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John C. Rezner v. Bayerische Hypo-Und Vereinsbank AG

John C. Rezner filed this action against Bayerische Hypo- Und Vereinsbank AG d/b/a HVB Group and HVB Structured Finance, Inc. (collectively “HVB”) for violation of the Racketeer Influenced and Corrupt Organizations Act of 1970 (“RICO”), codified at 18 U.S.C. §§ 1961 et seq., and the Unfair Business Practices Act of California (“UCL”), codified at Cal. Bus. & Prof. Code §§ 17200 et ... More...   $0 (12-28-2010 - CA)

Kelly J. Lenners v. St. Paul Fire and Maine Insurance Company

The district court held that the appellant’s action for underinsured motorist benefits under the insurance policy covering her vehicle was barred by the statute of limitations. The instant appeal turns upon whether the appellant made a “proper” presentation of her claim in the other driver’s estate. Because we conclude that the claim filed with the probate court was the equivalent, for pur... More...   $0 (12-28-2010 - NE)

Maxine Veatch v. Bartels Lutheran Home

Maxine Gail Veatch was arrested and detained by Sergeant Jason Leonard of the City of Waverly, Iowa, Police Department for assaulting her mother, Agnes Bell. The alleged assault occurred at Woodland Terrace, a skilled care residential facility where Bell resided. Veatch and her sister, Chris Price, brought this action under 42 U.S.C. § 1983 and various state-law theories against Leonard, the City... More...   $0 (12-28-2010 - IA)

Saundra Kay (Pace) Mason v. James E. Mason

Plaintiff/Appellant Saundra Kaye (Pace) Mason (“Wife”) and Defendant/Appellee James E. Mason (“Husband”) were married in 1991. At the time the parties married, Wife had two small children from a prior relationship. After the parties married, they had one child, who was a minor at all pertinent times during the proceedings below.

Both Husband and Wife have a high school education and... More...
   $0 (12-28-2010 - TN)

Robert Joe Lee v. Charles E. Ridenour

Plaintiff, who was born and raised in the Madisonville area of Tennessee, is retired and now lives in Florida. In 1997, prior to his retirement, Plaintiff and his son started a business which they incorporated as Lee Family Homes, Inc. Plaintiff was a vice president of Lee Family Homes, Inc. until February of 2001. Plaintiff has not been involved in the day-to-day operations of Lee Family Homes, I... More...   $0 (12-28-2010 - TN)

Patricia Mills v. John B. Booth, II

On November 10, 2009, Patricia Mills (“Plaintiff”), individually and on her deceased mother’s behalf, filed a wrongful death lawsuit against Booth and James Turlington (“Turlington”). Plaintiff is the daughter of Altha Turlington (the “Decedent”) who was killed in the automobile accident that occurred on November 8, 2008. The Decedent was a passenger in a vehicle being driven by Turl... More...   $0 (12-28-2010 - TN)

Mitchell Dwayne Gentry v. Jerica Renae Gentry

Plaintiff, (“father”), brought this action on January 2, 2009, against defendant (“mother”) alleging that she had been guilty of inappropriate marital conduct. The Complaint alleged that the parties had two children, d.o.b. 10/01/03, and d.o.b. 2/01/07, and the father sought designation as the primary residential parent, along with child support, alimony, and equitable distribution of the ... More...   $0 (12-28-2010 - TN)

Darren Perry v. All Unknown Parties Having Any Interest in the Property Known as the Mathis Cemetery Located on Lot 10 Oak Woods, Medina, Tennessee

This appeal arises from a petition to terminate the use of property as a burial ground. The plaintiffs purchased property in which an abandoned cemetery was situated. They filed this complaint for court approval to terminate the use of the property as a burial ground and remove and reinter the remains to another cemetery, pursuant to Tennessee statutes. An attorney ad litem was appointed to repres... More...   $0 (12-28-2010 - TN)

Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.

Phoenix International Software created software that it called Condor and registered the CONDOR mark with the Patent and Trademark Office (PTO) for “computer software for on-line programming development, library management and system utilities functioning on mainframe systems.” Phoenix used this mark since June 1978 and registered it in January 1997.

The delay in registration was due to... More...
   $0 (12-28-2010 - WI)

Carletta Mack v. Catherine A.M. Gazzaniga, M.D., et al.

Carletta Mack, an individual; Lloyd Mack, an individual; Carlett and Lloyd Mack as guardians and next friends to their minor children, Solace Christian Mack and Bryce Alexander Mack sued Catherine A.M. Gazzaniga, M.D.; Monica S. Reid, M.D.; Merl Evan Kardokus, M.D.; Jibi Thomas, M.D.; and Stephen S. Shinault, D.O. on medical negligence (medical malpractice) theories claiming that on June 9, 2005 C... More...   $0 (12-27-2010 - OK)

Wallace C. Leyshon v. Diehl Controls North America, Inc.

The plaintiff, Wallace C. Leyshon, brought suit against the defendants, Diehl Controls North America, Inc. (DCNA) and Christoph Weigand,1 alleging their breach of an employment contract, violation of the Illinois Wage Payment and Collection Act (820 ILCS 115/1 et seq. (West 2006)), and defamation. Following trial, the jury returned a verdict for the plaintiff and awarded damages. On the defamation... More...   $0 (12-27-2010 - IL)

Ysauro R. Munoz v. Raymond Edwin Mabus, Jr.

Ysauro Munoz appeals an adverse summary judgment ruling on two claims arising from a single dispute over whether a Title VII predetermination settlement agreement required the Navy to provide him a particular type of training. Munoz foremost brings a breach of contract action, over which the district court lacked subject matter jurisdiction, and we therefore vacate summary judgment on Count 1 and ... More...   $0 (12-27-2010 - HI)

Eddy Clark v. Matthews International Corp.

Matthews International Corporation ("Matthews") terminated Eddy Clark in January 2007. Alleging that he was terminated and suffered other adverse employment actions due to his age, Clark sued Matthews under the Age Discrimination in Employment Act ("ADEA") and the Missouri Human Rights Act ("MHRA"). The district court granted summary judgment in favor of Matthews, and Clark appealed. We affirm in ... More...   $0 (12-27-2010 - MO)

David Blockowicz v. Joseph David Williams

David, Mary, and Lisa Blockowicz received an injunction ordering Joseph David Williams and Michelle Ramey to remove defamatory comments they posted about the Blockowiczs on www.ripoffreport.com (“ROR”), among other websites. Williams and Ramey never responded to the injunction, prompting the Blockowiczs to contact the websites on which the statements were posted to secure compliance with the i... More...   $0 (12-27-2010 - IL)

Donald Ward v. Summa Health System

{¶ 1} This case involves a patient who may have contracted a bloodborne disease from a health-care provider during a hospital stay. The issue for our review concerns the patient’s ability to obtain discovery to determine the source of his exposure.

I. Case Background

{¶ 2} In May 2006, appellee Donald Ward underwent a procedure to replace his heart valve at Summa Health Syste... More...
   $0 (12-27-2010 - OH)

Summerville v. City of Forest Park

{¶ 1} In this appeal, we reconcile R.C. 2744.02(C) with 2744.09(E) and determine whether the denial of a motion for summary judgment in which a political subdivision or its employee sought federal qualified immunity from claims brought under Section 1983, Title 42, U.S.Code is a final, appealable order.

{¶ 2} R.C. Chapter 2744 governs political-subdivision immunity. Pursuant to R.C. 2744.... More...
   $0 (12-27-2010 - OH)

Sherry Walker v. Medtronic, Inc.

Plaintiff claimed that her husband, Arnold, died in June 2005 when his internally implanted Medtronic SynchoMed EL Infusion Pump malfunctioned, administering a lethal overdose of medication. Walker sought damages based on negligence, strict liability and breach of warranty theories.

The Court held that if the FDA approves a manufacturing process and the manufacturer conforms with that pro... More...
   $0 (12-27-2010 - WV)

Joseph Davis v. Patrick J. McGuigan

Joseph and Kimberli Davis (“the Davises”) purchased an unimproved, corner lot in the Horseshoe Bend subdivision near Nashville, Tennessee, for $135,500. They subsequently retained an architect to design a custom home for the lot and selected Frawood Custom Builders as the contractor. After working extensively with the Davises to refine the home’s design and to select amenities, furniture, an... More...   $0 (12-26-2010 - TN)

Rhonda Terry Mulcahy v. Wal-Mart Stores, Inc. and Assembled Products Corp

Appellant Rhonda Terry Mulcahy appeals from the trial court’s grant of summary judgment in favor of Appellees Wal-Mart Stores, Inc. (Wal-Mart) and Assembled Products Corp. (Assembled) (collectively Appellees). Mulcahy brings four issues on appeal relating to whether adequate time for discovery had passed when Appellees filed their motions for no-evidence summary judgment and whether the trial c... More...   $0 (12-25-2010 - TX)

Justin E. Briggs, Individually and Justin E. Briggs as Next of Friend of Austin E. Briggs v. Toyota Manufacturing of Texas, et al.

Justin Briggs, an employee of a subcontractor on a construction site, appeals from the trial court’s dismissal of his suit against the premises owner, general contractor, and other subcontractors (Toyota Motor Manufacturing of Texas, Toyota Tsusho America, Inc., Automatic Fire Protection, Walbridge Aldinger Company, Bartlett Cocke Operations, Inc., and Walbridge/Bartlett Cocke). We reverse the ... More...   $0 (12-25-2010 - TX)

Family and Estates of Mark Saylor, et al. v. Toyota and Bob Baker Lexus

Family and Estates of Mark Saylor, Cleofe Lastrella, Mahala Saylorand Chris Lastrella sued Toyota of North America and Bob Baker Lexus on products liability theories for the wrongful deaths of Salyor, his wife, daughter and brother-in-law who all died in a high speed crash blamed on a stuck accelerator peddle in August of 2009. Salyor was driving a Lexus ES loaned to him by Bob Baker Lexus.
... More...
   $10000000 (12-24-2010 - CA)

Luis San Roman v. Children's Heart Hospital Center, Ltd. d/b/a Russ Children's Health Heart Center

In this medical malpractice action, the plaintiff minor patient and his father appeal from an adverse judgment, arguing a subsequent treating physician should not have been allowed to testify for the defendant physician and that jury instructions improperly referred to the standard of care of a well-qualified “pediatric interventional cardiologist,” which is not a board-certified medical speci... More...   $0 (12-23-2010 - IL)

Debra Hathaway v. Paul H. Tucker

¶ 1. DOOLEY, J. This case concerns the proper allocation of settlement costs between insurers following a wrongful death settlement. The death occurred in 2002, when Paul H. Tucker (“Tucker”) was hauling waste for Casella Waste Management, Inc. (“Casella”) and collided with Robert Hathaway’s vehicle, killing Hathaway. Appellant, Old Republic Insurance Co. (“Old Republi... More...   $0 (12-23-2010 - VT)

American Bank Center v. David L. Wiest v. Howard Palamer

[¶1] American Bank Center ("Bank") appeals from a district court judgment rescinding a $250,000 loan the Bank made to David L. Wiest and requiring Wiest to repay part of a $200,000 loan the Bank made to Wiest for a line of credit. The Bank argues the district court erred in rescinding the $250,000 loan because the court improperly imputed the fraud of the Bank's loan officer, Howard Palmer, to th... More...   $0 (12-23-2010 - ND)

Dawn Simmons v. Nancy Reichardt

In May 2005, plaintiff, Dawn Simmons, sued defendants, Nancy and Greg Reichardt, for injuries she sustained in June 2003 while on a trampoline. In October 2007, Nancy and Greg filed a motion for summary judgment under section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 2008)), arguing that (1) they did not owe Dawn a duty to warn her that jumping on a trampoline may cause injury... More...   $0 (12-23-2010 - IL)

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