1 Defendants/Appellants, Barby Energy Corporation and Bradford Guy Barby (collectively Barby), seek review of the trial court's orders granting judgment based on a jury verdict in favor of Plaintiff/Appellee, Marlin Oil Corporation (Marlin), and awarding costs, attorney fees, and prejudgment interest to Marlin. We reverse to the extent the trial court awarded prejudgment interest to Marlin, and af... More...   $304261 (09-26-2002 - OK)

UnknownThis case involves causes of action for breach of contract, fraud and interference with economic relations, arising out of contracts for the purchase of exclusive rights to music compositions. The trial court granted defendants' motion for judgment on the pleadings on the ground these state law causes of action were preempted by federal copyright law. We conclude that such state law cau... More...   $24000 (09-26-2002 - CA)

J.M., a male, and K.G., a female, began "going together" during their seventh-grade year at Northwood Junior High School. As one would expect from typical junior high students, the two primarily saw each other at school and church, and their relationship was marked by multiple breakups during the school year. Sometime during the summer vacation after the end of the seventh-grade year, K.G. "br... More...   $0 (09-25-2002 - AR)

Diana Lynn Carpenter appeals the grant of summary judgment in favor of Northwest Airlines, Inc. on her claims of race discrimination, religious discrimination, violation of the Family Medical Leave Act (FMLA), and defamation. In addition, Carpenter claims the complaint included claims of hostile working environment and breach of confidentiality. Carpenter has been a reservation sales agent for... More...   $0 (09-23-2002 - MN)

Plaintiffs Mark Rogers, Eric Pelcher and John Emigh appeal the district court's grant of summary judgment to the defendant Police Officer Todd Stark. We agree with the district court that Officer Stark was entitled to qualified immunity from the claims of both Rogers and Emigh; but we rule that summary judgment was inappropriate with respect to Pelcher. In addition, we rule that plaintiff Pelcher ... More...   $0 (09-23-2002 - NY)

Medical Laboratory Management Consultants ("Medical Lab") and John Devaraj ("Devaraj"), a founder and owner of Medical Lab, (collectively "Plaintiffs") brought this action against American Broadcasting Companies ("ABC") and individuals allegedly involved in producing the segment Rush to Read for ABC's television program PrimeTime Live (collectively "Defendants"). The district court, exercisi... More...   $0 (09-20-2002 - AZ)

The Tierneys and two of their four children brought this wide-ranging civil-rights suit (42 U.S.C. § 1983) against 19 individuals and two institutions - the public school district of Quincy, Illinois, and a private swimming club in Quincy - charging retaliation and conspiracy to retaliate against the family for the exercise by Mr. and Mrs. Tierney of their right of free speech. The distric... More...   $0 (09-18-2002 - IL)

Karen Poyser filed a defamation lawsuit against St. Richard's School, her former employer, David Peerless and Claudia Hilligoss, her supervisors at the school, the St. Richard's Board of Directors, and Karen Dorfman, president of the Board (collectively referred to as "the School"). The School moved for summary judgment, which motion was granted by the trial court. Poyser now appeals the summary j... More...   $0 (09-17-2002 - IN)

A jury awarded Susan Anderson compensatory and punitive damages against Central Bering Sea Fishermen's Association and its president, Carl Merculief, based upon her claims of constructive retaliatory discharge, promissory estoppel, and defamation. The Association and Merculief challenge various aspects of the damages awards. We agree that the jury's award of lost earnings is excessive; however,... More...   $638000 (09-06-2002 - AK)

Respondent, Lynne Olson, sued petitioner for medical malpractice, alleging medical negligence for engaging in a sexual relationship with respondent while she was a patient. The complaint also alleged a breach of fiduciary duty in that petitioner disclosed to others respondent's confidential psychiatric information. Respondent served petitioner with a first request for production of documents t... More...   $0 (09-04-2002 - FL)

Arwen Bird ("Bird") appeals the judgment in favor of Lewis & Clark College and a number of school administrators (collectively, "the College"). Bird alleges, among other claims, that the College discriminated against her on the basis of disability, in violation of the Rehabilitation Act ("Rehab Act"), 29 U.S.C. § 794 et seq., and Title III of the Americans with Disabilities Act ("ADA"), 42 U... More...   $5000 (09-04-2002 - OR)

Melanie Williams brought this action against Defendants Motorola, Inc., and several individuals. Her Amended Complaint contained thirteen counts and alleged federal claims under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), codified at 29 U.S.C. §§ 1160 et seq., the Employment Retirement Income Security Act of 1974 ("ERISA"), codified at 29 U.S.C. §§ 1001 et seq., Title VII... More...   $0 (09-03-2002 - FL)

Defamation claim by former Wal-Mart employee who claimed that he was wrongfully accused of shoplifting chewing tobacco and was further harmed by the spread of those allegations Wal-Mart.... More...   $8500000 (08-31-2002 - MS)

In a case of first impression in this circuit, we must review the application of the Health Care Quality Immunity Act (HCQIA), 42 U.S.C. §§ 11101-11152, to the contention of Dr. Kunwar Singh that defendants Blue Cross/Blue Shield of Massachusetts, Inc. ("Blue Cross") and Dr. Benjamin White (as Blue Cross's auditor) violated Dr. Singh's rights in numerous ways during their review of his treatment r... More...   $0 (08-28-2002 - MA)

Robert Konop brought suit against his employer, Hawaiian Airlines, Inc. (“Hawaiian”), alleging that Hawaiian viewed Konop’s secure website without authorization, disclosed the contents of that website, and took other related actions in vio-lation of the federal Wiretap Act, the Stored Communications Act, and the Railway Labor Act. Konop also alleged several state tort claims... More...   $0 (08-23-2002 - HI)

Appellant Edward Wojcik ("Wojcik") and his wife, Debra, brought suit against the Massachusetts State Lottery Commission ("Lottery Commission") and a handful of Lottery Commission officials for damages arising out of Wojcik's termination as a Lottery Commission employee. After dismissing the claims against one defendant on Eleventh Amendment grounds, the district court granted the remaining defenda... More...   $0 (08-20-2002 - MA)

Plaintiffs, Peter Schivarelli and H.D. Stands, L.L.C., also known as Demon Dogs, appeal the order of the circuit court dismissing their complaint against defendants, CBS Broadcasting, Inc.(1), WBBM Television, and Pamela Zekman, for defamation, false light invasion of privacy, commercial misappropriation, and commercial disparagement. Plaintiffs also appeal the order of the circuit court denying t... More...   $0 (08-16-2002 - IL)

Plaintiffs, Peter Schivarelli and H.D. Stands, L.L.C., also known as Demon Dogs, appeal the order of the circuit court dismissing their complaint against defendants, CBS Broadcasting, Inc.(1), WBBM Television, and Pamela Zekman, for defamation, false light invasion of privacy, commercial misappropriation, and commercial disparagement. Plaintiffs also appeal the order of the circuit court denying t... More...   $0 (08-16-2002 - IL)

Plaintiff-appellant Service Professionals, Inc. ("SPI") is a minority-owned business. Defendant-appellee Allstate Insurance Company maintains a list of vendors to which it refers its insureds for repair work. SPI was on this list, but allegedly received a disproportionately low number of the referrals. SPI filed the present suit alleging that Allstate's referral practices amounted to racial discri... More...   $0 (08-16-2002 - OK)

Karen Poyser filed a defamation lawsuit against St. Richard's School, her former employer, David Peerless and Claudia Hilligoss, her supervisors at the school, the St. Richard's Board of Directors, and Karen Dorfman, president of the Board (collectively referred to as "the School"). The School moved for summary judgment, which motion was granted by the trial court. Poyser now appeals the summary j... More...   $0 (08-15-2002 - IN)

In June 2001, plaintiff, Richard Thomas, filed an amended complaint alleging malicious prosecution against defendants, Dick Hileman and Edward Masters. The malicious prosecution action arose from a defamation action brought by Hileman, through Hileman's attorney, Masters, against Thomas. See Hileman v. Thomas, No. 4-00-0514 (December 5, 2000) (unpublished order under Supreme Court Rule 23). In ... More...   $0 (08-14-2002 - IL)

In 1989, the Illinois legislature enacted the Illinois Uniform Conviction Information Act (Act) (20 ILCS 2635/1 et seq. (West 2000)). It declared that conviction information maintained by the Illinois Department of State Police (the Department) would be made available to the public. 20 ILCS 2635/2(A) (West 2000). The purpose of the Act is to establish a uniform policy for access and dissemina... More...   $0 (08-08-2002 - IL)

In reviewing the trial court's ruling, we determine whether the record on s... More...   $0 (08-07-2002 - OR)

In what may be the first case of it's kind to be resolved at trial, Dallas-based ZixIt Corporation sued Visa USA and Visa International Service Association in December 1999, alleging that a Visa employee had caused Zixit's stock... More...   $0 (08-02-2002 - TX)

The underlying action, Kuzmich v. Mexican Political Assn. (Super. Ct. Riverside County, 1998, No. 283066) (Kuzmich), arose from demonstrations and personal confrontations occurring in and around a public school. The plaintiffs were teachers and administrators at the school who alleged that the demonstrators' actions and speech amounted to harassment and defamation; the defendants were allege... More...   $0 (08-01-2002 - CA)