In this Engle1 progeny case, plaintiff Beatrice Skolnick recovered compensatory damages from two tobacco companies—Philip Morris USA Inc. and R.J. Reynolds Tobacco Company. The jury found for the defendants on claims of fraudulent concealment and conspiracy to commit fraudulent concealment.
1Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006).
- 2 -
We confront a novel issue in a... More...   $0 (07-15-2015 - FL)

Appellants Searcy Denney Scarola Barnhart & Shipley, P.A. (“Searcy Denney”), et al. appeal the refusal of the guardianship court to authorize payment of $2.5 million in attorneys’ fees to the firms involved in the litigation of a medical malpractice lawsuit, the appeal, and a subsequent lobbying effort to secure a claims bill (also deemed a “private relief act”) from the Legislature on behalf of A... More...   $0 (07-15-2015 - FL)

Appellant mother (“Mother”) appeals from a trial court’s order terminating her parental rights. The Texas Department of Family and Protective Services (“the Department”) moved to terminate Mother’s parental rights on numerous grounds. See TEX. FAM. CODE ANN. §§ 161.001(A)–(G), (I)–(K), (N)–(R), 161.003 (West 2014). After a hearing, the trial court found Mother’s parental rights should be terminate... More...   $0 (07-15-2015 - TX)

In this appeal we review whether three municipalities were
required to negotiate with union representatives before taking
layoff actions that negatively impacted the hours and wages of
affected employees. Two of the municipalities imposed on
certain units of public employees mandatory, but temporary,
layoffs, in the form of a reduced number of work days over a
specif... More...   $0 (07-14-2015 - )

Following 31 years of service as a teacher in the public schools, Carol
Tibbles retired in April 1994. She is a member of the Teachers Retirement
System of Georgia, and as such, she is entitled by law to annual retirement
allowance in an amount
equal to 2 percent of [her] average compensation over the two consecutive years of membership service producing the highest such average, m... More...   $0 (07-13-2015 - )

This case presents a question about the qualification of expert witnesses
under OCGA § 24-7-702 (“Rule 702”), specifically, what sort of experience is
required of a practicing surgeon who is offered as an expert witness in a medical
malpractice case to opine that another surgeon breached the applicable standard
of medical care in the course of performing a surgical procedure. In Br... More...   $0 (07-13-2015 - )

Initially, this case appeared to require reconciliation of language in a condominium declaration, the Vermont Condominium Ownership Act (VCOA), and the Vermont Common Interest Ownership Act (VCIOA). After untangling the facts and the statutes, however, we resolve the matter in a more straightforward manner. We affirm.

¶ 2. The case began its journey through the legal syst... More...   $0 (07-12-2015 - )

The City of Dallas brings an interlocutory appeal of the trial court’s order denying its plea to the jurisdiction in the suit brought by D.R. Horton – Texas, Ltd. seeking disannexation from the City. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West 2015). The City brings six issues contending the trial court erred by denying the plea to the jurisdiction. We affirm the trial court’s order deny... More...   $0 (07-10-2015 - TX)

Roberto F. (“Father”) is the biological father of L.F. and I.A. In November 2011, the juvenile court terminated his parental rights, and he appealed (the “termination case”). While the appeal was pending, and without providing notice to Father or alerting the court to his pending appeal, the Department of Child Safety (“DCS”) petitioned the juvenile court to order the children’s adoption by Jimm... More...   $0 (07-09-2015 - )

Samuel Jahnke (Jahnke) brought suit against Blue Cross and Blue Shield of Kansas, Inc., due to BCBS's refusal to pay medical bills he incurred for his treatment, including surgery, of a brain tumor. BCBS denied benefits for the medical costs
3
associated with the surgery because the costs had been incurred during the policy's 240day waiting period for the treatment of tumors and growth... More...   $0 (07-08-2015 - )

Appellant mother (“Mother”) appeals the trial court’s order terminating her parental rights to her child, L.G. Mother does not challenge the sufficiency of the evidence to support the trial court’s findings under section 161.001(1) of the Texas Family Code (“the Code”), but contends the evidence is legally and factually insufficient to support the trial court’s finding that termination was in the ... More...   $0 (07-08-2015 - TX)

Damien Zepeda appeals from his convictions and
sentence on one count of conspiracy to commit assault with
a dangerous weapon and to commit assault resulting in
serious bodily injury; one count of assault resulting in serious
bodily injury; three counts of assault with a dangerous
weapon; and four counts of use of a firearm during a crime of
violence. We affirm.
The crim... More...   $0 (07-07-2015 - AZ)

Morgan R. Kroschel appeals from a district court judgment affirming the Department of Transportation's suspension of her driving privileges. Kroschel argues the officer acted outside his territorial jurisdiction and was without lawful authority to arrest Kroschel. We reverse.

I

[¶2] Ryan Haskell is an officer with the North Dakota State University Police Department. He was drivin... More...   $0 (07-07-2015 - )

II. FACTUAL AND PROCEDURAL BACKGROUND

Stokes owned a farm in Fruitland and employed Chavez as a part-time irrigator. On September 8, 2012, around 5:00 p.m., Chavez suffered a partial amputation of his left pinky finger when his hand slipped into the chain of a motor on an irrigation line on one of Stokes’s properties in the Fruitland/Payette area. Chavez drove... More...   $0 (07-07-2015 - Id)

“[T]he secret of successful retailing is to give your
customers what they want.” Sam Walton, SAM WALTON:
MADE IN AMERICA 173 (1993). This case involves one
shareholder’s attempt to affect how Wal-Mart goes about
doing that.
Appellant Wal-Mart Stores, Inc., the world’s largest
retailer, and one of its shareholders, Appellee Trinity Wall
Street—an Episcopal parish headqua... More...   $0 (07-06-2015 - DE)

In May 2005, Target Corporation entered into a contract with Palmer General
Corporation, the owner of land in the City of Yucaipa to develop a shopping center.
Under the agreement, Target agreed to purchase approximately 60 acres of the land
owned by Palmer, for the development (Project).
Target applied for a Preliminary Development Plan (PDP) and a General Plan
Amendmen... More...   $0 (07-06-2015 - )

14 Since the invention of the printing press, the distribution of books has
15 involved a fundamentally consistent process: compose a manuscript, print and
16 bind it into physical volumes, and then ship and sell the volumes to the public.  
17 In late 2007, Amazon.com, Inc. (“Amazon�) introduced the Kindle, a portable
18 device that carries digital copies of books, known as ... More...   $0 (07-02-2015 - NY)

¶ 1 This appeal comes to us from the circuit court of Cook County, the court having declared sections 4.5, 14, and 14b of the Collection Agency Act (Act) (225 ILCS 425/4.5, 14, 14b (West 2008)) unconstitutional. Following remand from an appellate court decision in which that court held—referencing, inter alia, the Act’s penalty provisions—that “a complaint filed by an unregistered collection agen... More...   $0 (07-01-2015 - )

Esteban Nunez--the son of Fabian Nunez, the former Speaker of the California State Assembly--aided in the killing of Luis Santos, the only son of Frederico and Kathy Santos, during a knife attack on October 4, 2008. The attack, initiated by Esteban Nunez and his acquaintances on Santos and on other young men, none of whom were armed, took place near the campus of San Diego State University. Among ... More...   $0 (07-01-2015 - CA)

¶ 1 This appeal comes to us from the circuit court of Cook County, the court having declared
sections 4.5, 14, and 14b of the Collection Agency Act (Act) (225 ILCS 425/4.5, 14, 14b (West
2008)) unconstitutional. Following remand from an appellate court decision in which that
court held—referencing, inter alia, the Act’s penalty provisions—that “a complaint filed by an
unre... More...   $0 (07-01-2015 - IL)

Prisoners sentenced to death in the State of Oklahoma
filed an action in federal court under Rev. Stat. §1979, 42
U. S. C. §1983, contending that the method of execution
now used by the State violates the Eighth Amendment
because it creates an unacceptable risk of severe pain.
They argue that midazolam, the first drug employed in the
State’s current three-drug protocol,... More...   $0 (06-30-2015 - DC)

In this appraisal action, the petitioner asks the Court to determine the fair value of
its shares in the respondent. On November 10, 2012, a third party acquired the
respondent in a hostile cash merger for $3.10 per share. The deal had an equity value of
approximately $110 million and paid a 71% premium over the respondent‘s unaffected
stock price of $1.81.
The petitioner acq... More...   $0 (06-30-2015 - DE)

In 2000, Arizona voters adopted an initiative, Proposition
106, aimed at “ending the practice of gerrymandering
and improving voter and candidate participation in elections.�
App. 50. Proposition 106 amended Arizona’s Constitution
to remove redistricting authority from the Arizona
Legislature and vest that authority in an independent
commission, the Arizona Independen... More...   $0 (06-29-2015 - DC)

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus... More...   $0 (06-27-2015 - CT)

A juvenile offender convicted of first-degree murder appeals his
resentencing to life in prison without the possibility of parole. In this
appeal, we determine the factors a court must use when it sentences a
juvenile offender for first-degree murder. Because the district court did
not have the benefit of this decision when it sentenced the juvenile, we
vacate the sentence and ... More...   $0 (06-26-2015 - IA)