http://www.morelaw.com Recent Cases - 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=06-04112&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=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 under 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=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 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=2009%20OK%2082&s=OK&d=42006 1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.Mr. Smith alleged t 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=VA&d=41986 Clinton and Michele Aichs sued Don B. Swisher Trucking Corp., McCann Delivery Service and Kenneth Barbour on an auto negligence theory for the wrongful death of their daughter, Sydney, age 16, who was killed in a collision between her 1999 Chevrolet Cavalier and a tractor-trailer rig driven by Barbour on U.S. 29 in 2008. Plaintiffs claimed that Barbour was driving at an excessive speed at the time Sat, 14 Nov 2009 00:00:00 CST