{¶ 1} Respondent-appellant, Kathleen Ellinwood, appeals the November 19, 2009 judgment of the Lucas County Court of Common Pleas granting petitioner-appellee, Kelly Clark, a five-year civil stalking protection order ("CSPO"). For the reasons that follow, we affirm.

{¶ 2} On August 24, 2009, appellee filed a petition for a CSPO pursuant to R.C. 2903.214. Appellee stated the basis for the p... More...   $0 (01-14-2011 - OH)

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 (12-23-2010 - IL)

Christine Eldred appeals the custody and visitation provisions of the parties‟ dissolution decree. Both parents are capable and willing to provide physical care. In light of Christine‟s sudden, month-long absence, we find no reason to disturb the court‟s award of physical care to Joseph. However, we modify the visitation provisions of the decree.

I. Background Facts and Proceedings.More...   $0 (12-22-2010 - IA)

¶1 This appeal arises from a jury trial that culminated in a judgment terminating the parental rights of Mother, JoAnna Daniels, to her minor daughter C.D.P.F. On June 11, 2007, while searching a home for suspected drug use, DHS and local police found C.D.P.F., a then nine month old infant, crying in the home. A female resident informed the DHS worker that the infant's mother was not in the home ... More...   $0 (11-16-2010 - OK)

These cross-appeals are from a district court decision that granted partial summary judgment to each side in an insurance coverage dispute, which also includes a “bad faith claim” against the insurer. Plaintiffs-appellants, the Oldenkamps, sued their insurer, Defendant-appellee United American Insurance Company (United), over United’s denial of a claim for coverage of a medical procedure for... More...   $0 (09-28-2010 - OK)

This case arises from a confrontation at Joseph Lundstrom’s home during a child welfare check by Albuquerque Police Department officers. The encounter resulted in the officers pulling weapons on Lundstrom and his girlfriend, Jane Hibner, ordering him from the home, and then leaving them handcuffed on the front sidewalk while officers searched the home. No child was found in the home.

Lu... More...   $0 (08-17-2010 - NM)

{1} Cleo Juan (Defendant) directly appeals her conviction for child abuse resulting in the death of a child under twelve years of age contrary to NMSA 1978, Section 30-6-1(D) (1973, prior to 2009 amendment), alleging that the trial court erred by (1) failing to provide an answer to the jury’s question regarding the option of “hanging,” (2) denying Defendant’s request for a lesser included ... More...   $0 (08-09-2010 - NM)

Carla Campbell appeals the granting of a summary judgment in favor of Abrazo Adoption Associates. In one issue, Campbell contends the trial court erred in granting summary judgment on statute of limitations grounds because a fact issue exists as to whether Campbell exercised due diligence in obtaining service of citation on Abrazo. We affirm the trial court’s judgment.

Factual and Procedu... More...   $0 (07-07-2010 - TX)

Eric and Corissa D Mueller sued Boise police department, St. Luke's Regional Medical Center, Dr. Richard MacDonald and others. and others for performing a spinal tap on their infant daughter without their permission. The Muellers sued under 42 U.S.C. 1983 claiming their constitutional rights were violated by an unlawful search and seizure in 2002 when a Boise police officer took custody of their f... More...   $0 (07-01-2010 - ID)

This appeal raises important questions regarding an individual's capacity to sue as a representative of minors in state foster care custody alleging violations of their civil rights.

On June 28, 2007, Mary Melvin, Kathleen J. Collins, and Gregory C. Elliott (collectively, the proposed Next Friends), filed a class action suit on behalf of foster care children who are under the lega... More...   $0 (06-18-2010 - MA)

[¶1] M.M. and Thomas Moore appeal from a judgment dismissing their personal injury action against Fargo Public School District No. 1 ("District") and Eugenia Hart. We conclude the district court erred in ruling the recreational use immunity statutes, N.D.C.C. ch. 53-08, barred this personal injury action against the District. We reverse and remand for a new trial.

I

[¶2] In May 200... More...   $0 (06-18-2010 - ND)

In this appeal, we consider whether the trial court erred when it sustained the demurrer of Billy Bradley Evans, II (“Evans”) to the amended complaint of Hannah Leigh Evans (“Hannah”).1

I. Facts and Proceedings Below

Hannah, an infant suing by her mother, filed an amended complaint against Evans, her father, which alleged that Evans placed Hannah, then four years old, “... More...   $0 (06-10-2010 - VA)

After winning their disabled client an $18 million personal injury settlement that will pay for his care for the rest of his life, the attorneys in this case saw their compensation slashed by the district court from the thirty-three percent provided in their contingency fee agreement to a mere three percent. While a district court does possess discretion in approving fee awards, particularly when ... More...   $0 (05-27-2010 - )

We consolidated these appeals to decide questions raised by the District Court’s application of Federal Rule of Civil Procedure 54. Both appeals arise from medical malpractice lawsuits filed against the Nemours Foundation and its physicians. Appellants have suffered the utmost of tragedies:

the death of a child – the Regers, an infant son and the Workmans, a two-year old daughter. The... More...   $0 (04-01-2010 - PA)

We granted defendant, Cooper Health Systems (Cooper), leave to appeal two interlocutory orders in this medical malpractice case that (1) precluded Cooper from utilizing two particular physicians as causation experts, and (2) precluded one of those physicians from examining plaintiff. The two physicians never treated plaintiff but were members of the physician group that has regularly treated plain... More...   $0 (03-24-2010 - NJ)

Frank Spellman, a Denver Police Officer, has appealed from the denial of his motion for summary judgment based on his defense of qualified immunity in this civil rights action filed against him by Amy Shroff pursuant to 42 U.S.C. § 1983. Officer Spellman contends that Ms. Shroff failed to demonstrate that he violated her federal constitutional rights by arresting her without probable cause and in... More...   $0 (03-24-2010 - CO)

¶1 This is a case of first impression. We have never determined under what circumstances and conditions a trial court may: 1) conduct in camera1 interviews of children who are the subject of child custody and/or visitation proceedings;2 and 2) provide the transcript of the proceedings to the parents after the private in camera interview occurs. Consequently, we assume original jurisdiction to add... More...   $0 (03-23-2010 - OK)

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)

Wagner & Wagner, LLP, and Daniel J. Baurkot, Esq., appeal from Judge Gleeson’s adoption of Magistrate Judge Mann’s Report and Recommendation. After an infant compromise hearing, Judge Mann awarded $107,654.56 in attorneys’ fees and $49,866.84 in expenses to Atkinson, Haskins, Nellis, Brittingham, Gladd, & Carwile, P.C. (the “Atkinson firm” or “appellees”), and $133,286.60 in New York... More...   $0 (02-18-2010 - NY)

¶1 Two questions are presented for our review. The first question, one of first impression, is whether a physician-patient relationship is an indispensable element of a medical malpractice claim against a physician. The second question is whether a physician-patient relationship between the plaintiffs and the appellee doctor exists as a matter of law. We answer the first question in the affirmati... More...   $0 (02-09-2010 - OK)

On the surface, this appeal presents a straightforward question: did the district court err when it concluded that the parties reached an enforceable oral agreement to settle their dispute? But we cannot reach that question unless the appellants can overcome several procedural hurdles.

The underlying case was brought by Crystal Elustra and her mother Christine Lopez, who appeared as next f... More...   $0 (02-09-2010 - IL)

¶1 Jeffery Alfonzo Owens was tried by jury and convicted, in Tulsa County District Court Case No. CF-2007-3564, for the crime of first degree robbery in violation of 21 O.S.2001, § 797. First degree robbery is subject to the 85% Rule pursuant to 21 O.S.Supp.2003, § 13.1. In accordance with the jury’s recommendation, the Honorable Clancy C. Smith, District Judge, sentenced Owens to twenty s... More...   $0 (01-08-2010 - OK)

Plaintiff, Richard Doria, appeals the circuit court's order granting summary judgment in favor of defendant, the Village of Downers Grove, on plaintiff's complaint seeking to hold defendant liable for the allegedly defective condition of the convergence of a gravel area and roadway on which plaintiff fell. On appeal, plaintiff argues that the trial court allowed defendant to introduce a defective ... More...   $0 (01-05-2010 - IL)

¶1 This is a review of a published decision of the court of appeals[1] reversing a judgment of the Circuit Court for Winnebago County, Thomas J. Gritton, Judge. The circuit court granted summary judgment to the defendants, American Family Mutual Insurance Company and their insured, Nancy L. Seefeldt (collectively referred to as Ms. Seefeldt), against the plaintiffs, Colleen Pawlowski and her hus... More...   $0 (12-29-2009 - WI)

[¶1] Ashley Farrell and Susan Simes appealed from a district court judgment which terminated Simes's guardianship over L.S., ordered that Brock Hartleib have custody of L.S., provided visitation to Farrell and Simes, changed the last name of L.S., and ordered the parties to bear their own costs. Hartleib cross-appealed. We affirm.

I

[¶2] Farrell and Hartleib are the biological ... More...   $0 (12-15-2009 - ND)