Tenet Hospitals Limited, d/b/a/ Sierra Medical Center, Jaclyn Brown, R.N., Tammy Prophet, R.N., Kayla Chavez, R.N., Gloria Tomasino, R.N.C., and Dee Dee Shaw, R.N., Appellants, appeal the trial court's denial of its motion to dismiss Dalia De La Riva's health care liability case. In two issues on appeal, Appellants contend that the expert reports submitted by De La Riva were inadequate and fatally... More...   $0 (06-29-2011 - TX)

Nathaniel Cooper suffered a heart attack and died on the job while employed by appellee United Parcel Services, Inc. A workers’ compensation claim was filed by Cooper’s fiancée, appellant Terrica Barnes, on behalf of their son, Kainan. After Cooper’s injury was determined to be not compensable for purposes of workers’ compensation, Barnes filed suit against UPS, alleging gross negligenc... More...   $0 (06-23-2011 - TX)

Matthew Preston alleges the City of Pleasant Hill, Iowa (Pleasant Hill) and Reylon Meeks (collectively, defendants) violated Preston’s procedural due process rights when he was relieved of his responsibilities to fight, inspect, and investigate fires for the Pleasant Hill Volunteer Fire Department (VFD). The district court1 granted defendants’ motion for summary judgment and dismissed Prestonâ... More...   $0 (06-22-2011 - IA)

This lawsuit stems from the tragic, untimely death of Suzie Pena (Suzie), who was killed by police officers in the special weapons and tactics (SWAT) unit as they attempted to rescue her from her father, Raul Pena (Pena), who held her hostage. Suzie was only 19 months old when she died. Appellant Lorena Lopez is Suzie‟s mother. She challenges the trial court‟s entry of nonsuit, finding that sh... More...   $0 (06-13-2011 - CA)

In the Circuit Court for Baltimore City, Kevin Antoine Mitchell, the appellant, sued the Housing Authority of Baltimore City (“HABCâ€�), the appellee, for damages for injuries he allegedly sustained due to childhood lead paint poisoning. The HABC moved for summary judgment on the ground that neither Mitchell nor a representative had satisfied the notice requirements of the Local Government Tort ... More...   $0 (05-25-2011 - MD)

The primary issue in this appeal is whether the City of Lexington, which owned and operated a riverside park that included a low-head dam, owed a duty to warn its invitees of the dangers posed by the dam. We also consider whether the circuit court properly struck claims of gross negligence and willful and wanton negligence.

BACKGROUND

On April 23, 2006, Charles O. Volpe (“Charl... More...   $0 (05-21-2011 - VA)

Defendants Thomas Haughey and USI MidAtlantic, Inc. appeal a second time from a judgment entered against them in the Eastern District of Pennsylvania. (Our earlier decision, to which we will refer as Graham I, is reported at 568 F.3d 425 (3d Cir. 2009).) A jury found Haughey and USI liable for surreptitiously infringing the William A. Graham Company‘s copyrights over the course of more than a de... More...   $0 (05-16-2011 - PA)

We are presented with two issues that are the subject of this appeal and cross-appeal: whether the trial court correctly denied a directed verdict for Claire’s on the Locastros’ negligence claim and whether the trial court correctly entered summary judgment for Claire’s on its claim of contractual indemnity. We affirm the trial court’s denial of Claire’s motion for a directed verdict on ... More...   $0 (05-11-2011 - FL)

This is an appeal of an order entered January 26, 2010, in the Circuit Court of Kanawha County, which affirmed a family court order denying Appellant Mickey Justice’s Petition for Modification of a parenting plan involving his special needs son. At issue is whether certain orders of the family court were so vague as to the requirements necessary for a modification that it was impossible for Appe... More...   $0 (05-04-2011 - WV)

April Gallop (“Gallopâ€�) appeals from a March 18, 2010 judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) dismissing her complaint asserting violations of her constitutional rights pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), a common law tort of conspiracy to cause death and great bodily harm, and a violati... More...   $0 (04-27-2011 - NY)

Appellee PBM Products, LLC (PBM) filed this action pursuant to the Lanham Act, 15 U.S.C. §1125(a), against Appellant Mead Johnson & Company, LLC (Mead Johnson) alleging that Mead Johnson distributed more than 1.5 million direct-to-consumer mailers that falsely claimed PBM’s baby formula products were inferior to Mead Johnson’s baby formula products. After a jury found that Mead Johnson had en... More...   $0 (04-20-2011 - VA)

Plaintiff Anna “Callieâ€� Moore (“Mooreâ€�) sued Defendant Clyde Reese, Commissioner of Georgia’s Department of Community Health (“DCHâ€�),1 for allegedly violating the Medicaid Act (“the Actâ€�) by reducing Moore’s Medicaidfunded private duty nursing care from 94 to 84 hours per week. The district court granted Moore’s motion for partial summary judgment and denied DCH’s crossmoti... More...   $0 (04-07-2011 - GA)

¶1 Wendell Arden Grissom, Appellant, was tried by jury and found guilty of Count 1, murder in the first degree, in violation of 21 O.S.Rev.Supp.2005, § 701.7(A); Count 2, shooting with intent to kill, in violation of 21 O.S.Rev.Supp.2005, § 652(A); Count 3, grand larceny, in violation of 21 O.S.2001, § 1705; and Count 4, possession of a firearm after former conviction of a felony, in violation... More...   $0 (04-01-2011 - OK)

¶1 Appellant, Kevin Ray Underwood, was charged in McClain County District Court (Case No. CF-2006-102) with First Degree Murder (21 O.S.Supp.2004, § 701.7(A)). The State alleged three aggravating circumstances in support of the death penalty. The district court granted Appellant's request for a change of venue, and the case was transferred from McClain County to Cleveland County (Case No. CF-200... More...   $0 (03-25-2011 - OK)

¶1 Appellant, Kevin Ray Underwood, was charged in McClain County District Court (Case No. CF-2006-102) with First Degree Murder (21 O.S.Supp.2004, § 701.7(A)). The State alleged three aggravating circumstances in support of the death penalty. The district court granted Appellant's request for a change of venue, and the case was transferred from McClain County to Cleveland County (Case No. CF-200... More...   $0 (03-25-2011 - OK)

¶1 The issue is whether an action to recover medical expenses for injuries to a child is time-barred. Revising Arizona’s common law rule, we hold that both the minor and the minor’s parents are entitled to recover pre-majority medical expenses, but double recovery is not permitted. Pearson & Dickerson Contractors, Inc. v. Harrington, 60 Ariz. 354, 137 P.2d 381 (1943), and S. A. Gerrard Co. v.... More...   $0 (03-25-2011 - AZ)

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building.

Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of ... More...   $0 (03-24-2011 - KY)

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building. Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of the zon... More...   $0 (03-24-2011 - KY)

Six days after birth, plaintiff Aidan Ming-Ho Leung suffered irreversible brain damage caused by “kernicterus,â€� a condition that results when an infant‟s level of “bilirubinâ€� (a waste product of red blood cells which causes jaundice) becomes toxic. Through his guardian ad litem (his mother, Nancy Leung), Aidan sued his pediatrician, Dr. Steven Wayne Nishibayashi, and his professional cor... More...   $0 (03-23-2011 - CA)

Appellant John Doe III appeals to this Court from the magistrate’s order terminating his parental rights to his four children. We reverse and remand.

I.

FACTS AND PROCEDURAL HISTORY

Appellant John Doe (“Fatherâ€�) and his former wife (“Motherâ€�) are parents to four children, a girl and three boys. At the time of the hearing on the petition to terminate Father’s parent... More...   $0 (03-03-2011 - ID)

Infant plaintiff was born in October 1995 with cerebral palsy and spastic quadriplegia. In March 2003, defendant doctor operated on the infant's right and left hips, which had both dislocated as a consequence of her maladies. These surgeries, performed two weeks apart, entailed cutting and repositioning the bones that join at the hip and fixing them with a plate (with side screws) and a hip screw.... More...   $0 (02-15-2011 - NY)

On September 23, 2008, appellants, Giuseppina, Tom, and David Muti, filed a complaint in the Circuit Court for Baltimore City, naming appellee, University of Maryland Medical System Corporation (“UMMSâ€�), as the sole defendant and claiming three counts of wrongful death and one count of medical negligence as a survival action. On August 31, 2009, appellee moved to dismiss appellants’ wrongful... More...   $0 (02-04-2011 - MD)

Orlando Regional Healthcare System, Inc. ("Orlando Regional"), seeks certiorari review of an order denying its motion for summary judgment. Because the trial court denied a claim for statutory immunity from suit under Florida's Birth-Related Neurological Injury Compensation Act ("NICA"),1 certiorari jurisdiction is appropriate. See Pediatrix Med. Grp. of Fla., Inc. v. Falconer, 31 So. 3d 310 (Fla.... More...   $0 (02-04-2011 - FL)

Defendant James Deweese appeals from a judgment entered on October 6, 2009 by the United States District Court for the Northern District of Ohio. The district court granted Plaintiff American Civil Liberties Union of Ohio Foundation, Inc.’s summary judgment motion for declaratory and injunctive relief, holding that the poster Defendant hung in his Richland County, Ohio courtroom violated the Est... More...   $0 (02-02-2011 - OH)

¶1 The issue is whether an action to recover medical expenses for injuries to a child is time-barred. Revising Arizona’s common law rule, we hold that both the minor and the minor’s parents are entitled to recover pre-majority medical expenses, but double recovery is not permitted. Pearson & Dickerson Contractors, Inc. v. Harrington, 60 Ariz. 354, 137 P.2d 381 (1943), and S. A. Gerrard Co. v.... More...   $0 (01-21-2011 - AZ)