Sico North America, Inc. v. James R. Willis, individually and as next friend of John Willis |
In this products liability action, Sico America, Inc.[1] appeals a judgment entered on a jury verdict in favor of James R. Willis, individually and as next friend of John Willis. In two issues, Sico challenges (1) the district court=s decision to apply Minnesota law instead of the Texas statute of repose; and (2) the legal sufficiency of the evidence to support the jury=s negligence finding. We $0 (09-10-2009 - TX) |
Brazoria County v. Kym Van Gelder |
Brazoria County, the appellant in this interlocutory appeal, asserts governmental immunity against a personal-injury lawsuit filed by the appellee, Kym Van Gelder. Van Gelder alleges that a road bump constitutes a Aspecial defect@ for which the Texas Tort Claims Act (the ATTCA@) waives immunity and that Brazoria County (the ACounty@) can also be held responsible under ordinary premises liability $0 (09-17-2009 - TX) |
Bonnie Curtis v. Philip G. Lofy and Margaret Lofy |
In July 2001, plaintiff, Bonnie Curtis (Bonnie), filed suit against defendants, Philip G. Lofy and his mother Margaret Lofy, in Sangamon County case No. 01-L-249 (Curtis I). The lawsuit arose out of an accident that occurred in December 2000. In March 2005, the trial court granted Margaret's motion for summary judgment. In May 2005, Bonnie voluntarily dismissed the suit. |
James W. Smoak, et al. v. Eric Hall |
David Bush, one of the police-officer defendants in this 42 U.S.C. § 1983 action claiming use of excessive force, appeals a jury award for the plaintiffs. Bush contends that the district court erred by denying his motions for judgment as a matter of law and qualified immunity. For the reasons that follow, we AFFIRM the judgments of the district court. |
Martin Droz v. P.J. McCadden, State Trooper |
Defendant-Appellant State Trooper P.J. McCadden appeals |
Khem Bissessur v. Indiana University |
Khem Bissessur was expelled from the Indiana University School of Optometry after receiving several sub-par grades and failing a clinical rotation. He alleges that he had a protected property interest in a continuing education at the University, which was established in an implied contract between the parties. It is the University’s violation of his entitlement to a continuing education, he asse $0 (09-13-2009 - ) |
Douglas Rush v. Barbara Perryman |
Douglas Rush, former President of Ozarka College, sued members of the Ozarka College Board of Trustees ("the Board"), alleging in ten causes of action that members of the Board violated some of his state and federal statutory and constitutional rights. The district court1 concluded that Rush only stated valid claims under the First and Fourteenth Amendments and dismissed the remainder of his claim $0 (09-03-2009 - AR) |
Wasatch Pedicab Co., L.L.C. v. Salt Lake City Corporation |
The district court dismissed Wasatch Pedicab Company LLC’s (“Wasatch”) 42 U.S.C. § 1983 claim against the Salt Lake City Corporation (the “City”) for violation of the Equal Protection Clause of the Fourteenth Amendment for failure to state a claim.1 We affirm. |
Steffan Hobbs v. Marsha Zenderman, et al. |
Steffan Hobbs, by and through his parents as next friends, sued several employees of the New Mexico Human Services Department (“NMHSD”) following that agency’s denial of Hobbs’ application for Medicaid benefits. NMHSD’s denial turned on its determination that a certain trust was a “countable resource” because the trust was not being administered for Hobbs’ sole benefit. Hobbs advan $0 (09-01-2009 - NM) |
Judy Oxford, et al. v. Foster Wheeler, Inc. |
Defendant Foster Wheeler LLC appeals from the judgment entered against it after a jury trial. Defendant contends the trial court erred in refusing to enter judgment in its favor based on the jury‘s positive finding on the federal ―government contractor defense.‖ Defendant also claims the court erred in refusing to instruct on the ―sophisticated user‖ doctrine, and that the jury‘s findi $0 (09-11-2009 - CA) |
Ann Swanson v. City of Groton |
This case involves a tragic turn of events, which left one man, Grover Bressert, Sr., dead, after being fatally stabbed by Marcelino Lasalle at the Rand Lodge, a rooming house, in Groton. The plaintiff Ann Swanson, acting as the administratrix of the estate of Grover Bressert and as the mother and next friend of the minor children of herself and Bressert,1 appeals from the summary judgment of the $0 (09-07-2009 - CT) |
Deborah Ellis, et al. v. Mississippi Department of Health, et al. |
Plaintiffs brought suit against the Mississippi Department of Health and thirteen of its employees in their official and individual capacities alleging constitutional violations stemming from three separate warrantless searches of the Susie M. Brooks Child Care Facility by the Mississippi Department of Health (MSDH). The searches were conducted pursuant to Mississippi statute permitting inspection $0 (09-02-2009 - MS) |
Neiland Cohen v. United States of America |
Comic-strip writer Bob Thaves famously quipped, “A fool and his money are soon parted. It takes creative tax laws for the rest.” In this case it took the Internal Revenue Service’s (“IRS” or “the Service”) aggressive interpretation of the tax code to part millions of Americans with billions of dollars in excise tax collections. Even this remarkable feat did not end the IRS’s creati $0 (09-03-2009 - D.) |
Paris Hilton v. Hallmark Cards |
We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission. |
St. Vincent's Medical Center, Inc., et al. v. Robert and Tammy Bennett, et al. |
In these consolidated appeals, St. Vincent’s Medical Center, Inc., William H. Long, M.D., and North Florida Obstetrics and Gynecology, P.A., challenge a final order of the Division of Administrative Hearings (DOAH) in which the administrative law judge (ALJ) held that the child of Robert and Tammy Bennett, appellees, did not qualify for coverage by the Florida Birth-Related Neurological Injury C $0 (08-21-2009 - FL) |
James L. Butler, Jr. v. Sukhoi Company, et al. |
Sukhoi Company (“Sukhoi”), United Aircraft Manufacturing Corporation (“UAC”), Irkut Corporation (“Irkut”), Sukhoi Civil Aircraft (“SCA”), and The Russian Federation (“Russia”) (collectively, “appellants”) appeal the order of the district court denying their motion to dismiss the complaint filed by appellees James Butler and his wife, Bari Butler (hereinafter “the Butlers $0 (08-19-2009 - FL) |
Letitia C. Abromats, Philip E. Abromats v. Don Wood and Brenda Wood |
[¶1] Philip and Letitia Abromats request relief from summary judgment granted to Don and Brenda Wood, claiming that the district court erred when it found that one allegedly defamatory statement contained in a victim impact statement was not libel per se and that the other allegedly defamatory statement was protected by qualified immunity as a statement concerning a common interest. The Woods, in $0 (08-26-2009 - WY) |
P. Christopher Swanson v. The Town of Mountain View, Colorado |
This case arises from allegations that traffic police for the town of Mountain View, Colorado issued tickets for infractions committed outside the town’s boundaries. Mountain View is a small suburb adjacent to Denver, sharing several streets as a common border. The plaintiffs here are motorists who were stopped and ticketed by Mountain View officers for infractions that occurred on the border st $0 (08-19-2009 - CO) |
Barbara Green, et al. v. Jonthan S. Post; Pueblo County Sheriff's Department |
This case arises out of a collision on June 16, 2006, in which Willis C. Green was killed when his vehicle was struck by a police vehicle driven by Defendant Pueblo County Sheriff’s Department Deputy Jonathon Post. Plaintiffs, Barbara Green, the surviving spouse of Willis Green, and her two children, Stephen and Randy Green (collectively “the Greens”), sued Deputy Post and others,1 alleging $0 (08-07-2009 - CO) |
Wagoner County Rural Water District No. 2., et al. v. Grand River Dam Authority, et al. |
In a dispute over water rights, six plaintiffs—four water districts, a nonprofit corporation, and a private nursery—sued several defendants, including defendants-appellees Grand River Dam Authority (“GRDA”), the United States, and the United States Army Corps of Engineers. The district court dismissed GRDA on Eleventh Amendment immunity grounds and the federal defendants on sovereign immun $0 (08-24-2009 - OK) |
Araceli Cardenas (Castellano) v. Farmers Insurance Company |
Defendant Farmers Insurance Company appeals a supplemental judgment awarding attorney fees to plaintiff, its insured, after plaintiff prevailed in an action for payment of uninsured motorist (UM) benefits. Plaintiff cross-appeals, seeking additional fees. The question before us on appeal is whether a dispute concerning the enforceability of a release is an issue that relates only to "damages"; i $0 (08-20-2009 - OR) |
Russell Christoff v. Nestle USA, Inc. |
In 1986, professional model Russell Christoff was paid $250 to pose for a photograph to be used in Canada on a label for bricks of coffee. Sixteen years later, Christoff saw his face on a jar of Taster‟s Choice instant coffee in the United States and discovered that his image had been used without his consent on millions of labels sold internationally for the preceding five years. Christoff file $0 (08-17-2009 - CA) |
Richard A. Yabsley v. Cingular Wireless, LLC |
Respondent Cingular Wireless, LLC (Cingular) advertised a cellular phone for sale at half the retail price if the purchaser also enrolled in a calling plan package. The California Code of Regulations requires that sales tax be computed on the non-sale price of the product. The regulation permits, but does not require, that the charge be passed on to the customer. Cingular did so without informing $0 (08-20-2009 - CA) |
Dorothy and Robert Greenwood as Personal Representatives of the Estate of Michael Anderson, a Minor Deceased v. Clifford Anderson, Jr. |
Appellants, Dorothy and Robert Greenwood, appeal the circuit court’s grant of summary judgment in favor of appellee Clifford Anderson, Jr. on the basis of parental immunity. We accepted certification of this case from the court of appeals pursuant to Ark. Sup. Ct. R. 1-2(b)(4) and (5), as this case involves an issue of substantial public interest and a significant issue needing clarification or $0 (06-18-2009 - AR) |
Elizabeth Sanchez v. |
Plaintiff Elizabeth Sanchez was a high-ranking employee of the County of San Bernardino (the County), widely regarded as a “rising superstar.” Among her other accomplishments, she negotiated a labor contract with the Safety Employees Benefits Association (the Association), the labor union responsible for representing sheriff‟s deputies. Thereafter, however, she and James Erwin, the president $0 (08-07-2009 - CA) |
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