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Punitive Damages Law
 
Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC District of West Virginia Federal Courthouse - Huntington, West Virginia

Carlton & Harris Chiropractic, Inc. appeals from the district court’s dismissal of its claim against PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10 (collectively, “PDR Network”) for sending an unsolicited advertisement by fax in violation of the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Carlton & Harris argues that the district court erred in de... More...   $0 (02-24-2018 - WV)

Ralph Hanvey v. Peter Romero District of Maryland Federal Courthouse - Baltimore, Maryland

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...   $0 (02-24-2018 - MD)

Loretta T. Elliott v. American States Insurance Company Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

Loretta Elliott filed this claim against her insurance company, American States Insurance Company (“ASIC”), alleging that its conduct in handling her insurance claim constitutes an unfair claims settlement practice in violation of N.C. Gen. Stat. § 58-63-15(11), and, as a matter of law, an unfair and deceptive trade practice in violation of N.C. Gen. Stat. § 75-1.1. On appeal, Elliott asserts that... More...   $0 (02-24-2018 - NC)

Delane Hurley v. California Department of Parks and Recreation

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts I, III, and V through VII.

Plaintiff Delane Hurley appeals a judgment in her action against defendants
California Department of Parks and Recreation (DPR) and Leda Seals (together
Defendants) that alleged, inter alia, causes of action for sexual orientation... More...
   $0 (02-22-2018 - CA)

Area 51 Productions, Inc. v. City of Alameda

Area 51 Productions, Inc. (Area 51), an event planning company, had a longstanding
relationship with the City of Alameda (the City) to license the use of certain
City property to Area 51 for events Area 51 helped plan and promote with third-party
companies. The City relied on PM Realty Group, L.P. (PM) to assist it with managing
these license arrangements. Due to various problems a... More...
   $0 (02-21-2018 - CA)

State of Iowa v. Christopher Scott Jepsen Crawford County Courthouse - Denison, Iowa

A criminal defendant was convicted of two counts of sexual abuse in the third degree. Although one count constituted a forcible felony, the district court suspended the defendant’s prison sentence and instead ordered a five-year term of probation. After the defendant served four years, four months, and four days of probation, the district court vacated the suspended sentence for illegality and res... More...   $0 (02-20-2018 - )

Luis Gonzales v. John R. Mathis

Luis Gonzalez, a professional window washer, filed a
premises liability action against John Mathis. Mathis moved for
summary judgment, arguing that Gonzalez’s status as an
independent contractor precluded his claims. The trial court
granted the motion. We reverse, concluding there are triable
issues of fact whether Mathis can be held liable for Gonzalez’s
injuries.
FACT... More...
   $0 (02-20-2018 - CA)

Sue Jin Yi And Ronald Cox V. The Kroger Co. Washington Court of Appeals, Division 1 - Tacoma, Washington

Ronald Cox, a former Quality Food Centers Inc. (QFC)
employee, filed this class action challenging QFC's policy of rounding hourly
employees' clocked-in time to the nearest quarter hour. Specifically, he contends
QFC intentionally manipulated the application of this policy to result in
underpayment of wages.
QFC appeals the trial court's denial of the motion to compel arbitrati... More...
   $0 (02-19-2018 - WA)

Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al. Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...
   $0 (02-19-2018 - CA)

Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...
   $0 (02-19-2018 - CA)

Amie Wieland v. Owner-Operator Services, Inc. Jackson County Courthouse - Kansas City, Missouri

Owner-Operator Services Inc. appeals the circuit court’s judgment in favor of Amie
Wieland for her claim of negligence alleging her employer, Owner-Operator, breached its
duty to protect her from the criminal act of a third person on its premises. Owner-Operator
argues the circuit court erred in submitting a verdict director to the jury that was not
supported by substantial evidenc... More...
   $0 (02-18-2018 - MO)

Qwinstar Corporation v. Curtis Anthony District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Qwinstar Corporation and Pro Logistics, LLC, engaged in negotiations that
culminated with Qwinstar agreeing to purchase Pro Logistics and employ its
owner—Curtis Anthony2—for a term of five years. A few months after the sale,
Qwinstar terminated Anthony’s employment and filed this lawsuit against him,
alleging that it did not receive the inventory it bargained for in the sale. Anth... More...
   $0 (02-18-2018 - MN)

Mike Hernandez, Francesca Muller v. Restoration Hardware, Inc.

Under Code of Civil Procedure1 section 902, “[a]ny party aggrieved” may
appeal a judgment. “It is generally held, however, that only parties of record may
appeal; consequently one who is denied the right to intervene in an action
ordinarily may not appeal from a judgment subsequently entered in the case.
[Citations.] Instead, he may appeal from the order denying intervention.” (Cou... More...
   $0 (02-18-2018 - )

Dariusz Jaworski, Boguslaw Moskal and Ryszard Bester v. Master Hand Contractors, Inc., et al. Northern District of Illinois Courthouse - Chicago, Illinois

Dariusz Jaworski, Boguslaw Moskal, and Ryszard Bester were never paid for construction services they performed for Master Hand Contractors, Inc. They filed this lawsuit to force Master Hand to pay up. The district court sided with the plaintiffs through two partial summary
2 No. 16-3601
judgments and a bench trial. Liability in the neighborhood of
$340,000 now hangs over Master Hand’s ... More...
   $0 (02-17-2018 - IL)

United States of America v. Mark Cowden Northern District of West Virginia Federal Courthouse - Wheeling, West Virginia

Mark Cowden, a former lieutenant with the Hancock County Sheriff’s Office (HCSO) in West Virginia, was charged with deprivation of rights under color of law, in violation of 18 U.S.C. § 242, and knowingly making a false statement to impede a federal investigation, in violation of 18 U.S.C. § 1519. In a jury trial, the evidence showed that in the course of his police duties, Cowden assaulted Ryan H... More...   $0 (02-16-2018 - WV)

John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re... More...
   $0 (02-16-2018 - OH)

Blackstock Federal Constructors, LLC v. Ultimate Group, LLP Bowie County Courthouse - Texarkana, Texas

In Bowie County, Texas, Ultimate Group, LLP, filed suit against Blackstock Federal Constructors, LLC, for breach of contract, quantum meruit, and unjust enrichment seeking monies allegedly owed for work performed in connection with “the Tex Americas Center project” in New Boston, Texas. Blackstock entered a general and verified denial. The trial court granted Ultimate’s motion for summary judgment... More...   $0 (02-15-2018 - TX)

Texas Department of Transportation v. Brian Milton Dallas County Courthouse - Dallas, Texas

In this premises liability case, the Texas Department of Transportation (TxDOT) appeals a judgment on a jury verdict in favor of Brian Milton. In two issues, TxDOT contends the evidence is legally insufficient to prove it had actual knowledge of the dangerous condition and to prove it failed to adequately warn Milton. We affirm the trial court’s judgment.
On September 21, 2012, Milton was inju... More...
   $0 (02-15-2018 - TX)

Charles Borkert, Penelope Sturm-Borkert and Alamo Turf Farms, Inc. v. Wieslawa Tworek Bexar County Courthouse - San Antonio, Texas

In this breach of contract suit, the jury found that Appellants Charles Borkert, Penelope Sturm-Borkert, and Alamo Turf Farms, Inc. (the Borkerts) breached the Agreement with Appellee Wieslawa Tworek. The jury awarded Tworek damages for breach of the Agreement, damages for promissory estoppel, and attorney’s fees. The trial court rendered judgment on the verdict and the Borkerts appeal. Because th... More...   $0 (02-15-2018 - TX)

Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc. Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary
2
judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... More...
   $0 (02-15-2018 - TX)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... More...   $0 (02-15-2018 - TX)

Jon R. Deutsch v. Annis Enterprises, Inc. Western District of Texas Federal Courthouse - Austin, Texas

This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. Feb. 2, 2018) (per curiam) (unpublished). Here, as there, Jon Deutsch appeals the dismissal, for want of Article III standing, of his claims under the Americans with Disabilities Act (“ADA”). And here, as there, Deutsch appeals (1) the contempt order of the magistrate judge (... More...   $0 (02-15-2018 - TX)

Cathryn Stout v. Staff Sergeant Brad Vincent Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

We decide whether the district court erred when granting summary judgment in favor of a police officer on the racial profiling claims of a black couple. The district court found that the couple failed to raise any genuine issue
of material fact showing that the officer violated their equal protection rights
under the Fourteenth Amendment. We affirm.
Facts and Proceedings
Cathryn Sc... More...
   $0 (02-15-2018 - MS)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

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