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Conspiracy Law
William O. Gilley Enterprises, Inc., et al. v. Atlantic Richfield Company, et al.

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 (04-04-2009 - C)

Jeffrey A. Truckor and Alcatraz Industries, Inc. v. Erie Township, et al.

Erie Township, located in the southwest corner of Monroe County, adopted an ordinance that allows for the operation of adult entertainment establishments, but only in the C-2 zoning district, and then only if certain footage requirements are met. Plaintiffs, the owner of land (Jeffrey A. Truckor) and the entity operating an adult entertainment establishment on that land (Alcatraz Industries, Inc.)... More...   $0 (03-31-2009 - MI)

Techworks, LLC. v. David W. Wille, Red Anvil, LLC and Patrick Dolan

¶1 FINE, J. Techworks, LLC, appeals the circuit court’s order dismissing on summary judgment Techworks’s claims against David M. Wille, Red Anvil, LLC, and Patrick Dolan. Techworks’s operative complaint asserted that: (1) Wille, a former Techworks employee, breached his non-compete agreement with Techworks by working for Red Anvil, Techworks’s competitor; (2) Wille breached his agreement ... More...   $0 (03-31-2009 - WI)

Earl Lewis Anderson, Jr. v. Ron King, et al.

Earl Lewis Anderson, Mississippi prisoner # L1784, appeals the dismissal of his 42 U.S.C. § 1983 complaint against 79 defendants, all of whom he came into contact with while he was incarcerated at the South Mississippi Correctional Institution. The district court dismissed his suit as frivolous and certified that his appeal was not taken in good faith. Anderson challenges the district court’s c... More...   $0 (03-27-2009 - MS)

Raymond Somers, et al. v. James R. Crane, Milton Carroll, James C. Flagg, Frank J. Hevrdejs, Paul W. Hobby, Michael K. Jhin, Neil E. Kelley, Sherman Wolff, Centerbridge Partners, L.P., The Woodbridge Company Limited and nominal defendant EGL, Inc.--Appeal from 125th District Court of Harris County

In appellate cause number 01-07-00754-CV, appellants, Raymond Somers, derivatively on behalf of EGL, Inc., and Vivian Golombuski and Platinum PVA Fund, on behalf of themselves and all others similarly situated (the "Class"), challenge the trial court's order dismissing their breach of fiduciary duty claims against appellees, James R. Crane, Milton Carroll, James C. Flagg, Frank J. Hevrdejs, Paul W... More...   $0 (03-27-2009 - TX)

Acumed, LLC; Surgical Resources of Pennsylvania, Inc. v. Advanced Surgical Services, Inc.; Robert Morris

This matter comes on before this Court on an appeal from a final order entered in the District Court on May 21, 2007, accompanying an opinion dated May 18, 2007, as well as from a separate judgment for compensatory and punitive damages in this case involving claims and counterclaims among parties in the surgical implant business. See Acumed LLC v. Advanced Surgical Servs., Inc., Civ. No. 05-2711, ... More...   $0 (03-23-2009 - PA)

Henry Morgan Smith, et al. v. Board of County Commissioners for the County of Otero, New Mexico

Henry Morgan Smith and Desiree Smith bring this appeal challenging the district court’s dismissal of their civil rights complaint against various Otero County officials. Having jurisdiction under 28 U.S.C. § 1291, we AFFIRM.

I. Background

Because the parties are familiar with the facts, we provide only a brief summary. The Smiths owned and operated the Grubsteak Restaurant & S... More...
   $0 (03-22-2009 - NM)

Robert Reese Bains, III, et al. v. John J. Moores, et al.

In February 2003, Robert Reese Bains III and a group of former Peregrine Systems, Inc. (Peregrine) shareholders (collectively plaintiffs) filed this action against former Peregrine directors John J. Moores, Charles E. Noell III, and Christopher A. Cole (collectively defendants), as well as several former Peregrine employees, Peregrine's former outside accounting firm, and two of Peregrine's former... More...   $0 (03-21-2009 - CA)

Blake H. Moore, M.D. v. Williamsburg Regional Hospital, et al.

In this case, a physician brings multiple state law and federal due process claims against a hospital and its officials for suspending his staff privileges based on allegations that he had sexually abused his adopted daughter. While the scope of immunity under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., certainly has limits, we think the immunity attaches to defendants und... More...   $0 (03-19-2009 - SC)

George David Fossyl v. Michael R. Milligan and Thomas A. Watson

Defendants-appellants Michael R. Milligan1 and Thomas A. Watson appeal several jurisdictional and evidentiary rulings of the district court in this civil rights and wrongful death action brought by plaintiffs-appellees George David Fossyl (individually and as the Administrator of the Estate of Cheryl Fossyl), Tonia Harris, and Martin Fossyl stemming from the murder of a sixteen-year-old girl, Che... More...   $0 (03-18-2009 - OH)


The plaintiff-appellant Johnnie Walker does business as PJ’s Auto Body (“Walker”). He filed these putative class actions against two major insurance companies doing business in California: USAA Casualty Insurance Company (“USAA”) and GEICO General Insurance Company, et al. Walker claimed violations of various California statutes in connection with volume discount agreements the insurers ... More...   $0 (03-15-2009 - CA)

Melvin C. Washington v. Daniel Ivancic, et al.

The plaintiff, Melvin C. Washington, appeals from the judgment of the trial court rendered upon the granting of the defendants’1 cross motion for summary judgment on the ground that the plaintiff’s complaint was barred by a statute of limitations. The court also denied the plaintiff’s motion for summary judgment seeking judgment as to liability. We conclude that the statute of limitations do... More...   $0 (03-12-2009 - CT)

Randolph E. Green v. Concord Baptist Church, et al.

Plaintiff Randolph Green appeals from a district court order dismissing his pro se complaint just ten days after it was filed. Finding plaintiff's allegations to be not just meritless but incurably so, the court entered the order of dismissal sua sponte without prior notice or leave to amend. Such a disposition is appropriate only in egregious cases. Yet even if the court acted prematurely, we wou... More...   $0 (03-12-2009 - MA)

John Sitarik, M.D. v. JFK Medical Center Limited Partnership, Hospital Corporation of America, Sheridan Healthcorp., Inc., Gilbert Drozdow, M.d., Sheridan, Malcolm Dorman, M.C., JFK/HCA, Gina Melby

J o h n Sitarik timely appeals the trial court’s order compelling arbitration in his lawsuit against JFK Medical Center Limited Partnerships (JFK), Hospital Corporation of America, Inc. (HCA), Sheridan Healthcorp, Inc., Gilbert Drozdow, M.D., individually and as employee/agent of Sheridan, Malcolm Dorman, M.D., individually and as employee/agent of JFK/HCA, a n d Gina Melby, individually a n d a... More...   $0 (03-10-2009 - FL)

Christopher Rural Health Planning Corp. v. Lyon Financial dba U.S. Bancorp Manifest Financial Services

Christopher Rural Health Planning Corp. sued Lyon Financial on a fraudulent misrepresentation and/or fraudulent concealment; negligent misrepresentation; civil conspiracy and aiding and abetting theories claiming that the software that it leased from Defendant to record and store patient data did not perform as represented. Plaintiff also claimed that the leases were altered and that Lyon knew of... More...   $59000000 (03-06-2009 - )

Darin Crooks v. Rick Lynch

Darin Crooks appeals the district court's1 dismissal of his case. We affirm.


Crooks was a Deputy Sheriff for Floyd County, Iowa. On April 12, 2007, Crooks was charged with two criminal complaints alleging he supplied alcohol to an underage person in violation of Iowa Code § 123.47. That same day, Floyd County Sheriff Rick Lynch terminated Crooks's employment.

By letter date... More...
   $0 (03-02-2009 - IA)

Thomas Gibson, Jr. v. Regions Financial Corp.

Thomas Jerry Gibson, Jr., commenced this action against his former car dealership’s secured lender, Regions Bank and its parent company (collectively, “Regions”), asserting a variety of tort claims arising out of the failure of the business.

The district court1 granted summary judgment dismissing all claims. Gibson appeals the dismissal of claims for abuse of process, malicious prosec... More...
   $0 (03-02-2009 - AR)

Christy Sports, LLC v. Deer Valley Resort Company, Ltd.

When the Deer Valley Resort Company (“DVRC”) was developing its world-renowned ski resort in the Wasatch Mountains, it sold parcels of land within the resort village to third parties, while reserving the right of approval over the conduct of certain ancillary businesses on the property, including ski rentals. For about fifteen years, DVRC granted permission to Cole Sports and plaintiffappellan... More...   $0 (02-28-2009 - CO)

Patricia Bowers Edeards v. Rex Urice

¶1 Defendant/Appellants, Rex Urice (Urice) and Bancfirst, seek review of the trial court's judgment in favor of Plaintiff/Appellee, Patricia Bowers Edwards (Edwards), individually and as next friend of her son, Robert Drew Bowers (Drew), on Edwards' claims to set aside for undue influence amendments her mother, Eloise Cooper Bowers (Bowers), made to The Eloise Cooper Bowers 1991 Trust (Bowers 199... More...   $0 (02-27-2009 - OK)

Beatrice C. Romero and Michael Ferree v. Philip MOrris, Inc.; R.J. Reynolds Tobacco Co.; Brown & Williamson Tobacco Corp.; Lorillard Tobacco Co.; Liggett Group, Inc; and Brooke Group, Ltd.

{1} This is an appeal from the district court’s grant of summary judgment in favor of Defendants on Plaintiffs’ claim that Defendants engaged in an unlawful conspiracy to fix the prices of cigarettes sold in New Mexico. We affirm the summary judgment in favor of Defendants Liggett and Lorillard; we reverse the summary judgment in favor of Defendants Philip Morris, Brown & Williamson, and ... More...   $0 (02-27-2009 - NM)

David S. Karton v. William Russell Dougherty

In 1999, David S. Karton, a law corporation, (Karton) sued former client William Russell Dougherty for allegedly unpaid fees and costs. The Los Angeles County Superior Court entered a default judgment against Dougherty in the amount of $86,676.88. The judgment included an award of attorney’s fees, pursuant to the parties’ retainer agreement.

Karton succeeded in collecting $56,000 on the... More...
   $0 (02-17-2009 - CA)

G.G. Marck and Associates, Inc. v. James Peng; Photo U.S.A. Corporation; North American Investments Corp.p Photo USA Electronic Graphic Inc.

A “sublimation mug” is a blank mug onto which images can be transferred. G.G. Marck makes and imports sublimation mugs, and competes in the sublimation mug market with companies controlled by James Peng. This appeal stems from a complex suit Marck brought against Peng and three of his companies.

Marck accused Peng and his companies of failing to mark imported mugs as “Made in China,â€... More...
   $0 (02-05-2009 - OH)

Proskauer Rose, LLP v. Pelican Trading, Inc., GMF Trading, LLC and George M. Fleming

This interlocutory appeal concerns a special appearance by a New York law firm in a fraud case. The law firm, Proskauer Rose LLP, moved the trial court to dismiss it from the suit below because it claimed the court lacked personal jurisdiction. The trial court denied the motion.

The case arises from a series of business deals by appellee George M. Fleming. The deals were called "PICO" tr... More...
   $0 (02-03-2009 - TX)

James W. Fairchild, et al. v. Thomas F. Barron, et al.

Appellants, James W. Fairchild, individually and in the name and right of Exeter Energy Services, L.P. (Exeter LP), and Fairchild & Wells, Inc. (hereinafter collectively referred to as "Fairchild"), appeal the trial court's grant of summary judgment in favor of appellees, Thomas F. Barron, Tetra Prime, Inc., and John Wells, individually. In six issues, Fairchild contends the trial court erred by g... More...   $0 (01-30-2009 - )

Clearview Properties, L.P., et al. v. Property Texas SC One Corp., et al.

Appellants Clearview Properties, L.P.; Michael Starcher, Trustee for the Crown Hill Trust; Craig Walker, d/b/a Clearview Properties, L.P.; and Clearview Investments, Ltd. (collectively AClearview@) (sic) (The Fourteenth District Court of Appeals of Texas publishes its reports online with substitute symbols for quotes.) appeal from the trial court=s order granting summary judgment on their claims a... More...   $0 (01-29-2009 - TX)

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