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Geoffrey Scimone v. Carnival Corporation

In 2012, one of Appellants’ cruise ships, the Costa Concordia, ran aground off the coast of Italy. In the wake of the accident, many of the Costa Concordia’s passengers sued Appellants (collectively referred to in this opinion as “Carnival”), filing dozens of actions in forums both in the United States and around the world. This appeal concerns two separate actions in particular, filed by ... More...   $0 (10-17-2013 - FL)

Judith Romo v. TEVA Pharmaceuticals USA, Inc.

This case presents the issue of whether removal was proper under the “mass action” provision of the Class Action Fairness Act of 2005 (CAFA), Pub. L. No. 109-2, 119 Stat. 4 (2005), when plaintiffs moved for coordination pursuant to California Code of Civil Procedure section 404. CAFA authorizes federal removal for mass actions when “monetary relief claims of 100 or more persons are

... More...
   $0 (09-24-2013 - CA)

Glenda Gotch v. David Terry Gotch

Glenda Gotch appeals from a take-nothing judgment entered against her after she sued her ex-husband, appellee David Terry Gotch, for breach of contract. In her pleading, Glenda alleged that David breached their Agreed Final Decree of Divorce by failing to pay debt that he incurred post-divorce and that such failure caused her damages. The trial court denied Glenda‘s motion for a no-answer defaul... More...   $0 (09-19-2013 - TX)

Dart Cherokee Basin Operating Company, LLC v. Brandon W. Owens

This court owes a duty to the bench and bar to provide guidance regarding the procedural requirements of the Class Action Fairness Act of 2005 (CAFA). Yet it has let stand a district-court decision that will in effect impose in this circuit requirements for notices of removal that are even more onerous than the code pleading requirements that I had thought the federal courts abandoned long ago.More...   $0 (09-17-2013 - CO)

Pamela Regina McMahan v. James Robert Stephan

Pamela Regina McMahan sued James Robert Stephan, Michelle Stephan, Zachary Collins, Chris Collins and Cork Wine Cafe d/b/a Bacio, LLC on auto negligence theories claiming:


This amendment is pursuant to 12 0.5. § 2015 in that Plaintiff has written consent of the Court’s Order of 30 July, 2013, to file this amended Petition to add additional parties to her cause of action. Namely,... More...
   $1 (09-13-2013 - OK)

Robert Rodriguez v. AT & T Mobility Services, L.L.C.

Plaintiff Robert Rodriguez filed a putative class action in state court, which Defendant removed to federal district court.

Defendant contended that there was federal jurisdiction over the action under the Class Action Fairness Act of 2005 (“CAFA”), Pub. L. No. 109-2, 119 Stat. 4 (2005), and in particular 28 U.S.C. § 1332(d)(2). Rodriguez alleged that the amount in controversy did not ... More...
   $0 (08-27-2013 - CA)

Erie Insurance Exchange v. Erie Indemnity Company

We are asked to determine whether this case is a class action that belongs in federal court under the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 (“CAFA”). Erie Insurance Exchange (“Exchange”) filed suit against its attorney-in-fact, Erie Indemnity Co. (“Indemnity”), in Pennsylvania state court, alleging that Indemnity misappropriated over $300 million in fees tha... More...   $0 (06-28-2013 - PA)

Charles Sheffer v. Carolina Forge Company, LLC

¶1 On August 24, 2006, William Garris III and David Billups flew from Raleigh, North Carolina, to Joplin, Missouri, on a business trip for their employer, Carolina Forge Company, L.L.C. Garris was the quality manager for Carolina Forge, and Billups was a customer service representative. The trip was scheduled to take place from August 24, 2006, to August 27, 2006, in Joplin, Missouri. Normally, W... More...   $0 (06-25-2013 - OK)

Oscar Ortega v. Uponor, Inc.

Several class action lawsuits were commenced against Uponor, Inc. and Radiant Technology, Inc. in 2009, alleging that they had manufactured and distributed leaky brass plumbing fittings. The cases were consolidated by the judicial panel on multidistrict litigation, and after months of negotiation the parties reached a settlement agreement in November 2011. The district court1 then certified the pr... More...   $0 (06-07-2013 - MN)

Glenda Davis v. Benny's Restaurant, Inc. d/b/a Crescent Cafe

1. Glenda Davis, Plaintiff herein, is an individual with her only residence in Tulsa County,
State of Oklahoma.

2. Defendant Benny’s Restaurant, which does business as Crescent Café, is a dontic for
profit corporation, with its principle place of business located in Tulsa County, State of Oklahoma.

3. This action arises due to a serious bodily injury which occurred to ... More...
   $1 (05-10-2013 - OK)

Stephen A. Osguthorpe v. Wolf Mountain Resorts, L.C.

¶1 The D.A. Osguthorpe Family Partnership (Osguthorpe) appeals the district court’s denial of its motion to compel arbitration of claims between ASC Utah, Inc., (ASCU) and Wolf Mountain Resorts, L.C. (Wolf Mountain). Osguthorpe also asserts that its due process rights were violated by the district court. We affirm.


Opinion of the Court

1 For a mo... More...
   $0 (03-05-2013 - UT)

Edwin Garcia v. Hartford Police Department

In a matter involving employment discrimination and First Amendment retaliation claims, Plaintiff-Appellant Edwin Garcia appeals from a September 27, 2011 final judgment of the United States District Court for the District of Connecticut (Thompson, C.J.), granting summary judgment to the Defendants-Appellees. Garcia, a former sergeant with the City of Hartford Police Department (“Hartford PD”)... More...   $0 (01-28-2013 - CT)

Richard Mark Watts v. Ruth Oliver

In this appeal from a final order in a suit to modify the parent-child relationship, appellant Richard Mark Watts complains that the trial court erred by: (1) limiting expert testimony relevant to the child’s best interest; (2) failing to enter findings of fact and conclusions of law; (3) awarding Ruth attorney’s fees when Richard’s petition was not frivolous; (4) awarding Ruth advisory appe... More...   $0 (01-26-2013 - TX)

Noel C. Gardner v. Mary E. Gardner

¶1 Petitioner Noel C. Gardner (Husband) appeals the district court’s denial of his petition to modify his divorce decree as well as its decision not to hold Respondent Mary E. Gardner (Wife) in contempt for violating a hold harmless provision within the divorce decree. We reverse and remand.


¶2 Husband and Wife married in 1984. Husband filed for divorce in 1991, and th... More...
   $0 (12-28-2012 - UT)

Jane Rivera a/d/a Jane Clayton v. Arthur Rivera

Jane Rivera a/k/a Jane Clayton files this restricted appeal challenging the trial court’s order granting a petition for enforcement with regard to a final divorce decree. Jane contends: (1) the trial court lacked plenary power to enter the order; and (2) the order included an award for unliquidated damages in the absence of any evidence to support the award. Arthur responded to Jane’s second i... More...   $0 (10-18-2012 - TX)

Brian Hartis v. Chicago Title Insurance Co

Brian D. Hartis and Jacqueline H. Hartis (collectively, "the Hartises") appeal from the district court's denial of their 1 motion to remand their suit against Chicago Title Insurance Company ("Chicago Title") to state court. They argue that the district court erroneously determined that the amount in controversy exceeds $5 million under the Class Action Fairness Act (CAFA). In the alternative, the... More...   $0 (09-12-2012 - MO)

Alex H.M. Almohandis v. John Hailman

Alex H.M. Almohandis sued John Hailman on a negligence theory claiming to have been injured and/or damaged as a result of Hailman failing to exercise due care.

The parties herein were involved in an automobile accident on December 18, 2008, near the intersection of South Yale Avenue and East 15th Street in Tulsa, Oklahoma. Plaintiff filed this suit herein seeking damages for personal injuri... More...
   $1 (06-12-2012 - OK)

Dawn McClelland v. Life Ins. Co. of North America

Life Insurance Company of North America (LINA) appeals the district court's1 ruling that LINA abused its discretion in denying death benefits to Dawn McClelland based upon her husband Anthony's life insurance policy. LINA also appeals the district court's award of attorney fees. We affirm the district court's decision on the award of benefits, but remand for further proceedings with regard to the ... More...   $0 (05-24-2012 - MN)

Sophie f. Bronowiski Mulligna Irrevocable Trust v. Todd Arthur Bridges

“Either this wallpaper goes, or I do.”1 The plaintiff, the Sophie F. Bronowiski Mulligan Irrevocable Trust, appeals from a Superior Court judgment in its favor for $1,600, plus interest, in an action for breach of a residential lease agreement. The plaintiff’s complaint alleged that the defendant, Todd Arthur Bridges, a Brown University graduate student, breached his lease agreement by paint... More...   $0 (05-10-2012 - RI)

Cafe Moda, LLC v. Donny Palma

In this appeal, we consider whether NRS 41.141, Nevada’s comparative-negligence statute, permits liability to be apportioned between a negligent tortfeasor and an intentional tortfeasor. Concluding that NRS 41.141 is ambiguous in this regard, we construe the statute as permitting such an apportionment in order to give effect to the Legislature’s intent. Having done so, we determine that the ne... More...   $0 (03-01-2012 - NV)

Daniel Pilgrim and Patrick Kirlin v. Universal Health Card, LLC and Coverdell & Company, Inc.

Hoping to represent a nationwide class of consumers,
Daniel Pilgrim and Patrick Kirlin sued two companies responsible for creating and
marketing a healthcare discount program, alleging that the companies had used deceptive
advertising to sell their product. The consumer-protection laws of many States, not just
of Ohio, govern these claims and factual variations among the claims abo... More...
   $0 (11-11-2011 - )

1212 Restaurant Group, LLC v. Demetri Alexander

¶ 1 Defendant-appellee Demetri Alexander filed a complaint with the Chicago Commission
on Human Relations (Commission) against plaintiffs-appellants Russell Scalise, Scott
Schwab and the 1212 Restaurant Group (1212), alleging harassment and wrongful
termination on the basis of, inter alia, perceived sexual orientation. Following a hearing on
these claims, the Commission found that... More...
   $0 (11-09-2011 - IL)

Allen Thatcher v. Hanover Insurance Group, Inc.

Plaintiff Allen Thatcher filed a putative class action in Arkansas state court against Defendants Hanover Insurance Group, Inc. and Massachusetts Bay Insurance Co. asserting causes of action for unjust enrichment, fraud, constructive fraud, and breach of contract. After Defendants removed the case to federal district court pursuant to the Class Action Fairness Act (CAFA), 28 U.S.C. § 1332(d), Tha... More...   $0 (11-04-2011 - AR)

Eric French v. Barbara French

The circuit court in this divorce case entered a post-decree order that 1) directed appellant Eric French to pay certain debts; 2) awarded appellee Barbara French a survivor annuity option under Mr. French’s federal pension; and 3) awarded Mrs. French $7090 in attorney fees. For reversal, Mr. French argues that the circuit court erred in all three rulings.

We find no error and affirm.
... More...
   $0 (10-12-2011 - AR)

Lydia Rosenfeld v. Oceania Cruises, Inc.

While a passenger aboard the M/V Nautica, Lydia Rosenfeld slipped and fell on a ceramic tile floor near the buffet bar of the vessel’s Terrace Café. She suffered a shoulder fracture and incurred medical expenses as a result of her fall.

Rosenfeld brought this diversity action against the operator of the M/V Nautica, Oceania Cruises, Inc. (“Oceania”), to recover damages for her injuri... More...
   $0 (09-07-2011 - FL)

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