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Marwa Imkie v. The Methodist Hospital

Appellant, Marwa Imkie, files a motion for en banc reconsideration of our memorandum opinion issued December 10, 2009 that upholds a summary judgment rendered in favor of appellee, The Methodist Hospital (hereinafter “Methodist”). Having received a response from Methodist, we withdraw our December 10, 2009 memorandum opinion and judgment, and issue this memorandum and judgment in their stead ... More...   $0 (06-24-2010 - TX)

Tiffany J. Koontz v. Citibank (South Dakota), N.A.

This is an appeal from a final judgment confirming an arbitration award in favor of appellee, Citibank (South Dakota), N.A. [“Citibank”] on a credit card debt. On appeal, appellant, Tiffany J. Koontz, contends that (1) there was no evidence of an agreement to arbitrate, (2) any arbitration agreement is ambiguous as to what law applied, and (3) the arbitrator failed to comply with the terms of... More...   $0 (06-24-2010 - TX)

Lauren N. Hervey v. Mercury Casualty Company

Plaintiff and appellant Lauren N. Hervey (Hervey) purchased an automobile insurance policy from defendant and respondent Mercury Casualty Company (Mercury). Hervey alleges Mercury breached the policy by offsetting uninsured motorist payments due her for injuries suffered in an automobile accident with the amount Mercury paid Hervey under the medical expense coverage in the same policy for the same... More...   $0 (06-24-2010 - CA)

Cheryl Schultz v. Pojoaque Tribal Police Department

{1} Cheryl Schultz (Petitioner) filed a workers’ compensation complaint for medical benefits and survivor benefits on behalf of her deceased husband, Kevin Schultz (Worker). The Workers’ Compensation Judge (WCJ) denied Petitioner’s claims and Petitioner appealed. Four days before the filing deadline, Petitioner mailed her notice of appeal from Albuquerque to the Court of Appeals, but the not... More...   $0 (06-23-2010 - NM)

Craig Wheeler v. Peter Sajovich

Craig Wheeler appeals a final summary judgment on claims he asserted against Peter Sajovich, Nickolas Nowak, Austin Advantage, Inc. d/b/a RE/MAX Austin Advantage ("Austin Advantage"), and eCounty Foreclosures, Inc. ("eCounty") (collectively, appellees). In two issues on appeal, Wheeler argues that the district court erred in granting summary judgment because he presented evidence raising a fact i... More...   $0 (06-23-2010 - TX)

Robert A. Narotzky, M.D. v. Natrona County Memorial

Robert A. Narotzky, M.D., Thomas A. Kopitnik, Jr., M.D., and M. Debra Steele, M.D., doctors at Central Wyoming Neurosurgery, appeal the district court’s grant of summary judgment in favor of the Natrona County Memorial Hospital Board of Trustees, the Wyoming Medical Center, Inc., the Wyoming Medical Center, Inc., Board of Directors, and various officials of those entities (“the Medical Centerâ... More...   $0 (06-23-2010 - WY)

Zachary T. Painter v. The City of Albuquerque, et al.

After Zachary Painter was arrested for seeking to cash a fraudulent check, he brought various claims against the arresting officers and others. At summary judgment, the district court dismissed several of those claims, but ruled in favor of Mr. Painter on others. Relevant for purposes of this particular appeal, the district court held that Officers John Kelly and Dwight Porlas were entitled to qua... More...   $0 (06-23-2010 - NM)

Barney Miller v. State of Kansas Highway Patrol

Barney Miller, proceeding pro se, appeals from the district court’s dismissal of his complaint and the denial of his motion to reconsider. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Background

Mr. Miller filed a pro se “Employment Discrimination Complaint” against the State of Kansas Highway Patrol, alleging that the State discriminated against him in violation... More...
   $0 (06-23-2010 - KS)

Wesley Simmons v. Navajo County, State of Arizona

We must decide, among other issues, whether local jail personnel, their supervisors, and their county employer violated the Fourteenth Amendment due process rights of a pretrial detainee who committed suicide while in their custody.

I

A

After allegedly molesting a ten-year-old girl at an elementary school playground, Jasper Simmons (“Jasper”) was arrested by the Pinetop-La... More...
   $0 (06-23-2010 - AZ)

Kathy D. Jones v. National American University

Kathy Jones brought this action against National American University (NAU) alleging that NAU had failed to promote her in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. A jury found NAU had discriminated against Jones and that its conduct was willful. The district court denied NAU's motion for judgment as a matter of law and motion for a new trial, and judgm... More...   $0 (06-23-2010 - SD)

Oanh Thach v. Tiger Corporation

Oanh and Kim Thach brought this negligence, products liability, and breach of warranty action against Tiger Corporation, the Japanese manufacturer of a rice cooker which allegedly caused a fire at their home. The district court1 granted Tiger judgment on the pleadings, finding that the Thachs had failed to serve it within South Dakota's three year statute of limitations. The Thachs appeal, contend... More...   $0 (06-23-2010 - SD)

Michael Espinosa v. Kenneth L. Kirkwood, Jr.

Plaintiffs, Michael Espinosa and Angel Vertiz, participated in a burglary along with defendant Kenneth L. Kirkwood, Jr., and fled in a car driven by Kirkwood. While trying to evade the police, Kirkwood collided with two other vehicles during a car chase, causing injuries to both passengers. Plaintiffs sued Kirkwood for damages for their personal injuries, but the trial court granted defendant‟s ... More...   $0 (06-23-2010 - CA)

Musa Madain v. City of Stanton

Musa Madain appeals the denial of his petition for a writ of mandate challenging denial by the City of Stanton (the City) of his application for a permit to operate an adult-oriented cabaret. The City denied the application on the basis the location selected by Madain was within 300 feet of a planned church. Although Madain challenged the authenticity of the church itself in the proceedings below,... More...   $0 (06-23-2010 - CA)

Tracey Haynes, et al. v. City of Middletown

The named plaintiff, Tracey Haynes, filed this action as parent and next friend of the plaintiff, Jasmon Vereen,1 her then minor son, and on her own behalf, for his medical expenses, against the defendant city of Middletown for injuries the plaintiff sustained when a fellow student pushed him into a broken locker in the men’s locker room at Middletown High School.

The plaintiffs appeal fr... More...
   $0 (06-23-2010 - CT)

Jack Aaron Logsdon v. State of Oklahoma

¶1 Appellant Jack Aaron Logsdon was tried by jury and convicted and sentenced in the District Court of Logan County, Case No. CF-2005-189, of sixteen counts of fraudulent sales of securities, forgery, obtaining money by false pretenses, and racketeering.1 The Honorable Donald L. Worthington, who presided at trial, ordered that each sentence be served consecutively for a total term of imprisonme... More...   $0 (06-22-2010 - OK)

Jackie Atkins v. United States Steel Workers of America, AFL-CIO, CLC, Local 187

{1} In virtually all claims sounding in tort, our common law permits punitive damages where appropriate to punish outrageous conduct and to deter similar conduct in the future.

Similarly, in New Mexico all labor unions owe a common-law duty of fair representation (also referred to herein as “DFR”) to their members and are subject to suit for breach of that duty. In the case at bar, we a... More...
   $0 (06-22-2010 - MN)

Johnny and Patty Lafalier v. The Lead-Impacted Communities Relocation Assistance Trus

¶1 The questions presented in this appeal are (1) whether section 2205 of the Lead-Impacted Communities Relocation Assistance Act1 is unconstitutional, (2) whether section 2203(M) of the Lead-Impacted Communities Relocation Assistance Act is unconstitutional, and (3) whether section 307(D) of the Oklahoma Open Meeting Act (Open Meeting Act)2 authorizes a public body subject to its provisions to a... More...   $0 (06-22-2010 - OK)

Corbie Welch v. Phy Phorn

Corbie Welch sued Phy Phorn on an auto negligence theory.

Defendant admitted fault for rear-ending the Plaintiff. Plaintiff incurred
approximately $344.00 in PD. Plaintiff claimed $8,508.00 in medical
specials and no lost wage claim.

Plaintiff treated with Dr. Rick Huskey,
DC,; Dr. Kenneth Trinidad, D.O.; Dr. Gary Lee, MD; and Physical
Rehabilitation Center o... More...
   $2240 (06-22-2010 - OK)

Gary Winnett v. Caterpillar, Inc.

At stake in this interlocutory appeal are the claims of one subclass of plaintiffs in an ongoing class-action lawsuit against Caterpillar for allegedly breaching its promise to provide “lifetime cost-free retiree health care.” R.61, ¶ 2. The district court preliminarily enjoined Caterpillar to provide the subclass—275 plaintiffs who retired from a Caterpillar subsidiary between 1992 and 199... More...   $0 (06-22-2010 - TN)

Tiffany Anderson v. Saeed Zamir

Tiffany Anderson appeals from the trial court's September 19, 2008, denial of her motion for a new trial from a final judgment after a jury trial, which awarded her $12,500 in damages resulting from injuries and damages sustained in a motor vehicle accident. We reverse and remand.

On September 22, 2005, Tiffany was involved in a motor vehicle accident with Saadia Zamir. Tiffany was rear-e... More...
   $12500 (06-22-2010 - IL)

Jamshid Aryeh v. Canon Business Solutions, Inc.

Jamshid Aryeh appeals from the order (judgment) of dismissal of his second amended complaint brought under the Unfair Competition Law (UCL), Business and Professions Code section 17200 et seq.1 The trial court sustained respondent Canon Business Solutions, Inc.‟s (Canon) general demurrer without leave to amend, ruling that the allegations failed to state a cause of action and that the claim is b... More...   $0 (06-22-2010 - CA)

Melody Whittemore v. Owens Healthcare - Retail Pharmacy, Inc.

This action involves the Drug Dealer Liability Act (the Act). (Health & Saf. Code, §§ 11700 et seq.)1 It authorizes a user of an illegal controlled substance (and specified others) to recover damages resulting from its use from those who knowingly market the substance. It extends to substances for which a prescription is required. (§§ 11703, subd. l, 11352.) The question tendered is whether a ... More...   $0 (06-22-2010 - CA)

Alan Vine v. Planning and Zoning Commission of the Town of Wallingford, et al.

The plaintiff, Alan Vine, appeals from the judgment of the trial court dismissing his appeal from the approval of a site plan by the defendant planning and zoning commission of the town of Wallingford (zoning commission). The plaintiff claims that the zoning commission acted illegally, arbitrarily and in abuse of its discretion by failing to comply with the requirements of General Statutes (Rev. t... More...   $0 (06-22-2010 - CT)

Frank Forrestt v. Paul S. Koch

The plaintiffs, Frank Forrestt and Carolyn Forrestt,1 appeal following the denial of their motion to set aside the jury verdict rendered in favor of the defendants, Paul S. Koch, an ophthalmologist, and East Lyme Laser Vision Center, LLP. On appeal, the plaintiffs contend that the trial court abused its discretion in failing to set aside the verdict due to the improper remarks of the defendants’... More...   $0 (06-22-2010 - CT)

Equicredit Corporation of Connecticut v. David S. Kasper

In this action for a declaratory judgment, the plaintiff, Equicredit Corporation of Connecticut, appeals from the summary judgment rendered by the trial court in favor of the defendants, David S. Kasper and Linda M. Kasper. We affirm the judgment of the trial court.

The following facts are undisputed. On April 10, 1996, the defendants sold the property located at 116 Orchard Hill Road in Po... More...
   $0 (06-22-2010 - CT)

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