{1} Plaintiff William K. Summers, M.D. (Dr. Summers) brought suit for damages against Defendants Ardent Health Services, L.L.C. and Lovelace Health System, Inc. (Defendants) after his medical privileges were suspended. Relying on a specific section of the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. § 11112 (1986), Defendants requested summary judgment arguing they were immune b... More...   $0 (04-09-2010 - NM)

In six issues, appellant Astoria Industries of Iowa, Inc. (Astoria) complains of the trial court=s judgment awarding appellee Brand FX Body Company (Brand FX) damages in the amount of $705,000 for trade dress infringement and common law misappropriation, $682,200 for false advertising, and $400,000 in attorney=s fees on appellee=s trade dress infringement and false advertising claims, in addition ... More...   $0 (04-08-2010 - TX)

John Tamburo, an Illinois resident who operates a dog-breeding software business in Illinois, filed suit in the Northern District of Illinois alleging federal and state antitrust violations and several inten2 tional tort claims under Illinois law. His claims arise out of a dispute over the contents of a dog-pedigree software program he developed by lifting data from the defendants’ websites. He ... More...   $0 (04-08-2010 - IL)

The plaintiffs appeal the grant of summary judgment to the defendants in this action for retaliation and related claims arising from the removal of their business from a municipal towing list. For the reasons that follow, we AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion.

BACKGROUND

This case arises out of a series of disputes between... More...   $0 (03-26-2010 - OH)

{1} Defendant Katherine Allen appeals from a jury verdict finding her liable for fraud, breach of fiduciary duty, malicious abuse of process, and defamation. Based on these findings of liability, the jury awarded Plaintiff Bill Papatheofanis, Katherine’s ex-husband, $257,500 in compensatory and punitive damages. On appeal, Katherine argues that there was insufficient evidence to support the elem... More...   $0 (03-16-2010 - NM)

Defendant Thomas Dunn, mayor of the Town of Wolcott,
15 appeals from the denial of his motion for qualified immunity
16 by the United States District Court for the District of
17 Connecticut (Droney, J.). When Dunn became mayor, he
18 terminated the employment of plaintiff Denise Taravella, who
19 had been the director of the town’s senior center.
20 Taravella sued Dunn, ... More...   $0 (03-16-2010 - NY)

Defendant Thomas Dunn, mayor of the Town of Wolcott,
15 appeals from the denial of his motion for qualified immunity
16 by the United States District Court for the District of
17 Connecticut (Droney, J.). When Dunn became mayor, he
18 terminated the employment of plaintiff Denise Taravella, who
19 had been the director of the town’s senior center.
20 Taravella sued Dunn, ... More...   $0 (03-16-2010 - NY)

In this § 1983 action, Plaintiff Charles Rehberg sued former District Attorney Kenneth Hodges, specially appointed prosecutor Kelly Burke, and Chief Investigator James Paulk, alleging federal claims for malicious prosecution, retaliatory investigation and prosecution, evidence fabrication, and conspiracy to violate Rehberg’s constitutional rights. Defendants Hodges, Burke, and Paulk, in their i... More...   $0 (03-11-2010 - GA)

Defendants-appellants, who are prison officials, appeal from a judgment of the United
16 States District Court for the District of Connecticut (Dorsey, J.), granting-in-part plaintiff-
17 appellee Joe Burgos Vega’s motion for summary judgment. Vega, a prison inmate, sued
18 Connecticut prison officials alleging, among other things, that they violated his liberty interests
19 and ... More...   $0 (03-02-2010 - NY)

Appellant Garry Wilhite appeals from the trial court's order granting summary judgment in favor of appellee Glazer's Wholesale Drug Company, Inc./Glazer Family of Companies (“Glazer”) and dismissing Wilhite's claims against Glazer. We affirm the trial court's judgment. Background

Wilhite was employed by Freixenet, U.S.A., Inc., a company that supplies certain alcohol products to... More...   $0 (02-26-2010 - TX)

Immunity from civil liability created by an absolute privilege and its application in a defamation action against the Sheriff of St. Lucie County give rise to this appeal. The plaintiff appeals an order setting aside a jury verdict in her favor and entering a directed verdict for the Sheriff and the consequent final judgment. The plaintiff argues that the trial court erred in setting aside the jur... More...   $0 (02-24-2010 - FL)

This case is before us again1 after the appellant (Eventys) sought to amend its lawsuit in circuit court—and also to demand arbitration—seeking in each forum to assert class action claims under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), sections 501.201 – .213, Florida Statutes (2008). Eventys appeals the circuit court’s denial of its motion to allow Eventys to proceed ... More...   $0 (02-24-2010 - FL)

The Privacy Act of 1974, 5 U.S.C. § 552a et seq. (the Act), prohibits federal agencies from disclosing “any record which is contained in a system of records by any means of communication to any person, or to another agency” without the consent of “the individual to whom the record pertains,” unless the disclosure falls within one or more enumerated exceptions to the Act. Id. § 552a(b). <... More...   $0 (02-22-2010 - CA)

Petitioner Arnold Houghton, an officer in the Baltimore City Police Department (“BCPD”), was sued for intentional and constitutional torts committed against Respondent Cheryl Forrest in the course of Houghton’s duties. The case was tried in the Circuit Court for Baltimore City, where a jury found against Houghton and awarded compensatory damages to Forrest. On appeal, Houghton argued that th... More...   $0 (02-19-2010 - MD)

In a second attempt to obstruct the publication of a book

that is critical of his conduct, plaintiff John C. Berkery

appeals from the summary dismissal of his action against

defendants - author Allen M. Hornblum, and distributors Barnes &

Noble, Inc., Amazon.Com, Inc., Barricade Books, Inc. (NY),

Barricade Books, Inc. (NJ), National Book Network, Inc., Rowman
... More...   $0 (02-19-2010 - NJ)

Appellees B.B., C.C., E.E., and G.G., obtained a judgment against Harold R. Newsom for negligence and negligence per se based upon Newsom's failure to warn or protect appellees from acts of sexual assault by Newsom's adult son, Jason. (1) In nine issues, Newsom contends Texas law recognizes no legal duty on the part of a father to warn third parties about the sexual and assaultive history of his a... More...   $0 (02-19-2010 - TX)

Col. (Ret.) Joe H. Bryant (“Bryant”), a former member of the Mississippi Air National Guard’s (“MSANG”) 186th Refueling Wing, sued MSANG and individual MSANG officials (“Individual Appellees”), asserting claims under: (1) the Military Whistleblower Protection Act, 10 U.S.C. § 1034; (2) the Mississippi Bryant’s claims against individual Appellee F. Gregory Malta in his individual 1... More...   $0 (02-17-2010 - MS)

Defendants Jeffrey Zucker and David Hudepohl appeal the denial of their motion for summary judgment based on the defense of qualified immunity from plaintiff Robert Kennedy’s procedural due process claims brought under 42 U.S.C. § 1983. For the reasons that follow, we reverse in part and affirm in part.

In doing so, we hold that Kennedy did not have a protectable property interest in ... More...   $0 (02-16-2010 - OH)

In this action alleging several intentional torts, plaintiff H. Scott Dalley appeals as of right a circuit court order granting defendants summary disposition pursuant to MCR 2.116(C)(8). We affirm in part, reverse in part, and remand for further proceedings.

I. Facts and Underlying Proceedings

A. The Federal Case

This case finds its genesis in a dispute between an insur... More...   $0 (02-11-2010 - MI)

In this diversity action based on Kansas law, Reewen C. D’Souza-Kamath, M.D., appeals the district court’s grant of summary judgment to his former employer, Cloud County Health Center, Inc. (CCHC). The parties are familiar with the facts and procedural history of this case, the district court detailed both, D’Souza-Klamath v. Cloud County Health Center, Inc., No. 07-4031-KGS, 2009 WL 902377,... More...   $0 (02-02-2010 - KS)

Appellant Maurice Oparaji, pro se, appeals the grant of the Appellees’ motions for summary judgment by the United States District Court for the Southern District of New York (Lynch, J.), dismissing his complaint alleging breach of contract, defamation, and other state law claims, as well as the district court’s denial of his motions for reconsideration and vacatur under Federal Rule of Civil P... More...   $0 (02-02-2010 - NY)

In 1988, Ronald Williamson and Dennis Fritz were wrongly convicted of the rape
and murder of Debra Sue Carter. Both men were later exonerated after spending over a
decade in jail. Their painful story caught the attention of renowned legal-fiction author
John Grisham, who wrote a book about Williamson appropriately titled The Innocent
Man. Fritz also wrote a book, Journey Toward Jus... More...   $0 (02-01-2010 - )

This civil rights case arose from the investigation and prosecution of innocent teenagers for a crime they did not commit. Michael Crowe, Aaron Houser, and Joshua Treadway were wrongfully accused of the murder of Michael’s 12-year-old sister Stephanie Crowe. After hours of grueling, psychologically abusive interrogation—during which the boys were isolated from their families and had no access ... More...   $0 (01-21-2010 - CA)

“Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) The litigation costs that the prevailing party may recover include attorney fees when recovery of such fees is authorized by statute. (Id., § 1033.5, subd. (a)(10)(B).) But when “the prevailing party rec... More...   $0 (01-14-2010 - CA)

Eric Canonico appeals an order dismissing, with prejudice, his defamation lawsuit against various media defendants. The trial court dismissed the lawsuit because Mr. Canonico filed his claim prematurely, before satisfying a presuit notice requirement. See § 770.02, Fla. Stat. (2005). His lawsuit was thereafter barred by the applicable statute of limitations. See § 95.11(4)(g), Fla. Stat. (2003).... More...   $0 (01-06-2010 - FL)