Plaintiff Lawrence Antonucci formerly practiced medicine with defendants Charles Shioleno, Domenick Randazzo and Nicholas Ricculli in a professional corporation known as Morris County Cardiology Consultants, P.A. (MCCC). MCCC is organized under "The Professional Service Corporation Act" (PSCA), N.J.S.A. 14A:17-1 to -18. Shioleno, Antonucci, Randazzo and Ricculli all held shares issued by M... More...   $0 (07-19-2010 - NJ)

Plaintiff Althea Booker filed suit against her employer, the Massachusetts Department of Public Health (the Lemuel Shattuck Hospital), the Executive Office of Health and Human Services, and certain individual defendants. A jury returned a verdict in favor of defendants on Booker's claims of retaliation under federal and state law, see 42 U.S.C. § 2000e-3(a); Mass. Gen. Laws ch. 151B, § 4(4), ... More...   $0 (07-13-2010 - MA)

¶1 This appeal involves an agreement "not to use during or after termination of employment or divulge to others any secret or confidential information," and allegations of trade secret misappropriation. MTG Guarnieri Manufacturing, Inc., d/b/a Hearn Machine Tool (Hearn) is the former employer of Bradley Clouatre (Clouatre) and Bryan Jay (Jay). Hearn alleges that Clouatre and Jay breached their ag... More...   $0 (07-09-2010 - OK)

Paula O'Donnell, a former employee of the Boston Globe Employees Credit Union ("the Credit Union"), appeals from the dismissal on summary judgment of her Massachusetts state law claims alleging tortious interference with contractual relations by her supervisor and others. On this appeal, the central issue concerns preemption of state law claims under Supreme Court precedent designed to protect th... More...   $0 (07-08-2010 - MA)

In this 42 U.S.C. § 1983 First Amendment retaliation claim appeal, we (1) reevaluate the pleading standard requirement for § 1983 cases involving qualified immunity, (2) determine whether Earl Randall’s (“Randallâ€�) complaint – alleging state conduct restricting his ability to run for public office – raises a claim for violation of his First Amendment rights, and (3) resolve whether Jew... More...   $0 (07-05-2010 - GA)

This case arises from the demise of a business relationship within a construction company. Defendants Peter Smejkal, Iva Smejkal, Merkur Construction, LLC, and IS Enterprises, LLC appeal from the partial denial of their post-trial motion for judgment as a matter of law, or in the alternative, for a new trial, following a jury verdict in favor of plaintiffs Jeanne Morrissey and J.A. Morrissey, Inc... More...   $0 (07-02-2010 - VT)

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)

Appellant Schindler Elevator Corp. (“Schindler�) appeals from a jury verdict awarding appellee Bagby Elevator Co., Inc. (“Bagby�) economic and exemplary damages for tortious interference with contract. We affirm.

I. FACTS AND PROCEEDINGS

A. Background

As competitors in the Dallas area elevator-servicing market, both Bagby and Schindler provide commercial clients ... More...   $0 (06-21-2010 - TX)

Plaintiff Ronald Atanus commenced this tort action against defendants American Airlines, Inc. (American); Patrick Harrington, an employee of American; and S&C Electric Co. (S&C), which is not a party to this appeal. In his fourth amended complaint, plaintiff claimed that American committed “intentional interference with prospective advantagesâ€� and that Harrington committed “intentional inter... More...   $0 (06-18-2010 - IL)

[¶1.] Raven Industries (Raven) sued Integra Plastics, Inc. (Integra), a business competitor, and Clark Lee (Lee), a former employee of Raven, by complaint for injunctive relief, tortious interference with contract, and unfair competition. Raven alleged that Lee unfairly competed with Raven by using alleged secret, confidential, or proprietary information that he was contractually obligated not to... More...   $0 (06-16-2010 - SD)

In this appeal, we consider whether an oral agreement to allow Station #2, LLC (“Station #2�) to install soundproofing material in a void space between the ceiling of premises leased by it and the floor of premises owned by another was made unenforceable by the statute of frauds. We also consider claims of fraudulent inducement to contract and statutory conspiracy.

I. BACKGROUND AND ... More...   $0 (06-10-2010 - VA)

ZH Technologies, Inc. (“ZH Techâ€�) and Abulala K. Naser (“Naserâ€�) filed a complaint against Adnan Syed (“Syedâ€�), Sheriza Ousman (“Ousmanâ€�), and Zerowire Technologies, Inc. (“Zerowireâ€�),1 in which ZH Tech and Naser alleged six causes of action: (1) breach of fiduciary duty, (2) conversion, (3) unjust enrichment, (4) fraud, (5) violation of the Virginia business conspiracy statute... More...   $0 (06-10-2010 - VA)

This appeal follows the successful demurrer of Carlyn Munn Briggs (Carlyn) and Michael D. Briggs (Michael) to the petition of Carlyn's brother James Munn (James) for relief from interference with an inheritance expectancy, a tort that has never been recognized in California. James alleges his sister and brother-in-law interfered with his expected inheritance by unduly influencing their mother Jane... More...   $0 (06-10-2010 - CA)

Appellants James MacIvor and Phoenix Air Transport, Inc., (hereinafter, “MacIvorâ€�), seek reversal of the trial court’s order refusing to compel arbitration. In opposing arbitration, appellee Zuehl Airport Flying Community Owners Association argued the parties’ arbitration agreement was unenforceable because it was part of a mediated settlement agreement incorporated into an agreed final ju... More...   $0 (06-09-2010 - TX)

Appellants James MacIvor and Phoenix Air Transport, Inc., (hereinafter, “MacIvorâ€�), seek reversal of the trial court’s order refusing to compel arbitration. In opposing arbitration, appellee Zuehl Airport Flying Community Owners Association argued the parties’ arbitration agreement was unenforceable because it was part of a mediated settlement agreement incorporated into an agreed final ju... More...   $0 (06-09-2010 - TX)

Robert McBride entered into a three-year Employment Agreement with Market Street Mortgage Company (Market Street) in which it agreed to pay him $230,000 in Annual Base Salary. Approximately seven months into the Agreement, Market Street sent McBride a letter informing him his salary was being reduced to $85,000. Believing he had suffered a “reduction by the Company in [his] Annual Base Salaryâ€�... More...   $0 (06-02-2010 - WY)

This case for damages, arising out of the termination of a business relationship, involves charges of breach of contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, and tortious interference with business relations. The district court2 entered summary judgment for the defendants, Boar’s Head Provisions Co., Inc. (“Boar’s Headâ€�) and Frank Brunckhorst... More...   $0 (05-27-2010 - MN)

Plaintiff Carl J. Mayer appeals from the order of the United States District Court for the District of New Jersey granting the respective motions to dismiss filed by Defendants Bill Belichick and the New England Patriots (“Patriots�) as well as by Defendant National Football League (“NFL�). We will affirm.

I.

This highly unusual case was filed by a disappointed football fan a... More...   $0 (05-27-2010 - NJ)

By motion to dismiss and motion for summary judgment, Universal Oil Products, L.L.C. ("UOP") moved against all claims asserted by Shanda Kozak, individually and as personal representative of the heirs and estate of Walter Scifres, deceased, and Keith Scifres ("the Kozak Plaintiffs") on the basis that the Kozak Plaintiffs had failed to obtain a certificate of merit (dismissal motion) and on the cla... More...   $0 (05-20-2010 - TX)

Appellant, Silver Lion, Inc. and appellees, Dolphin Street, Inc. and R. Kent Larsen, have filed motions for rehearing of our May 21, 2009 memorandum opinion and judgment. We deny those motions. We do, however, withdraw our May 21, 2009 memorandum opinion and judgment and issue this memorandum and judgment in their stead.

We affirm the trial court’s judgment in part, holding t... More...   $0 (05-20-2010 - TX)

This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur... More...   $0 (05-18-2010 - CT)

This case arises from an employment agreement entered into between Vicki D. Morris, a tax professional, and H&R Block Eastern Enterprises, Inc. (Block), her former employer. The employment agreement included a non-competition covenant and a non-solicitation covenant. After Block informed her she was ineligible for rehire, Morris started Dreams Tax Service, Inc. (Dreams) and personally prepared ret... More...   $0 (05-17-2010 - GA)

¶1 In this appeal we consider for the first time whether Utah should recognize a cause of action for third-party spoliation of evidence. Bruce and Judith Hills sued United Parcel Service, Inc. (“UPSâ€�) and Liberty Mutual Fire Insurance Co. for destroying evidence related to the death of their son, Mark Hills. Mark Hills’ death is the subject of a wrongful-death suit against Skyline Electric ... More...   $0 (05-14-2010 - UT)

At a conference in San Antonio, Texas, Jean Ringer, principal operating officer for Global Credential Evaluators, Inc. (“GCEâ€�), approached Brian Bates about performing credentialing work for GCE. Ringer operated the GCE office in College Station, Texas. GCE owner Marilyn Hesser was located in Virginia where GCE was incorporated and headquartered. Shortly after Bates signed an agreement with... More...   $0 (05-05-2010 - TX)

In this action alleging breach of a hotel franchise agreement and federal trademark infringement, defendants Heartland Properties LLC, David W. Adams, and Betty L. Adams appeal the district court’s denial of discovery-related motions, grant of summary judgment in favor of plaintiffs La Quinta Corporation and Baymont Franchising LLC, and the award of liquidated and treble damages to Baymont. We a... More...   $0 (04-28-2010 - KY)