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Jamie Gannon v. American Home Products, Inc.


Plaintiffs Jamie and Rebecca Gannon appeal from the grant of summary judgment dismissing their complaint against defendants American Home Products Corporation (American), American Cyanamid Company (Cyanamid), and Lederle Laboratories (Lederle) (collectively, defendants). We have considered the arguments raised in light of the record and applicable legal standards. We reverse and remand for fu... More...
   $0 (07-29-2010 - NJ)

Audrey Quinlan v. Camden USA, Inc.

Audrey Quinlan sued Camden USA, Inc. for damages after she tripped on a sidewalk in its apartment complex. She lost at trial and was ordered to pay Camden $41,976 in attorney fees and costs. The district court based its award on the offer of judgment Camden made under NRS 17.115 and NRCP 68, which Camden sent by facsimile. Although Quinlan’s lawyer received the offer of judgment, he had not e... More...   $0 (07-28-2010 - NV)

Ashi-Gto Associates v. Irvington Pediatrics, P.A.


These two appeals were calendared back-to-back because they arise out of the same factual complex, and the issues presented are inter-related. We consolidate them for purposes of this opinion. In A-5054-08, defendants appeal from an amended judgment entered on May 4, 2009, following a jury's verdict in plaintiff's favor. In A-5265-08, plaintiff appeals from the trial court's post-trial denial... More...
   $0 (07-15-2010 - NJ)

Althea Booker v. Massachusetts Department of Public Health

Plaintiff Althea Booker filed suit against her employer, the Massachusetts Department of Public Health (the Lemuel Shattuck Hospital), the Executive Office of Health and Human Services, and certain individual defendants. A jury returned a verdict in favor of defendants on Booker's claims of retaliation under federal and state law, see 42 U.S.C. § 2000e-3(a); Mass. Gen. Laws ch. 151B, § 4(4), ... More...   $0 (07-13-2010 - MA)

Baishali Das v. Bank of American, N.A.

Appellant Baishali Das asserted claims based on the elder abuse statutes (Welf. & Inst. Code, § 15600 et seq.), alleging that respondent Bank of America, N.A., failed to report financial abuse involving her father (now deceased), and engaged in other misconduct regarding him.1 After sustaining demurrers to appellant‟s claims without leave to amend, the trial court entered a judgment of dismissa... More...   $0 (07-12-2010 - CA)

I.H., by and through his guardian ad litem, Steven A. Litz, v. County of Lehigh

In December 2002, a car accident paralyzed a foster care child, I.H. A jury found that his foster father’s negligent driving caused I.H.’s injury. The single issue before us in this tragic case is whether a private foster care agency can be vicariously liable for the ordinary negligence of a foster parent. The District Court held no, and granted the foster care agency’s motion for summary ju... More...   $0 (07-07-2010 - PA)

Attorney's Process and Investigation Services, Inc. v. Sac & Fox Tribe Mississippi in Iowa

After Attorney's Process and Investigation Services, Inc. (API), a Wisconsin corporation which provides security and consulting services to casino operators, was sued in tribal court by the Sac and Fox Tribe of the Mississippi in Iowa (the Tribe), API brought this action seeking a declaratory judgment that the tribal court lacked jurisdiction and an order compelling arbitration. The Tribe's lawsui... More...   $0 (07-07-2010 - IA)

John Steven Simon v. Maricopa Medical Center

¶1 Plaintiff-Appellant John Steven Simon appeals the trial court’s judgment dismissing his claims against Defendants-Appellees Maricopa Medical Center (“MMC”), the City of Phoenix Police Department (the “Police Department”), and Officers Borquez, Masad, Coudret, Edwards, Ippel, Smoger, and Burke (collectively, the “Officers”). We reverse the superior court’s orders dismissing the ... More...   $0 (07-01-2010 - AZ)

MCI Constructors, L.L.C. v. City of Greensboro

This appeal arises from a contract dispute concerning the construction of a wastewater treatment plant. This dispute has been before us once before. See MCI Constructors, Inc. v. City of Greensboro, 125 F. App’x 471 (4th Cir. 2005). Following that decision, all concerned parties agreed to submit the outstanding issues to arbitration. Arbitration yielded an award to Appellee City of Greensboro (t... More...   $0 (07-01-2010 - NC)

Josie Faulkinbury, et al. v. Boyd & Associates, Inc.

Plaintiffs Josie Faulkinbury and William Levene (together, Plaintiffs), on behalf of themselves and all others similarly situated, appeal from the trial court‟s order denying their motion for class certification. They sought to represent and certify a class of about 4,000 current and former employees of defendant Boyd & Associates, Inc. (Boyd), which provides security guard services throughout S... More...   $0 (06-25-2010 - CA)

Anthony Guy v. City of San Diego, et al.

Anthony Guy appeals the district court’s denial of his motion for a new trial on damages following a jury verdict that was reached in his 42 U.S.C. § 1983 action. The jury concluded that police officer David Maley used excessive force when he detained Guy during a late-night confrontation, but the jury awarded only nominal damages, and that prompts Guy’s appeal seeking a new trial solely on d... More...   $0 (06-17-2010 - CA)

Embassy, L.L.C., et al. v. City of Santa Monica, et al.

This case arises under the Ellis Act, Government Code section1 7060, et seq. The Ellis Act gives landlords "the unfettered right," as outlined in the statute, to remove their residential units from the rental market (City of Santa Monica v. Yarmark (1988) 203 Cal.App.3d 153, 165) and means that cities cannot prevent residential landlords from going out of the landlord business. (§ 7060.7.)
More...
   $0 (06-14-2010 - CA)

United States of America v. Steven Warshak

Berkeley Premium Nutraceuticals, Inc., was an incredibly profitable company that served as the distributor of Enzyte, an herbal supplement purported to enhance male sexual performance. In this appeal, defendants Steven Warshak (“Warshak”), Harriet Warshak (“Harriet”), and TCI Media, Inc. (“TCI”), challenge their convictions stemming from a massive scheme to defraud Berkeley’s custome... More...   $0 (06-12-2010 - OH)

Alan Kruss v. Jess Rae Booth, et al.

As we explain anon, the plaintiff in this difficult shareholder derivative suit must be given leave to amend his second amended complaint so as to allege violations of director fiduciary duty under California law. The plaintiff had alleged violations of California law in his prior, first amended complaint, but the trial court -- erroneously as we show below -- thought the case was governed by Neva... More...   $0 (06-11-2010 - CA)

H.H. Taylor v. Ramsay-Gerding Construction Company

Defendant ChemRex seeks reconsideration of our opinion on remand from the Oregon Supreme Court, 233 Or App 272, 226 P3d 45 (2010), in which we affirmed the jury's verdict in favor of plaintiffs on their breach of warranty claim. We allow reconsideration to address two contentions and adhere to our opinion as modified by the following discussion.

Defendant first asks that we address its sec... More...
   $0 (06-09-2010 - OR)

John Galliano, S.A. v. Stallion, Inc.

A court in Paris, France entered a money judgment in favor of John Galliano, S.A. (Galliano) against Stallion, Inc. (Stallion), and Galliano seeks to have that judgment recognized in New York. The Appellate Division, applying New York's Uniform Foreign Country Money-Judgments Recognition Act, codified at CPLR article 53, concluded that the French judgment should be recognized in New York (62 AD3d ... More...   $0 (06-08-2010 - NY)

Wayne Dawson v. Cheyovich Family Trust

Wayne Dawson appeals from various district court orders that resulted in John N. Bach receiving a three-quarter interest in certain real property. We remand the case to the district court for it to rule on Dawson‘s I.R.C.P. 60(b)(6) motion.

I.

On December 18, 2001, attorney Alva Harris, purportedly on behalf of Wayne Dawson and Jack Lee McLean,1 initiated a quiet-title action again... More...
   $0 (06-04-2010 - ID)

Paul Glover; Glover Construction Co., Inc. v. Carlisle Mabrey, III, et al.

Glover Construction Company and its owner, Paul Glover (collectively “Glover”) filed suit under 42 U.S.C. § 1983 against the Oklahoma Department of Transportation (ODOT) Commissioners and six department officials (collectively the ODOT defendants).1 The complaint alleged the ODOT defendants retaliated against Glover in violation of its First and Fourteenth Amendment rights. The ODOT defendant... More...   $0 (06-04-2010 - OK)

Levinson & Lichtman, LLP v. Gary A. Levinson, etc., et al.

Levinson & Lichtman, LLP, appeals an order granting Appellees Sharon Cook, Michael Kander, Susan Kander and Paul Kander’s motion to dismiss under Florida Rule of Civil Procedure 1.061. We conclude the trial court abused its discretion in granting the motion for two reasons: (1) despite reasonable efforts and supporting court orders, Levinson & Lichtman was improperly, and perhaps intentionally, ... More...   $0 (06-02-2010 - FL)

Jose A. Valencia, et al. v. Peter Michael Smyth, et al.

The California Association of Realtors publishes and periodically revises a standard form residential purchase agreement commonly used in California. The agreement contains an arbitration provision. We previously interpreted the October 2000 version of the agreement, concluding that, under the California Arbitration Act (CAA) (Code Civ. Proc., §§ 1280–1294.2), the trial court had the authority... More...   $0 (06-02-2010 - CA)

Miccosukee Tribe of Indians of Florida v. Kraus-Anderson Construction Company

In 2004, Kraus-Anderson Construction Company (“Kraus-Anderson”) sued the Miccosukee Tribe of Indians of Florida (the “Tribe”) for breach of contract in the Miccosukee Tribal Court. The Tribe denied liability and counterclaimed, alleging that Kraus-Anderson was the breaching party. Following a trial on the merits, the Tribal Court denied Kraus-Anderson’s claims and, finding for the Tribe ... More...   $0 (05-29-2010 - FL)

Carl J. Mayer v. Bill Belichick; The New England Patriots; National Football League

Plaintiff Carl J. Mayer appeals from the order of the United States District Court for the District of New Jersey granting the respective motions to dismiss filed by Defendants Bill Belichick and the New England Patriots (“Patriots”) as well as by Defendant National Football League (“NFL”). We will affirm.

I.

This highly unusual case was filed by a disappointed football fan a... More...
   $0 (05-27-2010 - NJ)

C.H. v. Cape Henlopen School District

This appeal arises from an order of the District Court, entered July 22, 2008, granting summary judgment in favor of the Cape Henlopen School District (the “District”) and denying appellants’ claim for reimbursement of private school tuition and other related costs for their disabled child under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq. Appellants cla... More...   $0 (05-27-2010 - DE)

Bradford A. Phillips, Clifton Phillips, Ryan T. Phillips and F. Terry Shumate v. United Heritage Corporation

It is a fundamental principle that the corporate structure normally insulates shareholders, officers, and directors from individual liability for the debts, liabilities, and obligations of the corporation. See Willis v. Donnelly, 199 S.W.3d 262, 271-72 (Tex. 2006). Nevertheless, their abuse of this privilege can result in the “piercing of the corporate veil” and the imposition of individual ... More...   $0 (05-26-2010 - TX)

Richard Anderson v. Durham D&M, L.L.C.

Richard Anderson appeals the district court's grant of summary judgment to Durham D& M, L.L.C. ("Durham") on his claims of race discrimination under Title VII and 42 U.S.C. § 1981, age discrimination under the Age Discrimination and Employment Act ("ADEA"), and a racially hostile work environment under § 1981.2

The district court3 granted summary judgment to Durham as to the race discrimi... More...
   $0 (05-26-2010 - MO)

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