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Mary Washington v. Progress Energy

A Darlington County jury returned a verdict of $9 million on Saturday after finding Progress Energy responsible in the wrongful death of 21-year-old Allen Toney. The jury awarded Mary Washington, the victim’s mother, $3.5 million in actual damages and $5.5 million in punitive damages. This verdict represents the largest award in Darlington County history, according to Theresa Timmons of the Da... More...   $9000000 (06-13-2009 - SC)

Agnes Carvalho v. Estate of Donald L. Carvalho

This case requires us to decide whether and in what circumstances a person who has disclaimed an interest in property under the Uniform Disclaimer of Property Interests Act, codified at 14 V.S.A. §§ 1951-1959, may revoke that disclaimer. Agnes Carvalho appeals the superior court’s summary judgment order precluding her from revoking a disclaimer of her interest in her son’s estate. Ms. Car... More...   $0 (06-12-2009 - VT)

The State of Oklahoma, ex rel. Department of Transportation v. Siegrist Farms, LLC

The State of Oklahoma, ex rel. Department of Transportation sued Siegrist Farms, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests owned by Defendant in Canadian county real property for a public use.

The commissioners appointed by the court returned an award of $24,500.00 which was deposited with the clerk of the court.

Both... More...
   $17628 (06-12-2009 - OK)

Danny D. Lile v. Don Smith and Shirley Smith

Don Smith and wife, Shirley Smith, brought suit against Danny Lile and wife, Paulette Lile, under the Declaratory Judgments Act (Chapter 37 of the Texas Civil Practice and Remedies Code), asking for a declaration that the Smiths were the owners of certain lands; at the conclusion of the trial before the court, a judgment was entered declaring that the legal and equitable title of the disputed lan... More...   $0 (06-12-2009 - TX)

Mayo Foundation v. United States

“Residents” participating in accredited graduate medical education programs receive substantial payments (called stipends) from the Mayo Foundation for Medical Education and Research (“Mayo”) and the University of Minnesota (the “University”) for medical and patient care services provided by the residents at affiliated and unaffiliated hospitals and clinics. The difficult issue in thes... More...   $0 (06-12-2009 - MN)

Herbert B. Pretus, Jr. v. Diamond Offshore Drilling, Inc., et al.

On September 6, 2006, Plaintiff Herbert B. Pretus, Jr. (“Pretus”) sued his employer, Diamond Offshore Drilling Inc., and related entities (collectively, “Diamond”), after being diagnosed in early 2005 with a lung disorder allegedly arising out of his employment on the OCEAN CONFIDENCE and other movable ocean rigs owned by Diamond. Diamond filed a motion for partial summary judgment in whic... More...   $0 (06-12-2009 - TX)

Michael Rhanor v. Michigan Paving & Materials and an affiliated company, Woodland Paving,

Michael Rhanor sued Michigan Paving & Materials and an affiliated company, Woodland Paving on a negligence theory seeking to recover compensation for the brain and spinal injuries he sustained when he fell from atop a steaming load of asphalt in 2004. Plaintiff claimed that he nearly died from the injuries that he sustained and as a result of being injured suffered significant and permanent physi... More...   $5600000 (06-12-2009 - MI)

Vivian Steve v. Rosauers Supermarkets

Vivian Steve, age 11, sued Rosauers Supermarkets on defamation and other theories claiming that she was wrongfully accused of being a prostitute by a grocery store security guard employed by Defendant in 2006. Vivian's parents claimed that she was treated wrongfully because she is a gypsy. The sought $1 million in compensatory damages from the store.

Defendant claimed that Vivian was co... More...
   $0 (06-12-2009 - WA)

Salmon Jaser v. Brien McMahon

Salmon Jaser sued Milford, Connecticut police officer Brien McMahon on a civil rights violation theory under 42 U.S.C. 1983 claiming the officer used excessive force when he was arrested in 2006 for a traffic violation. Jaser accused McMahon of pulling him over without a reason, then handcuffing him, kicking him in the knee and pushing him to the ground.

Defendant claimed that Jaser wa... More...
   $0 (06-12-2009 - CT)

American Progressive Life & Health Ins. Co. of New York v. Better Benefits, LLC

This appeal arises out of an action originally brought by the named plaintiff, American Progressive Life and Health Insurance Company of New York,1 against the defendants, Better Benefits, LLC (Better Benefits), an independent insurance company, and three of Better Benefits’ independent insurance agent/ owners, Michael Klein, Marc Sullivan and William Barry. After the defendants filed a five cou... More...   $0 (06-12-2009 - CT)

James W. Wasniewski v. Quick and Reilly, Inc.

The defendant, Quick and Reilly, Inc., appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the plaintiff, James W. Wasniewski. The plaintiff initiated this breach of contract action to recover funds that his father had deposited without the plaintiff’s knowledge in an account bearing the plaintiff’s name at the defendant brokerage firm. The ce... More...   $0 (06-12-2009 - CT)

Joseph Soracco et al. v. Williams Scotsman, Inc., et al.

This is an appeal by the intervening plaintiff, Manafort Brothers, Inc. (Manafort), from the trial court’s order regarding the allocation of proceeds of a settlement reached in the underlying negligence action brought by the plaintiffs, Joseph Soracco and his spouse, Cheryl Soracco,1 against the named defendant, Williams Scotsman, Inc., and the defendant E&F/Walsh Building Company, LLC.2 On appe... More...   $0 (06-12-2009 - CT)

Gordon Todd Skinner v. State of Oklahoma

¶1 Gordon Todd Skinner was charged and convicted of Conspiracy to Commit Kidnapping AFCF, under 21 O.S.2001, § 421 (Count I); Kidnapping AFCF, under 21 O.S.2001, § 741 (Count II); and Assault and Battery with a Dangerous Weapon AFCF, under 21 O.S.2001, § 645 (Count III), in the District Court of Tulsa County, Case No. CF-2003-4213. 1 In accord with the jury’s recommendation, the Honorable ... More...   $0 (06-11-2009 - OK)

Gordon Todd Skinner v. State of Oklahoma

¶1 Gordon Todd Skinner was charged and convicted of Conspiracy to Commit Kidnapping AFCF, under 21 O.S.2001, § 421 (Count I); Kidnapping AFCF, under 21 O.S.2001, § 741 (Count II); and Assault and Battery with a Dangerous Weapon AFCF, under 21 O.S.2001, § 645 (Count III), in the District Court of Tulsa County, Case No. CF-2003-4213. 1 In accord with the jury’s recommendation, the Honorable ... More...   $0 (06-11-2009 - OK)

Edgar Sellers v. James May, M.D.

Medical malpractice case. The claims made and defenses asserted are not available.... More...   $0 (06-11-2009 - OK)

Joseph Melfi v. WMC Mortgage Corporation

In April 2006, Joseph Melfi refinanced his home mortgage with WMC Mortgage Corporation ("WMC"). At the closing, Melfi received from WMC a notice of his right to rescind the transaction. The notice is required for such a transaction by the Truth in Lending Act ("TILA"), 15 U.S.C. § 1635(a) (2006). Assuming that the notice complies with TILA, a borrower is given three "business days" to rescind the... More...   $0 (06-11-2009 - RI)

State of Oklahoma v. Twenty-Eight Thousand Six Hundred Eighteen Dollars, etc.

¶1 Arturo Ruiz and Regina Primeaux appeal from the district court's "Order Finding State Met Due Process Requirements For Notice, To Not Consider Potential Claimant's Jose Arturo Ruiz And Regina Primeaux Answer Because Filed Out Of Time, And Reinstating The Final Agreed Order Forfeiting In Part And Remitting In Part" entered in a civil forfeiture proceeding.1 Based on our review of the record on ... More...   $0 (06-11-2009 - OK)

George Guzzardo v. Amway Corporation

This matter is before the court on Amway Corporation’s appeal from the district court’s purported refusal to grant Amway’s motion under section 3 of the Federal Arbitration Act (FAA), 9 U.S.C. § 3, to stay judicial proceedings instituted by the Guzzardo plaintiffs.1 The district court certified Amway’s appeal as frivolous, explaining:

The Amway Defendants’ notice of appeal—file... More...
   $0 (06-11-2009 - UT)

Garry Jenkins v. State and County Mutual Fire Insurance Company

This is a suit by a judgment creditor to collect a default judgment under an automobile liability policy. It is undisputed that the additional insured against whom the default judgment was rendered failed to notify the insurer of the lawsuit filed against him. It is further undisputed that the insurer had actual knowledge of the suit. The question is whether the insurer is liable for the defaul... More...   $0 (06-11-2009 - TX)

Melissa Kohout v. City of Fort Worth, Texas, David Lunsford and Tom Edwards

Melissa Kohout appeals from the trial court=s grant of the plea to the jurisdiction filed by the City of Fort Worth, Texas (Athe City@), David Lunsford (the City=s gas well inspector), and Tom Edwards (the City=s senior gas drilling inspector) on her claims that she was denied due process, equal protection, and the right to petition her government. In one issue, Kohout argues that she has standin... More...   $0 (06-11-2009 - TX)

Peter Marc Stern v. Andrew Lavoott Bluestone

During the roughly 16-month period from November 25, 2003 through March 29, 2005, plaintiff Peter Marc Stern, a solo practitioner, received 14 unasked-for facsimile messages (faxes) from defendant Andrew Lavoott Bluestone, a solo practitioner who specializes in bringing attorney malpractice actions. Each fax was entitled "Attorney Malpractice Report," and included Bluestone's contact information a... More...   $0 (06-11-2009 - NY)

Bloomingdales, Inc. v. The New York City Transit Authority

In September 1999, third-party defendant Janus Industries, Inc., as part of a project undertaken by defendant New York City Transit Authority, began excavation work between 59th Street and 60th street on the west side of Third Avenue in Manhattan. In the course of the work, Janus cut a working drainpipe that ran down from plaintiff Bloomingdales, Inc.'s roof, believing it to be a "dead" water main... More...   $0 (06-11-2009 - NY)

Philip Morris USA, Inc. v. King Mountain Tobacco Company, Inc., et al.

This case is yet another of the difficult Indian jurisdiction cases considered by this court. The precise question presented is whether there is colorable tribal court jurisdiction over a nonmember’s federal trademark and related state law claims against tribal defendants for alleged passing off of cigarettes on the Internet, on the reservation of another tribe, and elsewhere.

Philip Morr... More...
   $0 (06-11-2009 - WA)

Darrell Simpson v. Empire Truck Lines, Inc.

Darrell Simpson appeals the district court’s decision that he did not have a claim against Empire Truck Lines, Inc., pursuant to the Texas Workers Compensation Act (“TWCA”). Finding no error, we affirm.

I. BACKGROUND

Empire hired Rodgers Trucking to transport goods pursuant to its contract with United Parcel Service. Rodgers Trucking supplied the tractor-trailer and two drivers... More...
   $0 (06-11-2009 - TX)

Tropical Glass & Construction Co. v. Mark Gitlin, CPA and Ocariz, Fitlin & Zomerfeld, LLP

Tropical Glass & Construction Co. (“Tropical”) appeals from the entry of a final summary judgment entered in favor of the defendants, Mark Gitlin, (“Gitlin”), and Ocariz, Gitlin, & Zomerfeld, LLP, (“OGZ”) (collectively “Defendants”). Because we find that a genuine issue of material fact exists as to whether Defendants negligently performed monthly bank reconciliations, we reverse t... More...   $0 (06-11-2009 - FL)

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