http://www.morelaw.com Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-30515&s=la&d=42043 Plaintiff Earl Borden (Borden) appeals a grant of summary judgment in favor of Defendants Allstate Insurance Company (Allstate) and insurance agent Greg Ruiz (Ruiz) denying coverage for his Hurricane Katrina flood loss. Borden argues that the district court lacked subject matter jurisdiction and, alternatively, that material fact issues precluded summary judgment. We hold that th Sat, 21 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-13042&s=AK&d=42050 Robin Pepper sued an Anchorage debt collection agency and its lawyers, claiming that they violated Alaskas Unfair Trade Practices and Consumer Protection Act (UTPA) when they: (1) sued Pepper in state district court without first sending a written demand, (2) misrepresented to the court that Pepper was competent, and (3) applied for default judgment without first informing Peppers attorney. Fri, 20 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-04112&s=MN&d=42038 Fair Isaac sued Equifax and others on trademark infringement, unfair competition and a deceptive trade practice theories claiming that Defendants' credit scoring system that competes with Plaintiff's widely used "FICO" scoring system.Experian and TransUion called their credit scoring system "VantageScore" and used ratings from 501 to 990 while plaintiff used 300 to 850. Fri, 20 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1:07-cv-07628-CM&s=NY&d=42036 Alexander Alhovsky sued Officer Thomas Ryan and others on a civil rights violation theory under 42 U.S.C. 1983 claiming that he sustained physical and emotional injuries for being arrested without probable cause for leaving a a divice for inflating balloons in a Starbucks in 2006. Alhovsky, who is a professional clown, left the device in the Starbucks. Store employees called the New York Police Fri, 20 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=FL&d=42035 Cindy Naugle sued Philip Morris on a products liability theory claiming that the cigarettes manufactured and sold by it were defective and unreasonably dangerous. As a direct result of smoking, Plaintiff developed severe emphysema from being addicted to nicotine and from smoking for 25 years. Naugle, age 61, gave up smoking in 1993. She cannot walk but a few steps.Philip Morris denied responsi Fri, 20 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1004&s=CO&d=42034 Plaintiffs-Appellants Berry & Murphy, P.C. and Timothy H. Berry, P.C. (plaintiffs) appeal the district courts grant of summary judgment to Defendant- Appellee Carolina Casualty Insurance Company (Carolina Casualty) on plaintiffs claim for insurance coverage for a malpractice lawsuit. Plaintiffs filed their action in state court and Carolina Casualty removed the case to federal co Fri, 20 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-4068&s=UT&d=42032 In this ongoing action under 42 U.S.C. 1983, a previous panel of this court determined that various material factual disputes remained regarding the constitutionality of the near two-hour early morning detention of Melissa Harman and Justin Overton (or the Plaintiffs), and the corresponding after-midnight searches of their garage apartment conducted by officers who worked for the Utah Dep Fri, 20 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%2054&s=NV&d=42044 Appellants Patricia Fierle and her husband, Daniel Fierle, filed a complaint against Dr. Jorge Perez, members of his staff, and his professional medical corporation. The complaint stemmed from an incident where Patricia suffered severe burns from chemotherapy treatment that Dr. Perezs staff administered. After initially failing to attach an expert affidavit to the complaint, the Fierles then Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B204047&s=CA&d=42042 Plaintiff and appellant Robert Davis (Davis) appeals a judgment of dismissal following the sustaining without leave to amend of a demurrer interposed by defendant and appellant Ford Motor Credit Company LLC (Ford) to Daviss original complaint.Ford also appeals, seeking review of a postjudgment order denying its motion for attorney fees.This litigation relates to Fords billing practices u Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B201439&s=CA&d=42041 Plaintiffs and Appellants St. Jude Medical S.C., Inc. (SC) and Pacesetter, Inc. (Pacesetter) (collectively, St. Jude), along with employees Deana Dowell, Steven Chapman and Claudio Plaza, sued Defendant and Cross-appellant Biosense Webster, Inc. (Biosense) to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, including agreements it had wit Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B205735&s=CA&d=42040 A jury found that defendant CB&I Constructors, Inc. (defendant) negligently sparked a brush fire that caused significant damage to a ranch (the property) owned by plaintiff Martin Kelly (plaintiff). Because plaintiff had a personal reason to restore the property, the jury awarded plaintiff substantially more in damages to restore the property than the property was worth immediately before the fire Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=H033464&s= C&d=42039 This appeal follows a judgment of dismissal, entered after the trial court sustained the defendants demurrer without leave to amend. At issue is whether the defendant engaged in actionable conduct when it refused to permit the installation of a new mobile home in its mobile home park, to replace an older one that the plaintiff had inherited. As alleged in the complaint, the defendants refusa Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=4:09-cv-00624-GKF-TLW&s=OK&d=42030 LaQuita Reherman sued St. John Health Systems, Inc. on a civil rights violation theory under the Americans With Disabilities Act (ADA) claiming that Defendant failed to accommodate her job as a scrub technician. Plaintiff who is hearing impaired could not function in operating rooms where doctors insisted on playing loud music while performing surgery. Plaintiff was removed from her operating ro Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B200006&s=CA&d=42029 In this products liability lawsuit, plaintiffs Richard Merrill and Tamara Merrill sued defendants Leslie Controls, Inc. (Leslie Controls) and Elliott Company for Richard Merrills injuries caused by exposure to asbestos-containing products. Leslie Controls appeals from a judgment for plaintiffs. We conclude that plaintiffs have not shown that Leslie Controls manufactured, supplied, or distribute Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-4181,%20etc.&s=LA&d=42028 Plaintiffs sued the United States Corp of Engineers on a governmental tort claim theory claiming that the Corp negligently failed to maintain the Mississippi River-Gulf Outlet and, as a direct, result winds, rain and flooding associated with Hurricane Katrina breached the navigation channel's levies flooding the Lover Ninth Ward of New Orleans. The stormed killed 1,600 people in Louisiana and Mis Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-35619&s=WA&d=42027 The False Claims Act (FCA) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relatora whistle-blowing employee, a business partner or competitorbrings suit for the benefit of the United States. Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A137017&s=OR&d=42049 This case concerns a landlord's liability for harm to a tenant's guest caused by the dangerous condition of a tenant improvement to leased property. Plaintiff was seriously injured when he fell while descending stairs to the entrance of a manufactured dwelling. The dwelling was situated in a leased space in a mobile home park. Plaintiff filed negligence claims against Archuleta, the owner of th Wed, 18 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A137006&s=OR&d=42048 Defendant issued an automobile liability insurance policy and a personal umbrella policy covering a car involved in an accident that resulted in the death of plaintiff's husband. The auto policy contains an omnibus clause that provides that the policy covers anyone using the car with the permission of the "policyholder." Plaintiff brought an action against the driver and a passenger in the car, Wed, 18 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A133563&s=OR&d=42047 The parties organized a limited liability company (LLC), ORS 63.001(17), for the purpose of developing a residential subdivision. Plaintiff later brought this action against defendants for damages for breach of contract, breach of fiduciary duty, fraud, and an accounting. His claims arise out of defendants' alleged wrongful conduct in carrying out the terms of the operating agreements that gover Wed, 18 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A137804&s=OR&d=42046 Medford School District 549C adopted a policy that prohibits its employees from possessing firearms on school district property or at school-sponsored events. Plaintiff, a school district employee who wishes to carry a handgun while teaching, initiated this declaratory judgment action challenging the lawfulness of that policy. The scope of that challenge is a narrow one: Plaintiff contends that Wed, 18 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A142351&s=OR&d=42045 Petitioner, Willamette Oaks, LLC, seeks review of the Land Use Board of Appeals (LUBA) decision affirming the City of Eugene's (city) approval of a zone change for certain land from medium-density residential to limited high-density residential, contending that LUBA's order is unlawful in substance. We review pursuant to ORS 197.850 and, on review, hold that LUBA improperly concluded that the cit Wed, 18 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-8001&s=WY&d=42033 Dr. Marvin Wayne Couch appeals from summary judgment entered in favorof defendants, Memorial Hospital of Carbon County (MHCC), a small ruralhospital where he has staff privileges, the hospitals chief administrator, and sixof the ten other physicians who have privileges at MHCC. Dr. Couch brought thisaction, pursuant to 42 U.S.C. 1983, to remedy an alleged deprivation of his FirstA Tue, 17 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SC89840&s=MO&d=42022 Saint Louis University (SLU) and Paulo Bicalho, M.D., appeal the judgment in favor of Phillip Sgroi and his wife, Alice Geary, in a medical negligence action. A jury found Dr. Bicalho negligent for failing to timely diagnose and treat Mr. Sgrois fractured hip and found SLU, Dr. Bicalhos employer, vicariously liable for his negligence. SLU and Dr. Bicalho present three issues on appeal: Tue, 17 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SC89936&s=MO&d=42021 The Watsons brought actions for ejectment, trespass, quiet title and the establishment of an easement by prescription against the Menses regarding parcels of farmland. The trial court found in favor of the Watsons. The trial courts judgement as to ejectment damages is reversed. The trial court is required to enter a more definite legal description of the new borderline between the partys par Tue, 17 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SC90085&s=MO&d=42020 Steve and Anita Ritchie sued Allied Property and Casualty Insurance Company seeking $300,000 in underinsured motorist coverage under their Allied policy for the wrongful death of their daughter, Kelsey Ritchie. The trial court held that the Ritchies were entitled to recover this amount, finding the anti-stacking and set-off provisions of the policy unenforceable.This Court affirms, but on differen Tue, 17 Nov 2009 00:00:00 CST