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Jury Verdicts, Settlements and Court Decisions
 
John Doe v. Unknown Defendant

A 39-year-old business owner was struck from behind by a vehicle while on his way to a service call.

As a result of the accident, our client suffered multiple disc herniations to his neck and back. As a result, he underwent numerous injections and received hundreds of chiropractic and massage therapy treatments.

Despite his disability, our client did not miss any time from work. ... More...
   $1310000 (10-11-2008 - )

Richard Seun v. Las Vegas Sands Corp.

Richard Seun sued Las Vegas Sands Corp. claiming that the Las Vegas Casino corporation claiming that he should be compensated by the defendant for
helping Las Vegas Sands win a lucrative Macau gaming license in 2002.

Defendant denied Plaintiff's claims.... More...
   $43800000 (10-11-2008 - )

Cast Art Industries, LLP v. KPMG, LLP

Cast Art sued KPMG in 2003 for professional malpractice and negligence for failing to detect a massive financial fraud at Papel Giftware, Inc. prior to Cast Art acquiring Papel in December 2000. For three years prior to its acquisition of Papel, KPMG repeatedly affirmed that Papel's financial statements were accurate when in reality KPMG knew the company's management had engaged in a number of fra... More...   $31800000 (10-11-2008 - )

Jerry Archuleta, et al. v. Wal-Mart Stores, Inc.

Although the Fair Labor Standards Act (“FLSA”) generally requires an employer to pay its employees at a rate of one and one-half times their regular rate of pay for any time worked in excess of forty hours in a given workweek, it exempts from this requirement “executive, administrative or professional” employees. At issue here is whether full-time pharmacists working for Wal-Mart Stores, I... More...   $0 (10-08-2008 - )

Susan Gustafson v. Kathryn zumBrunnen, et al.

This diversity suit governed by Wisconsin law presents an issue of federal diversity jurisdiction.

The original complaint named as plaintiff Georgia Gustafson, suing as the personal representative of the estate of her grandfather, George Skille, who had appointed her in his will, which left most of his estate to his eight grandchildren by his first wife. The suit named as defendants Skill... More...
   $0 (10-01-2008 - )

Janice Martin Arnett v. Rudy Brown

Janice Martin Arnett sued Rudy Brown on a breach of contract theory claiming that he failed to remedy deficiencies in the $1.4 million, 8,500 square foot house buildt by him and sold to Ms. Arnett. Arnett claimed that despite numerous requests, Brown failed to fix leaks in the house that directly caused her to develop pneumonia six times in 18 months.

The defenses asserted by Rudy Brown ar... More...
   $903000 (10-05-2008 - )

Geno Baker v. City of Safety Harbor, Florida

Geno Baker sued the City of Safety Harbor, Florida on a civil rights violation theory under 42 U.S.C. 2000e claiming that the City's Public Works Department discriminated against him because he was black. Baker, who worked for the City for 14 years, claimed that he was subjected to a hostile work environment.

The U.S. Equal Employment Opportunity Commission found that Baker and another w... More...
   $60000 (10-04-2008 - )

Robert Kearns v. Chrysler Corporation

Robert Kearns, age 64, sued Chrysler Corporation on a patent infringement theory claiming that Chrysler wrongfully used intermittent windshield wiper technology invented by him on its automobiles. Kearns sought about $39 million ($3 on 13 million vehicles) and an exclusive contract to manufacture and sell intermittent wipers to Chrysler for 12 years.

Chrysler conceded that Kearns' patents... More...
   $1 (10-04-2008 - )

Cletus Schmidt v. California Department of Transportation

Cletus Schmidt sued the California Department of Transportation on a governmental tort claim asserted that he was injured as a result of missing and poorly placed signs were largely to blame for an accident that left him partially paralyzed. Schmidt, 80, is unable to walk but he can move his limbs. He was injured in 2006 when he ran a stop sign at a T-intersection near Joshua Tree National Park a... More...   $11600000 (10-03-2008 - )

Gerald Kellogg v. Nike

Gerald Kellogg sued Nike on a patent infringement teory claiming that Nike stole his design for a vented cap.... More...   $0 (10-03-2008 - )

Amgen v. Roche

Amgen (NASDAQ:AMGN) announced today that the United States (U.S.) District Court in Boston issued its written decision upholding the prior jury verdict and court rulings regarding the infringement, validity and enforceability of 10 claims of four of Amgen's erythropoietin (EPO) patents. The Court also ruled that Amgen is entitled to a permanent injunction prohibiting Roche from selling its pegylat... More...   $0 (10-03-2008 - )

Glenstone Block Company, d/b/a Glen Block Hardware & Building Supplies v. Vincent K. Pebworth, d/b/a VIP Property Improvements, Defendant, and Parkview Bay Development, Inc., Union Planters Bank, and Jefferson Financial, Inc., et al.

Defendants Parkview Bay Development, Inc. ("Parkview"), Union Planters Bank ("Union Planters"), and Jefferson Financial, Inc. ("Jefferson Financial") (collectively "Appellants") appeal the trial court's judgment in favor of Glenstone Block Company, d/b/a Glen Block Hardware & Building Supplies ("Respondent").(FN1) The trial court adjudged that Mr. Pebworth was liable to Respondent in the net amou... More...   $0 (10-02-2008 - )

Ford Motor Credit Company v. Ana Waters

The instant case involves an appeal from an order granting in part a judgment debtor’s claim of exemption filed in response to a levy on a bank account. The parties assert that the issue presented on appeal is one of first impression: Whether the judgment debtor’s exemption under Code of Civil Procedure section 704.070 for paid earnings traced to a deposit account is 75 percent of the paid ear... More...   $0 (08-15-2008 - )

Nancy Miller v. Ghaus Malik, M.D., Susan E. Oshnock, P.A.-C, Henry Ford Health System, d/b/a Neurosurgery Associates-Oakland, Ashok Prasada, M.D., and William Beaumont Hospital

This wrongful-death, medical malpractice case primarily concerns whether plaintiff’s notice of intent required under MCL 600.2912b was sufficient with respect to defendants, Ghaus Malik, M.D., Susan E. Oshnock, P.A.-C., Henry Ford Health System, doing business as Neurosurgery Associates-Oakland (“Henry Ford”), Ashok Prasad, M.D., and William Beaumont Hospital (“Beaumont”). Plaintiff, as ... More...   $0 (09-18-2008 - )

Jimmie Smith, et aux. v. Home Depot USA, Inc.

Plaintiff Jimmie Smith’s lower left leg was amputated as a result of injuries sustained while using a Krause Multimatic Ladder purchased at a Home Depot store in Tennessee. In the resulting product liability action, Defendant Home Depot USA, Inc. (“Home Depot”) appeals the district court’s grant of partial summary judgment in favor of Plaintiffs Jimmie and Georgianna Smith (“Plaintiffsâ€... More...   $0 (09-17-2008 - )

Larry D. Horton v. Daimlerchrysler Financial Services Americas, LLC f/k/a Mercedes-Benz Financial and Commercial Recovery Systems, Inc.

All seem to concede that the debt Larry D. Horton owed to DaimlerChrysler Financial Services Americas, L.L.C., f/k/a Mercedes-Benz Financial and Commercial Recovery Systems, Inc. (Daimler) had been settled in 2003 through Daimler's agent, Commercial Recovery Systems, Inc. (Commercial). Horton believed that settlement included an obligation of Daimler and Commercial to remove from his credit report... More...   $0 (09-25-2008 - )

Antonio Barboza; Lucia Albarran v. New Form, Inc.

Lucia Munguia Albarran (“Albarran”) and her husband, Antonio Barboza (“Barboza”) (collectively “Appellants”), were found liable after a jury trial in District Court for willful infringement of New Form, Inc.’s (“Appellee”) copyright for certain Spanish language films. The District Court instructed the jury that “willful infringement” required a showing by a preponderance of t... More...   $0 (09-23-2008 - )

William Childers and Robin Childers v. Gary Schwartz

William and Robin Childers appeal from the circuit court's judgment granting a motion to dismiss for lack of personal jurisdiction in favor of Gary Schwartz, a California resident. The Childerses contend that the circuit court erred in granting the motion to dismiss because Schwartz committed tortious acts in Missouri, transacted business in Missouri, and had sufficient minimum contacts with Misso... More...   $0 (09-16-2008 - )

Georgia Woodard v. Dr. Thomas Goldenberg and Tahoe Women's Care

Georgia Woodard sued Dr. Thomas Goldenberg and Tahoe Women's Care on a medical negligence (Medical malpractice) theory claiming that Dr. Goldenberg acted below the standard of care when the performed a routine colonoscopy upon her and, as a direct result, she was severely injured. The specifics of the claims made by Plaintiff are not available.

The defenses asserted by defendants are not... More...
   $1630000 (09-13-2008 - )

Roger Scott Moyle v. Y & Y Hyup Shin, Corp. and TTJJKK, Inc. d/b/a DO Re Mi Karaoke

On February 21, 2008, the plaintiff-appellant-petitioner Roger Scott Moyle, as personal representative of the estate of Richard Todd Moyle (Moyle), deceased, [fn1] filed an application for a writ of certiorari, urging this court to review the published opinion of the Intermediate Court of Appeals (ICA) in Moyle v. Y & Y Hyup Shin Corp., 116 Hawai'i 388, 173 P.3d 535 (App. 2007). Moyle argues that ... More...   $0 (09-10-2008 - )

Randall L Woodruff v. Jo Ann Mason, et al.

Legacy Healthcare, Inc. (Legacy) and its predecessor, Community Care Centers, Inc. (Community), operated a number of long-term care facilities in Indiana. On February 18, 2000, Legacy brought this action under 42 U.S.C. § 1983, alleging that employees of the Indiana Family and Social Services Administration (FSSA) and the Indiana State Department of Health (ISDH) violated its rights under the Fir... More...   $0 (09-05-2008 - )

In Re: APA Transportation Corp. Consolidated Litigation

APA Transport Corporation (“APA Transport”) closed its facilities and terminated all of its employees on February 20, 2002. It had informed its employees of the impending shutdown and layoffs only a week earlier. Following the shutdown, a number of non-union and union employees, along with certain Employee Retirement Income Security Act (“ERISA”) funds, filed suit against APA Transport and... More...   $0 (09-06-2008 - )

Carey-All Transport, Inc. v. Frances Marie Newby

This appeal requires us to decide whether Carey-All Transport, Inc.'s proposal for settlement served on Frances Marie Newby violated Florida Rule of Civil Procedure 1.442(c)(3). For the reasons noted below, we hold that the proposal for settlement did not violate the rule, and thus we reverse the trial court's order denying Carey-All's postjudgment motion for fees and costs.

Newby sued Care... More...
   $75538 (08-13-2008 - )

Janet J. Jeanes, etc. v. Bank of America, N.A.; Bank of America Corporation; Rudy Wrenick; and Sharon Kunard

Janet J. Jeanes appeals from a summary judgment granted in favor Sharon Kunard and Rudy Wrenick in Jeanes' negligence, breach of fiduciary duty, and breach of contract claims. On appeal, Jeanes contends that the trial court improperly determined that the claims against Kunard sounded in tort. We disagree. In addition, Jeanes asserts that the trial court inappropriately granted summary judgment in ... More...   $0 (09-02-2008 - )

Jerilyn A. Lucas v. PyraMax Bank, FSB

Jerilyn Lucas claims that her former employer, PyraMax Bank, demoted and ultimately fired her because of her gender in violation of Title VII of the Civil Rights Act of 1964, see 42 U.S.C. § 2000e to 2000e- 17. Lucas also contends that PyraMax retaliated against her in violation of Title VII, see id. § 2000e-3(a), and that it took adverse employment actions against her because she exercised her ... More...   $0 (08-22-2008 - )

Richard R. Henning v. Mainstreet Bank

Richard Henning contends that the mortgage he granted to Mainstreet Bank on his home as collateral for business loans should be released under the terms of their agreement. The district court1 affirmed the bankruptcy court’s2 grant of summary judgment to Mainstreet, and Henning now appeals. We affirm.

I.

Henning was a principal and officer in several businesses that borrowed money ... More...
   $0 (08-22-2008 - )

Truck Insurance Exchange, et al. v. Palmer J. Swanson, Inc.

Generally, nonsignatories to arbitration agreements have been required to arbitrate under theories of incorporation by reference, assumption, agency, alter ego, and estoppel. In this appeal, we consider whether a nonsignatory to an arbitration agreement can, nevertheless, be required to submit an oral contract dispute to arbitration. We also briefly address whether the doctrine of unclean hands ... More...   $0 (07-31-2008 - )

Toby Scrivner and Angelique Pisano, Debtors v. John D. Mashburn, Trustee

Toby Scrivner and Angelique Pisano (the “debtors”) appeal from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s authorization of a surcharge of their exempt property. Exercising jurisdiction pursuant to 28 U.S.C. § 158(d)(1), we REVERSE the BAP’s judgment and the bankruptcy court’s order authorizing the surcharge of the debtors’ exempt assets... More...   $0 (08-08-2008 - )

Janice Sides, et al. v. St. Anthony's Medical Center, et al.

This case presents the question whether expert testimony may be offered in medical malpractice cases to support a claim brought under the theory of res ipsa loquitur. The trial court ruled that under this Court's opinion in Hasemeier v. Smith, 361 S.W.2d 697 (Mo. banc 1962), an expert witness is not permitted to testify in a res ipsa loquitur case. This means, it concluded, that since medical tes... More...   $0 (08-15-2008 - )

State ex rel. Stephanie Sasnett, Maris Sasnett, Bryan Sasnett, and Mandy Vierthaler v. Honorable Kelly Moorhouse, Judge, Div. 9, Circuit Court of Jackson County, Missouri

On December 21, 2005, Stephen Sasnett was killed in an automobile accident at the intersection of 18th and Charlotte in Kansas City, Missouri. The accident occurred when Tina Jons ran the red light controlling her course of travel. A vehicle driven by Ronald Brooks struck Ms. Jons's vehicle. Ms. Jons's vehicle became airborne and landed on Stephen Sasnett's vehicle, causing his death.

On Ju... More...
   $0 (08-15-2008 - )

Steve Chapman, Pat Chapman and Judy Chapman, Chapman Dairy, Inc. v. New Mac Electric Cooperative, Inc.

Steven Chapman, Pat Chapman, Judy Chapman, and Chapman Dairy, Inc. (collectively, "Appellants"), brought suit against their electric company, New Mac Electric Cooperative, Inc. ("Cross-Appellant"), for stray voltage, and against Alfa Laval Agri, Inc. ("Alfa Laval"), the company that designed and installed a new set of milking parlor equipment in 1997.(FN1) The jury found that Cross-Appellant had ... More...   $793017 (08-15-2008 - )

Marion Michael Distefano v. Saint-Gobain Calmar, Inc., Grandview Road Property, L.L.C., Defendant and William T. Whitlow

Marion Michael Distefano sued Saint-Gobain Calmar, Inc. (Calmar), and William T. Whitlow(FN1) for negligence due to the injuries he suffered while performing work for Calmar on property leased by Calmar. A jury found for Distefano and awarded him $100,000 in compensatory damages. Calmar and Whitlow filed a motion for judgment notwithstanding the verdict with the circuit court, which the circuit c... More...   $100000 (08-15-2008 - )

Yankee Park Homeowners Association, Inc. v. LaGrange County Sewer District

Yankee Park Homeowners’ Association, Inc. (“Yankee Park”), appeals the trial court’s declaratory judgment in favor of the LaGrange County Sewer District (“District”). Yankee Park raises four issues, which we consolidate and restate as whether the trial court erred by finding that the District’s actions in defining the terms “mobile home” and “mobile home court” and classifyin... More...   $0 (07-31-2008 - )

Richard G. McLellan, Rick Bogle and Primate Freedom Project v. Rogert L. Charly

¶1 VERGERONT, J. Roger L. Charly appeals the circuit court’s order that he convey certain real estate to Richard McLellan pursuant to an option to purchase. The circuit court concluded that leaseback and repurchase provisions in the agreement between Charly and McLellan constituted consideration for the option and Charly breached the agreement by revoking the option before the expirat... More...   $0 (07-17-2008 - )

Iskandar Manuel, Maggie Manuel, Jimmy Manuel, Joseph Manuel, Imad Manuel and Adel Manuel v. Timothy J. Gill, Clinton County, Eaton County, Rusty Banehoff, Ingham County, Eaton County Sheriff, Clinton County Sheriff, Kenneth Knowlton, Lansing Chief of Police, City of Lansing, Lansing Police Commission, Jimmy Patrick, and Ingham County Sheriff

At issue in this case is: (1) whether defendant Tri-County Metro Narcotics Squad (TCM) has standing to appeal the decision of the Court of Appeals despite prevailing on every issue in that Court; (2) if so, whether TCM is a juridical entity subject to suit; and (3) whether TCM is a “state agency” that may only be sued in the Court of Claims. We conclude that, because TCM was aggrieved by the C... More...   $0 (07-16-2008 - )

Sherita White and Derrick White v. Taylor Distributing Companu, Inc., Penske Truck Leasing Company, LP and James J. Birkenheuer

At issue is whether the trial court properly granted summary disposition to defendant on the basis of his claim that he experienced a sudden emergency. Defendant,1 James Birkenheuer, rear-ended plaintiff, Sherita White, while she was stopped for a red light. By statute, the driver of a vehicle that strikes another from behind is presumed negligent.2 But defendant claims that, as a matter of law, t... More...   $0 (07-23-2008 - )

Carl Stone v. David A. Williamson, M.D., Jackson Radiology Consultants, P.C. and W.A. Foote Memorial Hospital

In this case, the Court is called on to examine the doctrine of “lost opportunity” set forth in MCL 600.2912a(2), which prohibits recovery for the loss of an opportunity to survive or achieve a better result unless the opportunity was greater than 50 percent, and the construction of that statute in Fulton v William Beaumont Hosp, 253 Mich App 70; 655 NW2d 569 (2002). The Court of Appeals in th... More...   $2327835 (07-23-2008 - )

Suzanne Verbrugghe, as personal Representative of the Estate of George Verbrugghe v. Select Specialty Hospital-Macomb County, Inc., Arsenio V. Deleon, M.D., and Marius Laurinaitis, M.D.

This case is before us on remand from our Supreme Court, which vacated our original opinion and remanded to this Court for reconsideration in light of Washington v Sinai Hospital of Greater Detroit, 478 Mich 412; 733 NW2d 755 (2007), and Braverman v Garden City Hospital, 480 Mich 1159; 746 NW2d 612 (2008). See Verbrugghe v Select Specialty Hospital-Macomb, 481 Mich 874; 748 NW2d 819 (2008).
More...
   $0 (07-24-2008 - )

James Cody d/b/a Cody Trucking v. Jerry Lay

James Cody d/b/a Cody Trucking sued Jerry Law on a replevin theory. The specifics of the claims made and defenses asserted are not available.... More...   $0 (11-27-2007 - )

Curly and Coy Bernard, et al. v. Gregory James Hildebrand and Peter E. Dahlstrom

Plaintiffs herein are employees of Kansas City Southern Railroad and their spouses. They contracted with brokers Gregory Hildebrand and Peter Dahlstrom to manage their retirement accounts Alleging fraud and negligence plaintiffs filed a claim against their brokers on August 4 2005 with the Dispute Resolution Division of the National Association of Securities Dealers NASD under its Code of Arbitrat... More...   $0 (08-08-2008 - )


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