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Jacqueline Hammer v. Fred Meyer Stores, Inc.

Defendant appeals from a judgment on a jury verdict for plaintiff in this premises liability action arising from personal injuries that plaintiff suffered while shopping in one of defendant's stores. In two assignments of error, defendant challenges the trial court's denial of its directed verdict motion and the giving of a res ipsa loquitur instruction to the jury. We affirm.

In reviewing ... More...
   $0 (04-20-2011 - OR)

Newport News Holdings Corporation v. Virtual City Vision Incorporated, d/b/a VCV, Inc.

This appeal raises numerous issues arising out of the grant of summary judgment to Newport News Holdings Corporation ("NNHC") on its claims against Virtual City Vision and its owner Van James Bond Tran (collectively, "VCV") under the Anticybersquatting Consumer Protection Act ("ACPA").

In addition to challenging summary judgment, VCV argues that the magistrate judge erred in refusing to r... More...
   $0 (04-18-2011 - VA)

Tony Maddox v. Townsend and Sons, Inc.

In this premises liability suit, the plaintiffs Tony and Kathy Maddox appeal from the summary judgment granted to the defendant, Townsend & Sons, Inc. We REVERSE and REMAND.


Twice a week for eight months, Tony Maddox made deliveries to a grocery store owned by Townsend & Sons in Columbus, Mississippi. On September 26, 2005, he wheeled his delivery c... More...
   $0 (04-18-2011 - MS)

Elias Bobadilla-German v. Bear Creek Orchards, Inc.

In these appeals, we consider whether certain on-site housing costs of seasonal farm workers can be credited toward the minimum wage set by Oregon statute. Under the circumstances presented by this case, we conclude that they may not. We also conclude that the workers in this case were entitled to be paid on the last workday, rather than the following day. 4988 BOBADILLA-GERMAN v. BEAR CREEK
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   $0 (04-18-2011 - OR)

Ericka J. Sauvain v. Acceptance Indemnity Insurance Company

This is an action in equitable garnishment based on disputed insurance coverage for an automobile accident. Acceptance Indemnity Insurance Company (“Acceptance”) appeals the judgment of the trial court, which granted summary judgment in favor of Amy Sauvain, Ericka Sauvain, and Bonnie Hughes (collectively “Plaintiffs”), and denied Acceptance‟s cross-motion for summary judgment, as it per... More...   $0 (04-12-2011 - MO)

Wendell Arden Grissom v. State of Oklahoma

¶1 Wendell Arden Grissom, Appellant, was tried by jury and found guilty of Count 1, murder in the first degree, in violation of 21 O.S.Rev.Supp.2005, § 701.7(A); Count 2, shooting with intent to kill, in violation of 21 O.S.Rev.Supp.2005, § 652(A); Count 3, grand larceny, in violation of 21 O.S.2001, § 1705; and Count 4, possession of a firearm after former conviction of a felony, in violation... More...   $0 (04-01-2011 - OK)

United States of America v. Gary E. Krause

Can a taxpayer avoid the IRS by moving money to a “diet cookie” company and then destroying records that might show the company to be a sham? Or by transferring assets to his “children’s trusts” only to use the trusts to pay for his country club membership, buy cars, and fund his lifestyle? The answer, of course, is no. Why this is so takes a bit more explanation.


Gary Kr... More...
   $0 (04-01-2011 - KS)

E. James Spahr v. Ferber Resorts, L.L.C. d/b/a Rodeway Inn & Suites

Defendant-Appellant Ferber Resorts, LLC (“Ferber Resorts”) appeals from a judgment on a jury verdict awarding $393,001.45 to Plaintiff-Appellee James Spahr on his negligence claim and $42,498.55 to Plaintiff-Appellee Colleen Spahr, his wife, for loss of consortium. After trial, Ferber Resorts unsuccessfully moved for judgment as a matter of law or, in the alternative, a new trial or remittitur... More...   $0 (03-23-2011 - UT)

Michael Hunt v. City of Los Angeles

The Venice Beach Boardwalk (the “Boardwalk”), located on the west side of Los Angeles, is world-famous for its free performances and public expression activities. Due to overcrowding, safety concerns, and to promote local businesses in the area, the City of Los Angeles (the “City”) has implemented a number of ordinances aimed at preventing vending on the Boardwalk, including Los Angeles Mu... More...   $0 (03-22-2011 - CA)

Alto Eldorado Partnership, L.L.C. v. The County of Santa Fe

Developers owning property in the County of Santa Fe, New Mexico, (“County”) brought a lawsuit challenging as unconstitutional under the Takings Clause an ordinance requiring the provision of affordable housing in new subdivisions. The district court dismissed the complaint on ripeness grounds and the developers appealed. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court AFFIRM... More...   $0 (03-21-2011 - )

Mark Siliven v. Indiana Depart of Child Services

In January 2008, Teresa Siliven discovered bruises on her then-two-year-old son C.S.’s arm a few hours after picking him up from daycare at the home of Ashley Woods. Teresa’s husband Mark told her that he did not know how C.S. had gotten the bruises. The Silivens filed a child abuse report with the police. The case was referred to the Indiana Department of Child Services (“DCS”), and assig... More...   $0 (03-16-2011 - IN)

Resort Development Latin America, Inc., et al v. Timothy L. Barton, et al.

A Dallas jury has returned a $10 million verdict against Dallas-based JMJ Holdings LLC and other related defendants after finding that the real estate firm and its owner violated a shareholders agreement and interfered with the development of two luxury hotel projects in Mexico's Riviera Maya region.

On March 8, 2011, after a six-day trial, jurors in the 116th District Court in Dallas fou... More...
   $10000000 (03-12-2011 - TX)

Bankshot Billiards, Inc. v. City of Ocala

In this case, we consider whether a business may sue a municipality under 42 U.S.C. § 1983 to recover damages it sustained by cautiously complying with an ordinance that the business claims is unconstitutionally vague under the Fourteenth Amendment. The business does not engage in any constitutionally protected activities under the First Amendment or any other provision of the United States Const... More...   $0 (03-11-2011 - FL)

John F. Warner v. Horace Calbert

{1} In this interlocutory appeal, Horace Calvert and Jody Calvert, a.k.a. Jody Lusk, North American Pizza Solutions, Inc. (NAPS) and Albuquerque Pizza Solutions, L.L.C. (APS) (hereinafter referred to as Appellants) appeal the district court’s order appointing Judith Wagner as an expert witness pursuant to Rule 11-706 NMRA and determining that the valuation report prepared by Ms. Wagner in 2009 (... More...   $0 (03-09-2011 - NM)

Larry Treadwell v. Glenstone Lodge, Inc.

Larry Weldon Treadwell and his wife, Carole Elaine Treadwell, arranged and presented a Red Hat Society event for hundreds of women at Glenstone Lodge, Inc. (Glenstone) in Gatlinburg, Tennessee. The Treadwells promised to pay the hotel bill, but skipped town without paying. As a result, the Treadwells owe Glenstone over $150,000. When Glenstone tried to foreclose on the Treadwells’ Missouri home ... More...   $0 (03-09-2011 - MO)

Mindy Slater v. Energy Services Group International, Inc.

Appellant Mindy Slater appeals from the dismissal of her claims brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (Title VII), the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01, et seq. (FCRA), and the Florida Whistleblower Act, Fla. Stat. § 448.102 (FWA), against Energy Services Group International (ESGI), her former employer. Slater claims that ... More...   $0 (03-08-2011 - FL)

Alvin Kaltman v. All American Pest Control, Inc.

In this appeal, a husband and wife filed complaints against a pest control company and its employee after the employee allegedly treated the couple’s home with a pesticide that was not approved for residential use. We consider whether the circuit court erred in sustaining demurrers to the homeowners’ claims of negligence, willful and wanton conduct, and negligence per se. The principal issue w... More...   $0 (03-04-2011 - VA)

Timothy McCollough v. Johnson, Rodenburg & Lauinger, L.L.C.

Debt collection law firm Johnson, Rodenburg & Lauinger (“JRL” or “the law firm”) appeals from the entry of summary judgment against it under the federal Fair Debt Collection Practices Act (“FDCPA”), and from a subsequent jury verdict awarding damages under the FDCPA, the Montana Unfair Trade Practices and Consumer Protection Act (“MCPA”), and state torts of malicious prosecution an... More...   $0 (03-04-2011 - MT)

Aubrey E. Henry v. Jefferson County Commission

We are asked once again to intervene in a decades-old landuse dispute between Aubrey Henry and the sundry local government bodies and neighboring residents who played a part in turning back his development plans. Henry chiefly alleges that the defendants took his property by granting him a less intensive conditional use permit than the one to which he claims he was entitled. Because he had no such... More...   $0 (03-04-2011 - )

Rafael Perez v. Spring Branch Independent School District

This case arises from an employment dispute. Rafael Perez was an assistant principal employed by Spring Branch Independent School District (“the District”) for almost two years. In June of 2006, after Perez was placed on administrative leave, he resigned. Perez then filed suit alleging discrimination, disability, retaliation, and harassment. Perez, who is pro se, brings this appeal from th... More...   $0 (03-03-2011 - TX)

Greg Shrader v. Al Biddinger

Plaintiff Greg Shrader appeals from a series of orders culminating in a judgment dismissing this action in its entirety for lack of personal jurisdiction over any of the named defendants. We affirm for reasons explained below.


Mr. Shrader brought this tort action pro se, asserting claims for defamation, false-light invasion of privacy, inte... More...
   $0 (02-28-2011 - OK)

Adnrew A. Lang, Jr. v. Commonwealth of Pennsylvania Department of Transportation

In this eminent domain case, Andrew A. Lang, Jr. (Lang) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation’s (DOT) preliminary objections to Lang’s petition for the appointment of a board of viewers (petition for viewers) alleging a de facto taking occurred prior to DOT’s filing of a declaration of taking.
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   $0 (02-18-2011 - PA)

Edward A. Copley v. Sarah Johnson Pitt

Appellants’ motion for rehearing is denied. This court’s opinion and judgment dated December 1, 2010 are withdrawn, and this opinion and judgment are substituted. Our prior opinion contained an incorrect reference to Laura Johnson serving as co-trustee of a foundation as opposed to Laura Johnson serving as co-trustee of a management trust. We substitute this opinion to delete the erroneous ... More...   $0 (02-16-2011 - TX)

C.W. Mining Company v. Aquila, Inc.

C.W. Mining Corporation (“C.W.”) is the debtor in this involuntary Chapter 7 bankruptcy proceeding. On summary judgment, the bankruptcy court determined that the creditors who filed the involuntary petition were “qualifying creditors” as required to trigger involuntary bankruptcy. C.W.’s former managers (“the Managers”),1 purporting to act on C.W.’s behalf, appealed the grant of su... More...   $0 (02-14-2011 - UT)

John Rucker v. Oasis Legal Finance, L.L.C.

This case presents the issue of the enforceability of a forum selection clause.

The plaintiffs, on behalf of themselves and a purported class of others similarly situated, filed a declaratory judgment action outside of the contractually chosen forum, and the defendant moved to dismiss based on improper venue. The District Court denied the defendant’s motion, concluding that giving effect ... More...
   $0 (02-11-2011 - AL)

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