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David Marsico v. Sears Holding Corporation

Plaintiff David Marsico appeals the district court’s grant of summary judgment in favor of Defendant Sears Holding Corporation, formerly known as Kmart Holding Corporation, on his claims of discrimination, in violation of the Age Discrimination Employment Act, 29 U.S.C. §§ 622 et seq., and the Michigan Elliott-Larsen Civil Rights Act, M.C.L. §§ 37.2101 et seq. For the reasons that follow, we... More...   $0 (03-25-2010 - MI)

William Nagler v. Dr. Jay Garcia

Plaintiff William Nagler, M.D., sued defendants Dr. Jay Garcia and Dr. Jay Garcia, M.D., P.C., for trademark infringement and a number of state-law claims, all arising out of an aborted business relationship. Nagler makes a raft of arguments in opposition to the district court’s grant of summary judgment in favor of Garcia on all of the claims. We affirm.


Nagler is a doctor with... More...
   $0 (03-25-2010 - MI)

Eric Clark v. George Garrick

It was a carbon monoxide poisoning

The defendant was the plaintiff's landlord. During the 2007 ice storm, the
defendant obtained a gas powered generator, placed it in the garage below
plaintiff's garage apartment, and ran it for several hours. Plaintiff
claimed carbon monoxide poisoning due to negligence.

Plaintiff claimed that the carbon monoxide poisonin... More...
   $0 (03-25-2010 - OK)

Miriam Gonzalez v. New Jersey Property Liability Insurance Guaranty Association

In this appeal, we consider the validity of the National

Arbitration Forum's (NAF) Rule 4.1 The rule requires a person

injured in an automobile accident to demonstrate "immediate and

irreparable loss or damage" when seeking emergent medical

services disputed by a personal injury protection (PIP) insurer.

Plaintiff ... More...
   $0 (03-25-2010 - NJ)

Robert L. Fronk v. John P. Fowler

This is a consolidated appeal from the separate orders of a single justice of the Appeals Court and of a full panel of the Appeals Court concerning the award of attorney's fees and litigation costs to the defendants. After a jury-waived trial, a Superior Court judge granted the defendants' motion for fees and costs under G.L. c. 231, § 6F, finding that "substantially all, if not all, of the plain... More...   $0 (03-25-2010 - MA)

Wahlcometroflex, Inc. v. Alexander G. Baldwin

[¶1] Alexander G. Baldwin, former president and director of WahlcoMetroflex, Inc., appeals from a judgment entered in favor of the company in the Superior Court (Androscoggin County, Wheeler, J.) following a jury trial. Baldwin argues that the court erred in instructing the jury on the fiduciary duty of care and, on the nonjury count, erred in finding that he had been unjustly enriched. Because w... More...   $0 (03-25-2010 - ME)

Amanda Cossaboon v. Maine Medical Center

Plaintiff Amanda Cossaboon, individually and as mother and next friend of E.C., appeals from the district court's dismissal of her medical malpractice action against defendant Maine Medical Center (MMC) for lack of personal jurisdiction. Cossaboon contends that MMC purposefully established sufficient contacts with New Hampshire to permit the exercise of general personal jurisdiction in New Hampshi... More...   $0 (03-25-2010 - NH)

City of Pharr v. Marie Esther Aguillon

In this accelerated interlocutory appeal, appellant, the City of Pharr (the "City"), challenges the trial court's denial of its plea to the jurisdiction in favor of appellee, Marie Esther Aguillon a/k/a Maria Esther Aguillon. By one issue, the City argues that the trial court lacked subject-matter jurisdiction over Aguillon's claims because she did not meet the statutory requirements of the Texas... More...   $0 (03-25-2010 - TX)

M7 Capital LLC v. Theodore B. Miller, Jr. a/k/a Ted B. Miller, Jr.

This is an appeal of a summary judgment granted in the defendant’s favor on the claimed breach of an option contract. On appeal, the plaintiff argues that (a) the absence of a signed writing setting forth the agreement’s terms does not bar enforcement of an option contract to purchase an interest in a limited partnership, and (b) there is evidence raising a genuine issue of material fact on e... More...   $0 (03-25-2010 - TX)

Tin, Inc. v. Action Box Co.

Both parties to this appeal contest the trial court's judgment in this case. Appellant, TIN Inc. d/b/a Temple Inland, formerly Gaylord Container Corporation ("Gaylord"), contests the trial court's entry of judgment notwithstanding the verdict ("JNOV"). In four issues, Gaylord contends the trial court erred by entering JNOV in favor of Action Box, Inc. ("Action Box") because (1) there is more than ... More...   $0 (03-25-2010 - TX)

Robin Cohen v. R.J. Reynolds and Philip Morris

Robin Cohen, the widow of Nathan Cohen, sued R.J. Reynolds and Philip Morris on a products liability theory for the wrongful death of her husband at age 68. Nathan Cohen was a long time smoker who died in 1994 from smoking related illness.

Defendants denied fault and claimed that Cohen knew of the risks and could have quit at any time.
... More...
   $26600000 (03-25-2010 - )

Laboratory Corp. of America Holdings v. Metabloite Laboratories, Inc.

Metabolite appeals from the United States District Court for the District of Colorado’s grant of summary judgment. See Lab. Corp. of Am. Holdings v. Metabolite Labs., Inc., 571 F. Supp. 2d 1199 (D. Colo. 2008). The district court granted LabCorp’s motion for summary judgment on its complaint for declaratory judgment that it did not breach a license agreement for failure to pay know-how royalti... More...   $0 (03-25-2010 - )

Patrick J. Merten v. Portland General Electric Company

This is an action for fraud. Plaintiff filed a workers' compensation claim for injuries to his shoulder and back that he sustained while working for defendant. Defendant denied the claim for both injuries but later accepted plaintiff's claim for his shoulder injury. Plaintiff then filed this action seeking economic and noneconomic damages from defendant, alleging that defendant fraudulently pro... More...   $0 (03-24-2010 - OR)

Acme Contracting, Inc. v. Toltest, Inc.

The consolidated appeals in this diversity action involve (1) a contract dispute between plaintiff-appellee Acme Contracting, Ltd. (“Acme”), a contractor, and defendants-appellants TolTest, Inc., also a contractor, and Berkley Regional Insurance Company, TolTest, Inc.’s surety (collectively “TolTest”), and (2) a challenge to the issuance of a writ of garnishment by the district court fol... More...   $0 (03-24-2010 - MI)

Catherine Kennedy Carchid v. Michelle A. Iavicoli, M.D.

We granted defendant, Cooper Health Systems (Cooper), leave to appeal two interlocutory orders in this medical malpractice case that (1) precluded Cooper from utilizing two particular physicians as causation experts, and (2) precluded one of those physicians from examining plaintiff. The two physicians never treated plaintiff but were members of the physician group that has regularly treated plain... More...   $0 (03-24-2010 - NJ)

Herbert Kilmer v. Elexco Land Services, Inc.

The case at bar concerns the proper construction of the term “royalty” as it is used in the Guaranteed Minimum Royalty Act (“GMRA”), 58 P.S. § 33, which governs, inter alia, leases between Pennsylvania landowners and gas companies seeking to drill natural gas wells into Pennsylvania’s Marcellus Shale deposits. As developed below, the GMRA requires that leases guarantee the landowner-les... More...   $0 (03-24-2010 - PA)

Jocelyn Roberts v. Delta Air Lines, Inc.

Jocelyn Roberts, a flight attendant, was injured while working on a March 6, 2005, flight from Boston to Las Vegas for Song LLC, which was owned and operated by Delta Air Lines, Inc. ("Delta"). She received a lump sum workers' compensation payment from Song and Delta's insurer, which insured both Delta and Song under the same policy. Nonetheless, Roberts sued Delta for negligence. She said that he... More...   $0 (03-24-2010 - MA)

Joyce Wagenmaker v. Amica Mutual Insurance Company

On July 3, 2006, Joyce Wagenmaker was injured when an unidentified vehicle collided with a car belonging to Vito Vitone, in which she was a passenger. Wagenmaker’s subsequent claim for benefits from defendant Amica Mutual Insurance Company, Vitone’s insurer, was denied on the ground that Vitone’s car had no uninsured motorist coverage, it having been cancelled at Vitone’s request some nin... More...   $0 (03-24-2010 - RI)

Patricia Melom v. City of Madera

Appellant contends that the City of Madera (City) violated the California Environmental Quality Act (CEQA) and the City‟s municipal code by approving a commercial retail shopping center project without preparing a subsequent or supplemental environmental impact report (EIR) for the project after the site plan for the 795,000 square feet of retail space in the project was changed so that the larg... More...   $0 (03-24-2010 - CA)

Alpha Capital Management, Inc. v. Paul Robert Rentenbach

This action against a law firm and one of its attorneys arises from events that transpired during a separation of business partners and their joint ownership interests in a company they had owned. Plaintiff Alpha Capital Management, Inc. (ACM) contended that its counsel, defendants Dykema Gossett, P.L.L.C., and Dykema attorney Paul Rentenbach, breached fiduciary duties and committed other actionab... More...   $0 (03-24-2010 - MI)

Amy Shroff v. Frank Spellman

Frank Spellman, a Denver Police Officer, has appealed from the denial of his motion for summary judgment based on his defense of qualified immunity in this civil rights action filed against him by Amy Shroff pursuant to 42 U.S.C. § 1983. Officer Spellman contends that Ms. Shroff failed to demonstrate that he violated her federal constitutional rights by arresting her without probable cause and in... More...   $0 (03-24-2010 - CO)

Guadalupe Betancourt v. Burning Hills Hotel

Guadalupe Betancourt sued Burning Hills Hotel claiming that Defendant violated the Americans With Disabilities Act (ADA), 42 U.S.C. 12101 which provides:

(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of dis... More...
   $0 (03-23-2010 - OK)

Lawrence Alba v. Lorna D. Hayden

{1} This case involves a property ownership dispute. Defendant White’s ownership interest in the property arose from a quitclaim deed from Defendant Hayden, whose ownership interest arose out of a real estate contract between Hayden and Plaintiff, which Plaintiff contended was invalid. In Plaintiff’s action against Defendants, Hayden failed to answer requests for admissions, which resulted in ... More...   $0 (03-23-2010 - NM)

Gary D. Cable v. Wells Fargo Bank of New Mexico, N.A.

{1} This case requires us to determine whether the community property trust created by a married couple granted the surviving spouse the power to amend the trust’s remainder distribution schedule after the death of the first spouse. The Court of Appeals upheld the affirmative answer to that question by the district court solely on the theory that the surviving spouse’s undisputed right to with... More...   $0 (03-23-2010 - NM)

Gary D. Cable v. Wells Fargo Bank New Mexico, N.A.

{1} This case requires us to determine whether the community property trust created by a married couple granted the surviving spouse the power to amend the trust’s remainder distribution schedule after the death of the first spouse. The Court of Appeals upheld the affirmative answer to that question by the district court solely on the theory that the surviving spouse’s undisputed right to with... More...   $0 (03-23-2010 - NM)

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