Following defendants' application of pesticides to plaintiff's house and yard, plaintiff brought this action, alleging claims for fraud, violation of the Unlawful Trade Practices Act (UTPA), negligence, intentional infliction of emotional distress, and trespass. The jury found for defendants on the fraud and UTPA claims and for plaintiff on the negligence and trespass claims.(1) The trial court en... More...   $0 (10-01-2008 - OR)

The appeal of this products liability case primarily raises issues of federal preemption, legal sufficiency of the evidence, and proportionate responsibility. Finding that the trial court abused its discretion by not asking the jury to find the bus driver’s or his employer’s proportionate responsibility as settling parties, we will reverse and remand.

I. Background

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Evie Rhodes was involved in a car accident with Becky Erion, and Rhodes sued Erion. Erion made three offers of judgment to Rhodes under Alaska Civil Rule 68, but Rhodes failed to accept these offers. The case proceeded to trial, and the jury awarded Rhodes $18,281.85 in damages. This verdict was at least five percent less favorable to Rhodes than an offer made by Erion, and Rhodes was therefore li... More...   $0 (08-22-2008 - AK)

In this workers’ compensation appeal, we are presented with the question, which was raised but not decided in Lafayette v. General Dynamics Corp., 255 Conn. 762, 781, 770 A.2d 1 (2001), of whether the causation standard applied by a United States Department of Labor administrative law judge (administrative law judge) in a prior proceeding brought under the federal Longshore and Harbor Workers’... More...   $0 (08-19-2008 - CT)

John J. Sturzenegger sued Father Flanagan’s Boys’ Home (Boys Town) and a former Boys Town teacher based on an alleged instance of sexual abuse that occurred while Sturzenegger was a resident of Boys Town. After a rather contentious trial, a jury rejected Sturzenegger’s claims and the district court entered judgment against him. Sturzenegger appeals, claiming that the court erred in several r... More...   $0 (08-14-2008 - NE)

Estela Aragon, individually and on behalf of her minor son Christian Aragon, and Erica Aragon, Rebecca Aragon Rizo, and Stephen Aragon filed suit against Service Corporation International; SCI, Texas Funeral Services, Inc. d/b/a Sunset Memorial Gardens; and Sunset Memorial Gardens and Funeral Home (SCI collectively). Plaintiffs alleged that defendants improperly buried Osbaldo “Obie” Aragon, ... More...   $275000 (08-08-2008 - TX)

¶ 1. In this action for fraud, defendants R. Brown & Sons, Robert Brown, and Stephanie Brown appeal from a default judgment on liability entered against them as a discovery sanction below. Defendants also bring several challenges to the court’s final judgment on damages. Plaintiff Rathe Salvage, Inc. cross-appeals. We reverse the default judgment, remand the matter, and decline t... More...   $0 (08-03-2008 - VT)

Lynn R . McNeel brought this action under the Federal Employers’ Liability A ct (FELA), alleging that he was injured when he inhaled fumes while employed as a conductor by Union Pacific Railroad Company (Union Pacific). T he district court for Lincoln County granted Union Pacific’s Daubert/Schafersman motion to exclude McNeel’s expert witnesses from testifying and subsequently entered summar... More...   $0 (07-19-2008 - NE)

This appeal arises out of one of the many cases that were filed against Ford Motor Company and Bridgestone/Firestone, Inc. (now known as Bridgestone Firestone North American Tire, LLC), after some Firestone tires installed on Ford Explorers exploded, often with catastrophic consequences. Although most of those lawsuits involved U.S. citizens who were driving their cars within the United States, a ... More...   $0 (07-17-2008 - IN)

A Superior Court jury found defendant-appellant Eddie Porter responsible for an automobile accident in Newark and awarded plaintiff-appellee Robert Turner $538,000 compensatory damages and $107,000 punitive damages. Porter argues that a Superior Court judge erred when he (1) denied Porter' s motion for a directed verdict on punitive damages, (2) admitted Turner's economist's lost income and f... More...   $538000 (06-24-2008 - DE)

This appeal arises from an order of the Washington County Circuit Court granting summary judgment in favor of Appellees George's Farms, Inc.; George's Processing, Inc. (collectively "George"); Simmons Foods, Inc.; Simmons Poultry Farms, Inc. (collectively "Simmons"); Peterson Farms, Inc. ("Peterson"); and Tyson Foods, Inc. ("Tyson"). The circuit court denied summary judgment in favor of Appell... More...   $0 (05-09-2008 - AR)

In this accelerated, interlocutory appeal, Appellant Jason Maris, P.A.-C appeals the trial court=s order denying his motion to dismiss the health care liability claims of Appellees Tadd Hendricks, as independent executor of the estate of Melissa Hendricks, deceased, and Tadd Hendricks, individually and as next friend of Joshua and Daniel Hendricks, minors, and Charlie Morello. See Tex. Civ. Prac.... More...   $0 (05-02-2008 - TX)

The origins of this case trace back more than sixty years to the height of World War II when the federal government solicited Appellants E.I. DuPont de Nemours & Co., General Electric, Inc., UNC Nuclear Industries, Inc., Atlantic Richfield Co., and Rockwell International Corp., (collectively "Defendants") to operate the Hanford Nuclear Weapons Reservation ("Hanford") in southeastern Washingt... More...   $0 (04-09-2008 - WA)

Appellant Jose Pineda is an automobile technician who A Daubert 1 hearing refers to a pretrial hearing where a court determines whether a proffered expert witness's testimony is both relevant and reliable, and thus admissible as evidence, pursuant to Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). was injured when the rear liftgate glass of a 2002 ... More...   $0 (04-02-2008 - PA)

Appellant State Farm Lloyds ("Sta... More...   $0 (03-31-2008 - TX)

This case stems from the termination of an employment relationship between Appellant Amigo Broadcasting, LP ("Amigo") and Appellees Joaquin Garza ("Garza") and Raul Bernal ("Bernal"), and Garza and Bernal's decision to enter into a new employment relationship with Appellee Spanish Broadcasting System, Inc. ("SBS"). Amigo seeks a reversal of the district court's grant of judgment as a matter o... More...   $0 (03-19-2008 - TX)

This is an accelerated appeal from an order denying Defendant, The Sepharic Sisters, Inc. d/b/a John Paul II Nursing Home's ("nursing home") Motion to Dismiss Plaintiff, Lois L. Dillon's healthcare liability claims. In a single issue, the nursing home complains that the trial court abused its discretion in failing to dismiss Dillon's case "despite the undisputed fact that [Dillon] failed to serve ... More...   $0 (03-18-2008 - TX)

This wrongful death lawsuit arises out of the fatal electrocution of United States Army Private Van Ryan Marcum. His Estate sued The Shaw Group, Inc., a private contractor in charge of maintenance and repairs at Fort Benning, Georgia. The Estate alleges that Shaw negligently performed its duties under the contract with the United States Army. A jury returned a verdict against Shaw. Shaw appeal... More...   $0 (02-28-2008 - AR)

Plaintiff Karen A. Willard appeals the district court's grant of summary judgment in favor of Defendant Postmaster General in this employment discrimination case. Relying on the Rehabilitation Act, Willard claims that she suffered disability discrimination when she was terminated from her job with the United States Post Office in Saginaw, Michigan. She argues that the Postal Service should hav... More...   $0 (02-14-2008 - MI)

This products liability action arose out of a kitchen fire in the apartment of plaintiff Kristen Uroskie-Lewis. Plaintiffs alleged that a defective microwave, manufactured by defendant, was the cause of the fire and sought to introduce testimony of two fire investigation experts on the issue of causation. The trial court granted defendant's pretrial motion to exclude the expert testimony, findin... More...   $0 (02-08-2008 - VT)

Helene Rush (Rush) was prescribed the Wyeth, Inc. (Wyeth) estrogen products Premarin and Prempro for symptoms related to menopause. Rush took the drugs for nearly ten years, beginning in August 1989. Rush was diagnosed with breast cancer in June 1999. Six years later, in March 2005, Rush filed this lawsuit alleging Wyeth's products caused her breast cancer. Rush's case is part of the multi-dis... More...   $0 (02-05-2008 - AR)

1 Appellant, Taleeta Carter, was tried by jury in the District Court of Lincoln County, Case Number CF-2004-203, before the Honorable Paul M. Vassar, and convicted of Conspiracy to Traffic Methamphetamine (Count I) in violation of 63 O.S.2001, § 2-408; and Unlawful Use of Communication Facility to Facilitate a Felony (Count II) in violation of 13 O.S.Supp.2003, § 176.3(8). The jury set puni... More...   $0 (01-17-2008 - OK)

This strict products liability action arises out of the death of Doyle Sappington, a carpenter employed by... More...   $0 (01-08-2008 - MO)

In this insurance coverage case, the trial court granted State Farm Lloyds's ("State Farm") motion to exclude E. Dean and Margaret F. Landers' ("the Landerses") experts and then granted State Farm's no-evidence motions for summary judgment. On appeal, the Landerses contend that the trial court erred (1) in granting the motions for summary judgment because there are genuine issues of material fa... More...   $0 (12-14-2007 - TX)

Maverick Musser, by his parents and next friends, Mischelle and Michael Musser (the Mussers), filed a legal malpractice action against Daniel A. Roby, David J. Stach, and Roby & Hood Law Firm (collectively referred to as the Law Firm). The Mussers based their claim, in relevant part, upon the Law Firm's failure to properly disclose expert medical witnesses in a federal malpractice suit, which... More...   $0 (12-13-2007 - IN)