¶1 The petitioner, Jerry R. Fent, filed an application asking this Court to assume original jurisdiction and declare unconstitutional 28 O.S. Supp. 2008 § 152(D)(E) and (F) and 28 O. S. Supp. 2008 § 152.1(B), which require a portion of fees paid to the court clerks in civil actions to be credited to or deposited to non-judicial programs. Mr. Fent bases his standing to obtain relief upon his sta... More...   $0 (01-19-2010 - OK)

Crystal Jones, as personal representative of the Estate of Jack Siler, appeals the trial court's judgment in favor of Ronald and Randy Hoffman on their wrongful eviction claim. Jones says the court erred in finding that the Hoffmans were year-to-year tenants and, thus, entitled to sixty days' notice under section 441.0501 before termination of their tenancy. The judgment is affirmed.

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The Family and Estate of Gregory Potts sued Alabama Power Company and its President, James Farley, on an auto negligence theory seeking damages for the wrongful death of Potts, age 50. Farley, age 82, struck and killed Potts as he crossed a street at the Southern Research Institute on Februaury 11, 2009 while delivering mail from one SRI building to another.

Farley testified that he was tr... More...   $1700000 (01-16-2010 - AL)

Maryland Code (1974, 2006 Repl. Vol.), § 5-101 of the Courts and Judicial
Proceedings Article (CJ) provides:

"Three-year limitation in general.

"A civil action at law shall be filed within three years from the date it
accrues unless another provision of the Code provides a different period of
time within which an action shall be commenced."
Maryland Code (1975, 2... More...   $0 (01-15-2010 - M)

Appellant Reyna Guido filed legal malpractice claims against appellee, Sandra Stern, on behalf of herself, her two children, and the estate of Domingo Martinez. Guido had hired Stern to prosecute a wrongful death claim against persons alleged to be responsible for Martinez’ death. Stern filed the complaint, but it was not served within 6 months of filing, so the case was dismissed. Almost 3 year... More...   $0 (01-15-2010 - NE)

Rodney Leon Boling (the “Decedentâ€�) died on October 28, 2007. At the joint request of his fiancée and his fourteen-year-old son, whose names are not a part 2 of this limited record, the body was cremated by the defendants, H & F, Inc. (“H & Fâ€�), a funeral home operator, and Sellars Cremation Service, Inc. (“Cremation Serviceâ€�) (the “Defendantsâ€�). While H & F made contractual arran... More...   $0 (01-15-2010 - TN)

Brian Collicott and the family and estate of Branden Atherton sued Chi-Hi, Whole Food Market Group and its driver Michael Kozlowski and Chippewa Trails Bus Company and its deiver Paul Rasmus for the injuries sustained by Collicott and the damages sustained by Atherton's family on their wrongful death claim. Plaintiffs sued on an auto negligence theories claiming that Kozlowski failed to exercise ... More...   $4560000 (01-15-2010 - WI)

Anna Lee Cangelosi executed her final will in 2004 at age 82, naming her daughter, Dorothea Cangelosi, as executrix and sole beneficiary of her estate. With respect to Anna Lee’s two remaining children, the 2004 will declares: “For reasons that seem fair to me I have specifically made no provision for distribution to my son, John Charles Cangelosi, Jr., and my daughter, Lena Jo Barber, both... More...   $0 (01-15-2010 - TX)

The Circuit Court for Montgomery County held in this litigation, among other things, that the plain meaning of Md. Code, Courts & Judicial Proceedings Article1 § 3-2A-09(a) (1974, 2006 Repl. Vol.), which states that the monetary cap on non-economic damages for health care malpractice claims appearing in § 3-2A-09(b) applies “to an award under § 3-2A- 05 of this subtitle or a verdict under § ... More...   $0 (01-13-2010 - MD)

The defendant, Sandor Farkas, appeals from a dissolution of marriage judgment rendered by the trial court. On appeal, the defendant claims that the court made incorrect factual determinations that the plantiff, Lisa A. Farkas, was unable to work and that the status of his physical ailments remain unresolved. The defendant also claims that the court’s property allocation and financial awards were... More...   $0 (01-12-2010 - CT)

The Estate of Ellen Smith ("the estate") appeals a non-final order compelling arbitration of its claims against Southland Group and the other appellees for nursing home abuse associated with Smith's death. This Court has jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). The estate argues that the durable power of attorney ("DPOA") Smith's daughter acted under in executing ... More...   $0 (01-12-2010 - FL)

Plaintiff-Appellant James Capone struck his head on the bottom of the ocean while diving in the Bahamas, paralyzing himself from the neck down. Capone sought benefits under the Accidental Death and Personal Loss provision of his employee health insurance policy administered by Aetna Life Insurance Company (Aetna). Aetna denied Capone’s claim for benefits twice, prompting this civil action. The d... More...   $0 (01-12-2010 - GA)

¶1 Michael Murphy (Husband) and Kyong Murphy (Wife) both appeal from the trial court's final decree in the dissolution proceeding filed by Wife, alleging errors with the trial court's property division. Husband's appeal addresses the trial court's failure to award him (1) an equitable share in the enhanced value of Wife's separate business, (2) a credit for joint funds used for her business, (3) ... More...   $0 (01-11-2010 - OK)

More than 40 years ago, our state Supreme Court was called upon in Insurance Co. of North America v. Electronic Purification Co. (1967) 67 Cal.2d 679 (Electronic Purification) to interpret a commercial general liability insurance (CGL) policy with a ―products hazard‖ exclusion for bodily injury damages which included both ―products‖ and ―completed operations‖ language. Reading the lang... More...   $0 (01-11-2010 - CA)

James E. Donovan died in a fire at Turner's Tap in Walnut, Illinois. Judy Donovan, his widow and the administrator of his estate, filed a lawsuit against four defendants: the County of Bureau (the County), the Village of Ohio (the Village), the Bureau County Emergency Board, a/k/a Bureau County Enhanced 911 (the Board), and Turner's Tap. Judy's complaint alleged, inter alia, an electronic equipmen... More...   $0 (01-11-2010 - IL)

Family and Estate of Cleve Bostick, age 22, sued David Phelps on an auto negligence theory for the wrongful death of Cleve who was killed in August 0f 2006 when he was run over by pickup truck in a Mexico Beach, Florida driven by his friend, David Phelps. Phelps was drunk and was convicted and sentenced to four years in prison. Bostick was about to graduate from college at the time of his death.<... More...   $1500000 (01-09-2010 - GA)

{¶ 1} Today this court must decide whether a plaintiff pursuing a claim for bodily injuries caused by a dog must elect either a statutory remedy under R.C. 955.28 or a remedy at common law for negligence. Because we hold that both remedies may be pursued in the same case, we affirm the judgment of the court of appeals.

Facts

{¶ 2} Yoshanta Beckett, plaintiff and cross-appellee (“... More...   $0 (01-06-2010 - OH)

Jose Martinez was a passenger aboard a private airplane that crashed shortly after takeoff. Martinez and the pilot were killed. The administrator ad litem for and personal representative of Martinez's estate, John K. Vreeland, filed a wrongful death action against the owner of the plane, the company to which the owner had leased the plane, and the pilot's estate. This appeal involves only the clai... More...   $0 (01-06-2010 - FL)

Plaintiff, Susan Agins, the widow of Dr. Howard Agins, filed a medical negligence lawsuit against Dr. Allan Wolff, Dr. Jeffrey Schonberg, and Otolaryngology Group, Ltd., for failing to evaluate, diagnose, and treat decedent’s malignant nasal polyp (esthesioneuroblastoma cancer), thereby contributing to his death on October 7, 2002. Following the trial, the jury returned a verdict in favor of def... More...   $0 (01-06-2010 - IL)

Plaintiff George McCollins represented a putative West Virginia class in this multidistrict litigation against the defendants who manufactured and produced Baycol, a prescription cholesterol lowering medication. His was one of thousands of similar Baycol lawsuits consolidated for pretrial proceedings in the district court, In re Baycol Prods. Litig., MDL No. 1431. After the presiding judge1 denied... More...   $0 (01-05-2010 - MN)

Terri Hancock challenges the denial by Metropolitan Life Insurance Company (MetLife) of accidental-death-and-dismemberment (AD&D) benefits for the death of her mother, Verla Hancock. Applying arbitrary-and-capricious review, the United States District Court for the District of Utah affirmed MetLife’s decision. On appeal Ms. Hancock contends (1) that judicial review of MetLife’s decision should... More...   $0 (01-05-2010 - UT)

Appellant/cross-appellee Deborah L. Pfeifer (“Ms. Pfeiferâ€�) appeals the sufficiency of a jury verdict in the Circuit Court for Baltimore County for $100,000 in damages against appellee/cross-appellant Phoenix Insurance Company (“Phoenixâ€�) for breach of contract regarding an underinsured motorist claim. Ms. Pfeifer presents one issue for our consideration, which we have rephrased as such:More...   $0 (01-04-2010 - MD)

This case arises from a highly unusual and extremely disturbing set of circumstances. In September 1995, Tanya Nicole Kach was a fourteen-year-old student when she befriended, and later became intimate with, Thomas Hose, a security guard at her middle school. Several months later, Kach ran away from home and spent the next approximately ten years living clandestinely with Hose. In March 2006, when... More...   $0 (01-01-2010 - pa)

In this diversity action involving a products liability claim, Robert Esposito challenges the district court's decision to grant summary judgment to the defendants, Dewalt Industries, Black & Decker, and Home Depot. Esposito argues on appeal that the case was improperly removed to federal court and that the district court erroneously precluded his expert witness. We reject the argument based on im... More...   $1 (01-01-2010 - RI)

¶1 BRIDGE, J. Ronald VanHierden brought suit against Dr. Jack Swelstad and the Injured Patients and Families Compensation Fund for breach of contract due to Dr. Swelstad’s failure to cure VanHierden’s pain. The circuit court granted Dr. Swelstad’s motion for summary judgment, ruling as a matter of law that no contract to cure was formed. We agree and therefore affirm.

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