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Conspiracy Law
Wesco Autobody Supply, Inc. v. Holly Ernest

This case arises out of the purchase by Appellant Wesco Autobody Supply, Inc. (Wesco) of three auto body supply stores from Paint & Equipment Supply, Inc. (P&E) on August 1, 2005. The stores were located in Idaho Falls, Pocatello, and Twin Falls, Idaho (Idaho Stores). Respondents Holly Ernest (Ernest) and Tom Davis (Davis) were owners of Automotive Paint Warehouse (APW), a wholesale supplier to th... More...   $0 (11-24-2010 - ID)

Harold Hill v. Cordelia Coppleson, personal representative of Michael Rogers

Over a decade after being convicted of sexual assault and homicide, Harold Hill was exonerated by DNA evidence. Hill filed suit against the City of Chicago, a number of its police officers, and Michael Rogers, an assistant state’s attorney, alleging various constitutional violations, including a claim that several detectives and Rogers had coerced him to falsely confess to the crimes in violatio... More...   $0 (11-22-2010 - IL)

Dianne Webb v. R.J. Reynolds Tobacco Co.

Dianne Webb sued R.J. Reynolds Tobacco Co. on a products liability theory for the wrongful death of her father claiming that the cigarettes manufactured and sold by Defendant were defective and unreasonably dangerous. She claimed her father's 1996 death was caused by a 60-year smoking addiction fed by company manipulation and deception.

James Kayce Horner started smoking when he was 17 yea... More...
   $80000000 (11-19-2010 - FL)

Stefano Picciotto v. Albert P. Zabin, et al.

We have carefully reviewed the record and the parties’ briefs and, for the following reasons, find no error either in the dismissal of appellants’ complaint or in the imposition of attorneys’ fees as a sanction.

1. The two judges named as defendants are absolutely immune from appellants’ claims for damages.

2. Appellants lack standing to seek declaratory rel... More...
   $0 (11-09-2010 - MA)

Peter B. Kibbee v. First Interstate Bank, Sheridan, Wyoming

[¶1] This is an appeal from the granting of multiple summary judgments arising out of a challenge by the appellant, Peter B. Kibbee, to changes made to the estate plan of his step-mother, Mercedes Kibbee. Peter asserts that documents that significantly modified Mercedes’ estate plan are invalid because Mercedes lacked the requisite mental capacity, that she was unduly influenced by her previous... More...   $0 (11-05-2010 - WY)

Francis J. Farina v. Nokia, Inc., et al.

Appellant Francis J. Farina brought this class action against various cell phone manufacturers and retailers of wireless handheld telephones. He appeals from the dismissal of his complaint on the ground that his claims are preempted by regulations promulgated by the Federal Communications Commission. We will affirm.


Farina represents a putative class consisting of all past, curren... More...
   $0 (11-03-2010 - PA)

Joshua Lickter v. Maggie Lickter

The primary issue in this case is who is entitled to commence and/or maintain an elder abuse action after the elder who was allegedly abused has died. Generally, “the right to commence or maintain [such] an action . . . pass[es] to the personal representative of the decedent.” (Welf. & Inst. Code, § 15657.3, subd. (d)(1).) However, “[i]f the personal representative refuses to commence or ma... More...   $0 (10-27-2010 - CA)

Patrica Sanford v. Member Works, Inc.

We must decide whether consumers can pursue claims against a company that allegedly deceived them into buying memberships in a discount club.



In response to a television advertisement, Patricia Sanford purchased Tae-Bo fitness tapes over the phone in February 1999. West Corporation (“West”) operated the call center that received Sanford’s call. Pursuant to West... More...
   $0 (10-25-2010 - CA)

Charles C. Costa v. City of Detroit

Charles Costa, as the owner, and Ronald Scott, as his tenant, seek compensation arising from the demolition of a fire-damaged building and the loss of the personalty contained therein. The trial court granted summary disposition in favor of the City of Detroit (the “City”) and F Moss Wrecking Company (“Moss Wrecking”), finding Costa’s and Scott’s claims were precluded by the doctrines ... More...   $0 (10-21-2010 - MI)

Reliance Insurance Company v. John Lyle Hibdon A/K/A/ J.L. Hibdon

Reliance Insurance Company (in liquidation) (“Reliance”) and Texas Property and Casualty Insurance Guaranty Association (“TPCIGA”) (collectively, “appellants”) sued John Lyle Hibdon a/k/a J.L. Hibdon, claiming that Hibdon interfered with appellants’ statutorily-prescribed rights to recover workers’ compensation payments by engaging in conversion, conspiracy, and unjust enrichment. ... More...   $0 (10-21-2010 - TX)

James Young v. Valt.X Holdings, Inc.

Following a securities transaction, James Young, Robert Worrall, and Shannon Gustafson (collectively, "Buyers") sued Valt.X Holdings, Inc. ("Valt.X"), Dennis Meharchand, and Brian Groh (collectively, "Sellers") based on numerous claims, including conspiracy, common law fraud, fraud in a stock transaction, negligence and gross negligence, violations of the Texas Deceptive Trade Practices Act (DTPA... More...   $0 (10-15-2010 - TX)

Mark Richards v. Transocean, Inc.

This appeal arises out of allegations of negligence in allowing piracy and hostage taking at sea. Our task is to construe the specific ground upon which Transocean moved for a no‑evidence summary judgment. The district court granted the motion, and the plaintiffs bring three issues on appeal. Because Transocean’s motion for summary judgment failed to address a theory of liability contained ... More...   $0 (10-14-2010 - TX)

Robert L. Cullen v. J. Bennett McNeal

In this cross-appeal, the Appellants-Respondents (the Homeowners) argue the circuit court erred in (1) considering extrinsic evidence in interpreting the Declarations for Wright's Point; (2) construing the term "Developer"; (3) finding undeveloped land was a part of Wright's Point; (4) finding B. McNeal Partnership, L.P. was a "successor developer"; (5) finding the Developers were entitled to co... More...   $0 (10-06-2010 - Sc)

Rena Sobol Ackerman v. Sobol Family Partnership, L.L.P., et al.

The principal issue in this consolidated appeal,1 which arises out of a series of disputes2 concerning the management and oversight of a family partnership and various family trusts,3 is whether the plaintiffs’ attorney had apparent authority to make settlement proposals, engage in settlement discussions and bind the plaintiffs to a global settlement agreement with the defendants.4 The plaintiff... More...   $0 (09-28-2010 - CT)

David Holzemer v. City of Memphis

Defendant–appellant Monique Campbell appeals the district court’s denial of qualified immunity from the plaintiff–appellees’ First Amendment retaliation claim. David Holzemer and Downtown Buggy, LLC, sued Campbell, the City of Memphis, Shelby County, and various other state, county, and city officials under 42 U.S.C. § 1983 for alleged violations of the First, Fourth, Eighth, and Fourteen... More...   $0 (09-15-2010 - TN)

Patrick James Grider v. City of Auburn, Alabama

Plaintiffs own a bar/restaurant in Auburn, Alabama and sued the City of Auburn (the “City”) and City employees under state tort law and 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments. Plaintiffs primarily claim the City and its agents filed false bribery charges and selectively enforced regulatory laws in order to harm the Plaintiffs’ business. Defendants moved for ... More...   $0 (09-11-2010 - Al)

Martin Mulhall v. United Here Local 355

Martin Mulhall (“Mulhall”), an employee at the Hollywood Greyhound Track, Inc., d/b/a Mardi Gras Gaming (“Mardi Gras”), appeals from the district court’s dismissal of his complaint against Mardi Gras and UNITE HERE Local 355 (“Unite”), a labor union, for violations of § 302 of the Labor Management Relations Act (“LMRA”). Mulhall sued Unite and Mardi Gras to enjoin enforcement of... More...   $0 (09-10-2010 - FL)

Binyam Mohamed v. Jeppesen Dataplan, Inc.

This case requires us to address the difficult balance the state secrets doctrine strikes between fundamental principles of our liberty, including justice, transparency, accountability and national security. Although as judges we strive to honor all of these principles, there are times when exceptional circumstances create an irreconcilable conflict between them.

On those rare occasions, we... More...
   $0 (09-09-2010 - CA)

Thomas J. Gallagher v. Steve Magner

Several owners and former owners of rental properties in St. Paul, Minnesota brought these consolidated actions, challenging the City of St. Paul’s (“the City”) enforcement of its housing code. The property owners appeal the district court’s (1) dismissal of their claims on summary judgment, (2) denial of sanctions for spoliation of evidence, and (3) denial of discovery regarding Appellee ... More...   $0 (09-08-2010 - MN)

Sandra Corrales Favila v. Katten Muchin Rosenman, L.L.P.

The assets of Motion Graphix, Inc. were sold to Get Flipped, Inc. after the death of Motion Graphix‟s founder and shareholder, Richard Corrales. The Estate of Richard Corrales (Estate) through its executor Sandra Corrales Favila, Corrales‟s sister, sued Get Flipped and its founder, Raleigh Souther, who was Motion Graphix‟s only other shareholder, for claims including conversion, breach of fi... More...   $0 (09-03-2010 - CA)

Roger Waldner v. Janet Carr

This case arises from failed negotiations for the acquisition and management of H&W Motor Express, Inc. (“H&W”), a financially struggling trucking company in Dubuque, Iowa. Roger Waldner appeals the district court’s1 adverse grant of summary judgment on his various state law tort and contract claims against three sets of defendants: (1) Urban Haas and Patricia M. Haas (collectively the “Ha... More...   $0 (08-28-2010 - IA)

Roy Johnson v. City of Tulsa

Roy Johnson is an African-American who began working as a police officer
for the Tulsa Police Department (TPD) in 1976. In 1994, he filed a complaint
against the City of Tulsa (City) alleging racial discrimination in employment.

That action was certified as a class action in 1998. In December 2001, the district
court stayed the case to facilitate settlement. In April 2002 and ... More...
   $0 (08-28-2010 - OK)

Clarence Gross v. Town of Cicero, Illinois

Plaintiff Clarence Gross got more than he bargained for when he sued his former employer, the Town of Cicero (“the Town” or “Cicero”), and several related individuals for what he believed to be an unconstitutional firing. The Town countersued and won on a breach of fiduciary duty theory, while defeating Gross’s constitutional claims in the process.

After a bench trial, Gross was s... More...
   $0 (08-28-2010 - IL)

Emanuele Giacometti v. Aulla, L.L.C.

In this appeal we consider whether an accounting firm has a duty of care answerable in negligence to its client‟s employees when hired to prepare W-2 Wage and Tax Statements for the client. The trial court sustained the demurrer to the employees‟ second amended complaint against the accounting firm for professional negligence without leave to amend. We affirm the judgment.

FACTUAL AND... More...
   $0 (08-25-2010 - CA)

Dr. Herand Abcarian v. Timothy McDonald

After learning that the settlement of a medical malpractice claim against him had been reported to state and national professional authorities, Dr. Herand Abcarian filed this suit against the University of Illinois and a number of its employees alleging numerous violations of his constitutional rights. The district court dismissed the amended complaint in its entirety and entered a judgment dismis... More...   $0 (08-16-2010 - IL)

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