This is an appeal from a jury verdict in a medical malpractice lawsuit. In three issues, appellants/cross-appellees Meenakshi S. Prabhakar, M.D. and Infectious Disease Doctors, P.A. challenge the sufficiency of the evidence to support certain jury findings and the trial court’s refusal to order some portion of appellee/cross-appellant David Fritzgerald’s future medical expenses to be made in p... More...   $0 (08-23-2012 - TX)

Union Carbide Corporation (“Union Carbide”) appeals from a final judgment awarding Aubin $6,624,150 in damages on his asbestos-related, products liability claims. Because Aubin failed to present any evidence demonstrating that the defective design of SG-210 Calidria caused Aubin’s harm, peritoneal mesothelioma, we reverse the trial court’s denial of Union Carbide’s motion for a directed ... More...   $0 (08-23-2012 - FL)

This appeal concerns the legality of actions taken by the City of Frankenmuth (the City) to keep a Wal-Mart supercenter from being built on land owned by the Loesel family in Frankenmuth Township (the Township). As the result of a post purchase-agreement ordinance that restricted the size No. 10-2354 Loesel, et al. v. City of Frankenmuth Page 2 of any new buildings on the property to 65,000 square... More...   $0 (08-21-2012 - MI)

Appellants Subodh Sonwalkar, M.D. and Wolley Oladut, M.D. held partnership units in appellee St. Luke’s Sugar Land Partnership, L.L.P (“the Partnership”). They applied for a temporary injunction to enjoin the Partnership and its managing partner, appellee St. Luke’s Community Development Corporation—Sugar Land (the “Managing Partner”) from terminating their partnership interests and ... More...   $0 (08-18-2012 - TX)

20 Plaintiffs--the parents and/or legal guardians of seven
21 children with disabilities, who bring this suit on behalf of
22 themselves and the children--appeal a judgment of the United
23 States District Court for the Northern District of New York
24 (Sharpe, J.), dismissing their suit for failure to state a
25 claim upon which relief can be granted, and denying their
26 ... More...   $0 (08-17-2012 - NY)

The motion for rehearing filed by appellee The Lynd Company is granted. This court’s opinion and judgment dated April 25, 2012 are withdrawn, and this opinion and judgment are substituted.

This appeal involves issues arising out of a summary judgment proceeding and a bench trial on damages, statutory interest, and attorney’s fees. The key issue on the summary judgment is whether a mat... More...   $0 (08-17-2012 - TX)

¶1 Teri Jo Wilcock Hull (TJ) appeals the trial court’s ruling that her brother Todd J. Wilcock (Todd) is not required to reimburse $50,000 in life insurance proceeds and $250,000 in investment losses to the Wilcock Family Trust (the Trust). In particular, TJ challenges the trial court’s denial of her motion for a new trial based on newly discovered evidence and the trial court’s failure to ... More...   $0 (08-16-2012 - UT)

¶1 James Weston Decker appeals from the district court’s de novo decision imposing a fine of $3875 against Decker for violating an ordinance adopted by Ogden City (the City) barring illegal storage of junk and debris.1 See generally Utah Code Ann. § 10‐11‐1 to ‐4 (2007);2 Ogden City, Utah, Code §§ 12‐4‐1 to ‐8 (2012); id. §§ 1‐4B‐3 to ‐5. We affirm the district court’s ... More...   $0 (08-16-2012 - UT)

[¶1] Alisa Morgan appeals from a summary judgment entered by the Superior Court (Penobscot County, Cuddy, J.) in favor of Robert and Ann Marquis on Morgan’s complaint alleging that she is entitled to damages on theories of common law strict liability, common law negligence, and statutory liability after she was bitten by the Marquises’ dog.1 Because we conclude that genuine issues of material... More...   $0 (08-09-2012 - ME)

This case involves a dispute between an employer, the defendant1 Reflexite Corporation, and its employee, the plaintiff Robin K. Callender, as to whether General Statutes § 31-294c invariably requires an employer, to preserve its right to contest an employee’s claim for workers’ compensation benefits on the merits, either to file a form 43, notice to contest the claim (notice to contest), or ... More...   $0 (08-07-2012 - CT)

¶1 Plaintiff Apache Tribe of Oklahoma appeals from an order of the trial court granting summary judgment in favor of John H. Graves. Pursuant to Supreme Court Rule 1.36, 12 O.S.2011 ch. 15, app. 1, we review this record without appellate briefing. After review, we conclude that genuine issues of material fact remain precluding the entry of summary judgment. Accordingly, we reverse and remand... More...   $0 (08-04-2012 - OK)

26 This is an appeal from the district court’s grant of summary judgment against the plaintiff
27 and its prior grant of a motion to dismiss one count of the amended complaint. Plaintiff-
28 Appellant Linda Velez (“Velez”) brought this action against Betsy Sanchez (“Sanchez”),
29 Sanchez’s sister Shari Munoz, and Sanchez’s and Shari’s mother Yolanda Munoz under the
... More...   $0 (07-31-2012 - NY)

Plaintiffs, the Estate of Frieda M. Wilmes through its appointed fiduciary, Claudette Schenck, Robert K. Espel, and James C. Matacia (collectively “Plaintiffs”), on behalf of themselves and all other similarly-situated employees and retirees, appeal the district court’s order granting summary judgment to Defendants Anthem, Inc., Anthem Insurance Companies, Inc., Community Insurance Company, ... More...   $0 (07-26-2012 - OH)

Plaintiffs, the Estate of Frieda M. Wilmes through its appointed fiduciary, Claudette Schenck, Robert K. Espel, and James C. Matacia (collectively “Plaintiffs”), on behalf of themselves and all other similarly-situated employees and retirees, appeal the district court’s order granting summary judgment to Defendants Anthem, Inc., Anthem Insurance Companies, Inc., Community Insurance Company, ... More...   $0 (07-25-2012 - OH)

Maizie Avichail brought a medical malpractice action as next friend of T.A., her minor daughter. There were three defendants: St. John’s Mercy Medical Center; Geraldine Jones, a nurse involved in T.A.’s care; and Fastaff, Inc., Jones’s employer.

A jury found for the defendants, and the district court1 denied Avichail’s motion for a new trial. Avichail appeals, arguing that the dis... More...   $0 (07-25-2012 - MO)

In 2010, the Georgia legislature, apparently concerned that the carrying of weapons and long g 1 uns2 would likely present an unreasonable risk of harm to people who assemble in eight specific locations, enacted a statute barring the unrestricted carrying of weapons or long guns in those locations. O.C.G.A. § 16- 11-127(b) (this provision is hereinafter referred to as the “Carry Law”).3 This ... More...   $0 (07-24-2012 - GA)

The primary issue in this case is whether the Interstate Compact on the Placement of Children (compact), General Statutes § 17a-175,1 applies to the placement of children with an out-ofstate noncustodial parent. The respondent father2 and his minor children, Emoni W. and Marlon W. (children), appealed to the Appellate Court from the ruling of the trial court that the compact applied to the placem... More...   $0 (07-19-2012 - CT)

¶1 An employee of a tribal enterprise seeks to invoke the jurisdiction of the Oklahoma Workers' Compensation Court. This Court holds (1) the tribe enjoys sovereign immunity and is not therefore subject to the jurisdiction of the Oklahoma Workers' Compensation Court and (2) the workers' compensation insurer does not enjoy the tribe's immunity and is estopped to deny coverage under a policy for whi... More...   $0 (07-18-2012 - OK)

BOGGS, Circuit Judge. These consolidated cases are eight of at least forty-five lawsuits nationwide, alleging that title-insurance companies and rating bureaus violated state and federal antitrust laws by conspiring to charge inflated rates. See In re Title Ins. Real Estate Settlement Procedures Act & Antitrust Litig., 560 F. Supp. 2d 1374, 1376 (J.P.M.L. 2008) (denying consolidation of twenty-fiv... More...   $0 (07-18-2012 - OH)

Plaintiffs Naranjibhai Patel and Ramilaben Patel are owners and operators of motels in Los Angeles. They challenge the constitutionality of Los Angeles Municipal Code (LAMC) § 41.49, which requires operators of hotels in the City to maintain certain guest registry information and to make that information available to police officers on request. Appellants contend that LAMC § 41.49 is facially un... More...   $0 (07-18-2012 - CA)

Kelly Fazzini appeals the trial court's order denying his petition to modify a domesticated State of Virginia judgment allowing Pamela Davis, his child's maternal grandmother, visitation rights. Mr. Fazzini alleges two instances of trial court error. First, he claims that the trial court erred in concluding that the Virginia judgment qualified for recognition in Florida under the Full Faith and Cr... More...   $0 (07-13-2012 - FL)

Appellants Paul J. Cameron, Paul T. Ferris, Paul M. Gleason, and Kenneth W. Rosenthal are former directory-advertising sales representatives in the Premise Sales unit of appellee Idearc Media Corporation ("Idearc"). Each was discharged in July 2007. Idearc says they were let go for poor performance; the employees allege that the terminations were motivated by age discrimination and a desire to neg... More...   $0 (07-13-2012 - MA)

Under Kentucky's dog-bite liability statutes, KRS 258.095 and .235, the owner of a dog is strictly liable for damages caused by the dog. This case presents the questions whether a landlord can be liable under the statutory scheme's broad definition of "owner" and whether that liability can extend to injuries caused by a tenant's dog off the leased premises. We hold that a landlord can be the owner... More...   $0 (07-12-2012 - OH)

In 2009, the Board of Health of the City of New York adopted a resolution requiring all tobacco retailers to display signs bearing graphic images showing certain adverse health effects of smoking. The City did so as part of its continuing campaign to discourage cigarette use by educating New Yorkers about the dangers of smoking. The district court held below that the resolution is null and void be... More...   $0 (07-11-2012 - NY)

The Plaintiffs-Appellants challenge the Federal Highway Administration’s selection of a route for the South Lawrence Trafficway, a proposed highway project in the city of Lawrence, Kansas. Appellants claim two aspects of the Highway Administration’s decision render it arbitrary and capricious under the Administrative Procedure Act. First, Appellants claim the environmental impact statement sup... More...   $0 (07-11-2012 - KS)