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Products Liability Law
 
Johnson John v. Saint Francis Hospital, Inc., Neurological Surgery, Inc. and Douglas Koontz, M.D. Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 The dispositive issue on appeal is whether the thrice incarnated affidavit of merit requirement found in Okla. Stat. tit. 12, § 19.1 (Supp. 2013), is unconstitutional. In the wake of Zeier v. Zimmer, 2006 OK 98, 152 P.3d 861, its sequel Wall v. Marouk, 2013 OK 36, 302 P.3d 775, and upon reexamination of the Oklahoma Constitution, the inevitable conclusion is that section 19.1 is an impermissibl... More...   $0 (10-25-2017 - OK)

SAS Institute, Inc. v. World Programming Limited Fourth Circuit Court of Appeals Courthouse

SAS Institute (SAS) and World Programming Limited (WPL) are competitors in the market for statistical analysis software. SAS alleges that WPL breached a license agreement for SAS software and violated copyrights on that software. We agree with the district court that the contractual terms at issue are unambiguous and that SAS has shown that WPL violated those terms. We thus affirm the district cou... More...   $0 (10-24-2017 - OK)

Larry Zayat v. Preferred Total Mechanical and Plumbing, Nibco, Inc. and Sutton Concrete, Inc.

Tulsa, OK - Larry Zayat sued Preferred Total Mechanical and Plumbing, Nibco, Inc. and Sutton Concrete, Inc.

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: ZAYAT, LARRY
Filed Date: 01/02/2014
Party Name Disposition Information
Defendant: Sutton Construction Inc Disposed: DISMISSED - WITH PREJUDICE, 12/22/2015. Other
Defendant: NIBCO INC D... More...
   $0 (10-24-2017 - OK)

Michael Boyle v. ASAP Energy, Inc., Fast Lane Stores, Inc. d/b/a Fast Lane 3 Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 Plaintiffs brought an action in the District Court for Custer County and claimed a convenience store negligently and recklessly sold low-point beer to a noticeably intoxicated person who injured plaintiffs in a vehicle collision several hours later. Defendant filed a motion for summary judgment which was granted by the trial court.1 We reverse the judgment of the District Court.

¶2 Two... More...
   $0 (10-24-2017 - OK)

Denise Pavlat, et al. United States of America v. Digestive & Liver Disease Consultants, P.A., et al.

Houston, TX - Former President of Harris County Medical Society and Affiliated Facilities Settle Allegations of Medicare Fraud

Dr. Gurunath Thota Reddy, Memorial Hermann Endoscopy and Surgery Center North Houston, United Surgical Partners International and Digestive & Liver Disease Consultants P.A. entered into an agreement to pay $1,575,000 to settle allegations of Medicare fraud. The cl... More...
   $1575000 (10-24-2017 - TX)

Paul Kendall v. Schripps Health

Plaintiff and appellant Paul Kendall's second amended complaint asserts several
types of class-wide claims that challenge the billing and collection practices of the health
facility operating an emergency room where he received care, defendant and respondent
Scripps Health (Scripps). As relevant here, Kendall seeks declaratory relief on contract
interpretation theories, and remedi... More...
   $0 (10-24-2017 - CA)

Amanda Sue Smith v. United States of America Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Amanda Sue Smith filed a three-count complaint against the United States under the Federal Tort Claims Act (FTCA) seeking damages arising from a soured business arrangement she entered into with an FBI confidential informant. The district court granted the United States’ motion to dismiss for failure to state a claim, finding that Smith’s claims had no basis under Georgia law and thus could not su... More...   $0 (10-23-2017 - GA)

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

Comerica Bank v. Gordon E. Runyon, James M. Facciuto,

Appellants Gordon Runyon and Donna Runyon were once married.
In July 2010 respondent Comerica Bank (Comerica) obtained a joint and several judgment
for breach of guaranty against Gordon and some other defendants. Gordon and Donna
then divorced, the other judgment debtors settled with Comerica, and postdivorce,
Comerica obtained an order to show cause why real property that was form... More...
   $0 (10-22-2017 - CA)

In Re: Fundamental Long Term Care, Inc. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This case has a complex procedural history lasting more than a decade and spanning several state and federal venues. It began when the estates of several deceased nursing-home patients (the “Estates” or “Appellants”) brought a series of wrongful-death suits against a network of nursing homes. These suits collectively resulted in $1 billion in empty-chair judgments against the network. In an effort... More...   $0 (10-21-2017 - FL)

Amal Eghnayem, et al. v. Boston Scientific Corporation Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this products liability suit, Boston Scientific Corporation (BSC) appeals from various orders and a final judgment in favor of the plaintiff, Amal Eghnayem. Eghnayem alleged substantial injuries caused by the Pinnacle Pelvic Floor Repair Kit, a transvaginal mesh prescription medical device manufactured and sold by BSC. She initially filed suit in the Southern District of West Virginia as part o... More...   $0 (10-21-2017 - FL)

Mary Lyons v. Colgate-Palmolive Company

Plaintiff Mary Lyons appeals from the summary judgment entered against her on
her product liability claim against Colgate-Palmolive Company (Colgate), based on the
allegation that she developed mesothelioma from the use of Colgate’s Cashmere Bouquet
cosmetic talcum powder. In granting the motion, the trial court failed to comply with
Code of Civil Procedure section 437c, subdivisio... More...
   $0 (10-21-2017 - CA)

Johnathan Jones v. Law Vegas Metropolitan Police Department Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We consider whether police officers are entitled to
qualified immunity when they’re alleged to have caused the
death of a suspect by using tasers repeatedly and
simultaneously for an extended period.
BACKGROUND1
In the early morning of December 11, 2010, Officer Mark
Hatten of the Las Vegas Metropolitan Police Department
pulled over Anthony Jones for a routine traffic s... More...
   $0 (10-20-2017 - NV)

United States of America v. Wade Barbay Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Baton Rouge, LA - Former Financial Manager Sentenced to Prison for Embezzling Over $1.4 Million From Employer

U.S. District Court Judge John W. deGravelles sentenced WADE BARBAY, age 55, of Baton Rouge, Louisiana, to serve twenty-nine (29) months in federal prison as a result of his scheme to defraud his employer. BARBAY was ordered to pay restitution of $1,483,503.50 to the victim and t... More...
   $1483503 (10-20-2017 - LA)

Gisselle Morales-Simental, a Minor, etc. v. Genentech, Inc.


I. INTRODUCTION
Plaintiffs and appellants Gisselle Morales-Simental, a minor, et al.1
appeal from
summary judgment granted in favor of defendant and respondent Genentech, Inc., one of
the defendants in this personal injury case. Morales-Simental alleges that she, with the
other named plaintiffs, suffered injuries and sustained damages as a result of the
negligence of d... More...
   $0 (10-20-2017 - CA)

James Curtis Dickerson v. Abril Ramos Ngu and Kathryn Cloyde

Tulsa, OK - James Curtis Dickerson v. Abril Ramos Ngu and Kathryn Cloyde

Issue # 1. Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed By: DICKERSON, JAMES CURTIS
Filed Date: 06/29/2015
Party Name Disposition Information
Defendant: CLOYDE, KATHRYN Disposed: DISMISSED - SETTLED, 09/27/2017. Dismissed- Settled
Defendant: NGU, ABRIL RAMOS Disposed: DISMISSED - SETTLED, 09/... More...
   $1 (10-18-2017 - OK)

George Melendez v. San Francisco Baseball Associates, LLC

Defendant San Francisco Baseball Associates LLC (the Giants)1
appeals from the
denial of its motion to compel arbitration of the wage and hour claims of plaintiff George
Melendez.2
Plaintiff, a security guard employed by the Giants at AT&T Park, contends
that he and other security guards were employed “intermittingly” for specific job
assignments (baseball games or other ev... More...
   $0 (10-18-2017 - CA)

David Ganek v. David Leibowitz, et al. Second Circuit Court of Appeals - New York, New York

In this Bivens action, plaintiff David Ganek, a co‐founding
partner of investment fund Level Global Investors (“LG”), sues the
named agents of the Federal Bureau of Investigation (“FBI”) and
federal prosecutors in the United States Attorney’s Office for the
Southern District of New York (“SDNY”) for alleged violations of
his Fourth and Fifth Amendment rights in procuring ... More...
   $0 (10-17-2017 - NY)

David Ganek v. David Leibowitz, et al. Second Circuit Court of Appeals - New York, New York

In this Bivens action, plaintiff David Ganek, a co‐founding
partner of investment fund Level Global Investors (“LG”), sues the
named agents of the Federal Bureau of Investigation (“FBI”) and
federal prosecutors in the United States Attorney’s Office for the
Southern District of New York (“SDNY”) for alleged violations of
his Fourth and Fifth Amendment rights in procuring ... More...
   $0 (10-17-2017 - NY)

Coletta Kim Benell v. The National Labor Relations Board and Babcock & Wilcox Construction Co., Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The central issue on appeal is whether the National
Labor Relations Board (the “NLRB” or “Board”) properly
determined that a new standard for deferring to arbitral
decisions, which was developed by the Board in the
underlying case, should only be applied prospectively. As a
result of the prospective application of the new standard,
Petitioner Coletta Kim Beneli’s unfair lab... More...
   $0 (10-17-2017 - CA)

Jimmy Duane Weed v. Corporal T.R. Jenkins; Colonel Ronald K. Replogle; Colnel Sandra K. Karsten Eighth Circuit Courthouse - St. Louis, Missouri

Jimmy Duane Weed participated in a highway overpass protest. Due to traffic
safety concerns, state troopers told the protesters to disperse. Weed did not comply.
1The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska, sitting by designation.
He was arrested. Weed sued, alleging that his arrest violated the First and Fourth
Amendments and that ... More...
   $0 (10-17-2017 - MO)

Darrell Frederick v. Vince Motsinger Eighth Circuit Courthouse - St. Louis, Missouri

Police officers called to a convenience store in Rogers, Arkansas, confronted
Fallon Frederick, holding a four-inch folding knife and erratically pacing back and
forth in a corner near two restrooms. Frederick refused to comply with Sergeant Scott
Clifton’s repeated commands to drop the knife. Officer Nick Torkelson discharged
his taser but Frederick blocked one probe with her purs... More...
   $0 (10-17-2017 - AR)

Theresa Riffey v. Bruce V. Rauner Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Class and collective actions are de-signed to provide an efficient vehicle to resolve the claims of a large number of plaintiffs in one fell swoop. They can offer benefits to both sides in a case: plaintiffs are able to aggregate resources in order to litigate small claims, and defendants can achieve a global resolution of the dispute. But class actions are
2 No. 16-3487
not always the bes... More...
   $0 (10-17-2017 - IL)

Maria J. Morales v. Sony Fry and Brian Rees Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The primary issue in this appeal is whether the “clearly
established” prong of the qualified immunity analysis should
be submitted to a jury. Following the lead of nearly all of
our sister circuits, we conclude that it is a question of law
that must ultimately be decided by a judge.
Background
This case arises from Maria Morales’s arrest during the
May 1, 2012 “May Day”... More...
   $0 (10-16-2017 - WA)

Maxine Stewart as Personal Representative, etc. v. The Superior Court of San Bernardino County, St Joseph's Health, Real Party in Interest

The petition in this case challenges a trial court order summarily adjudicating a
cause of action under the Elder Abuse and Dependent Adult Civil Protection Act (the
Act), a cause of action for fraud by concealment, and another for medical battery, while
allowing other claims, including one for medical negligence, to proceed to trial. Stewart
is the representative of Anthony Carter... More...
   $0 (10-16-2017 - CA)

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