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=07-15814&s=CA&d=41922 Plaintiff-Appellant Robert Norse was ejected from two meetings of the Santa Cruz City Council, one in 2002 and one in 2004. He filed this 42 U.S.C. 1983 action against the City and its Mayor and Council members alleging violation of his First Amendment rights. In a 2004 unpublished, nonprecedential disposition, we unanimously upheld the validity of the Council rules that were being enforced at Sat, 7 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=SC&d=41920 Dr. Lynda McKinnon sued Dr. Wajdi Dbouk on breach of contract and malicious prosecution theories claiming that she was damaged as a result of complaints made by Defendant to a medical licensing board seeking sanctions against her. McKinnon alleged that Dr. Dbouk closed the practice that he bought from her a few months after he purchased the practice. The defenses asserted are not available. Sat, 7 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=&d=41919 Jack O'Dell sued the owner of the Dj Vu Bar Plainville, Connecticut on a dram shop act theory claiming that the Deja Vu Bar served 15 to 20 drinks to patron Joel Prachar in September 2006. Patrial O'Dell, age 37, left the bar with Prachar. Shortly thereafter the car in that Prachar was driving in which O'Dell was a passenger was involved in an accident in which O'Dell was killed.The defenses Sat, 7 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=&d=41918 The Family and Estate of Velibor Videnovic sued Drs. Jack Goodman and William Teubl on medical negligence theories for the wrongful death of Mr. Videnovic on November 19, 2003 from a stroke. Videnvoic presented at the Northern Dutchess Hospital on October 3, 2003 after having experienced unexplained shaking of his left leg and arm for about five second. Subsequent testing revealed that he had pa Sat, 7 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009-1188&s=DC&d=41930 1800Mattress.com IP, LLC (1800Mattress.com), substituted as appellant for Dial-A-Mattress Operating Corp. (Dial-A-Mattress), appeals from the final decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (the Board) refusing registration of the mark MATTRESS.COM. In re Dial-A-Mattress Operating Corp., Serial No. 78976682, 2008 TTAB Lexis 4 Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3326&s=KS&d=41928 Rudy E. Davis, Jr. appeals the district courts determination that his medical malpractice claims against Ziana Liese, M.D., are barred by the statute of limitations because Dr. Liese was not timely served with process. Because Mr. Davis never received or filed an executed waiver of service and did not formally serve Dr. Liese before the statutory deadline, we affirm.1BackgroundThe district cour Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3765&s=IL&d=41910 The Duck Test holds that if it walks like a duck, swims like a duck, and quacks like a duck, its a duck. Joseph Lake, the plaintiff in this suit, flunks the Duck Test. He says, in effect, that if it walks like a duck, swims like a duck, and quacks like a duck, it sure as heck isnt a duck.The crux of Lakes argument in this appeal is that a voter registration form is actually a motor vehicl Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-5596&s=TN&d=41909 This copyright-infringement case is one of several hundred filed by [Bridgeport Music, Inc., and Southfield Music, Inc.] against entities and/or individuals associated with the rap or hip-hop music industry, seeking declaratory judgment, injunctive relief, and damages from some 800 defendants for copyright infringement under the federal copyright statute, 17 U.S.C. 101 et se Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-4456&s=OH&d=41908 This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers w Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-6145&s=&d=41907 Plaintiff-Appellant Memphis Biofuels, LLC appeals the dismissal of its suit against Defendant-Appellee Chickasaw Nation Industries, Inc. for lack of subject-matter jurisdiction. Because we agree with the district court that Chickasaw Nation Industries, Inc. enjoys tribal-sovereign immunity, we AFFIRM.I. BACKGROUNDMemphis Biofuels, LLC (MBF) is a biodiesel refining company incorporated in Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A176-511&s=TX&d=41906 Bonnie Young and Michael Simmons sued the Texas Department of Criminal Justice and others on a civil rights violation and retaliation theories claiming that there were discriminated against by their former employer for disciplining a black subordinate. Young claim that her supervisor was trying to discredit her so that she could be replaced by an African American. She also claimed that she was re Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=8:05-cv-00636-JSM-TBM%20&s=Fl&d=41905 Marija Stone sued her former employer GEICO General Insurance Company and others on a wrongful termination theory claiming that she was terminated for refusing orders to dismiss an older worker because of that workers age. She claimed that she was retaliated against by GEICO refusing to fire the older worker.Plaintiff was a GEICO supervisor of a unit of adjusters working automobile liability cl Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2:02-cv-01174-VEH-TMP&s=aL&d=41904 Hilda L. Solis sued Tyson Foods, Inc. on a Fair Labor Standards Act violation theory claiming that Defendant failed to keep accurate time records and failed to pay production workers for the time that they spend donning and doffing safety and sanitary gear, and performing other related work activities. The Labor Department wanted workers to be paid for " certain pre- and post-shift and meal period Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-8093&s=Wy&d=41927 Matthew Miller appeals from the district courts order denying him qualified immunity against Samuel Rhoads 42 U.S.C. 1983 claim that Deputy Miller subjected him to excessive force while booking him into the Big Horn County Jail. We affirm.BackgroundOn December 1, 2005, Deputy Ben Mayland responded to a complaint that a drunken man in a wheelchair Mr. Rhoads was threatening bar pat Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=10-08-00073-CV&s=TX&d=41903 Bret Doc Berkman filed suit against the City of Keene alleging that the City was obligated to furnish water and sewer services to his property at no charge under an agreement between the City and Berkmans predecessors in title. The trial court granted the Citys summary-judgment motion. On original submission, we reversed the judgment and remanded this cause for further proceedings. Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=IL&d=41901 Doris Dukes, Judy Blessing and Ruth Watkins sued UNARCO Industries, Inc. on products liability theories for the wrongful deaths on their respective husbands who all died from the asbestos cancer mesothelioma. The Plaintiffs' husbands all worked for Union Asbestos & Rubber Company, later known as UNARCO Industries, Inc. in the 1950s and 1960s. Plaintiffs claimed that Defendant's predecessor in inte Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=CLO5000059-00&s=VA&d=41899 Claude M. Royal, Virginia H. Royal and Modern Home Construction sued Campbell County on a governmental tort claim negligence theory claiming that the County's employees failed to exercise due care in the operation of a landfill and, as a direct result, contaminants leaked into groundwater aquifers with resulting damage to the fair market value of Twin Oaks Mobile Park. The contamination was disco Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2:05-cv-01766-JFB-AKT&s=NY&d=41898 Frank Sloup sued the Town of Islip, alan Loeffler and Craig Pomroy on civil rights violations theories undeer 42 U.S.C. 1983 claiming that defendants wrongfully drove him out of business. Plaintiff claimed that defendants wrongfully claimed that 41 of his crab traps and bouys were a hazard to navigation and had to be removed from Champlin Creek. He claimed that he was eventually driven out of bus Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=AR&d=41897 Jeremy Antley sued Dr. Faye Armstrong-Papp on a medical negligence (medical malpractice) theory claiming that Defendant acted below the standard of care in providing post-operative case to him after his appendix burst during an appendectomy performed tat Northwest Arkansas Medical Center on August 19, 2007. Plaintiff presented at the hospital in pain and was correctly diagnosed as having an infla Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-3001&s=KS&d=41926 Badwey Oil, Inc. (Badwey), appeals from the district courts entry of summary judgment in favor of ConocoPhillips Petroleum Co. (Conoco) on the ground that Badweys breach of contract claims were barred by a statute of limitations. Exercising jurisdiction under 28 U.S.C. 1291, we affirm.BackgroundSince 1960, the parties have had a business relationship, initially through their predecessors, Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=34593&s=WV&d=41896 This case is before the Court upon the appeal of an Order denying the Appellant's, Charles Crihfield's, Renewed Motion for Summary Judgment entered by the Circuit Court of Kanawha County, West Virginia, on April 15, 2008. In the Order, the circuit court directed that the parties within thirty (30) days of entry of this Order, mutually agree on an arbitrator to hear the dispute in question[,] Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=34717&s=WV&d=41895 This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called DOH). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=34725&s=WV&d=41894 This case is before the Court upon the June 30, 2008, Order of the Circuit Court of Marshall County, West Virginia, wherein the circuit court granted Partial Summary Judgment to the Appellees, Richard Blake, Jr., and John T. Parker and determined that the Appellant, State Farm Mutual Automobile Insurance Company (hereinafter sometimes referred to as State Farm), was required to defend and in Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-08-0271,%20S-08-0272&s=WY&d=41893 [1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophys vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.[2] In their Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=MD&d=41892 Tiffini Wallace, individually and on behalf of her two children, sued City Homes Incorporated on negligence and negligent representation theories claiming that the rowhouse that she rented was contaminated with lead paint which caused her children to suffer developmental problems from exposure to the lead.The defenses asserted by Defendant are not available. Wed, 4 Nov 2009 00:00:00 CST