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=06-16899&s=CA&d=38150 Glazer Capital Management, LP and Glazer Offshore Fund Ltd. (Glazer) appeal from the district courts August 31, 2006 judgment of dismissal. Glazers claims arose after InVision Technologies, Inc. (InVision) announced, in March 2004, that it had entered into a merger agreement with General Electric (GE). Several months later, in July 2004, InVision issued a press release, casting doubt on the Mon, 1 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-15967&s=CA&d=38149 We must decide whether a United States citizen may state a claim against the U.S. Department of State under the Privacy Act for damages arising from his imprisonment in a foreign country.ALeon Rouse is a citizen of the United States. On October 4, 1995, he was arrested in the Philippines when police entered his hotel room and found him and another individual, Godfrey Domingo, undressed. Doming Mon, 1 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=CJ-195-6012&s=OK&d=38110 H.B. Krug, Kathryn Krug and Bobbie Ruth Eubanks sued Helmerich & Payne on breach of contract. fraud, and other theories claiming that they were wrongfully not compensated by defendants for natural gas produced from properties they owned that were leased to defendants for oil and gas exploration and production purposes. The claimed that H&P shut in gas wells during a contract dispute with ANR Pipe Mon, 1 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2369%20C.D.%202007&s=PA&d=38146 Latimore Township appeals an order of the Court of Common Pleas of Adams County (trial court) vacating two decisions of the Townships Board of Supervisors (Supervisors) to deny approval of two final subdivision plans submitted by M. Everett Weiser. The principal issue we consider is whether a final subdivision plan, which is substantially similar to a deemed approved preliminary plan, must be a Sat, 29 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1945&s=NH&d=38113 The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb Fri, 28 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=AC%2029183&s=CT&d=38137 The defendants, Kenneth M. Devino and One Mattoon Road, LLC,1 appeal from the judgment of the trial court clarifying its initial judgment rendered in favor of the plaintiff, Nicola Perugini. On appeal, the defendants claim that the court improperly (1) opened and modified its initial judgment more than four months after the entry of that judgment and (2) issued an injunction that was overbroad. We Thu, 27 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=180&s=NY&d=38130 Over the course of nearly six years, defendant Terrance Stradford cooperated only sporadically with his professional liability insurer, plaintiff Continental Casualty Company, in the defense of two dental malpractice actions. We are asked to determine whether plaintiff timely disclaimed coverage in those actions on the basis of Stradford's non-cooperation. Because issues of fact remain with respec Thu, 27 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-0141-cv&s=NY&d=38126 In this appeal, we address whether Section 901(b) of the New York Civil Practice Law and Rules (CPLR) which prohibits a lawsuit seeking a statutory penalty from being brought as a class action may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under New York law. Plaintiff-appellant Shady Grove Orthopedic Associates brought a class action for Thu, 27 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2673&s=RI&d=38114 Congress established the Medicare program in 1966 to provide health insurance to the elderly and disabled. See 42 U.S.C. 1395 et seq. Part A of that program covers, inter alia, expenses related to inpatient hospitalization. The amount Medicare pays for these services is generally determined under the prospective payment system (PPS). See Robert Wood Johnson Univ. Hosp. v. Thompson, 297 F.3d 273 Thu, 27 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=173%20C.D.%202008&s=PA&d=38144 In this civil service appeal, we decide whether a borough must select the top-scoring applicant for promotion, or whether it may choose from a list of the three highest scoring applicants. In particular, Wilkinsburg Borough (Borough) appeals a decision of the Court of Common Pleas of Allegheny County (trial court) that sustained the statutory appeal of Richard Colella, the top-scoring applicant, t Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1522&s=PA&d=38142 At issue is whether the Southeastern Pennsylvania Transportation Authority (SEPTA) is entitled to sovereign immunity under the Eleventh Amendment. In 1991, we determined SEPTA was not an arm of the state. Bolden v. SEPTA, 953 F.2d 807 (3d Cir. 1991) (en banc), cert. denied, 504 U.S. 943 (1992). Now SEPTA contends that subsequent changes in Eleventh Amendment jurisprudence and in SEPTAs st Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SJC-10149&s=MA&d=38123 In the early morning of August 12, 2001, several people were seriously injured, and one man killed, in an automobile accident caused by an intoxicated driver, William Powers (Powers). [FN3] Powers, along with five other men, had attended a bachelor party prior to the accident. To get to the party, the group hired a private carrier, [FN4] Ultimate Livery Service, Inc. (Ultimate), which drove them f Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008%20ME%20173&s=ME&d=38117 [1] Robert B. Campbell Jr. appeals from a judgment of the District Court (Portland, Powers, J.) dismissing his motion for reconsideration of a contempt order issued in regard to visitation with one of the parties minor children in connection with his 2006 divorce from Julia J. (St. James) Edwards. Campbell contends that the court lacked subject matter jurisdiction over one of the issues invol Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2169&s=ME&d=38111 This appeal involves the tragic death of Daniel Bennett II ("Bennett"), a mentally ill young man, when he opened fire against Maine law enforcement officers who had been called to his home. The officers responded with gunfire and Bennett was killed. Bennett's estate ("the Estate") -- his mother, Arlene Bedard ("Arlene"); his grandmother, Isabel Bedard ("Isabel"); and his sister, Laurie Hart ("Laur Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A120255&s=CA&d=38109 Jill Schaffer appeals from a judgment entered after the trial court granted respondents anti-SLAPP (strategic lawsuit against public participation) motion to strike her complaint. (Code Civ. Proc., 425.16 (section 425.16).) She contends the court erred in concluding that respondents statements, made in the course and scope of their duties as police officers, are not protected by the anti- Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=H032012&s=CA&d=38108 Plaintiff Thomas Wade sued defendants Donald and Jean Schrader (Schraders) and others, claiming that defendants had wrongfully deprived Wade of his stock in Enterprise Broadcasting Corporation (EBC). Wade settled his claims against several defendants and those settlements were judicially determined to have been in good faith. (Code Civ. Proc., 877, 877.6.)1 Wades claims against Schraders w Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-07-01451-CV&s=TX&d=38098 Following a bench trial, Linda S. Aland appeals the trial court's judgment in favor of appellee Justin A. Martin in a suit where Martin claimed Aland violated section 12.002 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. 12.002 (Vernon Supp. 2008). That statute provides for recovery of damages against persons who knowingly file fraudulent liens with intent Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-07-01447-CV&s=TX&d=38097 As part of an investment scheme, appellants transferred $1,000,000 to Stuart Kalb, a Texas attorney. Kalb disbursed a portion of the funds to appellees. Appellants sued, seeking to recover the funds from appellees through the imposition of a constructive trust. In one issue, appellants contend the trial court erred in denying their claim for relief because they were entitled, as a matter of law, t Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=416%20C.D.%202008&s=PA&d=38145 Jeffrey J. Bonifate, Kathleen D. Cooper-Moranelli, Denise Patten, Rebecca S. Horan, and Lisa L. Altemare (collectively, Bonifate) challenge the order of the Court of Common Pleas of Washington County (common pleas court) which denied Bonifates request to vacate the award of the arbitrator. The arbitrator rejected the proposition that the Ringgold School District (District) failed to grant teach Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=AC%2028260&s=CT&d=38138 The defendant, The Reardon Law Firm, P.C., appeals from the judgment of the trial court rendered in favor of the plaintiff, Angelo A. Ziotas, a former associate of the defendant. The defendant claims that the court improperly (1) looked beyond the four corners of a written employment contract between the parties, (2) construed the written stipulation between the parties and (3) found that the defe Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=176&s=&d=38131 On December 13, 1995, defendants Mehmet and Susan Erk signed a real estate contract to purchase the home of plaintiffs James J. and Kathleen D. Moran, a 5,000-square-foot ranch-style house located in Clarence, New York. The contract, which was executed by the Morans on December 22, 1995, provided for a purchase price of $505,000, and contained a rider with an "attorney approval contingency" statin Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=13-08-00192-CV&s=TX&d=38107 Appellees, Santos Salinas and his wife, Argelia Salinas, filed a health care liability claim against John T. Hannigan, a certified registered nurse anesthetist (CRNA), who is not a party to this appeal, and appellant, Fred L. Perez, M.D. In this accelerated appeal, Dr. Perez contends that the trial court abused its discretion in denying his motion to dismiss appellees' health care liability claim Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=13-07-149-CV&s=TX&d=38106 Appellant, English Marine Agency, Inc. ("English Marine"), appeals a judgment rendered on a jury verdict in favor of appellees, Border Shipyards, Inc. ("Border") and its shareholders, Jorge Gonzalez, Carl Gayman, and Ruben Barrera. By several issues, English Marine argues that (1) the evidence is legally and factually insufficient to support the jury's verdict, (2) the appellees were precluded by Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-06-00271-CV&s=TX&d=38103 This is an interlocutory appeal from the trial court's denial of a plea to the jurisdiction filed by the University of Texas as El Paso ("UTEP"). At issue is the self-care provision of the Family and Medical Leave Act. For the reasons that follow, we affirm.FACTUAL SUMMARYAlfredo Herrera was employed by UTEP as a heating, ventilation, and air-conditioning technician from 2002 to 2006. In March 200 Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-07-0305-CV&s=TX&d=38100 Presenting six points of error, appellant Wind Mountain Ranch, LLC contends the trial court erred in a rendering declaratory judgment wherein a deed of trust in its chain of title was void and a judgment lien in favor of the City of Temple is superior to the claim of Wind Mountain. We affirm. On January 4, 1978, Robert K. Utley, III, Trustee, signed a note in the amount of $1,200,000 pay Tue, 25 Nov 2008 00:00:00 CST