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John Pritchett, Roxie Pritchett v. Cottrell, Inc., Jack Cooper Transport Company, Inc.

John and Roxie Pritchett, Christian and Cathy Scott, and Gaylan and Carman Fix brought three separate products-liability actions in state court against Cottrell, Inc. (Cottrell), Jack Cooper Transport Co., Inc. (JCT), and others, for injuries that the men sustained while operating a ratchet system designed by Cottrell.1 Cottrell removed the cases to federal court, and the district court d... More...   $0 (01-23-2008 - MO)

Newcal Industries, Inc., et al. v. Ikon Office Solutions, et al.

Five lessors of copier equipment (collectively "Newcal") appeal the dismissal of their complaint for failure to state viable Sherman Act antitrust, Lanham Act, and RICO claims against Defendant IKON.1 We reverse. 1General Electric Corporation ("GE") bought and enforced some flexed IKON contracts and is included as a Defendant for its role in the allegedly anti-competitive scheme.

... More...   $0 (01-23-2008 - CA)

Denise Rose, et al. v. Chase Bank USA, N.A.

Plaintiffs-Appellants Denise Rose, Scott Raitt, Salvador Abeyta, and Lea Reis ("Plaintiffs"), ostensibly on behalf of themselves and all others similarly situated, appeal the district court's grant of judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) to Defendant Chase Bank USA, N.A. ("Chase" or "Defendant") on all claims.1 We affirm the district court's grant of judgment on ... More...   $0 (01-23-2008 - CA)

James Cheyenne Brown v. State of Oklahoma

1 James Cheyenne Brown, Appellant, was tried by jury in the District Court of Oklahoma County, Case No. CF-2004-6248, and found guilty of 100 Counts of Possession of Obscene Material Involving the Participation of a Child Under 18, in violation of 21 O.S.2001, § 1021.2 . The jury fixed punishment at six months imprisonment on each count. The Honorable Susan P. Caswell, who presided at tria... More...   $0 (01-23-2008 - OK)

Andrew Chmielinski v. Commonwealth of Massachusetts Office of the Commissioner of Probation, et al.

Andrew Chmielinski, the Chief Probation Officer of the Milford, Massachusetts, District Court, was fired by the Commissioner of Probation after a hearing on charges he had abused his office. That termination was upheld on administrative appeal to the Chief Justice for Administration and Management ("CJAM") of the Commonwealth of Massachusetts Trial Court and then to the Trial Court's Advisory C... More...   $0 (01-23-2008 - MA)

Abdus-Shahid M.S., Ali v. Federal Bureau of Prisons, et al.

This case concerns the scope of 28 U. S. C. §2680, whichcarves out certain exceptions to the United States' waiverof sovereign immunity for torts committed by federalemployees. Section 2680(c) provides that the waiver ofsovereign immunity does not apply to claims arising fromthe detention of property by "any officer of customs or excise or any other law enforcement officer." Petitioner contends... More...   $0 (01-23-2008 - FL)

Stoneridge Investment Partners, LLC v. Scientific Atlanta, Inc., et al.

We consider the reach of the private right of action theCourt has found implied in §10(b) of the Securities Exchange Act of 1934, 48 Stat. 891, as amended, 15 U. S. C.§78j(b), and SEC Rule 10b–5, 17 CFR §240.10b–5 (2007). In this suit investors alleged losses after purchasing common stock. They sought to impose liability on entitieswho, acting both as customers and suppliers, agreed toarrangeme... More...   $0 (01-23-2008 - MO)

Linda Gomes v. Akhtar Hameed, M.D.

¶1 The determinative issues are whether: 1) statutory immunity pursuant to the Good Samaritan Act, 76 O.S. 2001 §5 et seq., precludes recovery against a doctor who attempted to provide care to an emergency room patient with whom he had no contractual relationship; and 2) an agreement not to sue negotiated on behalf of a minor and/or incapacitated person requires court approval to be enforceable.... More...   $0 (01-22-2008 - OK)

Maria T. Stennis v. The City of Santa Fe

{1} On motions for rehearing, the opinion filed October 25, 2007, is withdrawn and the following opinion is substituted in its place. The City of Santa Fe's motion for rehearing is otherwise denied. Maria Stennis's motion for rehearing is likewise denied. The Court, after considering the parties' supplemental briefing, decides, as a matter of law, that the Section 3-53-1.1(E) requirement of o... More...   $0 (01-22-2008 - NM)

Myriam Therese Marquez v. David L. Caudill, et al.

This is a case involving custody and visitation issues. Amy Caudill gave birth to Jason in October 1992. Jason's biological father is David Storm; however, he has never been involved in Jason's life. When Jason was a toddler, Amy married respondent/appellant (hereinafter referred to as Stepfather)[1] in February 1994. Amy gave birth to Kathryn (Katie) Caudill in December 1999. Katie's father ... More...   $0 (01-22-2008 - SC)

Mary Lou Moseley v. Jim Oswald

In this case, Petitioner Mary Lou Moseley filed a conversion action against Respondent Jim Oswald. The trial court granted Respondent's motion for summary judgment, and the court of appeals affirmed on the basis that Petitioner failed to present any evidence that Respondent owned the land on which Petitioner's chattels were stored. Moseley v. Oswald, Op. No. 2005-UP-530 (S.C. Ct. App. filed Sept... More...   $0 (01-22-2008 - SC)

William J. Pasquina v. Maurie F. Cunningham

This bankruptcy case requires us to decide whether the post-petition sale of the debtor's home, for which he had obtained a homestead exemption under the law of Massachusetts protecting it from creditors, causes the proceeds of the sale to lose their exempt status under the Bankruptcy Code and become subject to pre-petition, nondischargeable debt. We conclude that the proceeds from the sale of the... More...   $0 (01-22-2008 - MA)

Elizabeth Flood v. Mercantile Adjustment Bureau, LLC

We granted certiorari in this Colorado Fair Debt Collection Practices Act1 case to review a decision of the District Court for Boulder County upholding a decision of the County Court for Boulder County.2 Both courts ruled that the debt collection communication that Mercantile Adjustment Bureau, LLC ("MAB") sent to Elizabeth Flood complied with the notice provisions of section 12-14-109, and t... More...   $0 (01-22-2008 - CO)

Kathleen Lowden, et al. v. T-Mobile USA, Inc.

The issues on appeal are whether the arbitration provisions in Defendant T-Mobile's service agreements with two of its customers are enforceable under Washington state law and, if not, whether the state law is preempted by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. After two consumers of T-Mobile's cellular phone service brought a class action against T-Mobile in state court... More...   $0 (01-22-2008 - WA)

UJohn Wysong v. City of Heath

Officers Bruce Ramage and Jaimee Coulter appeal the district court's denial of their motion for summary judgement based on qualified immunity. John Wysong sued the defendants under § 1983 for using excessive force when they arrested him. This case is on its second interlocutory appeal; the district court previously denied the defendants' motion for summary judgment and a panel of this court... More...   $0 (01-22-2008 - OH)

Steven T. Dorrough v. T. Lynn Tarpy; Hagood, Tarpy & Cox; Edward Shultz

Plaintiffs-Appellants Steven and Jayme Dorrough (the "Dorroughs") brought a legal malpractice action under Tennessee state law against defendantsappellees T. Lynn Tarpy, Edward Shultz, and Hagood, Tarpy & Cox, PLLC (collectively "defendants"), who provided legal representation for the Dorroughs. The United States District Court for the Eastern District of Tennessee granted summary judgment ... More...   $0 (01-22-2008 - TN)

Innogenetics, N.V. v. Abbott Laboratories

Abbott Laboratories (Abbott) appeals on a multitude of grounds the judgment entered against it by the United States District Court for the Western District of Wisconsin for infringement of Innogenetics, N.V.'s (Innogenetics) U.S. Patent No. 5,846,704 (the '704 patent). We reverse and remand for a new trial the district court's judgment as a matter of law that claim 1 of the '704 patent was no... More...   $0 (01-22-2008 - WI)

Timothy A. Fisher v. James B. Peake, M.D.

Timothy A. Fisher ("Fisher") appeals a June 6, 2006 decision by the United States Court of Appeals for Veterans Claims ("Veterans Court"), which affirmed the Board of Veterans Affairs' ("Board") dismissal of Fisher's request for revision of a 1998 Board decision because that decision had been affirmed by the Veterans Court in 1999. Joint App'x at 1-3. We affirm.

Fisher served on active m... More...   $0 (01-22-2008 - KS)

Jack L. Aronowitz, et al. v. Health-Chem Corporation

Plaintiffs-counter defendants-appellants, Jack Aronowitz, Health-Chem Diagnostics LLC, and Leon Services LLC (collectively "Aronowitz"),1 appeal an "Omnibus Order" by the district court for the Southern District of Florida addressing a number of post-trial motions. The order (1) set aside the jury verdict that had been rendered in Aronowitz's favor as to his first breach of contract claim... More...   $0 (01-22-2008 - FL)

Jarrod Hollinger v. Scott Courts

Jarrod Hollinger sued Scott Courts on a civil assault and battery theory claiming that Courts wrongfully sprayed him with pepper spray after a near-collision at the S-curse connecting Main Street and Highway 82 in Aspen, Colorado on July 5, 2006.

Courts claimed that he maced Hollinger because Hollinger said he was going to beat him up, and was getting out of his car to attack him. Courts, w... More...   $1 (01-22-2008 - CO)

Family and Estate of Rachelle Bentivenga v. St. Francis Hospital and Dr. Calvin Monroe

Family and Estate of Rachelle Bentivenga sued St. Francis Hospital and Dr. Calvin Monroe on medical negligence theories (medical malpractice) for her wrongful death claiming that the defendants acted below the standard of care when they failed to properly treat her high blood pressure during labor and that she suffered a massive brain hemorrhage as a result. Bentivenga was placed on a ventilato... More...   $22000000 (01-22-2008 - IL)

James Faber, Jr. v. Heater Specialists, LLC

James Faber sued Heater Specialists, LLC on a negligence theory claiming that he sustained burn injuries as a result of a fire that his workplace.

The defenses asserted by Defendant are not available.... More...   $1 (01-21-2008 - OK)

Greg Goldsmith v. Bagby Elevator Company, Inc.

Forty-five years ago, "the civil rights movement swirled into Birmingham, a city whose bitter resistance to change made it a battleground." Jack Bass, Unlikely Heroes 201 (1981). Dr. Martin Luther King Jr. remarked, "If we can crack Birmingham, I am convinced we can crack the South. Birmingham is a symbol of segregation for the entire South." Id. By blood, toil, and tears, segregation was, of ... More...   $0 (01-20-2008 - AL)

Vicki V. Busby, etc. v. JRHBW Realty, Inc., d/b/a Realty South

This matter is before this Court on Plaintiff Vicki V. Busby's ("Busby") appeal of the district court's denial of class certification to a class of plaintiffs seeking damages arising out of Defendant JRHBW Realty, Inc.'s, d/b/a RealtySouth ("RealtySouth"), alleged violation of Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §§ 2601, et seq. We accepted juri... More...   $0 (01-20-2008 - AL)

Donald E. Hesse, II v. Colleen S. McClintic, D.C.

Respondent Colleen McClintic was rear-ended by Petitioner Donald Hesse when she slowed for bighorn sheep that had entered her lane of travel on the highway. McClintic brought a negligence claim against Hesse stemming from the accident. Hesse raised the defense of comparative negligence, claiming that McClintic was negligent in failing to pull onto the shoulder instead of slowing in the lane o... More...   $0 (01-20-2008 - CO)

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