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Antonio Correia v. William Feeney

Plaintiff-appellant Antonio Correia sued defendant-appellee, Sergeant Detective William Feeney, for violating his civil rights by means of false arrest and the use of excessive force. Following a trial, the jury returned a verdict for Feeney. Correia appeals, claiming that the trial court committed reversible error in denying his motion for a new trial, in its answer to a question from the jury, ... More...   $0 (09-09-2010 - MA)

Frederick E. Bouchat v. Baltimore Ravens Limited Partnership

For the fourth time we consider on appeal an aspect of Frederick E. Bouchat’s copyright infringement cause against the Baltimore Ravens football organization and National Football League entities for their unauthorized copying of a Ravens team logo, drawn by Bouchat, that was used for three seasons as the team’s official symbol. This appeal arises from an action Bouchat filed to enjoin defenda... More...   $0 (09-09-2010 - MD)

Equal Employment Opportunity Commission v. Prospect Airport Services, Inc.

This is a sexual harassment case in which a male employee was the victim of a female co-worker.

I. Facts.

The district court granted summary judgment against the plaintiff, so we recite the facts in accord with the cognizable evidence presented by the plaintiff, to determine whether, if a jury accepted his account, he could recover.1 We review summary judgment de novo.2

... More...
   $0 (09-09-2010 - NV)

Frances Alday v. Raytheon Company

The plaintiffs are a class of retirees from Raytheon and its predecessor, Hughes Missile Systems, along with their spouses and eligible dependents. Since 1972, Hughes, and later Raytheon, paid insurance premiums for healthcare coverage for early retirees until age 65 pursuant to a series of collective bargaining agreements (“CBAs”) with the plaintiffs’ union. In 2004, Raytheon limited its co... More...   $0 (09-09-2010 - )

Binyam Mohamed v. Jeppesen Dataplan, Inc.

This case requires us to address the difficult balance the state secrets doctrine strikes between fundamental principles of our liberty, including justice, transparency, accountability and national security. Although as judges we strive to honor all of these principles, there are times when exceptional circumstances create an irreconcilable conflict between them.

On those rare occasions, we... More...
   $0 (09-09-2010 - CA)

Jonette Anson v. Star Brite Inn Motel

[¶1.] Jonette Anson (Anson) failed to file a personal injury claim within the three-year statute of limitations. The circuit court denied her motion to extend the statute of limitations under the doctrine of equitable tolling. We affirm.

FACTS

[¶2.] On December 23, 2004, Eleshia Zahrbock, Peyton Gerry, Justin Zahrbock, and Anson were guests at the Star Brite Inn (Star Brite), a... More...
   $0 (09-08-2010 - SD)

Jonathan O'Dell v. City of Tulsa, Oklahoma

Jonathan O'Dell sued the City of Tulsa for declaratory judgment and other theories. Plaintiff claimed that he was constructively discharged by the City of Tulsa. Any other claims made and defenses asserted are not available.... More...   $0 (09-08-2010 - OK)

Jean Holst v. KCI Konecranes International Corporation d/k/a Konecranes, Inc.

Jean Holst argues the circuit court erred in granting KCI Konecranes International Corporation a/k/a Konecranes, Inc. and KCI Special Cranes Corporation f/k/a KCI Konecranes VLC's (collectively, KCI) motion for summary judgment. Specifically, she maintains the circuit court erred in (1) improperly weighing evidence; (2) applying the improper legal standard regarding the role of industry custom; ... More...   $0 (09-08-2010 - SC)

Joseph M. Adrian v. Town of Yorktown

Plaintiffs-appellants Joseph and Elaine Adrian and Adrian Family Partners I, L.P. sued
5 the Town of Yorktown (the “Town”) pursuant to 42 U.S.C. § 1983 and New York State law,
6 alleging that the Town, through its Town Supervisor, Linda Cooper, and other policy-making
7 officials, maintained an official policy under which the plaintiffs were denied the right to develop
8 their... More...
   $0 (09-08-2010 - NY)

Letecia D. Brown v. Automotive Components Holdings, L.L.C. and Ford Motor Company

Letecia Brown, an assembly-line worker at a Ford Motor Company plant in Indianapolis, was terminated for being absent from work without properly following Ford’s leave policies and procedures. She filed suit for sex discrimination and retaliatory termination under Title VII and interference with her rights under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq. The distr... More...   $0 (09-08-2010 - IN)

Richard Snell v. Spectrum Association Management, L.P.

This appeal arises from an anti-suit injunction prohibiting Appellants Richard Snell, Brad Croft, and Willawall Investments, Inc., from filing any additional suits against Appellee Spectrum Association Management L.P. or its current or former employees. Appellants complain that the injunction was entered without an evidentiary hearing. Because the Appellant Croft did not expressly consent to the... More...   $0 (09-08-2010 - TX)

Judith Thomas v. Eugene N. Clayton, III, M.D.

Judith and John Thomas appeal the trial court’s grant of Dr. Eugene Clayton’s no-evidence summary judgment motion in a health care liability suit. We affirm.

Factual and Procedural Background

Judith and John Thomas (collectively “Thomas”) filed a medical malpractice lawsuit against Dr. Eugene Clayton in May 2008, and served Dr. Clayton with a 120-day expert repor... More...
   $0 (09-08-2010 - TX)

Jeff Tamraz v. Lincoln Electric Company

At issue in this case is the often-elusive line between admissible opinion and inadmissible speculation under Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Several manufacturers of welding supplies appeal a $20.5 million jury verdict based on a doctor’s testimony that their products triggered “manganese-induced parkinsonism” ... More...   $0 (09-08-2010 - OH)

Pamela L. McKissick v. Henry C. Yuen

Pamela McKissick, a former Gemstar executive, sued the company and two of its former officers, accusing them of perpetrating a fraud that rendered her stock options in the company worthless. The district court granted summary judgment to the defendants, holding that Ms. McKissick released her claims long ago when she signed a separation agreement at the end of her employment. Based on another prov... More...   $0 (09-08-2010 - OK)

Thomas J. Gallagher v. Steve Magner

Several owners and former owners of rental properties in St. Paul, Minnesota brought these consolidated actions, challenging the City of St. Paul’s (“the City”) enforcement of its housing code. The property owners appeal the district court’s (1) dismissal of their claims on summary judgment, (2) denial of sanctions for spoliation of evidence, and (3) denial of discovery regarding Appellee ... More...   $0 (09-08-2010 - MN)

Mary Campbell v. Davol, Inc.

Mary Campbell (“Campbell”) appeals the district court’s2 grant of summary judgment in favor of Davol, Inc., C.R. Bard, Inc., Surgical Sense, Inc. (“Surgical Sense”), and W.C.O. Medical Products Corporation (“W.C.O. Medical Products”).

On appeal, Campbell argues that the district court erred in granting summary judgment in favor of C.R. Bard, Inc. and Davol, Inc. (“Bard/Dav... More...
   $0 (09-08-2010 - AR)

Xavier Munoz v. R & L Transfer, Inc.

Xavier Munoz sue Matthew Hawley on an auto negligence theory claiming to have been injured in a car truck wreck caused by Hawley. Plaintiff also sued R & L Transfer, Inc. on a respondeat superior theory claiming Hawley was acting on behalf of R & L at the time of the accident in question.... More...   $0 (09-07-2010 - MO)

Northwest Pipeline Corporation v. Jose Luna

Northwest Pipeline Corporation (Northwest) holds an easement across the properties of Jose and Rosanna Luna, and Steven and Elizabeth Church (collectively, Appellants). The grant of easement was indefinite as to width. Northwest filed suit to obtain a determination of the width of its easement, to quiet its title to the defined easement, to obtain removal from the right-of-way of any encroachments... More...   $0 (09-07-2010 - ID)

Taren Devon Haynie v. Deon Lamont Cobb

Defendant Robert F. Jones d/b/a Jones Construction Company and Pete Jones Construction Company filed a motion to dismiss which the trial court granted as to one of plaintiff’s claims. As the dismissed claim was alleged in plaintiff’s complaint, we reverse and remand.

I. Background

On 12 January 2007, plaintiff filed a complaint (“2007 complaint”) against defendants. On 24 Mar... More...
   $0 (09-07-2010 - NC)

Julie A. Derossett v. Duke Energy Carolinas, L.L.C.

Plaintiffs Julie A. DeRossett and Richard A. Sutton appeal from the trial court’s order granting partial summary judgment in favor of Defendant Duke Energy Carolinas, LLC. After a careful review of Plaintiffs’ challenges to the trial court’s order in light of the record and the applicable law, we conclude that the trial court’s order should be affirmed.

I. Factual Background

... More...
   $0 (09-07-2010 - NC)

Kevin D. Buchanan v. Teresa Hagy Buchanan

Kevin D. Buchanan, individually, as executor of the estate of Kelly Buchanan, and as guardian of the property of Tiffany Hope Buchanan, a minor, and Christopher Buchanan, individually, (collectively referred to as “plaintiffs”) appeal from a trial court’s order declaring that Teresa Hagy Buchanan (“defendant”) received an “estate for years” from decedent’s will and an order denying... More...   $0 (09-07-2010 - NC)

Todd M. Bodine v. Harris Village Property Owners Association, Inc.

Plaintiffs, Todd M. Bodine and Janet L. Paczkowksi (collectively “Homeowners”) built a 14 x 42 foot pool house and tiki hut (covered porch) to adjoin their home, but only received permission from the Harris Village Property Owners Association’s Board of Directors (“Association”) to build a 10 x 14 foot pool house. Litigation ensued, resulting in two orders denying Homeowners’ claims.More...   $0 (09-07-2010 - NC)

Hinerfeld-Ward, Inc. v. Mark Lipian

The appellants in this litigation are homeowners who embarked on a major residential home improvement project. They appeal from a judgment in these cross-actions in favor of their general contractor which awarded them only $1,000 in damages on their negligence cause of action. They contend the trial court erred in enforcing an oral contract in violation of statutory requirements that the contract ... More...   $0 (09-06-2010 - CA)

David Bumgardne v. Firesteel Healthcare Center

David Bumgardner and Layne Bumgardner sued Firesteel Healthcare Center on a nursing home negligence theory for the wrongful death of their mother Helen Bumgardner who they claimed died at age 100 because of negligence and carelessness on the part of the nursing home's employees. ... More...   $500000 (09-04-2010 - SD)

Loretta Terhune v. George D. Houser and Moran Lake Nursing and Rehabilitation Center

Loretta Terhune, the daughter of Morris Ellison, age 84, George Houser and the Moran Lake Nursing and Rehabilitation Center on a nursing home negligence theory claiming that her father died prematurely after being placed in the nursing home after developing a blood clot in his leg. She claimed that her father died from dehydrated, malnourished and his hip had been broken for 10 days. One former ... More...   $37000000 (09-04-2010 - GA)

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