http://www.morelaw.com Evidence 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=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=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=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=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=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=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=WD69441&s=MO&d=42019 Following a jury verdict, Frederick and Barbara Beaty appeal a judgment denying their medical negligence claims against the defendants, St. Lukes Hospital of Kansas City, Dr. Desmond Young, Cardiovascular Consultants, P.A., and Dr. Martin Zink III. The Beatys contend the circuit court abused its discretion in: (1) allowing a treating physician to testify as a defense expert after the physician Tue, 17 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3803&s=AR&d=42018 Barbara Brown (Brown) hurt her knee while working as a truck driver for J.B. Hunt Transport Services, Inc. (Hunt). Prudential Insurance Company of America (Prudential), which insured Hunts employee welfare benefits plan (Plan), discontinued Browns long-term disability (LTD) benefits and ignored her requests for information about its decision. Brown sued Hunt and Prudential under ERISA1 for r Tue, 17 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1353&s=&d=42014 This case arises from the fatal shooting of DeAunta Farrow and seizure of Unseld Nance by two police officers in West Memphis, Arkansas. The families of Farrow and Nance brought this action under 42 U.S.C. 1983 and state law against the two officers, as well as the chief of police, the mayor, and the city, alleging in particular excessive force and unreasonable seizure in violation of the Fourt Mon, 16 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2001&s=&d=42013 Since the entry of a 1993 consent decree, the district court1 has overseen the enforcement of a settlement in an antitrust class action brought by the above-named class members against the National Football League and its member clubs (NFL or League). Throughout that time, the district court has resolved numerous disputes over the terms of the Stipulation and Settlement Agreement (settlement agree Mon, 16 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-6406&s=TN&d=42009 In this lawsuit alleging violations of 42 U.S.C. 1983, Appellant Steve Rievley, a Dayton City police officer, appeals the denial of his motion for summary judgment on claims made by Appellee Roy Denton. Rievley claims that he should have been granted summary judgment on Dentons warrantless arrest claim because he is entitled to qualified immunity. WeAFFIRM.I. BACKGROUNDA. Factual backg Mon, 16 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=C%2008-03251%20WHA&s=CA&d=41987 ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENTIn this copyright-infringement action, plaintiff Apple, Inc. and defendant Psystar Corporation have filed cross motions for summary judgment. For the following reasons, Apples motion is GRANTED and Psystars motion is DENIED.STATEMENTPlaintiff Apple Inc. launched its Macintosh computer in 1984 and its Mac OS X operating system in 2001. Apple has manu Sun, 15 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-13214&s=AK&d=42051 This appeal involves a dispute over the modification of a law firms contingent-fee agreement. The main questions presented are whether the modified contingent-fee agreement is valid and whether the court erred in construing the disputed phrase further substantial litigation to mean more than just in-court proceedings and filings. Because the modified fee agreement is valid and the Fri, 13 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-3365%20&%2007-3366&s=KS&d=42031 In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.1 (SFX), appeals the district courts denial of its post-trial motion for judgment as a matter of law (JMOL). SFX argues that a reasonable jury could not have found SFX liable for wanton conduct based on its staging of an August 2003 motorcycle race in which Arthur Wagner, Jr. (Wagner), crashed and was se Fri, 13 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-3376&s=IL&d=42010 In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word after because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass Fri, 13 Nov 2009 00:00:00 CST