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Statute of Limitation Law
DUBOIS et al. v. BRANTLEY et al.

This case presents a question about the qualification of expert witnesses
under OCGA 24-7-702 (Rule 702), specifically, what sort of experience is
required of a practicing surgeon who is offered as an expert witness in a medical
malpractice case to opine that another surgeon breached the applicable standard
of medical care in the course of performing a surgical procedure. In Br... More...
   $0 (07-13-2015 - )

Alpine Glass, Inc. v. Country Mutual Insurance Co.

Alpine Glass, Inc., appeals from an order confirming an arbitration award for
one of 482 claims it asserted against several insurance companies. Because
unresolved claims remain, because Alpine Glass did not obtain certification for an
interlocutory appeal, and because the order below is not a qualifying order pursuant
to Fed. R. Civ. P. 54(b), we lack jurisdiction to entertain thi... More...
   $0 (07-12-2015 - MN)


The plaintiffs commenced these actions against
the defendant, International Fidelity Insurance Company (IFIC),
to recover cash collateral and certain bail bond insurance
premiums collected from each of them by IFIC's agent William
Fiore, who is now deceased. On cross motions for summary
judgment, the motion judge allowed the plaintiffs' motions on
their counts allegi... More...
   $0 (07-12-2015 - )


Bruening Rock Products, Inc. purchased trucks from Hawkeye
International Trucks. In time, Bruening sued Hawkeye, alleging breach of its
contract to provide trucks with a gross vehicle weight rating (GVWR) of 74,000
pounds. The case was tried to a jury. At the close of Bruenings evidence,
Hawkeye moved for a directed verdict on several grounds, including a theory that
... More...
   $0 (07-12-2015 - )


Washingtons second postconviction application was summarily dismissed
for exceeding the statute of limitations, as mandated by Iowa Code section 822.3
(2011). Washington appeals from the summary dismissal on two theories. First,
Washington claims he received ineffective assistance of counsel in his first
postconviction-relief case and ineffective assistance of counsel claims... More...
   $0 (07-12-2015 - )


Alice Shea appeals, and Theresa Lorenz and Mark Lorenz cross-appeal,
the district courts decision following a bench trial that involved the transfer of
certain investment accounts owned by William (Bill) Lorenz before his death. Bill
was ordered to pay his former spouse, Alice, traditional alimony in the amount of
$2000 per month until her death or remarriage. This alimony o... More...
   $0 (07-12-2015 - )


Manco filed a 51-page motion for habeas corpus relief under K.S.A. 60-1507. Manco raised various allegations against almost everyone involved in his 1992 jury convictions for indecent liberties with a child and aggravated criminal sodomy. Manco is now serving a controlling term of imprisonment of 15 to 50 years. In support of his habeas corpus motion under K.S.A. 60-1507(a), Manco alleges all tria... More...   $0 (07-11-2015 - )

Johnny Jr. Gatewood v. CP Medical, LLC

Mr. and Mrs. Gatewood appeal from an order of the bankruptcy court1 granting
summary judgment to the defendant in an adversary proceeding concerning a proof
of claim filed by the defendant on a time-barred debt. We have jurisdiction over this
appeal from entry of the bankruptcy courts final order pursuant to 28 U.S.C.
158(b). For the reasons set forth below, we affirm.
FACTU... More...
   $0 (07-10-2015 - AR)

The People Of The State Of California v. Donnie Weatherton

In People v. Harvey (1979) 25 Cal.3d 754, 758759 (Harvey) our Supreme Court held that facts underlying charges dismissed as part of a negotiated plea may not, absent contrary agreement by the defendant (now called a Harvey waiver), be used to impose adverse sentencing consequences. The principle expanded to cover victim restitution (e.g., People v. Baumann (1985) 176 Cal.App.3d 67, 7475), an... More...   $0 (07-10-2015 - )

Virginia Poindexter v. Mercedes-Benz Credit

Virginia M. Poindexter appeals the district courts grant of summary judgment to Mercedes-Benz Credit Corporation (MBCC) on her claims arising from MBCCs failure to timely release a lien placed on her residence after she satisfied her underlying debt obligation. For the reasons set forth below, we affirm the district courts judgment.
In April 2001, Poindexter purchased an Audi sedan... More...
   $0 (07-10-2015 - VA)

Aracell King v. Time Warner Cable

Dallas, TX - Aracell King, age 44, sued Time Warner Cable on a violation for violating the Telephone Consumer Protection Act of 1991 more than 73 times after she advise the Defendant not to call her any more. In total she received more thatn 153 robo calls to her Spring telephone line.

Recent Court Docket Entries:

Date Filed # Docket Text

06/04/2015 18 SCHEDULING OR... More...
   $230000 (07-08-2015 - NY)

Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc.

Jeffrey Epp suffered severe injuries after diving into a swimming pool at the St. Regis Resort, Monarch Beach (the St. Regis). Litigation followed, with Epp and his wife (together, the Epps) suing the owner of the St. Regis and the entities involved in the design and construction of the swimming pool. The defendants included Valley Crest Landscape Development, Inc. (Valley Crest), which was the ge... More...   $0 (07-02-2015 - CA)

T.P. v. Bryan County School District

This appeal arises under the Individuals with Disabilities Education Act
(“IDEA”), 20 U.S.C. § 1400–1482. It concerns the request by the parents of T.P.,
Case: 14-11789 Date Filed: 07/02/2015 Page: 1 of 20
a child with autism and speech and language disabilities, that their son’s school
district pay for an independent educational evaluation (“IEE”) of T.P. to de... More...
   $0 (07-02-2015 - GA)

Eric Glatt v. Fox Searchlight Pictures, Inc.

Plaintiffs, who were hired as unpaid interns, claim compensation as
employees under the Fair Labor Standards Act and New York Labor Law.
Plaintiffs Eric Glatt and Alexander Footman moved for partial summary
judgment on their employment status. Plaintiff Eden Antalik moved to
certify a class of all New York interns working at certain of defendants’
divisions between 2005 and 2... More...
   $0 (07-02-2015 - NY)

Bruce Goldfarb v. Mayor and City Council of Baltimore

The Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., establishes a cradle-to-grave regulatory program for hazardous waste management. Envtl. Tech. Council v. Sierra Club, 98 F.3d 774, 779 (4th Cir. 1996). Several Maryland residents brought statutory claims under the RCRA against the current and former owners of an industrial property in Baltimore alleged to have been co... More...   $0 (07-01-2015 - MD)

Angela E. Helvey v. Montana Education Association

¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
¶2 Angela Helvey ... More...
   $0 (07-01-2015 - MT)

Bottrell Family Investments Limited Partnership v. Diversified Financial, Inc

¶1 Bottrell Family Investments filed this breach of contract action in the Thirteenth
Judicial District Court, Yellowstone County, seeking damages and a declaratory
judgment against Diversified Financial, Inc., Stephen A. Zabawa, and Jason Blair
(collectively, “Defendants”). After both Bottrell and Defendants moved for summary
judgment, the District Court entered judgment in D... More...
   $0 (06-30-2015 - MT)

Jacob Doe v. Hartford Roman Catholic Diocesan Corporation

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus... More...
   $0 (06-27-2015 - CT)

Michelle Falk v. Children's Hospital Los Angeles

The trial court granted summary judgment in favor of defendant and respondent Children’s Hospital Los Angeles (Children’s Hospital or the hospital) and against plaintiff and appellant Michelle Falk on the ground her wage and labor claims were time-barred. The court rejected Falk’s argument the filing of a prior class action tolled her limitations periods, under American Pipe & Construction C... More...   $0 (06-24-2015 - CA)

CMS Investment Holdings, LLC v. Lawrence E. Castle

The plaintiff in this action invested in a Delaware limited liability company
(―LLC‖) whose business was providing non-legal administrative services to law firms
and their mortgage lender clients in connection with mortgage foreclosures. That
business was created by the principal defendants: five individuals who practiced law in
Colorado and Arkansas. Seeking to monetize their ... More...
   $0 (06-23-2015 - DE)

Donald Christ v. Deborah Sherwood

¶1 This is a review of an
unpublished opinion and order of the court of appeals,1 which
summarily reversed a grant of summary judgment in favor of Exxon
Mobil Corp. et al., by the Eau Claire County Circuit Court, Lisa
K. Stark, Judge.
¶2 The case involves the viability of certain wrongful
death and survival claims. It is part of a larger tort suit
filed in 2006 by for... More...
   $0 (06-23-2015 - WI)

United States of America v. Walter A. Forbes

Walter A. Forbes appeals from a February 27, 2014 order of the United
States District Court for the District of Connecticut (Thompson, J.) denying his
motion for a new trial under Federal Rule of Criminal Procedure 33. Forbes,
former chief executive officer and chairman of the board of directors at CUC
International, Inc. (“CUC”) and former chairman of CUC’s successor, Cendan... More...
   $0 (06-23-2015 - CT)

United States of America v. Jeffrey Dan Williams

After multiple attempts over the course of fourteen years to attack his federal
convictions on various drug and firearm charges, Jeffrey Dan Williams filed a motion in
the United States District Court for the Northern District of Oklahoma seeking to
withdraw his guilty plea based on newly discovered evidence. Specifically, Mr. Williams
submitted affidavits in support of his claim t... More...
   $0 (06-23-2015 - OK)

United States of America v. Steven Frediani

This appeal requires us to decide whether hostilities related to the use of
military force against terrorists and Iraq, as authorized by Congress, have
“terminat[ed]” under the Wartime Suspension of Limitations Act, 18 U.S.C.
§ 3287. Seven years after Steven Frediani committed the crimes, a federal grand
jury indicted him on one count of conspiracy to commit aircraft parts fra... More...
   $0 (06-22-2015 - FL)

John S. Drewitz v. Motorwerks, Inc.

This appeal arises out of protracted shareholder litigation between appellant, a
former minority shareholder of respondent-corporation, and respondents, the corporation,
its corporate director and majority shareholder, and other former shareholders. Appellant
argues that the district court erred by failing to hold respondent-corporate director
personally liable for breach of his fi... More...
   $0 (06-22-2015 - MN)

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