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Spencer v. Oklahoma Gas & Electric Company

¶1 To dispose of the certiorari petition, we must resolve two issues. The first is whether the trial court abused its discretion in reducing the requested attorney fees of $8, 775.37 by more than $6,000.00. It is apparent from the transcript of the hearing on the attorney fees issue that: 1) there was no real attempt to determine the amount to be awarded under the standards of Burk v. Oklahoma Ci... More...   $0 (10-09-2007 - OK)

CREST INFINITI II, LP v. SWINTON

1 Petitioners seek extraordinary relief because the order of the trial court requires the attendance of Cecil Van Tuyl and Larry Van Tuyl for depositions via notice to petitioners' counsel, although the named individuals are not named parties. Cecil was noticed to appear in Overland Park, Kansas, and Larry in Phoenix, Arizona. The notices are directed to the named petitioners and specify the na... More...   $0 (10-09-2007 - OK)

Richard Dee Thomas v. George Vaughn, et al.

This civil rights action brought under 42 U.S.C. § 1983 stems from the arrest and conviction of Richard Dee Thomas for aggravated robbery. The facts are well known to the parties and need not be recited here. Suffice it to say that the issues raised in this pro se appeal were rejected by the district court, which denied Mr. Thomas's motion for partial summary judgment and dismissed the comp... More...   $0 (10-09-2007 - UT)

Linda Braboy v. Federal Express Corporation

In this personal-injury case, the plaintiff Linda Braboy appeals from the trial court's judgment in favor of the defendant, Federal Express Corporation. She challenges the sufficiency of the verdict returned by the jury, wherein the jury assessed zero percent of fault to plaintiff, zero percent fault to defendant, and then found plaintiff's damages to be $150,000. Yet the verdict form instructe... More...   $0 (10-09-2007 - MO)

Ilene Massey v. George Carter, et al.

Ms. Ilene Massey brought a personal injury lawsuit against Mr. George L. Carter. After a jury verdict for Mr. Carter, Ms. Massey filed a motion for new trial on the basis of juror misconduct. In the motion for new trial, Ms. Massey claimed that Juror Stephen Pack failed to disclose information about prior litigation experience. During voir dire, Ms. Massey's counsel asked the panel, "Have any o... More...   $0 (10-09-2007 - MO)

STEPHEN GRAY and SHELLY GRAY, Husband and Wife, v. JAMES R. OSBORN, III

In this case, we consider whether landowners have an easement across the property of an adjoining landowner or whether they committed trespass when they attempted to exercise rights pursuant to the claimed easement. The district court found that an express easement existed and dismissed claims for trespass and injunctive relief. The court of appeals reversed, and we granted further revie... More...   $0 (10-08-2007 - IA)

Diane C. Sweem v. American Fidelity Life Assurance Company

Stephan, J. American Fidelity Life A ssurance Company (American Fidelity) discontinued benefits it had been paying to Diane C. Sweem under a group disability income policy, based upon its determination that S weem was employable in some capacity and therefore no longer totally disabled under the terms of the policy. Sweem, contending that she is still totally disabled and unable to work... More...   $0 (10-08-2007 - NE)

Walter L. Buchholz, et al. v. Harold E. Storsve, et al.

[1.] Linda C. Buchholz (Linda) passed away, leaving a State of South Dakota retirement plan naming her ex-spouse, Harold E. Storsve (Storsve), as the primary beneficiary. Linda's surviving spouse, Walter L. Buchholz (Buchholz), filed a declaratory judgment action seeking revocation of the retirement plan's beneficiary designation and an order declaring Buchholz the lawful beneficiary of Linda's... More...   $0 (10-08-2007 - SD)

Patricia A. Casey v. Michael J. Astrue

Patricia Casey's applications for disability insurance benefits and supplemental security income benefits were denied by the Social Security Administration (SSA). Casey sought review before an administrative law judge (ALJ), who, after conducting a hearing, concluded that Casey was not disabled and denied the benefits. The SSA Appeals Council denied review, thereby rendering the ALJ's dec... More...   $0 (10-08-2007 - IA)

Roger Brockinton v. City of Sherwood

Roger Brockinton sued Van Buren County, Arkansas; the City of Sherwood, Arkansas; and several law-enforcement officers under 42 U.S.C. § 1983, alleging violations of his constitutional rights. The District Court1 granted the defendants' motions for summary judgment, and we affirm.

I

We recite the facts as alleged in the light most favorable to Brockinton. See Saucier v. Katz, 533 ... More...   $0 (10-08-2007 - AR)

Yoko Zipusch v. LA Workout, Inc.

Yoko Zipusch appeals from a summary judgment entered in favor of Northridge GG, Inc. (Northridge) in her negligence action for personal injuries sustained when her foot became stuck to a sticky substance on a treadmill at a health club owned by Northridge.1 Zipusch contends the trial court erroneously concluded there were no triable issues of material fact regarding two matters: first, whet... More...   $0 (10-06-2007 - CA)

Aimee Nichols v. City of Taft

While employed as a dispatcher for the City of Taft Police Department, plaintiff Aimee Nichols was allegedly subjected to physical and verbal sexual harassment on the job. She filed suit alleging claims of intentional tort and violation of the Fair Employment and Housing Act (FEHA).1 On the eve of trial, the parties settled. It was agreed in the settlement that defendant, City of Taft, woul... More...   $175000 (10-06-2007 - CA)

Edward W. Sznyter v. Robert J. Malone, D.D.S.

In this limited civil action arising under 47 United States Code section 227, commonly known as the Telephone Consumer Protection Act of 1991 ("TCPA" or the Act), we must determine whether a state or federal statute of limitations correctly applies, where plaintiff is asserting a private right of action for damages for violations of the Act. The matter was certified for transfer to this Co... More...   $0 (10-06-2007 - CA)

Family and Estate of Juan "Johnny" Salazar v. City of Chicago

Family and Estate of Juan "Johnny" Salazar sued the City of Chicago on a civil rights for the wrongful death of their son, who was fatally shot by Chicago police officer Rafael Balbontin. Salazar, age 14, and Edgar Naranjo tried to rob Salazar's parents but were confronted in the process by Balbontin's father wielding a mop and by Officer Balbontin wielding a pistol issued to him by the City ... More...   $4000000 (10-06-2007 - IL)

ORION REFINING CORPORATION AND JOHN STANLEY v. UOP, A GENERAL PARTNERSHIP; UOP LLC; EM SECTOR HOLDINGS, INC; AND CATALYSTS, ADSORBENTS AND PROCESS SYSTEMS, INC.

Appellant, Orion Refining Corporation, challenges the summary judgment rendered in favor of appellees, UOP, a General Partnership; UOP, LLC; and Catalysts, Adsorbents and Process Systems, Inc. (collectively, UOP) on Orion's breach-of-contract and extra-contractual claims. (1) Orion's first issue presents a broad challenge to the summary judgment that dismissed all of Orion's claims; Orion's f... More...   $0 (10-05-2007 - TX)

The Texas Parks and Wildlife Department, Doug Hammit, and Marvin C. Wills, Jr., v. E. E. Lowrey Realty, Ltd. d/b/a Gatesville Storage and The Estate of E. E. Lowrey

After a fire damaged its storage facility, E. E. Lowrey Realty, Ltd. d/b/a Gatesville Storage, along with the Estate of E. E. Lowrey (collectively, "Lowrey"), sued the Texas Parks and Wildlife Department and two of its employees, Marvin C. Wills, Jr., a game warden, and Doug Hammitt, a field radio technician. Lowrey alleged negligence claims relating to Wills's and Hammitt's installation of a r... More...   $0 (10-05-2007 - TX)

National Plan Administrators, Inc. and CRS Marketing Agency, Inc., v. National Health Insurance Company

National Health Insurance Company, Inc., contracted with National Plan Administrators, Inc. (NPA), for NPA to perform third-party administrator duties for cancer insurance policies issued by National Health. When National Health decided to exit the cancer insurance market, NPA "rolled" most of the cancer policies to Hartford Insurance Company. National Health sued NPA and obtained a jury findin... More...   $0 (10-05-2007 - TX)

In Re: Lockheed Martin Corporation

At issue in this case is the right to a jury trial in an admiralty case. Lockheed Martin owns a ship that was damaged at sea, and a dispute over insurance coverage arose between Lockheed and its insurer, National Casualty Company. National filed a declaratory judgment action in district court, designating the action as one proceeding under the court's admiralty jurisdiction and thus with... More...   $0 (10-05-2007 - MD)

Jason Hallaman v. Smithfield Chicken 'n Bar-B-Q restaurant, et al.

Jason Hallaman, age 39, sued Smithfield Chicken 'n Bar-B-Q and Gregory Moore on a civil rights theory claiming that the was subjected to hostile environment sexual harassment by the head of the Smithfield Chicken 'n Bar-B-Q restaurant chain. ... More...   $1150000 (10-05-2007 - NC)

Philip Cote v. UPS

Philip Cote sued UPS on a negligence theory seeking compensation for the injuries and damages that he claimed that he sustained as a result of an accident in which he was involved with a UPS delivery truck on the night of July 7th, 2005, when Cote's motorcycle collided with a UPS truck. Plaintiff suffered severe injuries including the amputation of one of his arm, a broken leg and other injuri... More...   $10000000 (10-05-2007 - NY)

Capitol Records, Inc. v. Jammie Thomas

Capitol Records, Inc.; Arista Records, LLC; Interscope Records; Sony BMG
Music Entertainment; UMG Records,
Inc. and Warner Bros Records, Inc. sued Jammie Thomas on a Copyright
Act, 17 U.S.C. Sec. 1001, et seq. violation theory claiming that Thomas
downloaded and/or distributed 1,702 sound recordings on KaZaA.
Plaintiffs are recording companies that own or control exclusi... More...
   $0 (10-05-2007 - MN)

Robert Gene Cunningham, etc. v. Blue Cross Blue Shield of Texas, etc.

Appellants Robert Gene Cunningham, individually and as representative of the estate of Patricia Maudine Cunningham, deceased, Tracy Jeanne Cunningham Lang, and Robin Lee Cunningham Bishop appeal from the trial court=s grant of summary judgment in favor of Appellee Blue Cross Blue Shield of Texas ("BCBSTX"). We affirm.

II. Factual and Procedural Background[2] <... More...   $0 (10-04-2007 - TX)

Ya-May Christle v. City of Los Angeles and Michael Berkow

Ya-May Christle sued the City of Los Angeles and Michael Berkow on a civil rights theory claiming that she was sexually harassed by former Deputy Chief Michael Berkow and retaliated against when she complained about Berkow treatment of her at work. Christle claimed that she was wrongly demoted for complaining about alleged sexual misconduct by her boss. Christle, age 43, claimed that she was pu... More...   $1000000 (10-04-2007 - CA)

Parents of Benjamin Hayes, individually and on behalf of Benjamin Hayes v. Dr. Steven Ambrust

The Parents of Benjamin Hayes, individually and on behalf of Benjamin Hayes, sued Dr. Steven Ambrust on a negligence theory claiming that the defendant doctor acted below the standard of care and committed medical malpractice when he failed to perform a C-section on his mother with the direct result that Benjamin was deprived of critical oxygen for 45 minutes and suffered brain damage. Benjamin... More...   $12000000 (10-04-2007 - IL)

John Doe, et al. v. Wal-Mart Stores Inc.

John Doe, et al. sued Wal-Mart Stores, Inc. claiming that he and 125,000 other employees of Wal-Mart in Pennsylvania were not paid for work performed by them and mandated breaks in violation to state law. Plaintiff claimed $500 each in compensation for wages not paid within 30 days by Wal-Mart.

Wal-Mart denied wrongdoing.... More...   $62500000 (10-04-2007 - PA)

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