The plaintiffs in this appeal brought an action under 42 U.S.C. § 1983 alleging that a mental health specialist, two sheriff’s deputies, and the County of Contra Costa violated the Fourteenth Amendment due process rights of their son, Robert Clouthier, by failing to prevent his suicide while he was in pretrial detention. The district court granted summary judgment in favor of the defendants. We... More...   $0 (01-21-2010 - CA)

This civil rights case arose from the investigation and prosecution of innocent teenagers for a crime they did not commit. Michael Crowe, Aaron Houser, and Joshua Treadway were wrongfully accused of the murder of Michael’s 12-year-old sister Stephanie Crowe. After hours of grueling, psychologically abusive interrogation—during which the boys were isolated from their families and had no access ... More...   $0 (01-21-2010 - CA)

Stephanie Lessard, a New Hampshire resident with multiple disabilities, is entitled to receive a free appropriate public education under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400, 1412(a)(1), (5), et seq. (2004). Footnote She is speech-language impaired, mentally retarded, and orthopedically impaired according to New Hampshire special education regulations. Sh... More...   $0 (01-20-2010 - nh)

Plaintiff and appellant Julie Nieto failed to disclose information about her medical condition and treatment on a health insurance application she submitted to defendant and respondent Blue Shield of California Life & Health Insurance Company (Blue Shield). She filed an action against Blue Shield after it rescinded her insurance policy. The trial court granted Blue Shield‘s motion for summary ju... More...   $0 (01-19-2010 - CA)

Rex Carr, a successful class action lawyer in southern Illinois, is locked in mortal combat with his former law partners, the defendants in a RICO case (with a supplemental state-law claim, 28 U.S.C. § 1367) that he brought in federal district court.

The dispute is over the division of legal fees in cases handled by the law firm (Carr Korein Tillery, LLC) before it broke up; Carr is seekin... More...   $0 (01-19-2010 - IL)

This case arises out of a supplemental citation proceeding brought by plaintiff, Government Employees Insurance Company (GEICO), against third-party respondent, American Access Casualty Company (AACC), to discover assets and satisfy a judgment in an underlying negligence action that was entered in favor of GEICO against AACC’s insured, Aaron Hersey. The circuit court ultimately entered a judgmen... More...   $0 (01-15-2010 - IL)

Patrick Owen, age 51, sued the City of tulsa, Ian J. Simmons, Jerad Lindsey, Mark Wollmershauser and others on a civil rights violation theory under 42 U.S.C. 1983 claiming that Tulsa Police Department officers Mark Wollmershauser, Jerad Lindsey and James Weakly used excessive force then they went to his house in March 2007 in response to a complaint call about children who were jumping off a shed... More...   $270000 (01-15-2010 - OK)

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)

“Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.â€� (Code Civ. Proc., § 1032, subd. (b).) The litigation costs that the prevailing party may recover include attorney fees when recovery of such fees is authorized by statute. (Id., § 1033.5, subd. (a)(10)(B).) But when “the prevailing party rec... More...   $0 (01-14-2010 - CA)

This appeal by Feesers, Inc. (“Feesersâ€�), a food distributor, arises out of a Robinson-Patman Act claim for unlawful price discrimination, 15 U.S.C. § 13 (the “RPAâ€�), against Michael Foods, Inc. (“Michaelsâ€�), a food manufacturer, and Sodexo, Inc. (“Sodexoâ€�),1 a food service management company. Feesers claims that Sodexo was able to purchase egg and potato products from Michaels at... More...   $0 (01-13-2010 - )

In June 2005, plaintiff, Clinton Dean Lovell, sued defendant, Sarah Bush Lincoln Health Center (Health Center), for medical malpractice, claiming that the Health Center's negligence following his August 2003 surgery caused him severe and permanent injury. Following a September 2008 trial, a jury returned a verdict in Lovell's favor and awarded him $2,378,258. The Health Center appeals, arguing tha... More...   $0 (01-12-2010 - IL)

Angela LaFary liked her job as a field clerk at the Martinsville, Indiana, office of Rogers Group, Inc. (“RGIâ€�), a company in the business of producing crushed stone for road construction and similar uses. Shortly after she became pregnant, however, RGI transferred her to Bloomington, eventually letting her go after she had taken more than six months of leave necessitated by complications with... More...   $0 (01-12-2010 - IN)

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)

Plaintiffs in this antitrust suit are a group of hospitals and other health care providers that purchased pulse oximetry sensors from Tyco Healthcare Group LP after November 2003. They allege that they overpaid for the sensors because Tyco used two kinds of marketing agreements to foreclose competition from generic sensor manufacturers in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. ... More...   $0 (01-10-2010 - CA)

¶1 Baptist Healthcare of Oklahoma, Inc., doing business as Integris Bass Baptist Health Center, Inc. (Bass Hospital), Integris Health, Inc., Jeffrey Tarrant,1 and Rob Miller2 (collectively, Defendants) appeal a trial court order staying discovery and ordering an evidentiary hearing on the issue of fraud in the inducement prior to either submitting the controversy with Dr. Hamid "Harry" A. Hai, M.... More...   $0 (01-08-2010 - OK)

Susan Mathis appeals a final summary judgment entered in favor of Sheriff Jim Coats.1 She sued the Sheriff for false arrest. Ms. Mathis raises three issues for our review. First, she challenges the trial court's determination that she was under arrest when she was taken to Central Breath Testing (CBT). Second, she challenges the trial court's conclusion that a deputy had probable cause to arrest h... More...   $0 (01-08-2010 - FL)

Appellee Finova Capital Corporation sued appellants All Creatures Animal Hospital and Marion Smith, D.V.M., alleging that the hospital had breached a lease of certain office equipment.1 The Garland County Circuit Court entered summary judgment in Finova’s favor. The hospital now appeals, raising five points for reversal. We affirm. On March 31, 1994, the hospital entered into a written lease for... More...   $0 (01-06-2010 - AR)

In this dispute involving a vehicle collision and uninsured motorist coverage, the insured, plaintiff Gerald Ryan, appeals the trial court’s grant of summary judgment in favor of his insurer, defendant State Farm Mutual Automobile Insurance Company (State Farm). Plaintiff contends he is entitled to coverage because the vehicle at issue was not furnished or available for his regular use and, thus... More...   $0 (01-06-2010 - IL)

The plaintiff, Thomas Martinez, filed a medical malpractice case against the defendants, Samuel Elias, M.D. and the Bone & Joint Center, alleging that Dr. Elias performed unnecessary procedures on the plaintiff's lower spine. Following trial, the jury returned a verdict in favor of the plaintiff and against the defendants in the amount of $500,000. The trial court granted the defendants' posttrial... More...   $400000 (01-06-2010 - IL)

The sole issue in this case is whether an 11-month delay in notice of an occurrence is reasonable notice to an insurance company under the provisions of its policy.

BACKGROUND

Procedural History

Plaintiff’s minor son, age 11, sustained an injury at a paintball facility operated by Adrenaline Games, Inc., an Illinois corporation (Adrenaline). On November 3, 2003, plaintiff fi... More...   $0 (01-06-2010 - IL)

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)

In this product liability diversity case, James Paul Pugh, III (“Pughâ€�) alleged that a ladder manufactured by Louisville Ladder, Inc., (“LLâ€�) structurally failed during normal use, causing Pugh to fall and suffer injuries. At trial, two engineering experts testified on behalf of Pugh and the jury returned a verdict in Pugh’s favor. LL filed the instant appeal arguing that the district co... More...   $0 (01-05-2010 - NC)

In this appeal, we address the interpretation of a provision of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, governing the filing of whistleblower lawsuits in federal district court. The parties acknowledge that the Sarbanes-Oxley Act expressly provides a United States District Court jurisdiction to entertain a whistleblower action. However, they disagree as to whether a whistleblower plain... More...   $0 (01-03-2010 - 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)