This appeal arises from a dispute between a rail carrier and a warehouseman regarding liability for demurrage, i.e., penalties assessed for the undue detention of rail cars. Norfolk Southern Railway Company sued Brampton Enterprises, LLC d/b/a Savannah Re-Load for demurrage accrued over the six month period from March to August 2007. Savannah Re-Load denied liability for the demurrage charges and,... More...   $0 (11-02-2009 - )

Westchester Fire Insurance Company brought a declaratory relief action against Phil Mendez, its insured policyholder under a commercial general liability insurance policy. Westchester contended that it had no obligation to defend or indemnify Mendez against a certain claim because he failed to give proper notice to the insurance company of the claim.

The injured party, Northwest Airlines,... More...   $0 (10-30-2009 - NV)

Pat Raborn was hired as a receptionist at Inpatient Management Partners, Inc. (“Inpatient”) in 1996. After she was hired, she was promoted twice and became Inpatient’s Network Operations Manager. In her role as a manager, Raborn supervised several workers at Inpatient, including Sophie Martinez and Sandra Williams. In February 2003, Martinez and Williams sued Inpatient for race discriminatio... More...   $0 (10-27-2009 - TX)

The plaintiff, a bariatric surgeon who lives and practices in New Jersey, brought this diversity suit in the federal district court in Chicago. He claims to have been defamed by the defendant, another bariatric surgeon, who practices in New York. The district judge dismissed the suit without prejudice, on the ground that venue in Chicago was improper, and the plaintiff appeals. The defendant cross... More...   $0 (10-23-2009 - )

This action involves a dispute over the parties‟ respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file ... More...   $0 (10-21-2009 - ID)

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)

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)

Appellant, Jose Hermilo Requena, sued Otis Elevator Company ("Otis") for negligence after he was hurt using an industrial freight elevator. The trial court granted Otis's motion for judgment notwithstanding the verdict after the jury returned a verdict in favor of Requena. Requena argues in his sole issue that the trial court erred in granting Otis's motion for judgment notwithstanding the verdict... More...   $0 (10-15-2009 - TX)

This is an appeal from the district court‘s entry of judgment notwithstanding the verdict (j.n.o.v.) in favor of respondents in a medical malpractice case after the district court found that the appellants‘ expert testimony regarding causation was scientifically unreliable. Because we find that the district judge impermissibly weighed the evidence in considering respondents‘ motion and that ... More...   $0 (10-13-2009 - ID)

This consolidated appeal presents the next step in the ongoing first amendment challenge to the validity of Du Page County's zoning codes regulating adult expression, which we first explored in County of Du Page v. Hot Shots on North Avenue, Inc., Nos. 2--05--0069 & 2--05--0072 cons. (2006) (unpublished order under Supreme Court Rule 23). This time, defendants Warren J. Wright, individually and do... More...   $0 (10-12-2009 - IL)

Laura Stoneking appeals from the district court’s order granting Federated Mutual Insurance Company’s motion for summary judgment. Stoneking filed a petition seeking payment of underinsured motorist (UIM) benefits from Federated after she was seriously injured in an automobile collision while a passenger in a vehicle operated by T.C. Ryan Lee Simon.1 Stoneking’s father, Dennis Stoneking, had... More...   $0 (10-07-2009 - IA)

Psychotherapist Brian Fears does business as Choices Family Education Services, S.C. (“Choices”). Choices, Brian Fears and his wife, Jennifer, (collectively, Fears) appeal from a summary judgment granted in favor of Ann Brill, a certified public accountant. Fears claimed that Brill was negligent and breached her fiduciary duty in performing her accountant responsibilities. We agree that Fea... More...   $0 (10-07-2009 - WI)

Appellant John H. Bayird, as administrator for the estate of his deceased mother, Mamie Elliott, appeals the order of the Drew County Circuit Court granting the motion of Appellee William Floyd to dismiss the complaint against him for failure to state facts upon which relief could be granted. Because the circuit court considered “other pleadings and exhibits” that Appellant had not included in... More...   $0 (10-06-2009 - AR)

Robert Rakes and Robert Hollander (plaintiffs), the named plaintiffs in a purported class action lawsuit against Life Investors Insurance Company of America (Life Investors), appeal from the district court’s1 order denying their motion for a continuance under Federal Rule of Civil Procedure 56(f) and granting summary

I. Background

Rakes and Hollander purchased long term care (LTC) ... More...   $0 (10-04-2009 - IA)

Plaintiff travel agencies appeal the district court’s dismissal of their Amended Complaint for failure to state a claim under § 1 of the Sherman Antitrust Act. Plaintiffs allege that defendants conspired to reduce, cap, and eventually eliminate the payment of base commissions in a concerted effort to drive plaintiffs out of business in violation of 15 U.S.C. § 1. We affirm. In doing so, we hol... More...   $0 (10-02-2009 - OH)

Kootenai Electric Cooperative, Inc. (KEC) appeals from the district court’s summary judgment dismissal of its claim for repayment from The Lamar Corporation and The Lamar Company, L.L.C. (Lamar) of the amount that KEC paid pursuant to a judgment in a personal injury case. The judgment was rendered against KEC for injuries that James E. Kuntz suffered when he came into contact with one of KEC’s... More...   $0 (10-02-2009 - ID)

This suit was brought by former clients, Bob Chambers and 182 others (“appellants”), against John O’Quinn, John M. O’Quinn, P.C., and John M. O’Quinn D/B/A O’Quinn & Laminack (“appellees”), for legal malpractice. Appellants appeal from the trial court’s orders dismissing their suit for want of prosecution and overruling their motion for reinstatement and new trial. In t... More...   $0 (10-02-2009 - TX)

This is a summary judgment case that arises under the notice provision of the Medical Liability and Improvement Act, Tex. Civ. Prac. & Rem. Code § 74.051 (Vernon 2005) (MLIA). Appellant, Litzi Nicholson, brings this appeal to challenge a traditional summary judgment rendered in favor of appellee, Mary Shinn, M.D. on Nicholson's medical malpractice claim. In two issues, Nicholson contends that (1... More...   $0 (10-01-2009 - TX)

Elisha Hunter filed this action on her own behalf and as personal representative of the estate of her deceased brother, Stanley Bell, against numerous defendants whom she alleged were liable for Bell’s death in the St. Clair County, Illinois, jail. The district court granted summary judgment in favor of all of the defendants on all of Hunter’s claims; Hunter now appeals portions of that ruling... More...   $0 (10-01-2009 - IL)

[¶1] David K. Stone and Nicholas B. Loundagin assigned their operating rights under a state oil and gas lease to Devon Energy Production Company, L.P. (Devon) and Carpenter & Sons, Inc. (Carpenter). When Devon and Carpenter did not offer to reassign the operating rights to them six months before the lease expiration date, Mr. Stone and Mr. Loundagin filed an action against them for breach of cont... More...   $0 (10-01-2009 - WY)

This case stems from an auto accident in which Petitioner Frances Irene Todd was injured. A jury awarded Todd $37,191.11. Petitioner appealed and the Court of Appeals affirmed. Todd v. Joyner, 376 S.C. 114, 654 S.E.2d 862 (Ct. App. 2007). We granted certiorari and, finding no error, now affirm the Court of Appeals.

FACTS

A car driven by Joyner collided with a car in which Tod... More...   $0 (09-25-2009 - SC)

Defendant-Appellant Bechtel Jacobs Company, LLC (“BJC”) appeals from the district court’s judgment following an eight-day bench trial. The district court awarded Plaintiff-Appellee MACTEC, Inc. (“MACTEC”) $9,844,319.82, plus attorney fees and interest, on several of its claims and denied all of BJC’s counterclaims. BJC asserts that the district court erred by: (1) finding unreliable th... More...   $0 (09-25-2009 - TN)

¶1 Respondent, Larry Cooper (Husband), appeals the trial court's denial of his motion to vacate a decree of divorce. We reverse and remand with directions.

FACTS

¶2 Husband and Petitioner, Rhonda Cooper (Wife), were divorced in 2006 by an agreed decree of divorce. The decree distributed the marital property by awarding the marital home, marital business, several mobile homes, v... More...   $0 (09-24-2009 - OK)

[¶1] Blue Star Corporation appeals, and CKF Properties, LLC, cross-appeals, from a summary judgment of the Superior Court (Cumberland County, Delahanty, J.): (1) in favor of Blue Star on its claim for breach of contract against CKF; (2) in favor of CKF on Blue Star’s claim for lost profits damages resulting from the breach; and (3) in favor of CKF’s president, Timothy Flannery, as to all clai... More...   $0 (09-24-2009 - ME)

Defendant Orange Park Community Association (OPCA)1 maintains and exercises control over a series of recreational trails on portions of the association “common area” (Civ. Code, § 1351, subd. (b)). The trails border Broadmoor Park homes and Saddlehill development, OPCA residential developments in Orange Park Acres. The OPCA trails connect to a larger system of trails maintained by other assoc... More...   $0 (09-22-2009 - CA)