A Massachusetts jury convicted petitioner Michael Lyons ("Lyons") of second-degree murder in the death of his two week old son. Lyons timely filed a motion seeking to reduce the verdict to involuntary manslaughter, which the trial court granted and the Massachusetts Appeals Court ("MAC") affirmed. However, on appeal to the Supreme Judicial Court ("SJC"), the court vacated the reduction and reinsta... More...   $0 (01-17-2012 - MA)

Appellee United Parcel Services, Inc. filed a motion for rehearing of our opinion issued on June 23, 2011. Appellant Terrica Barnes filed a response. We grant rehearing and withdraw our opinion and judgment of June 23, 2011, issuing the following in their stead. See Tex. R. App. P. 19.1(b). Our disposition of the appeal remains unchanged.

Nathaniel Cooper suffered a heart atta... More...   $0 (01-12-2012 - TX)

The sole issue on this appeal is whether the trial court, in awarding preverdict interest, properly discounted future wrongful death damages back to the date of decedent's death and awarded interest from the date of death to the date of verdict. We agree with the courts below and affirm the judgment as entered. We do not reach the question of whether the interest should have been added to the futu... More...   $0 (01-10-2012 - NY)

¶ 1 Plaintiffs, Dustin Kundert and Krista Grady, brought this medical malpractice suit on behalf of their deceased child, Kameryn Kundert, and his estate against defendant, Illinois Valley Community Hospital (Illinois Valley). The circuit court of La Salle County dismissed the action pursuant to section 2-615 of the Illinois Code of Civil Procedure (the Code). 735 ILCS 5/2-615 (West 2008). Plaint... More...   $0 (01-10-2012 - IL)

William Breit (“Breit”) appeals the order of the Circuit Court for the City of Virginia Beach (“trial court”) sustaining Beverley Mason’s (“mother”) and L.F.’s (“child”) pleas in bar to Breit’s petition to determine parentage of L.F. Breit contends the trial court erred in holding that he is barred from asserting that he is the legal father of L.F. L.F. was conceived as a res... More...   $0 (12-28-2011 - VA)

In this domestic relations proceeding, the circuit court in its final order of divorce denied a motion by Cheyep Nkopchieu (mother) to enter a qualified domestic relations order (QDRO) permitting her to attach a retirement account belonging to Raymond Bernard Minlend (father) for the sole purpose of paying father’s very considerable child support arrearage of over $28,000. On appeal, we hold tha... More...   $0 (12-20-2011 - VA)

In a roiling support and custody dispute involving an infant child, did the trial court act within its discretion in disqualifying the child’s paternal grandfather from representing his son, the father, against the mother of his grandson?

We hold that it did. A plethora of family entanglements, potential misuse of confidential information, a conflict posed by the near-certain prospect tha... More...   $0 (12-13-2011 - CA)

This case raises issues of First Amendment law. At the center of the dispute is The Price of Sugar, a documentary film released in 2007 by film company Uncommon Productions, LLC, and its principal William M. Haney, III. The film depicts the treatment of Haitian laborers on sugarcane plantations in the Dominican Republic. It refers by name to brothers Felipe and Juan Vicini Lluberes, senior executi... More...   $0 (12-02-2011 - MA)

The plaintiff in this suit under 42 U.S.C. § 1983 appeals from the grant of summary judgment in favor of the defendants—two Illinois state police officers (Gerard Fallon and Joseph Micci), three police officers of the Village of Hanover Park, Illinois (Todd Carlson, Carol Lussky, and Eric Villanueva), and the Village itself. The suit, which seeks damages, charges the individual defendants with ... More...   $0 (11-21-2011 - IL)

Billy Joe Sowell was convicted of aggravated murder and sentenced to death by a three-judge panel in 1983. At sentencing, counsel’s mitigation strategy was to portray Sowell as a good person who lost his temper under the influence of drugs and alcohol. Counsel pursued this strategy despite having available the reports of several court-appointed mental health experts, which hinted at Sowell’s d... More...   $0 (11-15-2011 - OH)

The Texas Department of Family and Protective Services (the "Department") received a complaint regarding April LeShore's two children. After an investigation by the Department, the trial court issued an order appointing the Department as temporary managing conservator of the children. Ultimately, after several hearings, the trial court issued an order terminating April LeShore's parental rights. L... More...   $0 (11-10-2011 - TX)

[¶1.] Lacy Jo March (March) filed a Petition and Affidavit for Protection Order on November 18, 2010, seeking a protection order against Roger Thursby (Thursby). The circuit court granted March the protection order. Thursby appeals, alleging that the findings of fact are insufficient to support the order as signed. Because the findings of fact do not support the protection order the circuit court... More...   $0 (11-09-2011 - SD)

[¶1.] Lacy Jo March (March) filed a Petition and Affidavit for Protection Order on November 18, 2010, seeking a protection order against Roger Thursby (Thursby). The circuit court granted March the protection order. Thursby appeals, alleging that the findings of fact are insufficient to support the order as signed. Because the findings of fact do not support the protection order the circuit court... More...   $0 (11-09-2011 - SD)

This case involves a custody dispute between Charles V. Hernandez, the biological father of two minor children, and Janice Ausburn, the children’s maternal grandmother. The magistrate court granted shared physical custody to Charles and Janice. Charles appealed to the district court, which affirmed. We affirm the district court.

I.

BACKGROUND

Charles V. Hernandez and Kerri A... More...   $0 (11-02-2011 - ID)

Appellee Gilbert Buenrostro was employed by The City of Laredo for fifteen years as a police officer in the Laredo Police Department. The City terminated appellee’s employment, and following an administrative hearing before the Firefighters’ and Police Officers’ Civil Service Commission (the “Commission”), the Commission upheld the City’s decision. Appellee appealed to the district cou... More...   $0 (10-26-2011 - TX)

2 Defendant Oregon Medical Group, P.C. (OMG) appeals a general judgment
3 entered on a jury verdict in favor of plaintiffs Bobbi and Kevin Klutschkowski and their
4 son Braedon Klutschkowski in this medical negligence action arising from the
5 circumstances of Braedon's birth and a supplemental judgment awarding plaintiffs their
costs and disbursements.1 6 On appeal, OMG contends, ... More...   $0 (09-21-2011 - OR)

2 Defendant Oregon Medical Group, P.C. (OMG) appeals a general judgment
3 entered on a jury verdict in favor of plaintiffs Bobbi and Kevin Klutschkowski and their
4 son Braedon Klutschkowski in this medical negligence action arising from the
5 circumstances of Braedon's birth and a supplemental judgment awarding plaintiffs their
costs and disbursements.1 6 On appeal, OMG contends, ... More...   $0 (09-21-2011 - OR)

¶1. In this personal-injury, products-liability case, the jury awarded the plaintiff $7 million, finding that Trellvion Gaines had been brain-damaged from exposure to lead. In an effort to convince this Court to reverse the trial judgment and to render judgment in its favor, the defendant, Sherwin-Williams Company, challenges the reliability of plaintiff’s causation experts and fact witnesses. ... More...   $0 (09-15-2011 - MS)

"A forum non conveniens dismissal must be based on the finding that, when weighed against plaintiff’s choice of forum, the relevant public and private interests strongly favor a specific, adequate, and available alternative forum."1 Plaintiffs in this case are citizens and residents of China who allege that they were injured by melamine-contaminated infant formula in China. The contaminated prod... More...   $0 (09-06-2011 - )

Christian Arroyo contracted a bacterial infection from his mother during his birth. The physicians involved in Christian’s delivery and postdelivery care failed to diagnose and treat this infection in a timely manner, which caused the newborn to suffer severe brain injuries. Several years later, Christian’s parents filed suit against the United States under the Federal Tort Claims Act. The dis... More...   $0 (09-01-2011 - IL)

Allison Anderson and Timothy Anderson seek review by certiorari of the circuit court's nonfinal order denying their motion to lift the abatement of their civil action against Helen Ellis Memorial Hospital Foundation, Inc. (the Hospital), pending a determination of the available benefits under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan).1 Because the circuit court's o... More...   $0 (08-19-2011 - FL)

This case arises from an unfortunate situation of child-on-child abuse within the foster care system. Plaintiffs are a foster couple and their now-adopted foster children who allege they incurred injuries after an abusive foster child was placed in their home in August of 2002. In this § 1983 action, Plaintiffs raised several state and federal claims against the State of Utah and the various Stat... More...   $0 (07-27-2011 - UT)

A minor’s attorney filed this appeal on his own behalf, dissatisfied with the attorney fees he was awarded in an order approving a compromise in a medical malpractice case. We reverse and remand so the trial court may award fees pursuant to the applicable California Rule of Court, not the local court rule that was preempted at the time of the award. In addition, the trial court was not required ... More...   $0 (07-21-2011 - CA)

In a diversity suit that presents issues of Wisconsin common law, Schreiber Foods charges Lei Wang with fraud. The district court granted summary judgment in favor of the defendant on the ground that the suit was barred by Wisconsin’s version of the economic-loss doctrine of tort law.

Lei Wang is an American citizen of Chinese descent who owns an automotive-parts supply business in Chicag... More...   $0 (07-05-2011 - WI)

In this medical malpractice action, the plaintiff minor patient and his father appeal from an adverse judgment, arguing a subsequent treating physician should not have been allowed to testify for the defendant physician and that jury instructions improperly referred to the standard of care of a well-qualified “pediatric interventional cardiologist,” which is not a board-certified medical speci... More...   $0 (06-30-2011 - IL)