Plaintiff-appellant Centerprise International, Ltd. (“Centerprise”), a British computer manufacturer that purchased dynamic random access memory (“DRAM”) outside of the United States, appeals the district court’s dismissal of its complaint for lack of subject matter jurisdiction under the Foreign Trade Antitrust Improvement Act of 1982 (“FTAIA”), 15 U.S.C. § 6a, amending the Sherman... More...   $0 (10-10-2008 - CA)

Stacey Hartline appeals from a decision of the United States District Court for the Eastern
15 District of New York (Hurley, J.) granting summary judgment to Defendants on her claims under
16 42 U.S.C. §§ 1983 and 1985, and declining to exercise supplemental jurisdiction over her state
17 law claims. On appeal, Hartline argues that the district court erred in granting judgment to the... More...   $0 (10-08-2008 - NY)

Wiley v. County of San Diego (1998) 19 Cal.4th 532 (Wiley) held that factual innocence is an element of a legal malpractice action stemming from representation in an underlying criminal trial. Later, Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194 (Coscia) held that the legal malpractice plaintiff must obtain postconviction exoneration in the underlying case in order to establish the element of f... More...   $0 (09-25-2008 - CA)

In this interlocutory appeal, appellants the City of League City, Texas ("the City") and League City police officers Raymond Singleton and Walter Hammann (collectively "the officers") appeal the trial court=s order denying their motion to dismiss. In their sole issue on appeal, appellants contend the trial court erred in denying their motion to dismiss the claims filed by appellee, Kenneth Castee... More...   $0 (09-25-2008 - TX)

¶ 1 At 2872 EDA 2007, Philadelphia Waterfront Partners, LP (PWP), Charles L. Kamps III, Scott A. Blow, Patrick T. Hanley, and Todd Kamps appeal from the October 22, 2007, Order granting The Law Office of Douglas T. Harris, Esquire and Douglas T. Harris, Esquire’s motion to compel and directing production of aforementioned appellants’ Blow and Hanley’s broken computers for discovery. At 2873... More...   $0 (09-22-2008 - PA)

This case stems from an ill-conceived effort to transfer assets to a new corporation in order to shield them from a money judgment. The principal shareholder of both corporations, Richard Moretti, has been found liable for the transfer, and has elected not to appeal. The district court also ruled that the accountant and lawyer for Moretti and his companies participated in a civil conspiracy with M... More...   $0 (09-11-2008 - OH)

Lisa Rozier and the Rozier Group, Inc. (collectively Defendants) appeal from the judgment in favor of Vicki Czapla and Tracee Davis (collectively Plaintiffs) for $125,000 arising from Plaintiffs' fraud claim. On appeal, Defendants argue the trial court erred in entering judgment in favor of Plaintiffs because: (1) a bankruptcy "stay" prevented the state court case from proceeding and (2) there was... More...   $0 (09-09-2008 - MO)

In September, 2003, the plaintiffs, class A limited partners of Neptune Towers Associates (Neptune), filed an action in the Superior Court alleging four counts of breach of fiduciary duty against Neptune's general partners (general partners) and its attorney, William Bailey. The defendants answered and filed a counterclaim in January, 2005, alleging abuse of process, civil conspiracy, and defamati... More...   $0 (09-02-2008 - MA)

Before the Court are the following: (1) Appellant’s appeal of a district court’s order granting Appellee’s motion to compel responses and produce documents Appellant contends are protected by the attorney-client privilege; (2) Appellant’s companion petition for writ of mandamus seeking to compel the district court judge to vacate the order as it relates to the motion to compel; and (3) App... More...   $0 (09-02-2008 - GA)

In this case arising out of diversity jurisdiction, we are asked to decide whether Robinette Amaker, the surviving sister of Bradley Gierlich, may bring suit against defendants King County, Stanley Medical Research Institute (“SMRI”), and E. Fuller Torrey, after the King County Medical Examiners Office (“KCMEO”) provided Bradley’s1 brain, liver, and spleen tissue to SMRI for use in medic... More...   $0 (08-30-2008 - WA)

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)

On January 24, 2007, plaintiff Kenin L. Edwards filed a single-count, pro se complaint against defendant City of Henry, requesting damages for alleged violations of the Illinois Antitrust Act (Act) (740 ILCS 10/1 et seq. (West 2006)). The City filed a "Motion to Dismiss and for Sanctions" claiming immunity under the Act (740 ILCS 10/5(15) (West 2006)) and alleging that plaintiff lacked a good-fait... More...   $0 (08-19-2008 - IL)

Plaintiff-appellant Centerprise International, Ltd. (“Centerprise”), a British computer manufacturer that purchased dynamic random access memory (“DRAM”) outside of the United States, appeals the district court’s dismissal of its complaint for lack of subject matter jurisdiction under the Foreign Trade Antitrust Improvement Act of 1982 (“FTAIA”), 15 U.S.C. § 6a, amending the Sherman... More...   $0 (08-14-2008 - CA)

Plaintiff, Susan B. Kern, M.D., brought an action on October 27, 2005, seeking an injunction against the action of defendant, Richard Regan, M.D. (Regan), and Arlington Ridge Pathology, S.C. (Arlington). The Arlington board of directors with Regan as president of the board amended Arlington’s articles of incorporation (articles) on October 21, 2005, to be effective on October 26, 2005. The amend... More...   $0 (08-12-2008 - IL)

Richard Campfield is both an owner of an auto-glass repair shop and the holder of fourteen patents for processes to repair or prevent windshield cracks. He believes, contrary to industry practice, that it is feasible—indeed, safer—to repair many windshield cracks between six and eighteen inches long rather than to replace the windshield. In 2003, apparently exasperated with his lack of success... More...   $0 (08-08-2008 - CO)

Curtis Sellers and Harvey Development Co., both licensed real estate brokers, demanded compensation from Marcelo Gomez for their services in the sale of the Park Cinema Theater in El Paso. Mr. Gomez refused because there was no signed commission agreement. Mr. Sellers and Harvey Development sued Mr. Gomez and his attorney, Michael Ainsa, for theft of services, fraud, breach of fiduciary duty, and... More...   $0 (08-07-2008 - TX)

Shawn Connors appeals an adverse summary judgment on his excessive force, unlawful seizure, and conspiracy claims against law enforcement officers Ben Smith and Brian Smith and the Livingston Parish Sheriff’s Office through Sheriff Willie Graves. The district court determined that Connors could not pursue his claims against the defendants because they were entitled to qualified immunity. We affi... More...   $0 (08-07-2008 - LA)

In this consolidated appeal, Mary Therese Charles appeals separate orders dismissing her action against Quantum Title Services, LLC, Envision Funding, LLC, and Cesar Jose, Envision’s principal, for failure to state a cause of action. Because the complaint alleges sufficient facts to state at least one cause of action against each of these parties, we reverse.

We review the instant dismiss... More...   $0 (08-06-2008 - FL)

Kehm Oil and Golden Oil (collectively, “Kehm”), owned by George Kehm, were dealers of Texaco-branded gasoline in Western Pennsylvania for 44 years, owning 28 Texaco gas stations by the end of the relationship. Over that period of time, Kehm entered into franchise agreements with various distinct Texacoowned entities, including Motiva Enterprises, LLC (“Motiva”).

Motiva, which was at... More...   $0 (08-03-2008 - PA)

On September 26, 2002, plaintiff-appellant Maher Arar, a dual citizen of Syria and Canada, and
the subject of a U.S. government “lookout,” J.A. 88, was detained by U.S. authorities at John F.
Kennedy International airport in New York City (“JFK Airport”) while en route from Tunisia to
Montreal. On October 7, 2002, J. Scott Blackman, then the U.S. Immigration and Naturalization<... More...   $0 (08-03-2008 - NY)

¶1 In this appeal we are asked to determine whether the district court erred in granting summary judgment to 4Life Research, L.C. (4Life). The district court concluded that Nu-Med USA, Inc.’s (Nu-Med) claims were barred by rule 13 of the Utah Rules of Civil Procedure as compulsory counterclaims that were required to be litigated in prior litigation between the parties.

The court also rej... More...   $0 (07-30-2008 - UT)

In 1998, forty-six states, as well as several territories (“the settling states”), entered into a Master Settlement Agreement (“MSA”) with the four major tobacco companies. By that agreement, the settling states agreed to release the tobacco companies from liability for claims the states had against them to recover for tobacco-related health costs, and the tobacco companies in turn agreed ... More...   $0 (07-30-2008 - OK)

Julie Crouch was employed at Tarleton State University as the annual giving officer. After her employment was terminated, Crouch sued her former supervisor, Andrea Trinque, and Trinque=s supervisor, Koy Floyd. Crouch asserted claims of intentional infliction of emotional distress, defamation, tortious interference, and conspiracy. The defendants filed a traditional motion for summary judgment b... More...   $0 (07-26-2008 - TX)

These appeals arise out of litigation brought against an attorney for the allegedly improper actions he undertook in connection with his representation of a financially troubled client. Both the defendant, Attorney Clifford L. Tager, and the plaintiff, Chapman Lumber, Inc., have appealed from the judgment rendered in accordance with a jury verdict, as it subsequently was modified by the trial cour... More...   $0 (07-22-2008 - CT)

Defendants Northeast Vehicle Services, LLC, East Brookfield & Spencer Railroad, LLC ("EB&SR"); Holston Land Company, Inc., CSX Real Property, Inc., Steven Pugliese, and George Bell all play various roles in the ownership and operation of an automobile distribution facility located in the towns of East Brookfield and Spencer, Massachusetts. Footnote Plaintiffs, Leo and Sara Fayard, own a seventeen-... More...   $0 (07-22-2008 - MA)