Plaintiffs-Appellants Berry & Murphy, P.C. and Timothy H. Berry, P.C. (“plaintiffsâ€�) appeal the district court’s grant of summary judgment to Defendant- Appellee Carolina Casualty Insurance Company (“Carolina Casualtyâ€�) on plaintiffs’ claim for insurance coverage for a malpractice lawsuit. Plaintiffs filed their action in state court and Carolina Casualty removed the case to federal co... More...   $0 (11-20-2009 - CO)

Dr. Marvin Wayne Couch appeals from summary judgment entered in favor
of defendants, Memorial Hospital of Carbon County (“MHCC�), a small rural
hospital where he has staff privileges, the hospital’s chief administrator, and six
of the ten other physicians who have privileges at MHCC. Dr. Couch brought this
action, pursuant to 42 U.S.C. § 1983, to remedy an alleged deprivatio... More...   $0 (11-17-2009 - WY)

Steve and Anita Ritchie sued Allied Property and Casualty Insurance Company seeking $300,000 in underinsured motorist coverage under their Allied policy for the wrongful death of their daughter, Kelsey Ritchie. The trial court held that the Ritchies were entitled to recover this amount, finding the anti-stacking and set-off provisions of the policy unenforceable.

This Court affirms, but on ... More...   $0 (11-17-2009 - MO)

Clinton and Michele Aichs sued Don B. Swisher Trucking Corp., McCann Delivery Service and Kenneth Barbour on an auto negligence theory for the wrongful death of their daughter, Sydney, age 16, who was killed in a collision between her 1999 Chevrolet Cavalier and a tractor-trailer rig driven by Barbour on U.S. 29 in 2008. Plaintiffs claimed that Barbour was driving at an excessive speed at the time... More...   $5250000 (11-14-2009 - VA)

In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.1 (“SFXâ€�), appeals the district court’s denial of its post-trial motion for judgment as a matter of law (“JMOLâ€�). SFX argues that a reasonable jury could not have found SFX liable for wanton conduct based on its staging of an August 2003 motorcycle race in which Arthur Wagner, Jr. (“Wagnerâ€�), crashed and was se... More...   $0 (11-13-2009 - KS)

In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word “afterâ€� because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’... More...   $0 (11-13-2009 - IL)

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More...   $0 (11-13-2009 - MD)

In this products-liability action, Appellants Debbie Hunter et al. (the Hunters) appeal a take-nothing judgment, raising three issues. We will affirm.

Background

Bob Hunter was killed in a post-collision fire that occurred after the 1999 Ford F-350 diesel pickup truck he was driving collided nearly head-on with a Toyota pickup truck. The Toyota’s driver was killed... More...   $0 (11-13-2009 - TX)

Carin Sollman sued the City of Easton, New Jersey on a tort theory claiming that the City was responsible for the death of her husband who was shot to death in the Easton City police headquarters by a fellow officer in March 2005. A subsequent investigation concluded that the death was accidental.

The defenses asserted by defendant are not available.... More...   $500000 (11-10-2009 - NJ)

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)

Jack O'Dell sued the owner of the Déjà Vu Bar Plainville,
Connecticut in his capacity as Administrator for the Estate of Patrick O'Dell,
on a dram shop act theory claiming that the defendant served alcohol to one Joel
Prachar after he was already in intoxicated. While giving Patrick a ride home
from the bar, Prachar crashed into the back of a truck parked legally on the
side ... More...   $250000 (11-07-2009 - )

The Family and Estate of Velibor Videnovic sued Drs. Jack Goodman and William Teubl on medical negligence theories for the wrongful death of Mr. Videnovic on November 19, 2003 from a stroke. Videnvoic presented at the Northern Dutchess Hospital on October 3, 2003 after having experienced unexplained shaking of his left leg and arm for about five second. Subsequent testing revealed that he had pa... More...   $0 (11-07-2009 - )

Fifteen plaintiffs from the coordinated statewide clergy sex abuse cases appeal from the judgment of dismissal entered after the trial court sustained defendants‟ demurrers without leave to amend because plaintiffs‟ did not bring their previously time-barred claims against various Catholic Church entities during the one-year revival window for such claims. (Code Civ. Proc., § 340.1, subd. (c)... More...   $0 (11-06-2009 - CA)

Rudy E. Davis, Jr. appeals the district court’s determination that his medical malpractice claims against Ziana Liese, M.D., are barred by the statute of limitations because Dr. Liese was not timely served with process. Because Mr. Davis never received or filed an executed waiver of service and did not formally serve Dr. Liese before the statutory deadline, we affirm.1

Background

T... More...   $0 (11-06-2009 - KS)

The primary question that we consider in this appeal is whether adults who agree to supervise and care for a child owe a duty to exercise reasonable care in the supervision and care of that child.

II.

Michael H. Kellermann, administrator of the estate of his daughter, Jaimee Elizabeth Kellermann, filed a wrongful death action against Paul McDonough and Paula McDonough (the McDonoughs... More...   $0 (11-05-2009 - VA)

Doris Dukes, Judy Blessing and Ruth Watkins sued UNARCO Industries, Inc. on products liability theories for the wrongful deaths on their respective husbands who all died from the asbestos cancer mesothelioma. The Plaintiffs' husbands all worked for Union Asbestos & Rubber Company, later known as UNARCO Industries, Inc. in the 1950s and 1960s. Plaintiffs claimed that Defendant's predecessor in inte... More...   $5500000 (11-05-2009 - IL)

This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers w... More...   $0 (11-04-2009 - OH)

This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOHâ€�). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec... More...   $0 (11-04-2009 - WV)

This case is before the Court upon the June 30, 2008, Order of the Circuit Court of Marshall County, West Virginia, wherein the circuit court granted Partial Summary Judgment to the Appellees, Richard Blake, Jr., and John T. Parker and determined that the Appellant, State Farm Mutual Automobile Insurance Company (hereinafter sometimes referred to as “State Farmâ€�), was required to defend and in... More...   $0 (11-04-2009 - WV)

In this governmental immunity highway exception case, defendant Michigan Department of Transportation (MDOT) appeals as of right the trial court’s order denying MDOT summary disposition under MCR 2.116(C)(7). This case arises out of a single motor vehicle accident in which plaintiff Jerome Plunkett’s wife, decedent Holly Marie Plunkett,1 died after losing control of her vehicle, causing her ve... More...   $0 (11-03-2009 - MI)

In this action for a declaratory judgment, the defendant Meghan Laporta appeals from the summary judgment rendered by the trial court in favor of the plaintiff, Merrimack Mutual Fire Insurance Company.


The following facts are undisputed. On June 27, 2005, Jeffrey Ramsey visited the defendant as an invited guest in her apartment. The two were involved in a romantic relationship. Without ... More...   $0 (11-03-2009 - CT)

This action arises under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Hans-Gerd Rasenack seeks accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator (collectively, “AIGâ€�). The district court reviewed the administrator’s denial of benefits under an arbitrary and capricious... More...   $0 (11-02-2009 - )

Larry Groover and the guardians of decedent Chad Groover’s minor children (collectively the “Groovers�) appeal the district court’s summary judgment order dismissing their tort claims against Omni Pinnacle, LLC (Omni) and Cahaba Disaster Recovery, LLC (Cahaba). Because we hold that the Louisiana workers’ compensation scheme shielded Omni and Cahaba from tort liability, we affirm.

... More...   $0 (10-31-2009 - LA)

Matrixx Initiatives, Inc. (“Matrixxâ€�) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe... More...   $0 (10-30-2009 - AZ)

Family and Estate of Jennifer Lea Strange, age 28, sued Entercom Communication Corp. and Entercom Sacramento, L.L.C. on negligence theories for her wrongful death. Mrs. Strange died as a direct result of her participation in a water drinking contest conducted by KDND on January 12, 2007 to see who could drink the most water without urinating. The contest which was run on the "Morning Rave" show w... More...   $16600000 (10-29-2009 - CA)