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 - )

Matthew Miller appeals from the district court’s order denying him qualified immunity against Samuel Rhoads’ 42 U.S.C. § 1983 claim that Deputy Miller subjected him to excessive force while booking him into the Big Horn County Jail. We affirm.

Background

On December 1, 2005, Deputy Ben Mayland responded to a complaint that a drunken man in a wheelchair – Mr. Rhoads – was thr... More...   $0 (11-05-2009 - Wy)

Jeremy Antley sued Dr. Faye Armstrong-Papp on a medical negligence (medical malpractice) theory claiming that Defendant acted below the standard of care in providing post-operative case to him after his appendix burst during an appendectomy performed tat Northwest Arkansas Medical Center on August 19, 2007. Plaintiff presented at the hospital in pain and was correctly diagnosed as having an infla... More...   $0 (11-05-2009 - AR)

[¶1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophy‘s vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.

[¶2] I... More...   $18069257 (11-04-2009 - WY)

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, “AIG”). The district court reviewed the administrator’s denial of benefits under an arbitrary and capricious... More...   $0 (11-02-2009 - )

Kenneth Eugene Barrett, a federal prisoner appearing pro se and in forma pauperis, appeals from the district court’s entry of judgment in favor of defendants in his civil rights suit filed under 42 U.S.C. § 1983. We reverse and remand with respect to defendants Gary Philpot and Michael Hendricks. In all other respects, we affirm.

I.

Mr. Barrett was arrested at his residence in the... More...   $0 (11-02-2009 - OK)

Jebaco Inc. appeals the dismissal of its federal antitrust claims against Pinnacle Entertainment and Harrah’s Operating Company, Inc., along with five Harrah’s subsidiaries (“Harrah’s”). The district court dismissed the claims 1 under Fed. Rule Civ. Proc. 12(c) as barred by the state action doctrine and Noerr- Pennington petitioning immunity. We affirm on the alternate ground, fully brie... More...   $0 (10-31-2009 - LA)

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax... More...   $0 (10-29-2009 - )

In this civil rights case, Orlando police officers Lori Fiorino and David Burk appeal from the district court’s denial of their motion for summary judgment on the basis of qualified immunity. Appellee Amy Shirley Oliver, as personal representative of the estate of Anthony Carl Oliver, Sr., alleges that the officers used excessive and unreasonable force in violation of Anthony Oliver’s Fourth A... More...   $0 (10-26-2009 - FL)

Sabrina Smith, individually and on behalf of Daniel Smith, sued All Children's Hospital on a medical negligence theory claiming that the care that he received at the hospital in August 2000 caused him to suffer permanent brain damage. The injury that he sustained will prevent him from ever graduating for high school or being self sufficient. Daniel was taken to the Hospital's Emergency Room for tr... More...   $11100000 (10-24-2009 - FL)

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 - )

Carol Browers sued Great Plains Regional Medical Center on a premises theory claiming that she slipped and fell on ice in the hospital's parking lot and was injured.

GPRMC stipulatged that it was negligent in inspecting it’s property for ice, removing the ice, warning pedestrians that black ice was in the parking lot, and not limiting traffic in icy areas but claimed that Browers was co... More...   $200000 (10-23-2009 - NE)

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffs”) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendants”... More...   $0 (10-22-2009 - OK)

Starting in July 1989, Cheryl Wallace worked for nearly fourteen years for Ortho Biotech, Inc. ("Ortho Biotech"), an operating company in the Johnson & Johnson family of companies. She was covered by Johnson & Johnson's Long Term Disability Income Plan for Choices Eligible Employees of Johnson & Johnson and Affiliated Companies ("the Plan"). On this appeal, Wallace--now on disability leave and rel... More...   $0 (10-22-2009 - MA)

Jason Walsh suffered from autism. When he was five-years-old, his parents sought help from Dr. Michael D. Chez, who specialized in treating autistic children and who did business through his clinic, Autism and Epilepsy Specialty Services of Illinois. Jason’s treatment went seriously awry shortly after he developed pneumonia, and sadly, Jason died on May 9, 2003, of complications from adrenal ins... More...   $0 (10-21-2009 - )

After Robert Fisher mistakenly shot himself twice, his wife called 911. Two officers responded to the call. Fisher alleges, despite the seriousness of the gunshot wounds to his bicep and stomach, the officers handcuffed him in a painful manner that exacerbated his injuries. Fisher filed suit, claiming the officers violated 42 U.S.C. § 1983 by employing excessive force in violation of his Fourth A... More...   $0 (10-19-2009 - NM)

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)

On January 2, 2004, Judith Long (“Defendant”) caused a minor automobile accident. She was stopped at a red light behind another vehicle, on a multi-lane highway. To her immediate left was a left-turn lane, and when the left turn arrow appeared, the vehicles in that lane proceeded forward. Although the light for Defendant’s lane remained red, she also proceeded forward approximately two feet ... More...   $0 (10-16-2009 - TN)

In this wrongful death action, defendant Michael Dargay, D.O. (Dargay), appeals as of right from the trial court’s order granting his motion for $42,048.50 in case evaluation sanctions against plaintiffs, but denying his request to have the sanctions paid from the proceeds of a $17,500 settlement between plaintiffs, as co-personal representatives of the estate of Elizabeth Kitchen, and codefenda... More...   $0 (10-16-2009 - MI)

Plaintiff sued Montefiore Medical Center on a medical negligence (medical malpractice) theory claiming that emergency room doctors at the hospital acted below the standard of care when they failed to properly diagnose and treat him when he presented with with a fever. He claimed that because no blood test was performed to determine if he had a bacterial infection, he was diagnosed as having a vir... More...   $5450000 (10-16-2009 - NY)

Plaintiff walked into a bar. He was injured when the stool he sat on collapsed beneath him and he sued defendant, the bar owner and operator, for the injuries that he incurred. A jury awarded plaintiff $37,600 in economic damages, approximately the amount that plaintiff's medical providers had billed him for their services. Plaintiff was over 65 years old and, pursuant to the federal Social Sec... More...   $0 (10-15-2009 - OR)

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)

David Nielsen and his wife Tricia brought this action against Guy Gibson, in his capacity as executor of the estate of Bettyan Gayl Bender (Gayl), and her heirs to quiet title to property adjacent to the Nielsen home (the property, or the subject property). Following an unreported court trial, the court found the Nielsens had established they had acquired the subject property through adverse posse... More...   $0 (10-13-2009 - CA)