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Evelyn M. Bishop v. Kenneth L. Yager

Evelyn M. Bishop sued Kenneth L. Yager on an auto negligence theory.

The claims made and defenses asserted are not available at this time.... More...
   $0 (05-19-2009 - OK)

Thomas Smith v. Argent Mortgage Company, LLC, et al.

These three consolidated appeals arise from the mortgage refinancing of the home of Thomas and Pam Smith (the “Smiths”). In their complaint, the Smiths assert claims (1) against all defendants to quiet title, for a declaratory judgment, and for violations of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq.; (2) against Argent Mortgage Company for violation of the Real Estate ... More...   $0 (05-19-2009 - CO)

Krowtoh II, LLC v. Excelsius International, Ltd., et al.

Plaintiff, Krowtoh II, LLC, filed suit against Frank Schwarzenau, ExCelsius International GmbH (“ExCelsius GmbH”), and ExCelsius International Ltd. (“ExCelsius Ltd.”), Defendants, and Shaun Ahern,1 invoking the district court’s diversity jurisdiction under 28 U.S.C. § 1332. Plaintiff sought damages and equitable relief arising from ExCelsius Ltd.’s alleged breach of the franchise agre... More...   $0 (05-19-2009 - KY)

Jeffrey Hayes v. UPS, et al.

In this “hybrid § 301” employment case brought under the Labor Management Relations Act, 29 U.S.C. § 185, Jeffrey Hayes appeals the district court’s order granting motions for summary judgment in favor of his former employer, United Parcel Service, Inc. and his former union, the International Brotherhood of Teamsters, Warehousemen and Chauffeurs, Local No. 236. Hayes argues that UPS discha... More...   $0 (05-19-2009 - KY)

Sundai Balander v. Kristie Adrian, et al.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Sundai Balander is before the court a second time in this case. We previously affirmed the district court... More...
   $0 (05-19-2009 - WY)

Thomas Smith, et aux. v. Argent Mortgage Company, LLC

These three consolidated appeals arise from the mortgage refinancing of the home of Thomas and Pam Smith (the “Smiths”). In their complaint, the Smiths assert claims (1) against all defendants to quiet title, for a declaratory judgment, and for violations of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq.; (2) against Argent Mortgage Company for violation of the Real Estate ... More...   $0 (05-19-2009 - CO)

North American Catholic Educational Programming Foundation, Inc. v. Gerry Cardinale, et al.

North American Catholic Educational Programming Foundation, Inc. ("North American") appeals from the district court's judgment; the judgment dismissed its lawsuit--the fourth stemming from its failed business relationship with Clearwire Holdings, Inc. ("Clearwire")--for lack of personal jurisdiction. North American is a nonprofit organization, incorporated and having its principal place of busine... More...   $0 (05-19-2009 - RI)

Woody Allen v. American Apparel, Inc.

Famous motion picture producer and actor Wood Allen sued American Apparel, Inc. for using a picture of him from the movie "Annie Hall" dressed as Hasidic Jew without authorization.... More...   $5000000 (05-19-2009 - NY)

Foxfire Properties, LLC v. Foxfire Owners Association, Inc.

Appellants, Foxfire Properties, LLC ("Foxfire Properties"), and Sugar Loaf Environmental Holdings, LLC ("Sugar Loaf"), challenge an order denying their motion to compel arbitration. We reverse because we disagree with the trial court's interpretation of the arbitration clause at issue.

The Foxfire Owners Association, Inc. ("the Owners Association"), represents the homeowners in the Foxfire ... More...
   $0 (05-19-2009 - FL)

Anthony DANIELE, et al., Appellants/Cross-Respondents, v. MISSOURI DEPARTMENT OF CONSERVATION, Respondent/Cross-Appellant.

In this consolidated appeal, Anthony and Beth Daniele appeal the judgment of the trial court granting the Missouri Department of Conservation's motion for a directed verdict on the Danieles' claim for breach of contract. The Department cross-appeals the judgment of the trial court granting the Danieles' motion for a directed verdict on the Department's counterclaims for breach of contract and tre... More...   $0 (05-18-2009 - MO)

Glen Hindbaugh v. Washita County Board of County Commissioners, et al.

Glen Hindbaugh appeals from the district court’s grant of summary judgment to all defendants in his civil rights suit. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

Mr. Hindbaugh was present in a house searched by defendants Daniel, Damron, Bales, and Reeve without a warrant in November 2004. When officers first entered the house, Mr. Hindbaugh and his girlfriend ... More...
   $0 (05-18-2009 - OK)

Robin R. Jones, by and through her Guardian ad Litem, Douglas Raymond Jones v. Enterprise Leasing Company-Southeast and Enterprise Rent-A-Car Company

Robin Jones, by and though her father and guardian ad litem (GAL), Douglas Jones, appeals the circuit court's grant of summary judgment in favor of Enterprise Rent-A-Car (ERAC). Jones asserts ERAC negligently, carelessly, and recklessly entrusted and/or supplied a vehicle to an incompetent, habitually reckless, and otherwise unfit driver. Alternatively, Jones maintains ERAC is the alter ego of i... More...   $0 (05-18-2009 - SC)

Gladys Kelly v. Logan, Jolley, & Smith, L.L.P., James D. Jolley, Jr., Luther McDaniel, and David Sumner

This legal malpractice matter comes before this Court after the circuit court granted summary judgment in favor of the law firm of Logan, Jolley, & Smith, LLP, James Jolley, Jr., and David Sumner (collectively Respondents) based on the expiration of the statute of limitations. On appeal, Gladys Kelly (Kelly) argues that she timely discovered her cause of action for legal malpractice less than thr... More...   $0 (05-18-2009 - SC)

City of Hartsville v. South Carolina Municipal Insurance & Risk Financing Fund

In this declaratory judgment action, South Carolina Municipal Insurance and Risk Financing Fund (Insurer) appeals the circuit court’s order finding the Insurer had a continuing duty to defend the City of Hartsville (City) and ordering it to pay the City the costs it incurred from having to defend against a suit brought by a Hartsville landowner. Pursuant to Rule 204(b), SCACR, this Court certif... More...   $0 (05-18-2009 - SC)

Glen Hindaugh v. Washita County Board of County Commissioners, et al.

Glen Hindbaugh appeals from the district court’s grant of summary judgment to all defendants in his civil rights suit. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

Mr. Hindbaugh was present in a house searched by defendants Daniel, Damron, Bales, and Reeve without a warrant in November 2004. When officers first entered the house, Mr. Hindbaugh and his girlfriend ... More...
   $0 (05-18-2009 - OK)

Abbott Laboratories, et al. v. Sandoz, Inc., et al.

In this case, the same patent, U.S. Patent No. 4,935,507 (the ’507 patent), occasions litigation in both the United States District Court for the Eastern District of Virginia and the United States District Court for the Northern District of Illinois. The Virginia District Court granted the motion of Lupin Ltd. and Lupin Pharmaceuticals Inc. (collectively Lupin) for summary judgment of noninfring... More...   $0 (05-18-2009 - VA)

John Ashcroft, et al. v. Javaid Iqbal, et al.

Respondent Javaid Iqbal is a citizen of Pakistan and aMuslim. In the wake of the September 11, 2001, terroristattacks he was arrested in the United States on criminal charges and detained by federal officials. Respondentclaims he was deprived of various constitutional protections while in federal custody. To redress the allegeddeprivations, respondent filed a complaint against numerous federal off... More...   $0 (05-18-2009 - NY)

Robert T. Baird Jr. v. Dr. Kenneth J. Morrissey

Robert T. Baird Jr. sued Dr. Kenneth J. Morrissey on a medical negligence (medical malpractice) theory claiming that Dr. Morrissey's care of him fell below the standard of care and harmed him. Baird worked as a truck driverfrom 1981 until he began experiencing extreme pain in his right arm in 1999. He went to Morrissey, who operated to improve his movement and in the process removed a benign tumor... More...   $4000000 (05-16-2009 - RI)

Yolanda Pierson v. Advanced Dermatology, et al.

The family and estate of Adrian Lapka sued Advanced Dermatology, Dr. John Adams, James Hicks, and Dr. James Fitzpatrick on medical negligence (medical malpractice) theories claiming that he received substandard care from defendants and, as a direct result, she died from skin cancer.

The defenses asserted by defendants are not available.... More...
   $7500 (05-16-2009 - NY)

Michael Botelho v. Caster's Inc. d/b/a Caster's Bicycles and Fitness

This is an appeal arising from a civil suit sounding in negligence that was tried to a jury in the Superior Court for Kent County. After a full trial, instruction by the trial justice, and deliberations, the jury returned a verdict of no negligence on the part of the defendant, Caster’s Inc. Michael Botelho (plaintiff) appeals from the Superior Court’s denial of (1) his motion for judgment as ... More...   $0 (05-15-2009 - RI)

Sallye Orcutt v. Hillcrest Medical Center and George S. Jr., M.D.

Sallye Orcutt sued Hillcrest Medical Center and George S. Jr., M.D. on medical negligence theories. The claims made and defenses asserted are not available at this time.... More...   $0 (05-15-2009 - OK)

Lisa Garner v. Robert Grant

This case arises out of the accidental death of 11-month-old Karlie Garner, who, when left briefly unattended, crawled out of her house through a sliding-glass door left open by her mother and drowned in the backyard swimming pool. Her mother, Lisa Garner, was subsequently prosecuted for involuntary manslaughter and second-degree child abuse. She was acquitted by a jury.

Garner alleges that... More...
   $0 (05-15-2009 - mi)

Ayesha Wiley v. Oberlin Police Department, et al.

Plaintiff Ayesha Wiley, pro se, appeals the district court’s decision granting summary judgment to the Defendants – Sandra Houghland, the City of Oberlin, various City police officers, and the City prosecutor – because Wiley did not demonstrate an actionable violation of her constitutional rights. She argues that the district court erred in granting the motion because it made incorrect findi... More...   $0 (05-15-2009 - OH)

Kelli Powell v. Northern Arkansas College

Plaintiff was an 8-year employee who had been employed under a series of one-year contracts. Plaintiff's contract was not renewed after she returned from FMLA leave taken to care for her son who had been injured in the Iraq War. ... More...   $94873 (05-15-2009 - AR)

Ed Stroda v. Joice Holdings

This case requires us to determine the extent of an easement that the parties agree had been created by implication. The trial court held that the easement could be used for access across the servient tenement to a future residence on the dominant tenement and for utilities to that residence. The owner of the servient tenement appeals both rulings. We affirm.

FACTS

In 1952, Lawrence ... More...
   $0 (05-15-2009 - KS)

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