morris), a cigarette manufacturer, appeals a judgment in favor of Betty Bullock awarding her compensatory and punitive damages after a jury trial. Philip Morris challenges the findings of liability on several counts based on products liability and fraud, the admission of evidence, the refusal of proposed jury instructions relating to liability and punitive ... More...   $850000 (01-31-2008 - CA)

Conrad J. Dell'oca, et al. v. The Bank of New York Trust Company, N.A.

The DFS Defendants and the Business Plan Robert E. Vener was the president, director and controlling shareholder of DynaCorp Financial Strategies, Inc. (DynaCorp), and the president, chief executive officer, chief financial officer and director of DFS Credit Corporation (DFSCC), a wholly owned subsidiary of DynaCorp. Beginning in 1994, these entities operated under a business plan designed to... More...   $0 (01-31-2008 - CA)

Robert Quihuis v. City of Los Angeles, et al.

Following a hearing before the Board of Rights, appellant Robert Quihuis (Quihuis) was removed from his position as a police officer for the City of Los Angeles (City). Quihuis petitioned the superior court for a peremptory writ of mandate pursuant to Code of Civil Procedure section 1094.5. He argued that the City violated his right to receive notice of the proposed disciplinary action against... More...   $0 (01-31-2008 - CA)

Larry L. Little v. Mitsubishi Motors North America, Inc.

Larry Little, an African American, sued his former employer, Mitsubishi Motors North America, Inc., alleging that it discriminated against him on the basis of race when it laid him off as part of a reduction in force. The district court granted summary judgment and awarded costs to Mitsubishi. Mr. Little appeals both judgments, but because only the appeal of the award of costs raises a nove... More...   $0 (01-31-2008 - IL)

Alberto Fernandez and Susana Fernandez v. Barry University, Inc., et al.

Alberto Fernandez and Susana Fernandez appeal an order dismissing their first amended complaint with prejudice. We reverse to allow the plaintiffs to amend their complaint.

Mr. Fernandez was terminated from his position as Assistant Dean of Information Technology at Barry University. Mr. Fernandez, through counsel, filed a complaint against defendants asserting claims for tort, contract and ... More...   $0 (01-30-2008 - FL)

Xon Blackburn, et al. v. Illinois Central Railroad Company

The defendant, Illinois Central Railroad Company (the Railroad), appeals from the order of the circuit court of Marion County that entered a judgment on jury verdicts in favor of plaintiffs Delbert Copple, Carl Heinrichsmeyer, and Donald Hyatt (the plaintiffs). For the reasons set forth below, we affirm the judgment of the circuit court.


The plaintiffs are among a group of 24 ... More...   $0 (01-30-2008 - IL)

Tillie Morris and Joe Morris v. Halsey Enterprises Company, Ltd.

Plaintiffs Tillie and Joe Morris filed a lawsuit to recover damages allegedly caused by a defective ceiling fan designed and manufactured by defendants Hunter Fan Company, an Illinois corporation, d/b/a Casablanca Fan Company (Casablanca), and Halsey Enterprises Company, Ltd., a Taiwanese corporation (Halsey). In response, Halsey filed a motion to quash service and dismiss for lack of personal... More...   $0 (01-30-2008 - IL)

Bobby Ford v. Roger E. Walker, Jr., et al.

Plaintiff, Bobby Ford, an inmate in the Illinois Department of Corrections (DOC), filed a complaint against defendants, Roger E. Walker, Jr. (DOC's Director); Administrative Review Board (Administrative Board) person Sherry Benton; Illinois Prisoner Review Board (Prisoner Review Board) Chairman Norman Suna; Formal Head Warden Designee Unknown "PP"; Adjustment Committee Chairperson David A. L... More...   $0 (01-29-2008 - IL)

United States of America v. Comprehensive Drug Testing, Inc.

We must decide whether the United States may retain evidence it seized from Major League Baseball's drug testing administrator, and enforce an additional subpoena, as part of an ongoing grand jury investigation into illegal steroid use by professional athletes.


These three consolidated cases arise from the federal investigation of the Bay Area Lab Cooperative ("Balco") and ... More...   $0 (01-27-2008 - CA)

CKE Restaurants, Inc. v. Alicia Moore, et al.

Respondents are Alicia Moore and her counsel, Ropers, Majeski, Kohn & Bentley. Moore, through her counsel, sent a notice to appellant CKE Restaurants (CKE), stating that some of their food products contained a cancer-causing chemical, naphthalene, requiring CKE to warn consumers. CKE brought a declaratory relief action against respondents requesting a determination of whether CKE's food p... More...   $0 (01-27-2008 - CA)

Deborah Daniel v. Unumprovident Corporation, et al.

Deborah Daniel appeals from a judgment of the United States District Court for the Eastern District of New York (Feuerstein, J.) granting defendants' motion for summary judgment and dismissing her complaint. We assume the parties' familiarity with the facts, proceedings below, and specification of issues for review.

Defendant UNUM Life Insurance Company of America ("UNUM Life") issued... More...   $0 (01-25-2008 - NY)

Yoder Brothers, Inc. v. James Weygant

Yoder Brothers, Inc., challenges the order of the trial court denying its motion for attorney's fees pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2004). We conclude that the trial court correctly determined that awarding attorney's fees pursuant to Yoder Brothers' proposal for settlement was inconsistent with section 760.11(5), Florida Statutes (2004), and there... More...   $0 (01-25-2008 - FL)

Shannon W. Ford v. Round Barn True Value, Inc., et al.

In October 2005, plaintiff, Shannon W. Ford, filed a three-count negligence suit against defendants, Round Barn True Value, Inc., doing business as Sunnycrest True Value (True Value); Body Firm, Inc., doing business as Gold's Gym; and Daniel Mark McCulley, doing business as Gold's Gym (Body Firm and McCulley are hereinafter collectively referred to as Gold's Gym), for his injury sustained in... More...   $0 (01-25-2008 - IL)

Edward J. Czarobski v. Grzegorzlata

Plaintiffs, Edward and Annette Czarobski, purchased a home from defendants, Grzegorz and Anna Latta. After plaintiffs learned that the real estate taxes on the home were more than the credits they received at closing, they filed an action in the circuit court of Cook County against defendants seeking money damages based on a reproration.

The circuit court granted defendants' section 2–61... More...   $0 (01-25-2008 - IL)

Larry W. Porter, Jr. d. Decatur Memorial Hospital, et al.

This appeal arises from a medical malpractice action filed in Macon County by plaintiff, Larry W. Porter, Jr. The primary issue for our review is whether count III of a second amended complaint, filed after the applicable statute of limitations expired, relates back to the timely filed previous complaints under section 2–616(b) of the Code of Civil Procedure (the Code) (735 ILCS 5/2–616(b) (W... More...   $0 (01-25-2008 - IL)

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