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Conspiracy Law
 
Mary Barone v. United Airlines, Inc.

Plaintiff-Appellant Mary Barone appeals the district court’s grant of summary judgment to Defendant-Appellee United Airlines, Inc. (“United”) on her Title VII claims of gender discrimination and retaliation. The district court concluded that Barone could not demonstrate a prima facie case under either theory of discrimination. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we reverse... More...   $0 (12-07-2009 - CO)

William O. Gilley Enterprises, Inc. v. Atlantic Richfield Company

The district court granted Defendants’ motion to dismiss Plaintiffs’ antitrust claim founded on § 1 of the Sherman Act, holding that 1) Aguilar v. Atlantic Richfield Co., 24 P.3d 493 (Cal. 2001), precludes the allegations made in the operative pleading; 2) Defendants’ exchange agreements can not be aggregated to establish market power and anticompetitive effect; and 3) even if the exchange ... More...   $0 (12-04-2009 - CA)

Joel Francis v. Rodney Giaccomelli

In this appeal, we evaluate the legal sufficiency of a complaint, applying the standard articulated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) — i.e., whether the complaint on its face states plausible claims upon which relief can be granted. Following highly public exchanges between Baltimore City Mayor Martin O’Malley and Baltimore C... More...   $0 (12-04-2009 - MD)

Appellants, Robert Puckett, James Julius Puckett, Jr., individually and d/b/a Puckett Ranch Properties, Merrill John Stokes, a/k/a Butch Stokes, and CBM Comfort, Inc., d/b/a Ranchbuyers Real Estate a/k/a Ranchbuyers.com ("Ranchbuyers"), challenge the trial court's judgment in favor of appellees, Quint Burris, individually and d/b/a QB Properties. (1) We affirm.

I. Background

Larkin T... More...
   $0 (11-24-2009 - TX)

Bernard Buecker, Administrator of the Estate of Christine Wesner Standifer v. Joseph C. Roell, et al.

By various sub-issues, appellant Bernard Buecker contends the trial court abused its discretion in imposing sanctions against him and in favor of appellee, Joseph C. Roell. Because we conclude the trial court abused its discretion in imposing the sanctions, we reverse the sanctions orders.

Background (1)

Buecker is an attorney, and Roell is a former physician. (2) On March 2, 2000, R... More...
   $0 (11-24-2009 - TX)

Robin L. Pepper v. Routh Crabtree, P.C., et al.

Robin Pepper sued an Anchorage debt collection agency and its lawyers, claiming that they violated Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA) when they: (1) sued Pepper in state district court without first sending a written demand, (2) misrepresented to the court that Pepper was competent, and (3) applied for default judgment without first informing Pepper’s attorney. ... More...   $0 (11-20-2009 - AK)

Cell Therapeutics, Inc. v. Lash Group, Inc.; Documedics Acquisition Co., Inc.

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...   $0 (11-19-2009 - WA)

Epix Holdings Corporation v. Marsh & McClennan Companies, Inc.



This appeal presents issues concerning whether a non-signatory may enforce an arbitration clause in a contract signed by its subsidiary corporation, the scope of that arbitration agreement, and whether, even if included therein, the Legislature nevertheless intended statutory antitrust claims to be non-arbitrable. Defendants National Union Fire Insurance Company of Pittsburg, PA (National ... More...
   $0 (11-17-2009 - NJ)

TexVa, Inc. and R. Bradley Bierman v. Boone, James and Cindy Hayes

TexVa, Inc. (“TexVa”) and R. Bradley Bierman (“Bierman”) appeal the trial court's order granting the special appearances of Cindy Hayes (“Hayes”) and James Boone (“Boone”), both residents of California. Appellants contend that the trial court erred in sustaining the special appearances of Boone and Hayes. For the reasons set forth below, we conclude that Hayes' and Boone's contact... More...   $0 (11-13-2009 - TX)

Tammy King v. Barbara Johnston

Plaintiff Tammy King appeals from a judgment entered in favor of defendant Barbara Johnston. Tammy,1 a beneficiary of the Arthur L. Gilbert Testamentary Trust, sued Barbara in a civil action, alleging that Barbara had unduly influenced the trustee, Lenora Gilbert, to breach the trust.2 According to Tammy, Barbara induced Lenora to transfer a piece of trust property to herself, without consideratio... More...   $0 (11-09-2009 - CA)

Southern Electronics Supply, Inc. and Active Solutions, L.L.C. v. Dell Inc., et al.

Southern Electronics Supply Inc. and Active Solutions LLC sued Dell, Inc., Greg Meffert and others on unfair competition and conspiracy theories over the City of New Orlean's crime camera surveillance program. Plaintiffs claimed that they developed a crime surveillance camera system to sell to the City.

They claimed and Dell and others unfairly conspired to take the business away fro... More...
   $12800000 (11-03-2009 - L)

Jebaco, Inc. v. Harrah's Operating Co., Inc., et al.

Jebaco Inc. appeals the dismissal of its federal antitrust claims against Pinnacle Entertainment and Harrah’s Operating Company, Inc., along with five Harrah’s subsidiaries (“Harrah’s”). The district court dismissed the claims 1 under Fed. Rule Civ. Proc. 12(c) as barred by the state action doctrine and Noerr- Pennington petitioning immunity. We affirm on the alternate ground, fully brie... More...   $0 (10-31-2009 - LA)

Anthony G. Petrello v. Rahul Nath

Defendants-Appellants Dr. Rahul Nath and Usha Nath (singly and collectively, “Nath”) appeal the grant of a preliminary injunction barring them from making any changes to the residence that they recently purchased from Matthew Prucka (“Prucka”) in Houston, Texas for $8.3 million. Following an October 2008 hearing, the district court granted that injunction without findings of fact or conclu... More...   $0 (10-23-2009 - TX)

Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP

This is an appeal from a judgment against a general partner for wrongful dissociation, breach of a noncompete clause, breach of the covenant of good faith and fair dealing, intentional interference with prospective contractual relations or business expectations, breach of fiduciary duties, and civil conspiracy. We vacate the judgment and remand this case for further proceedings.

I. BACKGROU... More...
   $0 (10-21-2009 - ID)

George Milam Hall v. Douglas P. Witteman

George Milam Hall submitted to a local newspaper, the Coffey County Republican (“The Republican”), an advertisement opposing the election bid of Judge Phillip M. Fromme. He paid to have the ad run on two occasions. The paper ran the ad the first time but not the second, instead running an ad supporting Judge Fromme, which was paid for and signed by a number of attorneys, including Coffey Count... More...   $0 (10-19-2009 - KS)

Dr. Michael Peterson, D.C. v. Ken Ray Underwood

¶1 In this malicious prosecution action, Plaintiff, Dr. Michael Peterson, appeals a dismissal granted to Defendant, Charles Snider, and a summary judgment granted to Snider's attorney, Defendant Ken Ray Underwood and the law firm of Ken Ray Underwood, P.C.(collectively, Underwood). We affirm.1

FACTS

¶2 This litigation began when Snider, a truck driver, suffered a job-related injury... More...
   $0 (10-16-2009 - OK)

Jerri Blount v. Joseph Stroud, and Jovon Broadcasting, WJYS-TV 62/34

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)

Ibrihim Kiswani v. Phoenix Security Agency, Inc., et al.

Plaintiff-Appellant Ibrihim Kiswani (“Kiswani”) appeals from the magistrate judge’s order that denied reconsideration of his post-trial motions. Because Kiswani failed to meet our quaint rules on timing of appeals, the magistrate judge’s opinion is affirmed.

I. BACKGROUND

Kiswani was arrested outside a nightclub on July 31, 2004, and charged with aggravated unlawful use of a ... More...
   $0 (10-16-2009 - IL)

James Kendall v. Integrated Interiors, Inc., Integrated Acoustical Interiors, Inc., Robert Pingston, and Janet Pingston

Plaintiff James Kendall filed this action alleging that he was wrongfully terminated from his employment with defendants,1 contrary to public policy, for refusing to engage in illegal activity. Plaintiff also alleged that defendants violated the Bullard-Plawecki Employee Right to Know Act, MCL 423.501 et seq., by knowingly placing false information in his personnel file.

The trial court gra... More...
   $0 (10-16-2009 - MI)

Nanodetex Corporation v. Defiant Technologies

Defiant claims that Nanodetex maliciously abused legal process by filing a meritless lawsuit against it that was really aimed at “tying up” Defiant in litigation so that it could not pursue its business plan and would be forced to merge its business into Nanodetex’s. At trial, the jury agreed and awarded Defiant $2,000,001 in damages. Nanodetex now appeals this result. In this diversity disp... More...   $0 (10-15-2009 - NM)

SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc. v. AAR Incorporated

Appellants, SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc., (collectively “SCTW”), were sued by AAR, Incorporated (“AAR”) for failing to pay for mold remediation and storage services that AAR had provided. After a trial by jury, the trial court awarded AAR $422,049.05 in damages, pre-judgment interest and attorney’s fees. SCTW contends the tria... More...   $0 (10-15-2009 - TX)

Martin Droz v. P.J. McCadden

Defendant-Appellant State Trooper P.J. McCadden appeals
22 from an order of the district court (David N. Hurd, Judge)
23 denying his motion for summary judgment in this action against
24 him under 42 U.S.C. § 1983 based on allegations of false arrest
25 and malicious prosecution. The grounds for the motion are that
26 McCadden was entitled to qualified immunity. We conclude th... More...
   $0 (10-13-2009 - NY)

Sara Lacy v. New Horizons, Inc. d/b/a New Frontier ICF/MR, d/b/a New Horizons Texarkana TX, et al.

Defendant New Horizons Inc. (New Horizons) operated nine long-term-care facilities for mentally retarded adults in Oklahoma, and four in Texas, known as Intensive Care Facilities for the Mentally Retarded (ICF/MR).1 It employed Sara Lacy as a case manager and Qualified Mental Retardation Professional from June 1999 to June 2004. After New Horizons terminated her employment, she brought this action... More...   $0 (10-09-2009 - OK)

David D. Beal, et al. v. David A. McGuire, et al.

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c... More...   $0 (10-08-2009 - AK)

Albert Synder v. Fred W. Phelps, Sr., et al.

In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More...   $0 (10-03-2009 - MD)

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