| Recent State and Federal Jury Verdicts And Settlements |
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Law Vegas Fetish & Fantasy Halloween Ball, Inc. v. Ahern Rentals, Inc.
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This appeal presents us with the opportunity to clarify the circumstances under which the unclean hands doctrine will bar a party from obtaining an equitable remedy. We now conclude that the unclean hands doctrine should only apply when the egregiousness of the party’s misconduct constituting the party’s unclean hands and the seriousness of the ha... More... $0 (5/11/2008 - NV )
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Pacific Coast Recovery Service, Inc. v. Janice Jean Johnston
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Plaintiff, a licensed collection agency, appeals from a judgment of dismissal, assigning error to the trial court's determination that plaintiff lacked standing to maintain this action for breach of contract. Specifically, the trial court determined that, because plaintiff's assignor had not properly registered its assumed business name under ORS 6... More... $0 (5/11/2008 - OR )
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Jan Wroncy v. Raymond Daniel Klemp
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Plaintiff appeals a judgment for defendant on her claims for assault, battery, and intentional infliction of emotional distress. Plaintiff assigns error to a ruling on an evidentiary objection and to a jury instruction. Because plaintiff's assignment of error on the evidentiary objection is dispositive, we do not reach the other assignment. We reve... More... $0 (5/11/2008 - OR )
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Profits Concepts Management, Inc. v. Greg Griffith
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A California-based company sued its former employee, an Oklahoma
resident, for breach of contract; the lawsuit was filed in the Orange County Superior
Court. The employment contract at issue provided that in any litigation involving the
contract, the prevailing party would be entitled to recover attorney fees and costs.
The former employee file... More... $0 (5/11/2008 - CA )
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Hal Owens v. M.E. Schepp Limited Partnership
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¶1 This case involves a dispute about the partition of
land held by family members as tenants in common. The issue for
decision is whether an alleged oral partition agreement was
removed from the statute of frauds by part performance.
I.
¶2 Hal Owens and the M.E. Schepp Limited Partnership
(“the Partnership”) own land at Missour... More... $0 (5/11/2008 - AZ )
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Roger and Doreene Watson v. Apache County
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¶1 Roger and Doreene Watson appeal the trial court’s summary judgment in favor of Apache County on their claim for negligent misrepresentation. The Watsons challenge the court’s rulings that the County is entitled to qualified immunity and that they failed to present or identify facts or an expert witness to establish gross negligence. For the foll... More... $0 (5/11/2008 - AZ )
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Bob Allyn Masonry and S&C Claims Services, Inc. v. David Murphy
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On his day off, respondent David Murphy, at his employer’s request, delivered equipment from his employer’s construction yard to his employer’s job site. After departing from the job site, he was injured in an automobile accident. In this opinion, we consider whether the injuries of an employee who, like Murphy, is involved in a vehic... More... $0 (5/11/2008 - NV )
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Gary K. Wolfe, et al. v. Walt Disney Pictures and Television, et al.
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Gary K. Wolf, author of the novel Who Censored Roger Rabbit?, and his company
Cry Wolf!, Inc. (collectively Cry Wolf) appeal from the judgment entered after a jury
awarded only limited damages in their breach of contract action alleging Walt Disney
Pictures and Television (Disney) had failed to fully compensate Cry Wolf for its
exploitation of ... More... $0 (5/10/2008 - CA )
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Porfirio Serrano, et al. v. Stefan Merli Plastering Company, Inc.
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Porfirio Serrano and Lourdes Serrano appeal orders requiring them to pay the
fees charged by Coast Court Reporters (Coast) for copies of deposition transcripts in a
pending action and denying their request to relieve them of fees charged for expedited
service. Coast had agreed to provide the copies to the Serranos on the condition that the
Serr... More... $0 (5/10/2008 - CA )
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Timmy Leo Haldeman v. All Roads Paving, Inc.
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Timmy Leo Haldeman and Tracy Hopkins sued All Roads Paving, Inc. on an auto negligence theory claiming that All Roads' employee failed to exercise due care in the operation of a company vehicle and, as a direct result, Plaintiffs were harmed.... More... $80,715 (5/10/2008 - OK )
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Louise Jones, et al. v. Ryan Van Deusen, et al.
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Louise Jones and Fred Jones sued Kansas City Police Officers Cory Le Moine and Ryan Van Deusen on civil rights and negligence theories claiming that the police officers used excessive force during their effort to arrest Mrs. Jones in 2004. Mrs. Jones, age 70, suffered a knee injury and Mr. Jones suffered less serious injuries at the hands of the o... More... $345,000 (5/10/2008 - MO )
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Brittany and Brandon Shinn v. Oklahoma Children's Hospital and Renny Jacob
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Brittany and Brandon Shinn sued Oklahoma Children's Hospital on a medical negligence theory claiming that their son Nathan suffered severe head injuries when a nurse failed to use due care in changing his crib sheets and, as a direct result, Nathan feel and hit his head against a night stand fracturing his skull. Nathan's father demanded a doctor t... More... $18,000,000 (5/10/2008 - OK )
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Robert Still v. Orkin
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Robert Still sued Orkin on whistleblower and retaliation theories claiming a violation of the New Jersey Conscientious Employee Protection Act for firing him after he complained of illegal activities on the part of Orkin where he worked. Robert Still, 50, told a regional manager in 2003 that his Pennsauken branch was illegally applying insecticides... More... $5,112,184 (5/10/2008 - NJ )
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Bob and Sue Burrell v. Santa Ana Pueblo, et al.
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Bob and Sue Burrell, who farmed for 17 years on 172 acres of leased tribal land, claimed that their rights were violated by Jerry Kinsman, Lawrence Montoya, Leonard Armijo and the Santa Ana Pueblo when they were prohibited from baling hay at night in 1997 after a noise complaint. They claimed that the actions taken against them were based on illega... More... $1,300,000 (5/10/2008 - NM )
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Tires 'N Tracks Inc. v. City of Lisle
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Tires 'N Tracks Inc. sued the City of Lisle on a breach of contract theory claiming that the City wrongfully failed to construct a relief sanitary sewer. Plaintiff claimed that Defendant directed it to continue work despite increased costs and then declined to pay for the additional work and withheld the last interim payment and retainer owed to th... More... $914,000 (5/10/2008 - IL )
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Williston Basin Interstate Pipeline Company v. An Exclusive Gas Storage Leasehold and Easement in the Cloverly Subterranean Geological Formation, etc.
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Williston Basin Interstate Pipeline Company (Williston)
claims that it has lost and is continuing to lose natural gas
stored in its Elk Basin Storage Reservoir due to the operation
of gas production wells owned by Howell Petroleum Corporation
and Anadarko Petroleum Corporation (Howell/
Anadarko). Two of those wells are located within the later... More... $0 (5/10/2008 - MT )
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Kenneth L. Reusser v. Wachovia Bank, N.D., et al.
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We must decide whether alleged fraud in a state court home
foreclosure proceeding during the homeowners’ bankruptcy
can be re-visited in federal court.
I
A
In December 2001, Kenneth and Gertrude Reusser received
an $860,000 loan from Long Beach Mortgage Company, placing
as collateral a home that had been in Kenneth’s family fo... More... $0 (5/10/2008 - OR )
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Maria Torres, et al. v. City of Madera, et al.
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In this interlocutory appeal, we face an issue remarkably
similar on its facts to that faced by the Fourth Circuit in Henry
v. Purnell, 501 F.3d 374 (4th Cir. 2007). There, a deputy sheriff,
intending to deploy a Taser device holstered near his firearm,
instead drew and fired his service weapon, wounding a
suspect fleeing arrest. Here, Madera ... More... $0 (5/10/2008 - CA )
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Philip and Phyllis Sutula and Dr. John Stien v. The Landings Lakeside, LLC and Kevin Owens
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Plaintiffs claimed that Defendants breach their contracts with them by not completing the condominiums purchased by them when promised, that defendants made false representations regarding construction, that they failed to notify the plaintiffs that a stop work order was issued by the city of Duluth, and that they had no plan to complete the work i... More... $800,000 (5/9/2008 - MN )
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Sheryl Rogers v. United States Postal Service, et al.
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Sheryl Rogers sued the United States Postal Service on a civil rights theory, 42 U.S.C. 2000e, claiming that she was discriminated against because she is African-American (Black). Rogers claimed that she was harassed beginning in 1999, when she was assigned to a new area of the post office. Rogers testified that she endured chants of racial epithet... More... $382,500 (5/9/2008 - IA )
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Payless Shoesource Inc v. Adidas-Salomon AG et al
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Payless Shoesource, Inc. sued Adidas America, Inc. and Adidas-Salomon AG on a trademark theory claiming that Adidas' stripes on clothes are not distinctive enough to be trade marked.
Defendants counterclaimed asserting that Payless was infringing their trademark for running shoes.... More... $300,000 (5/9/2008 - KS )
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City of Alexander v. Royal Doss
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The City of Alexander, hereinafter “the City,” appeals from an order of the Pulaski
County Circuit Court awarding Royal Doss $6,180 for maintaining a ditch on a city right-ofway
adjacent to Doss’s property. On appeal, the City argues: 1) the trial court erred in
finding that the City was not entitled to immunity under Arkansas Code Annotated sec... More... $0 (5/9/2008 - AR )
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Robert Barber v. Earle Blackford
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The Independence County Circuit Court granted judgment in the amount of
$4,366.12 to appellee Earle Blackford on November 27, 2007, following a bench trial. The
trial court found that appellant Robert Barber had been unjustly enriched at the expense of
appellee as a result of appellant’s repossession of a trailer appellee was purchasing from him... More... $0 (5/9/2008 - AR )
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Florine McDonald v. Randel Wayne Brown, M.D., et al.
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This is a medical-malpractice and wrongful-death case. Appellants Florine McDonald
and Babbye Davis, as co-personal representatives of the Estate of Miriam Davis, deceased,
appeal from an order of the Jefferson County Circuit Court granting the motions of appellees
Randel Brown, M.D. (Brown), and Jefferson Hospital Association, Inc., d/b/a Jeffe... More... $0 (5/9/2008 - AR )
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Adidas AG v. Sears Holdings Corp d/b/a Kmart
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Adidas AG sued Sears Holdings Corp. d/b/a Kmart on a trademark infringement theory claiming that defendant copied plaintiff's three-stripe design motif by selling athletic shoes with sets of two and four stripes. ... More... $1 (5/9/2008 - OR )
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North Star Mutual Insurance Company v. Brad Peterson, et al.
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[¶1.] This case involves a question of automobile insurance coverage for injuries sustained when a gun discharged while deer hunters were waiting to be transported to the fields. The circuit court found that the automobile liability policy covered the gunshot injuries.
[¶2.] Milbank Insurance Co. (Milbank) issued the automobile liability po... More... $0 (5/9/2008 - SD )
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Cemen Tech, Inc. v. Three D Industries, LLC, et al.
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When the defendants in this case began to manufacture a cement
mixer similar to one manufactured by Cemen Tech (CTI), CTI sued them,
alleging breach of contract, misappropriation of trade secrets, unfair
competition, and breach of fiduciary duty. The district court granted the
defendants’ motion for summary judgment on virtually all of the
pla... More... $0 (5/9/2008 - IA )
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Mary E. Green v. Alpharma, Inc., et al.
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This appeal arises from an order of the Washington County Circuit Court granting
summary judgment in favor of Appellees George’s Farms, Inc.; George’s Processing, Inc.
(collectively “George”); Simmons Foods, Inc.; Simmons Poultry Farms, Inc. (collectively
“Simmons”); Peterson Farms, Inc. (“Peterson”); and Tyson Foods, Inc. (“Tyson”). The
circui... More... $0 (5/9/2008 - AR )
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Ricky D. Compton v. Country Mutual Insurance Company
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The plaintiff, Ricky Compton, filed an action against the
defendant, Country Mutual Insurance Company (Country Mutual), for
declaratory judgment, breach of contract and consumer fraud on
behalf of himself and similarly situated individuals. In his
complaint, the plaintiff maintained that Country Mutual's
practice of placing liens on insurance ... More... $0 (5/8/2008 - IL )
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ABN Amro Services Company, Inc. v. Navarrete Industries, Inc. d/b/a INS Integrated Securities Solutions, Inc.
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On September 11, 2006, plaintiffs, ABN AMRO Services Co., Inc., LaSalle Bank
Corporation, and LaSalle Bank NA, filed a verified complaint for injunctive relief and damages
against defendants, Navarrete Industries, Inc., doing business as INS Integrated Security
Solutions, Inc. (collectively INS), George Konjuch, and Armando and Ana Navarrete (Ar... More... $0 (5/8/2008 - IL )
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Farmers Automobile Insurance Association v. Stephen Wroblewski and Gloria Wroblewski
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Plaintiff Farmers Automobile Insurance Association (Farmers)
filed a declaratory judgment action against its insureds Stephen
and Gloria Wroblewski (Wroblewski),1 seeking a judgment that
Farmers was not obligated to provide uninsured motorist coverage
to Wroblewski in connection with a traffic accident involving
Wroblewski and Sharon Drolet, w... More... $0 (5/8/2008 - IL )
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Christine Moore v. Forrest City School District
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After several unsuccessful attempts to obtain a promotion from teacher to
assistant principal, Christine Moore sued the Forrest City School District ("the School
District") and its superintendent, Lee Vent, in his official capacity, claiming racial
discrimination and retaliation in violation of Title VII, 42 U.S.C. §§ 1981 and 1983.
After a two... More... $0 (5/8/2008 - AR )
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Pamela Steed v. Michael J. Astrue
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Pamela Steed appeals the district court's1 order affirming the Commissioner's
denial of social security disability and supplemental security income benefits. We
affirm.
I. BACKGROUND
At the time of her hearing in June 2005 before the Administrative Law Judge
(ALJ), Steed was a thirty-two-year-old woman with a high school diploma ... More... $0 (5/8/2008 - AR )
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Jose Garcia-Aguillon v. Michael B. Mukasey
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Jose Domingo Garcia-Aguillon, a citizen and native of Mexico, seeks review
of an order of the Board of Immigration Appeals (BIA) that summarily affirmed and
adopted the decision of an immigration judge (IJ) denying Garcia-Aguillon’s request
for voluntary departure and ordering his removal to Mexico. We dismiss the petition
for review for lack o... More... $0 (5/8/2008 - MO )
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Alfred Bone Shirt v. Joyce Hazeltine
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Alfred Bone Shirt, Belva Black Lance, Bonni High Bull, and Germaine Moves
Camp (“plaintiffs”) challenge the district court’s1 order denying their motion for
expert witness fees under section 6 of the “Fannie Lou Hamer, Rosa Parks, and
Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006,”
42 U.S.C. § 1973l(e) (the “VR... More... $0 (5/8/2008 - SD )
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William Benton v. Merrill Lynch & Company
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William B. Benton and approximately forty other investors appeal the district
court's1 orders dismissing their Complaint and Amended Complaint for failure to state
facts on which relief could be granted under two theories of recovery–violation of the
Arkansas Securities Act and common law fraud. We affirm.
I
This action was filed... More... $0 (5/8/2008 - AR )
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David Dill v. General American Life Ins.
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Following a seven-day trial, a jury awarded David Dill damages on his
negligent and fraudulent misrepresentation claims against General American Life
Insurance Company ("General American"). Following the entry of judgment, General
American filed a renewed motion for judgment as a matter of law, which the district
court2 dismissed for lack of ju... More... $0 (5/8/2008 - AR )
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Charles Williams v. City of Carl Junction
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Charles E. Williams appeals a District Court judgment awarding attorney fees
under 42 U.S.C. § 1988(b) to the City of Carl Junction, Missouri, (the “City”) and to
the City's Mayor, Administrator, and Police Chief (collectively, "defendants"). The
District Court awarded over $157,000 in fees after this Court affirmed the entry of
summary judgmen... More... $0 (5/8/2008 - MO )
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James Kiser, et al. v. J. Peter Jungbacker, et al.
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The appeal in this class action springs from the
award of attorney fees and costs in the settlement liquidating a commercial real
estate investment limited partnership. The general partner and its general partners
and affiliated entities appeal from the order approving the class action settlement
and awarding attorney fees and costs, specifical... More... $520,000 (5/7/2008 - WI )
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Nic J. Eichenseer v. Madison-Dane County Tavern League, Inc., et al.
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This is an antitrust case. The
plaintiffs1 accuse 24 taverns in the immediate vicinity of the
University of Wisconsin campus in Madison and the Madison-Dane
County Tavern League, Inc. (collectively, the defendants) of
horizontal price-fixing violations under Wis. Stat. § 133.03(1)2
because, in response to pressure from city government to ban a... More... $0 (5/7/2008 - WI )
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Chermane Smith, et al. v. City of Chicago, et al.
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The Chicago Police Department,
acting under the Illinois Drug Asset Forfeiture Procedure
Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property
belonging to the plaintiffs. In response, the plaintiffs filed
this case, under 42 U.S.C. § 1983, claiming that when
property is seized under the Act, due process requires that
they be given a pr... More... $0 (5/6/2008 - IL )
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Louis W. Miller and Richard J. Royals v. American Airlines, Inc.
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Plaintiffs Louis Miller and
Richard Royals, ages eighty and seventy-five years old
respectively, have sued their former employer, American
Airlines, Inc. for failing to offer them a position with
salary comparable to that of their previous job of flight
engineer, which they held until May of 2002. Because the
arbitrator determined that the co... More... $0 (5/6/2008 - IL )
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Prima Tek II v. Klerk's Plastic Industries, B.V.
and Klerk's Plactice Products Manufacturing, Inc.
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This case involves a licensing
dispute between two companies that operate in the pot
cover business. Prima Tek II (“PTII”), in essence, gave
Klerk’s Plastic (“Klerks”) permission to use its technology
to create superior pot covers in exchange for a royalty
fee on each sale. The agreement between the parties
delineated the type of product that... More... $0 (5/6/2008 - IL )
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Yvette Arledge, et al. v. Juanita Francis Ricks, etc., et al.
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Appellants Yvette Arledge, D'Anne Arledge, Shane Arledge, Shawn Hughes, Sol E. Arledge, Jr., Individually, and as Independent Executor of the Estate of Willie Dorothy Arledge, Carl Brite, and Evelyn Brite appeal from the trial court's denial of their request for a temporary injunction against Juanita Francis Ricks, Trustee of the Ricks Family Trust... More... $0 (5/6/2008 - TX )
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Thomas Louis v. Mobil Chemical Company, et al.
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After his employment with Mobil Chemical Company ceased, Thomas Louis sued his former employer and two supervisors, James Bowser and Randall Roy, for intentional infliction of emotional distress, defamation, and retaliation. The trial court granted summary judgment for all defendants... More... $0 (5/6/2008 - TX )
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Ashanti Davis and Ashley Davis v. Dillard's Department Store, Inc.
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Asserting various theories of recovery, Ashanti Davis and Ashley Davis sued Dillard's Department Store, Inc. for damages allegedly sustained by them as a result of an incident that occurred while they were in a Dillard's store. Ashanti and Ashley appeal from the trial court's summary judgment entered in favor of Dillard=s. We affirm.
Ashant... More... $0 (5/6/2008 - TX )
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Harris County Hospital District v. Textac Partners I, et al.
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In this appeal, the Harris County Hospital District (AHospital District@) appeals the trial court=s dismissal of its condemnation action, in which it sought to acquire property owned by Textac Partners I (ATextac@) as part of an LBJ Hospital expansion project. In its first three issues, the Hospital District contends that the trial court erred in ... More... $0 (5/6/2008 - TX )
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Melvin Johnson v. James Brian Hawkins, II and Banks & Hawkins
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On July 28, 2005, appellant sued appellees for legal malpractice. The case was set for trial on September 26, 2006, but was not reached. That same day, the Honorable David Evans, the trial judge for the 193rd Judicial District Court, issued an order resetting the case for trial on February 20, 2007 at 8:30 a.m. The order stated “*Parties are to ann... More... $0 (5/6/2008 - TX )
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Sankararao Tamtam, M.D., P.A. v. Lee Waters, Individually and as Legal Heir and
Representative of the Estate of Josephine Waiters
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Josephine Waiters was a resident at the Guadalupe Valley Nursing Center G.P., L.L.C. and was under the care of Dr. Sankararao Tamtam. Ms. Waiters suffered from a number of medical problems including gout and renal failure. On or about May 12, 2004, Dr. Tamtam prescribed the medication Allopurinol for Ms. Waiters in response to her com... More... $0 (5/6/2008 - TX )
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Jerusalem Presbyterian Church v. Mission Presbytery, et al.
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Jerusalem Presbyterian Church and Arnold Benitez appeal the trial court's temporary injunction order that enjoins Benitez from taking possession and asserting ownership over church property. Because the issues in this appeal involve the application of well-settled principles of law, we affirm the trial court's judgment in this memorandum opinion.
... More... $0 (5/6/2008 - TX )
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Chermane Smith, et al. v. City of Chicago, et al.
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The Chicago Police Department,
acting under the Illinois Drug Asset Forfeiture Procedure
Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property
belonging to the plaintiffs. In response, the plaintiffs filed
this case, under 42 U.S.C. § 1983, claiming that when
property is seized under the Act, due process requires that
they be given a pr... More... $0 (5/5/2008 - IL )
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David Dill v. General American Life Insurance Company, et al.
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Following a seven-day trial, a jury awarded David Dill damages on his
negligent and fraudulent misrepresentation claims against General American Life
Insurance Company ("General American"). Following the entry of judgment, General
American filed a renewed motion for judgment as a matter of law, which the district
court2 dismissed for lack of ju... More... $0 (5/5/2008 - AR )
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Charles E. Williams v. City of Carl Junction, Missouri, et al.
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Charles E. Williams appeals a District Court judgment awarding attorney fees
under 42 U.S.C. § 1988(b) to the City of Carl Junction, Missouri, (the “City”) and to
the City's Mayor, Administrator, and Police Chief (collectively, "defendants"). The
District Court awarded over $157,000 in fees after this Court affirmed the entry of
summary judgmen... More... $0 (5/5/2008 - MO )
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Ladawnya K. Carpenter, et al. v. Leslie Wayne Bowling, et al.
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Three City of Franklin (Ohio) police officers argue that the district
court erred in denying their motion for summary judgment with respect to Charles Combs’ unlawfularrest
and unlawful-entry claims and Ladawnya Carpenter’s excessive-force claim. We affirm.
I.
In July 2002, an Ohio court entered a consent agreement between Sarah K... More... $0 (5/5/2008 - OH )
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Sam Wrights, Jr. v. Kim L. Hamilton-Wright
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Sam Wright, Jr., husband, appeals a decree of the trial court granting Kim L. Hamilton-Wright, wife, a divorce a vinculo matrimonii. On appeal, husband raises numerous arguments concerning the trial court’s equitable distribution, spousal support, and attorney’s fees awards. Husband also argues the written statement of facts was not properly made p... More... $0 (5/4/2008 - VA )
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Brenda L. Stanley v. Suthipan Chevathanarat
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This is an appeal by Brenda L. Stanley, appellant/plaintiff below, from an adverse jury verdict in a medical malpractice action that was tried before a jury in the Circuit Court of Logan County. The case was brought against Dr. Suthipan Chevathanarat, appellee/defendant below (hereinafter “Dr. Chevy”), on the theory that Dr. Chevy faile... More... $0 (5/4/2008 - VA )
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Simpson Strong-Tie Company, Inc. v. Pierce Gore, et al.
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An attorney published a newspaper advertisement stating that users of certain
brand name galvanized screws under specified circumstances “may” have legal rights to
compensation or other relief. The manufacturer of one of the named brands brought this
action for defamation, trade libel, false advertising, and unfair business practices. We are
ca... More... $0 (5/4/2008 - CA )
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Jerry Doran v. 7-Eleven, d/b/a 7-Eleven Southland Corp.
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We review an order of the district court granting summary
judgment to 7-Eleven, Inc. in Jerry Doran’s suit under the
Americans With Disabilities Act (“ADA”). We affirm the district
court’s summary judgment on certain alleged ADA violations
Doran encountered or of which he had personal
knowledge. However, because the district court erred in con... More... $0 (5/4/2008 - CA )
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P.A. Building Company v. City of New York
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In this protracted landlord-tenant dispute, we are
asked to decide whether asbestos abatement costs incurred by the
landlord were operating expenses under the terms of the relevant
commercial leases. We conclude that they were not. As a result,
the landlord improperly billed these costs to the tenant as
additional rent under the leases' escala... More... $0 (5/4/2008 - NY )
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Worth Construction Co., Inc. v. Admiral Insurance Company
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Clayton Park Development, LLC, owner of real property
situated in White Plains, New York, retained plaintiff Worth
Construction Co., Inc. as general contractor for the construction
of an apartment complex. Worth subcontracted with Pacific Steel,
Inc. for construction of a staircase and handrailings. As part
of the subcontract, Pacific provided... More... $0 (5/4/2008 - NY )
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Trevek Enterprises, Inc. v. Victory Contracting Corporation
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Pursuant to General Statutes § 33-921
(a),1 a foreign corporation that has conducted business
in this state without having a certificate of authority
from the secretary of the state must obtain such a certificate
in order to maintain a proceeding in a Connecticut
state court. Section 33-921 (b) imposes a similar constraint
on an assignee of a... More... $0 (5/4/2008 - CT )
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Rudolph V. Bailey, Sr. v. Acme/ASCO/Albertson's Inc.
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(1) The plaintiff-appellee, Rudolph V. Bailey, Sr., filed an appeal
from the Superior Court’s June 19, 2007 order granting the motion for
summary judgment of the defendant-appellee Acme/Asco/Albertson’s Inc.
(“Acme”). We find no merit to the appeal. Accordingly, we affirm.
(2) The record reflects that Bailey, acting pro se, filed a tort ... More... $0 (5/4/2008 - DE )
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Jill B. Savedoff v. Access Group, Inc.
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In this diversity class action, brought pursuant to the Class Action
Fairness Act, 28 U.S.C. § 1332(d) (2006), Defendant Access Group, Inc. (“Access Group”) appeals
the district court’s denial of Access Group’s motion for summary judgment and its grant of Plaintiff
Jill B. Savedoff’s (“Savedoff”) motion for partial summary judgment on the issue ... More... $0 (5/3/2008 - OH )
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Mary Catherine MacQuire v. City of Graham
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Mary Catherine MacQuire sued the City of Graham, Ted Van Beek and Jeff Durbin on a civil rights violation theory, 42 U.S.C. 1983, claiming that she was wrongfully harmed as a result of being banned for 90 days from a city park for illegally camping along the Springwater Trail in a transient camp known as "The Swamp." It turned out that the land wh... More... $80,000 (5/3/2008 - OR )
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Family and Estate of Hermes Villarreal v. Rio Grande Regional Hospital, et al.
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The Family and Estate of Hermes Villarreal sued the Rio Grande Regional Hospital Inc. and Columbia Rio Grande Healthcare L.P., d/b/a Rio Grande Regional Hospital on a medical negligence (medical malpractice) theory for the wrongful death of Mr. Villarreal who committed suicide while a patient in defendants' hospital. Villarreal, age 41, was a suc... More... $9,000,000 (5/3/2008 - TX )
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Chiarra Carriere Bacque v. City of Scott, et al.
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Chiarra Bacque sued police officer Byron Romero and the City of Scott on a civil rights theory, 42 U.S.C. 1983, claiming that Romero used excessive force when he shot Ken Bacque to death after responding to a report of a family quarrel in 2004. Romero shot Bacque twice after he arrived at the Bacque
family business to intervene in an argument be... More... $1 (5/3/2008 - LA )
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Elsie Marie Allen v. Choice Motels International, Inc.
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This case arises out of a fire at a Comfort Inn and Suites
(the “Comfort Inn”) which killed six hotel guests and injured
twelve others. Appellants, guests who were injured in the fire and
personal representatives of those who perished, brought wrongful
death and personal injury claims against Ron Gedda (“Gedda”) and
his company, R.G. Hospitali... More... $0 (5/3/2008 - SC )
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Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC
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The primary question in this case is whether a realtor who represented the lessee in
a complex commercial lease transaction had a duty to inform the lessor, after the lease
was signed but before the lessee took possession, that the lessee’s ability to perform the
conditions of the lease was jeopardized by its deteriorating financial condition. T... More... $0 (5/2/2008 - CA )
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Charlotte Tilton v. Southern California Gas Co.
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Charlotte Tilton, individually and on behalf of
Kyle Tilton, a minor, sued Southern California Gas Co. on a negligence theory claiming that he was injured and damaged in a 2005 accident with truck owned by defendant. Plaintiff claimed that defendant's employee ran a red light and his a car in which plaintiff, age 14, was a passenger.
The d... More... $15,000,000 (5/2/2008 - CA )
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Francisco Rene Molina v. PLS Check Cashers of Arizona
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Francisco Rene Molina sued PLS Check Cashers of Arizona on a wrongful termination
theory claiming that she was fired for complaining about
being told to pass fake $100 bills to customers as a way
of not taking the loss for having taken the bills in during
normal business activities.
PLS claimed Molina was fired because he used his po... More... $16,000 (5/2/2008 - AZ )
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Helen White v. Richard Minton
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Helen White sued Richard Minton on a premises liability
negligence theory claiming that she was injured at her Alton,
Illinois home which was owned by defendant. White
claimed that she injured her left ankle on February 18, 2006, when
she stepped into a hole located in the common lawn
area, fracturing her ankle.
Defendant claimed tha... More... $0 (5/2/2008 - IL )
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Alexnader Nuxoll v. Indiana Prairie School District #204, et al.
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The plaintiff, a sophomore at
Neuqua Valley High School, a large public high school
in Naperville, Illinois, has brought suit against the school
district and school officials contending that they are
violating his right to free speech by forbidding him to make
negative comments at school about homosexuality. He
moved for a preliminary injunct... More... $0 (5/2/2008 - IL )
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Jason Maris, P.A. v. Tadd Hendricks,e t al.
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In this accelerated, interlocutory appeal, Appellant Jason Maris, P.A.-C appeals the trial court=s order denying his motion to dismiss the health care liability claims of Appellees Tadd Hendricks, as independent executor of the estate of Melissa Hendricks, deceased, and Tadd Hendricks, individually and as next friend of Joshua and Daniel Hendricks,... More... $0 (5/2/2008 - TX )
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Christine M. Money v. Tyrrell Flowers and Continental Western Group
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The appellee, Christine M. Money, suffered an injury while
working for Tyrrell Flowers in Lincoln, Nebraska. Afterward,
she moved 75 miles away to Table Rock, Nebraska. This appeal
presents two issues. First, in determining Money’s loss of earning
power, did the trial judge err by excluding Lincoln and
finding that the relevant labor market wa... More... $0 (5/2/2008 - NE )
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Sherry Rollins v. City of Frederick
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Sherry Rollins sued the City of Frederick, Maryland on a governmental tort claim negligence theory claiming that Frederick Police Officer Dale Renninger failed to exercise due care when riding a city bicycle and injured her when he hit her with it. Rollins claimed that Renninger was not paying attention, was reckless and traveling at an excessive s... More... $0 (5/2/2008 - MD )
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Kosmore Malcom, et al. v. Palm Beach County
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Kosmore Malcom, et al. sued Palm Beach County on a false arrest theory claiming that he was wrongfully arrested by a Palm Beach County deputy sheriff during a street melee. Malcom's son Kosmore was arrested by the deputies who were called to a police disturbance on Stacy Street in November 2002. Former deputy Jason Hagar detained Herring, then sc... More... $132,000 (5/2/2008 - FL )
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Daniel Elan v. Palm Beach County and Joelle Bean
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The Estate of Daniel Elan and Fednel Demosthene sued Palm Beach County and Joelle Bean on a governmental tort claim theory claiming that office Joelle Bean failed to exercise due care in the operation of her county police cruiser and, as a direct result, an accident occurred and Elan was killed and Demosthene was severely injured. Daniel Elan, 60,... More... $1 (5/2/2008 - FL )
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William "Buddy" Lynch v. Riverside Medical Center, et al.
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William "Buddy" Lynch, age 44, sued Riverside Medical Center and Debbie Sall on a medical negligence theory (medical malpractice) claiming that Sall failed to exercise due care when she told who had one hand as the result of an accidental gunshot wound he suffered as a teen, was asked to "push and pull" a 170-pound sled for about 50 feet. He furth... More... $3,300,000 (5/2/2008 - IL )
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Enpalm, LCC, et al. v. The Teitler Family Trust, etc., et al.
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Defendants Tracy P. Teitler, Teitler Investments, and the Teitler Family Trust
appeal from the order reducing their award of contractual attorney fees after they were
awarded judgment in a real estate fraud and breach of contract action. We hold that the
trial court properly applied equitable principles to reduce the fee award and therefore
aff... More... $0 (5/2/2008 - CA )
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Midcoast Cohousing Land Acquisition, LLC v. The Riverhouse Trust
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[¶1] Midcoast Cohousing Land Acquisition, LLC (Midcoast) appeals a
summary judgment entered in the District Court (Wiscasset, Westcott, A.R.J.) in
favor of Helen Warren Weld and Robert K. Strachan as trustees of the Riverhouse
Trust. Midcoast argues that the court erred in concluding that: (1) the doctrine of
stranger to the deed does not apply... More... $0 (5/1/2008 - ME )
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