| Drugs Law |
|
United States of America and S
|
In the late 1990s, Plaintiff United States and Intervenor
Shoshone-Bannock Tribes (“the Tribes”) approached Defendant
FMC Corporation, a mining company operating in Idaho,
about potential violations of federal and tribal environmental
laws. FMC reached an agreement with each party. FMC
agreed to pay the Tribes $1.5 million per year in lieu of ... More... $0 (6/27/2008 - ID )
|
|
Monet Williams, et al. v. Walt
|
|
The plaintiffs in this civil rights
suit under 42 U.S.C. § 1983 are three black female
students at Southern Illinois University, a state university,
who were suspended by the university, one for
two years and the other two for three years, for hazing
another black female student, who was pledging the
plaintiffs’ sorority, Zeta Phi Beta.
... More... $0 (6/23/2008 - IL )
|
|
Robert M. Nelson, et al. v. Na
|
The named appellants in this action (“Appellants”) are scientists,
engineers, and administrative support personnel at the
Jet Propulsion Laboratory (“JPL”), a research laboratory run
jointly by the National Aeronautics and Space Administration
(“NASA”) and the California Institute of Technology
(“Caltech”). Appellants sued NASA, Caltech, and t... More... $0 (6/21/2008 - CA )
|
|
Thomas Cook, et al. v. Robert<
|
In 1993, Congress enacted a statute regulating the service of homosexual persons in the United States military. 10 U.S.C. § 654 (2007)(the Act). The Act, known as "Don't Ask, Don't Tell," provides for the separation of members of the military who engage, attempt to engage, intend to engage, or have a propensity to engage in a homosexual act. Id. § ... More... $0 (6/12/2008 - MA )
|
|
Anton Mandros, et al. v. Glenn
|
- 1 -
Supreme Court
No. 2007-5-Appeal.
(NC 00-300)
Anton Mandros et al. :
v. :
Glenn Prescod, M.D. et al. :
Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ.
O P I N I O N
Chief Justice Williams, for the Court. This matter comes to us on the appeal of the
plaintiff, Anton Mandros (plaintiff), from a Superior Court ju... More... $0 (6/12/2008 - RI )
|
|
Osby Dixon v. Union Pacific Ra
|
Plaintiff Osby Dixon sued his employer, defendant Union Pacific Railroad Company,
under the Federal Employers’ Liability Act (FELA) (45 U.S.C. §51 et seq. (2000)), after a
handrail on a train car came loose and plaintiff fell several feet to the tracks below. After a trial,
a jury awarded plaintiff $131, 318. 66 for pain and suffering and $54,50... More... $0 (6/9/2008 - IL )
|
|
Earl Lee Snider and Carmin Noe
|
Earl Lee Snider and Carmen Noel Snider filed claims under 42 U.S.C.
§ 1983, alleging that David Neal and Chris Evans, both officers with the Lincoln
County Sheriff’s Department, violated their Fourth and Fourteenth Amendment
rights when, without a warrant, they entered the Sniders’ home, seized Mr. and
Mrs. Snider, and seized Mr. Snider’s conce... More... $0 (6/7/2008 - OK )
|
|
Clyde Williams v. United Parce
|
|
This case requires us to determine the boundary between state statutes that
regulate employee drug testing, such as Oklahoma’s Standards for Workplace
1The accuracy of these statistics has since been questioned. See National
Academy of Sciences, Under the Influence? Drugs and the American Workforce
(Jacques Normand, et al. eds., 1994).
... More... $0 (6/7/2008 - OK )
|
|
Larry Schultz v. St. Luke's Me
|
|
Larry Schultz sued St. Luke's Medical Center on a medical negligence theory claiming that he suffered catastrophic injuries when a drug was injected into his spine that was supposed to relieve spasticity result from the MS from which he suffered.
A medical resident at the hospital injected the drug Baclofen to treat the multiple sclerosis and... More... $10,000,000 (6/7/2008 - WI )
|
|
Dr. Rajan D. Bhatt v. The Univ
|
¶ 1. Plaintiff Dr. Rajan Bhatt appeals from a decision of the Chittenden Superior Court, granting summary judgment to defendant The University of Vermont (the University) on plaintiff’s claim that he was subjected to discrimination because of his disability. On appeal, plaintiff argues that: (1) the Vermont Public Accommodations Act, 9... More... $0 (5/30/2008 - VT )
|
|
George Siepel v. Bank of Ameri
|
Several beneficiaries of trust accounts maintained by Bank of America, N.A.,
filed a class action complaint against the Bank, its holding corporation, and affiliated
investment companies. In addition to alleging claims under federal securities laws,
the Plaintiffs alleged state-law claims that the Defendants were unjustly enriched and
breached ... More... $0 (5/19/2008 - MO )
|
|
Mark D. Bogar, M.D. v. Dolores
|
We again address issues arising from the expert report requirements of section 74.351 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (West Supp. 2006). Appellant Mark D. Bogar, M. D. appeals the probate court's denial of his motion to dismiss appellees' health care liability claims under section 74.351(b) for... More... $0 (5/17/2008 - TX )
|
|
AVE, Inc. and John Coil v. Com
|
Appellee Comal County sued appellants AVE, Inc. and John Coil, seeking temporary and permanent injunctive relief barring Coil and AVE from operating a sexually oriented business and alleging that they were violating section 243.0075 of the local government code and Comal County Commissioners Court Order Number 10 ("Order 10"). (1) See Tex. Loc. Gov... More... $0 (5/17/2008 - TX )
|
|
Merck & Co., Inc. v. Felicia G
|
At the time of his death on April 21, 2001, Leonel Garza was seventy-one years old and had a history of heart problems. On March 27, 2001, Mr. Garza visited his cardiologist, Dr. Michael Evans, because he had been experiencing "[i]ntermittent numbness, left arm pain and weakness that had started the day before and was occurring on and off over a 24... More... $0 (5/16/2008 - TX )
|
|
William Trujillo and Barbara T
|
William and Debra Trujillo brought this action against PacifiCorp claiming
their employment with PacifiCorp was terminated in violation of the association
clause of the Americans with Disabilities Act (ADA), 42 U.S.C. §12112(b)(4),
and the Employee Retirement Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001
et seq. The district court granted Pac... More... $0 (5/12/2008 - WY )
|
|
Chermane Smith, et al. v. City
|
The Chicago Police Department,
acting under the Illinois Drug Asset Forfeiture Procedure
Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property
belonging to the plaintiffs. In response, the plaintiffs filed
this case, under 42 U.S.C. § 1983, claiming that when
property is seized under the Act, due process requires that
they be given a pr... More... $0 (5/6/2008 - IL )
|
|
Sankararao Tamtam, M.D., P.A.<
|
Josephine Waiters was a resident at the Guadalupe Valley Nursing Center G.P., L.L.C. and was under the care of Dr. Sankararao Tamtam. Ms. Waiters suffered from a number of medical problems including gout and renal failure. On or about May 12, 2004, Dr. Tamtam prescribed the medication Allopurinol for Ms. Waiters in response to her com... More... $0 (5/6/2008 - TX )
|
|
Prima Tek II v. Klerk's Plasti
|
This case involves a licensing
dispute between two companies that operate in the pot
cover business. Prima Tek II (“PTII”), in essence, gave
Klerk’s Plastic (“Klerks”) permission to use its technology
to create superior pot covers in exchange for a royalty
fee on each sale. The agreement between the parties
delineated the type of product that... More... $0 (5/6/2008 - IL )
|
|
Chermane Smith, et al. v. City
|
The Chicago Police Department,
acting under the Illinois Drug Asset Forfeiture Procedure
Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property
belonging to the plaintiffs. In response, the plaintiffs filed
this case, under 42 U.S.C. § 1983, claiming that when
property is seized under the Act, due process requires that
they be given a pr... More... $0 (5/5/2008 - IL )
|
|
Alexnader Nuxoll v. Indiana Pr
|
The plaintiff, a sophomore at
Neuqua Valley High School, a large public high school
in Naperville, Illinois, has brought suit against the school
district and school officials contending that they are
violating his right to free speech by forbidding him to make
negative comments at school about homosexuality. He
moved for a preliminary injunct... More... $0 (5/2/2008 - IL )
|
|
Enpalm, LCC, et al. v. The Tei
|
Defendants Tracy P. Teitler, Teitler Investments, and the Teitler Family Trust
appeal from the order reducing their award of contractual attorney fees after they were
awarded judgment in a real estate fraud and breach of contract action. We hold that the
trial court properly applied equitable principles to reduce the fee award and therefore
aff... More... $0 (5/2/2008 - CA )
|
|
Valerie Gregory, et al. v. Cou
|
|
We must decide whether police officers used excessive
force in violation of the Fourth Amendment in attempting to
restrain an individual.
I
A
On December 2, 2002, Richard Gregory and a friend were
guests in a music studio operated by Vincent Finazzo and
Jason Fuqua in Lahaina, Maui, Hawaii. Finazzo and Fuqua
were playin... More... $0 (4/30/2008 - HI )
|
|
Vida F. Negrete, et al. v. All
|
Vida F. Negrete filed this class action lawsuit against Allianz
Life Insurance Company of North America. Allianz
appeals a district court order that effectively prevents it from
proceeding with any settlement negotiations on similar class
action claims raised in any federal or state court without first
obtaining permission from Negrete’s Co-Le... More... $0 (4/30/2008 - CA )
|
|
Forest Grove School District v
|
Defendant T.A., a former student of Plaintiff Forest Grove
School District, appeals the district court’s denial of reimbursement
under the Individuals with Disabilities Education
Act (“IDEA”), 20 U.S.C. §§ 1400-1482, for his expenses in
attending a private school. We must decide whether a student
who never received special education and relate... More... $0 (4/30/2008 - OR )
|
|
James Domka v. Portage County,
|
As a result of James Domka’s plea
bargain following his third-offense arrest for driving
under the influence, his sentence included work-release
privileges (known in Wisconsin as “Huber privileges”) and
the opportunity to serve the majority of his jail time at
home under Portage County’s Home Detention Program
(“HDP”). While under the HDP, Do... More... $0 (4/26/2008 - WI )
|
|
Truth v. Kent School District<
|
Appellants Truth, Sarice Undis, and Julianne Stewart (collectively,
Truth) appeal from a summary judgment in favor of
the Kent School District and other appellees (collectively,
District). Truth alleges violations of the Equal Access Act (the
Act), the First Amendment rights of free speech and expressive
association, the Free Exercise Clause, ... More... $0 (4/25/2008 - WA )
|
|
James River Insurance Company<
|
In this appeal we decide whether the district court erred in
granting summary judgment to a professional liability insurer
on a claim seeking a declaration of no coverage, and on counterclaims
for breach of contract and bad faith under Arizona
law. The insurer argued that it could permissibly refuse to
provide for its insured’s defense against... More... $0 (4/25/2008 - AZ )
|
|
Terry Smith v. Bayer Corporati
|
The defendants, Bayer Corporation Long Term
Disability Plan and Bayer Corporation (collectively, Bayer) appeal from a district
court ruling that granted long-term–disability (LTD) benefits and partial-disability
benefits to the plaintiff, Terry Smith, a former Bayer employee, pursuant to the
provisions of the Employee Retirement Income Security... More... $0 (4/24/2008 - TN )
|
|
Mississippi Public Employees'<
|
This securities case was brought against Boston Scientific, a publicly traded manufacturer of medical devices based in Natick, Massachusetts. The appeal concerns dismissal of claims based on the company's launch of a new product, the drug-eluting TAXUS coronary stent, and its eventual recalls. Plaintiff, a Mississippi pension fund and purchaser of ... More... $0 (4/22/2008 - MA )
|
|
Great-West Life & Annuity Insu
|
This appeal presents yet another set of facts upon which we must
determine whether the Employee Retirement Income Security Act of
1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq.,
preempts certain state law claims. More specifically, the sole issue we
decide in this appeal is whether ERISA preempts a state law breach
of contrac... More... $0 (4/14/2008 - MD )
|
|
BASF AG v. Great American Assu
|
This insurance-coverage action
represents the third case in a series of lawsuits
stemming from the marketing of Synthroid, a synthetic
thyroid drug. See In re Synthroid Mktg. Litig., 264 F.3d 712
(7th Cir. 2001); Knoll Pharm. Co. v. Auto. Ins. Co., 152 F.
Supp. 2d 1026 (N.D. Ill. 2001). The first case—a multidistrict
litigation—consolidated n... More... $0 (4/14/2008 - IL )
|
|
Terrance Jewett v. Officer Dal
|
Terrance Jewett filed this action
under 42 U.S.C. § 1983 against Officer Dale Anders, a
Milwaukee police officer. He alleges that Officer Anders
unlawfully arrested him and used excessive force in
effectuating the arrest in violation of the Fourth Amendment,
as made applicable to the states by the Fourteenth
Amendment. He also alleges that Of... More... $0 (4/11/2008 - WI )
|
|
Afaf Nassar Khalifa, et al. v.
|
The issue in this case is whether a cause of action for intentional interference with
custody and visitation rights is sustainable by a father, Michael Shannon, against his former
wife, Nermeen Khalifa Shannon, and her mother, Afaf Nassar Khalifa (“Appellants”), both
of whom fled to Egypt with the couple’s two minor children, who remain there. A... More... $3,017,500 (4/11/2008 - MD )
|
|
Advocate International, LP v.<
|
AdvoCare International, L.P. formulated and sold products for improving
nutrition and weight loss. It contracted with Horizon Laboratories, Inc. to
manufacture some of its products, including products with ephedra, an
ingredient that proved to be controversial. AdvoCare also contracted with
R-Squared and its owner, Richard Scheckenbach, to form... More... $5,000,000 (4/11/2008 - TX )
|
|
Bobby Hardrick v. City of Boli
|
Bobby Hardrick (“Hardrick”)
filed a one-count complaint against Officers Limacher,
Salerno, Riend, and Liazuk pursuant to 42 U.S.C. § 1983
alleging unlawful arrest and unreasonable force in arrest
in violation of his rights under the Fourth and Fourteenth
Amendments and against the city of Bolingbrook,
Illinois pursuant to a state indemnifica... More... $0 (4/10/2008 - IL )
|
|
Fair Housing Council of San Fe
|
|
We plumb the depths of the immunity provided by section
230 of the Communications Decency Act of 1996 (“CDA”).
Facts
Defendant Roommate.com, LLC (“Roommate”) operates a
website designed to match people renting out spare rooms
with people looking for a place to live.2 At the time of the district
court’s disposition, Roommate’s websit... More... $0 (4/9/2008 - CA )
|
|
In The Matter of Z.A.K.
|
|
On 31 July 2006, the trial court adjudicated juvenile Z.A.K. (defendant) delinquent for involuntary manslaughter and possession with intent to sell and deliver Ecstacy, and on 15 August 2006, the trial court entered an order of Level II disposition. Defendant now appeals.
On 30 September 2005, defendant was with his friends E.H. and A.B. ... More... $0 (4/5/2008 - NC )
|
|
Jane Doe v. Elizabeth Dilling<
|
Plaintiff, Jane Doe, filed a complaint in the circuit court of Cook
County against defendants Elizabeth and Kirkpatrick Dilling, for,
inter alia, fraudulent and negligent misrepresentation. A jury found
for Doe on the fraudulent misrepresentation claim and awarded her
$2 million in compensatory damages. The appellate court vacated the
judgment... More... $0 (4/4/2008 - IL )
|
|
Michelle Williams v. John C. M
|
This appeal focuses on a wrongful-death claim that plaintiff,
Michelle Williams, brought in the circuit court of Cook County
against defendant, John Manchester. Plaintiff sought damages for the
death of her unborn child, Baby Doe. The circuit court entered
summary judgment in favor of defendant on that claim, but a divided
panel of the appella... More... $0 (4/4/2008 - IL )
|
|
Sabrina Bacerra, et al v. Unif
|
Aaron Becerra, a mechanic with the Kansas City, Kansas police department, was killed when his vehicle was hit by a fire truck driven by an on-duty firefighter who had used drugs and alcohol at a party prior to his shift. The truck entered an intersection at high speed against a red light in the oncoming lane of traffic in clear violation of nationa... More... $500,000 (3/29/2008 - KS )
|
|
Myisha Garcia v. Board of Educ
|
Jessica Garcia, on behalf of her daughter Myisha, alleges that the
Albuquerque Public School District failed to formulate an individualized
education program for Myisha in the Fall semester of 2003, in violation of the
Individuals with Disabilities Education Act. By way of remedy, the Garcias seek
certain compensatory educational services. The ... More... $0 (3/28/2008 - NM )
|
|
Peter J. Damon v. Michael Moor
|
Plaintiff-appellant, Sergeant Peter J. Damon (“Damon”), a former Sergeant in the Army Reserves, appeals from the dismissal of his defamation claim stemming from the non-consensual use of an interview he conducted for NBC Nightly News (“NBC”) in the documentary “Fahrenheit 9/11” (“documentary”). According to Damon, defendants-appellees (“Appellees”)... More... $0 (3/23/2008 - MA )
|
|
David Schmidt v. Archdiocese o
|
Plaintiff initiated an action in tort against the Catholic Archdiocese of Portland, Mt. Angel Abbey, and Charvet, a former priest at the abbey. (1) The action was based on plaintiff's allegations that Charvet masturbated in his presence on one occasion during plaintiff's freshman year of high school at Mt. Angel Seminary and that another priest, Fr... More... $0 (3/19/2008 - OR )
|
|
In re the matter of the reinst
|
¶1 Applicant, W.E. Pat Pate II was admitted to the Oklahoma Bar Association in 1991. On April 30, 1999, Mr. Pate submitted his resignation pending disciplinary proceedings to this Court and his name was stricken from the Roll of Attorneys by order of this Court on May 11, 1999, in State of Oklahoma ex rel Oklahoma Bar Ass'n. v. Pate, 1999 OK 42, 98... More... $0 (3/18/2008 - OK )
|
|
James River Insurance Company<
|
In this appeal we decide whether the district court erred in
granting summary judgment to a professional liability insurer
on a claim seeking a declaration of no coverage, and on counterclaims
for breach of contract and bad faith under Arizona
law. The insurer argued that it could permissibly refuse to
provide for its insured’s defense against... More... $0 (3/18/2008 - AZ )
|
|
Pfizer, Inc., et al. v. Teva P
|
Appellant Teva Pharmaceuticals USA, Inc. (“Teva”) appeals from a final judgment of the United States District Court for the District of New Jersey, entered after a bench trial, in favor of Appellees Pfizer, Inc. et al. (collectively “Pfizer”). Pfizer Inc. v. Teva Pharms. USA, Inc., 482 F. Supp. 2d 390 (D.N.J. 2007). The district court held that Tev... More... $0 (3/13/2008 - DC )
|
|
Larry Chidester v. Utah County
|
On May 25, 2005, the Utah County Metro SWAT Team, executed a search
warrant on a house in Springville, Utah (“target residence”).1 The plaintiffs in
this case–Lawrence and Emily Chidester and their adult son Larry Chidester–lived
next door to the target residence. During the raid, defendant Jason Parker, a
“[r]eserve deputy” with the Utah Count... More... $0 (3/12/2008 - UT )
|
|
Benetta Buell-Wilson v. Ford M
|
This case is before us for a second time, after a GVR1 order from the United
States Supreme Court directed that we reconsider our original opinion in Buell-Wilson v.
Ford Motor Company (2006) 141 Cal.App.4th 525 (Buell-Wilson I) in light of Philip
Morris USA v. Williams (2007) 549 U.S. ___ [166 L.Ed.2d 940, 127 S.Ct. 1057] (Philip
Morris). Phil... More... $82,606,004 (3/11/2008 - CA )
|
|
Estate of Hilda Boggs v. Camde
|
The Estate of Hilda Boggs sued Camden-Clark Memorial Hospital and others on a medical negligence theory (medical malpractice) for the wrongful death of Mrs. Boggs during ankle surgery in 2001. Plaintiff claimed that the anesthesiologist overdosed Boggs with lidocaine, allowing the drug to reach her chest, where it stopped her heart and interrupted... More... $1,400,000 (3/7/2008 - WV )
|
|
Augusto Ticconi, etc. v. Blue<
|
The question before us is whether the trial court abused its discretion in denying a
motion to certify a class under Proposition 64. Plaintiff Augusto Ticconi sued his health
insurance provider defendant Blue Shield of California Life and Health Insurance
Company (Blue Shield Life)1 under the Unfair Competition Law (Bus. & Prof. Code,
§ 17200 (... More... $0 (2/27/2008 - CA )
|
|
UMarcellus H. Baker v. Via Chr
|
Appellant Marcellus Baker sued his former employer, Via Christi Medical
Center, for racial discrimination, sexual harassment, and retaliation under
Title VII of the Civil Rights Act of 1964. The United States District Court for the
District of Kansas granted summary judgment to Via Christi. Mr. Baker appeals
pro se, generally arguing that he is... More... $0 (2/27/2008 - KS )
|
|
John Hill, et ux v. Sacred Hea
|
Sweeney, C.J. -- This is a medical malpractice case. The court concluded that the
plaintiffs failed to show the necessary qualifications of their experts and that the
plaintiffs' affidavits were not sufficient to show a causal relationship between any
breaches of the duty of care and the plaintiffs' injury. We conclude that the... More... $0 (2/26/2008 - WA )
|
|
Cynthia Lambert v. Greg Hartma
|
Cynthia Lambert appeals the district court’s
dismissal of her complaint against Greg Hartmann in his official capacity as the Hamilton County
Clerk of Courts (the “Clerk”) and against the Hamilton County Board of County Commissioners (the
“County”) (collectively the “Defendants”). In September of 2003, Lambert received a traffic
citation for sp... More... $0 (2/26/2008 - OH )
|
|
State of Alabama v. Astrazenec
|
|
The State of Alabama sued Astrazeneca on a fraud theory claiming that the drug company defendant listed one price on state Medicaid purchase lists, which Alabama was obligated to pay, then charged wholesalers far, far below list price. This created huge profits, some of them 800 times the cost of the drugs.
Astrazeneca denied wrongdoing.... More... $215,000,000 (2/22/2008 - AL )
|
|
Andrea Newton v. Clinical Refe
|
Andrea Newton sued a clinical laboratory, a medical review officer, and the
review officer’s employer, alleging negligent performance of a drug test mandated by
Newton’s employer. Newton claims that she lost her job because the defendants
negligently performed the drug test, and then notified her employer of a positive
result. The district cour... More... $0 (2/22/2008 - AR )
|
|
Christopher DeMayo v. Robert N
|
Plaintiff-appellant Christopher DeMayo appeals from a district court's order denying his motion for partial judgment on the pleadings and granting a dismissal on the basis of qualified immunity in favor of Massachusetts State Police (State Police) Troopers Robert Nugent and Jeffrey Lugas, Defendant-appellees. DeMayo's complaint alleged that Nugent ... More... $0 (2/22/2008 - MA )
|
|
Bobby Fultz v. DaimlerChrysler
|
Bobby Fultz sued DaimlerChrysler Corp. on a products liability theory claiming that a design defect caused the right front wheel from the Dodge Dakota pickup causing him to loss control of the pickup and crash head-on into a car on Highway O in Franklin County, Missouri on the evening of October 1, 2003.
Fultz took his truck into the Barreth Chry... More... $0 (2/21/2008 - MO )
|
|
Riegel, Individually and as Ad
|
|
We consider whether the pre-emption clause enacted inthe Medical Device Amendments of 1976, 21 U. S. C. §360k, bars common-law claims challenging the safety and effectiveness of a medical device given premarket approvalby the Food and Drug Administration (FDA).
I
A
The Federal Food, Drug, and Cosmetic Act (FDCA), 52Stat. 1040, as amend... More... $0 (2/21/2008 - NY )
|
|
Miccosukee Tribe of Indians of
|
The Miccosukee Tribe of Indians (the “Tribe”) appeals from an order
granting summary judgment in favor of the United States of America; the
Environmental Protection Agency; Stephen L. Johnson, Administrator of the
EPA; and Jimmy Palmer, Regional Administrator of EPA Region IV (collectively
the “EPA”) with respect to the Tribe’s claims pursuant ... More... $0 (2/21/2008 - FL )
|
|
State of Rhode Island
|
This is a heinous and horrific case of domestic
abuse that resulted in the execution-style murder of a wife and beloved mother of three children.
Our decision today marks the first time that this Court has had the opportunity to consider and
uphold a sentence of life imprisonment without the possibility of parole for a crime of domestic
violenc... More... $0 (2/21/2008 - RI )
|
|
Emerald Investments Limited Pa
|
Emerald, the plaintiff in this
diversity suit (governed by Illinois law) for breach of
contract, obtained a verdict and judgment for $1.1 million
against the defendant, Allmerica. Allmerica contends
that Emerald should not have been awarded any damages
apart from the cost of a $150,000 surrender fee discussed
later in this opinion. Emerald, c... More... $1,100,000 (2/20/2008 - IL )
|
|
Andrew Gallegos and Joan Galle
|
|
¶1 Appellants James Lloyd and Julie Lloyd (the Lloyds) appeal
the trial court's award of attorney fees to Appellees Andrew
Gallegos and Joan Gallegos (the Gallegoses). We reverse.
BACKGROUND
¶2 On August 6, 2004, the Gallegoses filed a complaint against
the Lloyds for trespass, negligence, and quiet title, alleging
that the Lloyds b... More... $0 (2/14/2008 - UT )
|
|
Express Scripts v. Aegon Direc
|
Express Scripts, Inc. (ESI) brought this action against Aegon Direct Marketing
Services, Inc. (Aegon) seeking a declaratory judgment that a 2000 oral agreement
terminated an earlier agreement to arbitrate contractual disputes and injunctive relief
against Aegon's demand for arbitration. Aegon moved to dismiss or for a stay
pending arbitration. ... More... $0 (2/13/2008 - MO )
|
|
Keith and Kim Eidson v. Floyd<
|
In this 42 U.S.C. § 1983 action, Floyd Wesley Owens, a reserve-force
deputy sheriff and lawyer, appeals the district court’s denial of qualified
immunity in connection with the search of Keith and Kim Eidsons’ real property.
We conclude that while Owens obtained the Eidsons’ consent to search their
property in violation of the Fourth Amendment,... More... $0 (2/13/2008 - FL )
|
|
Robert Meyer and Janet Meyer v
|
This case involves the interpretation of a private employment
contract. Plaintiffs Robert and Janet Meyer appeal the district court’s grant of summary judgment
in favor of Robert’s former employer, AmerisourceBergen Corporation, arguing that: (1) the district
court erred in concluding that AmerisourceBergen’s promise to pay Meyer incentive compe... More... $0 (2/13/2008 - OH )
|
|
Cambodian Buddhist Society of<
|
This appeal by the named plaintiff, Cambodian
Buddhist Society of Connecticut, Inc. (society),
and the plaintiff Pong Me, the society’s president, arises
from the decision of the defendant planning and zoning
commission of the town of Newtown (commission)
denying the society’s application for a special exception
to build a Buddhist temple on ... More... $0 (2/12/2008 - CT )
|
|
Gary Despain and Joy Dispain v
|
Aside from two procedural issues, this appeal primarily concerns whether the 1976
Medical Device Amendment (MDA) to the federal Food, Drug, and Cosmetics Act preempts
the statelaw
productsliability
and negligence claims of Appellant Gary Despain against
Appellee Soundtec, Inc., the manufacturer of a medical device; in addition, the appeal... More... $0 (2/7/2008 - AR )
|
|
Roll Coater, Inc. v. Chauffeur
|
This case presents the question of whether an arbitrator was
arguably construing the collective bargaining agreement between Roll Coater, Inc. and Chauffeurs,
Teamsters and Helpers Local Union No. 215 when he ordered the reinstatement of employee Stacy
Westerfield. Roll Coater discharged Westerfield for cause under the CBA for allegedly drinking... More... $0 (2/5/2008 - KY )
|
|
Deborah S. Golob, M.D. v. Ariz
|
¶1 Deborah S. Golob, a physician licensed by the State of Arizona, appeals the superior court’s judgment upholding a Decree of Censure and other sanctions imposed on her by the Arizona Medi-cal Board (the “Board”). The Board acted after finding that Dr. Golob had issued prescriptions over the internet without conducting a physical examination of th... More... $0 (2/5/2008 - AZ )
|
|
Richard Earle v. Netjets Aviat
|
Plaintiff-Appellant Richard Earle appeals the district court’s
decision affirming an arbitration award in favor of Defendant-Appellee NetJets Aviation Inc.
(“NetJets”). Earle had grieved NetJets’ termination of his employment, as well as the
suspension that preceded his termination. Both grievances were submitted to arbitration, and
the arbitra... More... $0 (2/5/2008 - OH )
|
|
Helene Rush v. Wyeth
|
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 b... More... $0 (2/5/2008 - AR )
|
|
David Parker, et al. v. Willia
|
Two sets of parents, whose religious beliefs are offended by gay marriage and homosexuality, sued the Lexington, Massachusetts school district in which their young children are enrolled. They assert that they must be given prior notice by the school and the opportunity to exempt their young children from exposure to books they find religiously repu... More... $0 (2/1/2008 - MA )
|
|
Amy Difatta-Wheaton v. Dolphin
|
After an authorized leave from her employment, Amy DiFatta-Wheaton (Wheaton) suffered a medical emergency the evening before her anticipated return to work and was unable to attend work as scheduled. Upon receiving notice from her employer, Dolphin Capital Corporation (Dolphin), that she had voluntarily abandoned her employment, she immediately sou... More... $0 (1/29/2008 - MO )
|
|
Elvis E. Pendleton v. Over the
|
|
Over the Top challenges the district court’s denial of its post-trial
motions claiming that the evidence does not support the jury’s verdict and damages award of
$185,000 arising from a barroom fight. Because the district court did not err or otherwise abuse its
discretion in denying the motions, we affirm.
I.
In 2003, Elvis Pendleto... More... $0 (1/29/2008 - TN )
|
|
Paulette Bayer-Bel v. Anna Lit
|
|
This is a tort action in which three defendants caused an automobile
accident, one by negligently driving the car, the other two by negligently
entrusting the car to the unlicensed driver. A jury found all three liable to the
plaintiff and allocated fault among the three defendants, and the trial court, in
entering judgment on the verdict,... More... $0 (1/27/2008 - CA )
|
|
United States of America v. Co
|
|
We must decide whether the United States may retain evidence
it seized from Major League Baseball’s drug testing
administrator, and enforce an additional subpoena, as part of
an ongoing grand jury investigation into illegal steroid use by
professional athletes.
I
These three consolidated cases arise from the federal investigati... More... $0 (1/27/2008 - CA )
|
|
Shannon W. Ford v. Round Barn<
|
In October 2005, plaintiff, Shannon W. Ford, filed a
three-count negligence suit against defendants, Round Barn True
Value, Inc., doing business as Sunnycrest True Value (True
Value); Body Firm, Inc., doing business as Gold's Gym; and Daniel
Mark McCulley, doing business as Gold's Gym (Body Firm and
McCulley are hereinafter collectively referr... More... $0 (1/25/2008 - IL )
|
|
Johnnie Dennis v. Giles Group,
|
|
Johnnie Dennis was injured when he sat on a stool in a retail store and the stool collapsed. Dennis sued the retailer, Giles Group, Inc. ("Giles"), asserting various claims. Dennis appeals the summary judgments granted in favor of Giles contending the trial court erred by: (1) striking his third and fourth amended petitions; (2) concluding Gil... More... $0 (1/25/2008 - TX )
|
|
National Labor Relations Board
|
The National Labor Relations Board (NLRB or the Board)
petitions for enforcement of its order entered against Fairmont
General Hospital (Fairmont General or the hospital) in an unfair
labor practice case. In this court Fairmont General challenges the
Board’s unit clarification decision that included two newly created
occupational medicine assi... More... $0 (1/24/2008 - PA )
|
|
Daniel E. Gilmer v. Kyseme Ell
|
|
This case arises from an incident in which plaintiff and appellant Daniel E. Gilmer
was injured when a left-turning driver collided with plaintiff as he was riding his
motorcycle through an intersection. Plaintiff sued not only the left-turning driver, but
also defendant and respondent Kyseme Ellington for negligently gesturing to that driv... More... $0 (1/24/2008 - CA )
|
