two of these aspects of the Final Order, we reverse and remand for proceedings consistent with this opinion. We find no abuse of di... More...   $0 (05-05-2004 - FL)

Gregory and Tracey Cummings brought this suit against General Motors Corporation ("GM") to recover for injuries Mrs. Cummings sustained in an automobile accident involving a 1995 Pontiac Grand Am. The Cummings allege that Mrs. Cummings's injuries resulted from a flawed seat belt system and seat designed by GM, as well as inadequate warnings of the dangers inherent in the product. A jury returne... More...   $0 (05-03-2004 - OK)

In this case, a granddaughter accuses her uncle of financial abuse, isolation, and neglect constituting elder abuse of her grandmother. In the published sections of this opinion (sections I, II, IIIA, and IV) we hold that the granddaughter has standing to bring this elder abuse civil lawsuit. (Welf. & Inst. Code, § 15657, subd. (d).) In unpublished portions of this opinion (sections IIIB,... More...   $919623 (04-30-2004 - CA)

Louise M. Vanderpool asserted this medical malpractice claim against Oakland Memorial Hospital District (Hospital); Dr. Gayle E. Peterson; and several registered nurses, one of whom was dismissed prior to trial. The trial court granted the appellees' motions for directed verdict at the close of Vanderpool's evidence at trial. Vanderpool appeals. Because we conclude that Vanderpool failed to sho... More...   $0 (04-20-2004 - NE)

FACTS ... More...   $0 (04-01-2004 - OK)

We have before us the consolidated appeals of two brothers, Ruben and Simon Gonzalez, who were jointly tried before a jury with other co-defendants,1 and together convicted of conspiracy to transport heroin, cocaine, and methamphetamine for sale, among other target crimes (Pen. Code, § 182; Health & Saf. Code, §§ 11351, 11352, 11378, 11379), possession of heroin for sale (Health & Saf. Code... More...   $0 (03-24-2004 - CA)

The family of Na'eem Shadid claimed that the infant died in 1998 because Home First negligently failed to test his blood and as a direct result his blood broke down and he became jaundiced and died. The plaintiffs claimed that had appropriate tests been conducted, Na'eem would not have died.... More...   $30000000 (02-27-2004 - IL)

This is an appeal from an order increasing Mark Marion Dolan's child support payments in an enforcement and modification proceeding. The district court ordered monthly child support payments in excess of the maximum amount contained in the standard child support guidelines. See Tex. Fam. Code Ann. § 154.125 (West 2002). Dolan appeals essentially arguing that there is no evidence of the children... More...   $0 (02-20-2004 - TX)

Plaintiff, Khalid J. Bajwa, as administrator of the estate of Muhammad Cheema, filed an action under the Wrongful Death Act (740 ILCS 180/1 et seq. (West 1998)), alleging that the negligent issuance of a life insurance policy by defendant, Metropolitan Life Insurance Company (Met Life), proximately caused the murder of Muhammad Cheema (decedent or A. Cheema) by the beneficiary of the policy. Met L... More...   $0 (01-26-2004 - IL)

Robert Booth Roe (Baby Roe), his adoptive parents, and his conservator appeal the district court's summary judgment in favor of defendants, the Kansas Department of Social and Rehabilitation Services (SRS), the State of Kansas, and certain SRS employees. Baby Roe suffered catastrophic injury at the hands of his father despite ongoing SRS monitoring of his family situation and ... More...   $0 (12-19-2003 - KS)

Criminal Law - Felony: Ronald Montgomery (Montgomery) appeals the December 3, 2001 judgment of the circuit court of the first circuit that convicted him, upon a bench trial, (1) of sexual assault in the first degree, a violation of Hawai`i Revised Statutes (HRS) § 707-730(1)(b) (1993). (2) Montgomery was sentenced to an indeterminate term of imprisonment of twenty years. On appeal, Montgomery s... More...   $0 (12-18-2003 - HI)

For the second time in six years, we must decide whether an Ohio statute that restricts partial birth abortions violates the Fourteenth Amendment of the United States Constitution. In Women's Med. Prof'l Corp. v. Voinovich, 130 F.3d 187 (6th Cir. 1997), we held, inter alia, that Ohio's first attempt to restrict partial birth abortions violated the Fourteenth Amendment because it imposed an "und... More...   $0 (12-18-2003 - OH)

Lindsie D.L., (See footnote 1) a minor, by her next friend and legal guardian, Judy P., appeals the February 3, 2003, order of the Circuit Court of Grant County that dismissed what she styled as a "Petition or Motion for Visitation," in which she requested the circuit court to grant her the right to regular visitation with her minor half-sibling. We choose to treat this appeal as a petition ... More...   $0 (12-18-2003 - WV)

Benjamin Franklin described the snowballing consequences of inattention to a small detail - "For want of a nail, the shoe was lost; for want of a shoe the horse was lost; and for want of a horse the rider was lost." (Oxford Dict. of Quotations (2d ed. 1955) p. 211.) In this case the missing nail is a check that was $3 short of the amount required to file a complaint for medical malpractice th... More...   $0 (12-17-2003 - CA)

In this interlocutory appeal, filed pursuant to C.A.R. 4.1, the prosecution challenges the trial court's order suppressing statements made by the defendant to police officers during an interview at Children's Hospital in Denver, and statements subsequently made by the defendant to his wife in the officers' presence. The trial court held that all of the defendant's statements were elicited fr... More...   $0 (12-15-2003 - CO)

The Laws are students at Rice. During the Spring semester of 2002, th... More...   $0 (12-12-2003 - TX)

General Motors Corporation (GM) and Frederick W. Petroll, HAC Farm Lines Agricultural Cooperative Association and Cyned Transport Corporation (collectively, Petroll Defendants) appeal from an order of the Honorable Lawrence F. Stengel of the Court of Common Pleas of Lancaster County (trial court) denying their post-trial motions and affirming the judgment imposing damages between them for their... More...   $8000000 (12-12-2003 - PA)

The crime of carjacking requires the "felonious taking" of a motor vehicle. (Pen. Code, § 215.) Similarly, the crime of robbery requires the "felonious taking" of personal property. (§ 211.) California courts, following common law, have long held that the "taking" element of robbery requires that a defendant gain possession of the victim's property and asport or carry it away. (See People... More...   $0 (11-26-2003 - CA)

In this case, we must decide whether the minor child of the victim of a fatal police shooting may intervene in a wrongful death action brought by the personal representative of the victim's estate. Although we disagree with the district court that the minor child must have an independent state-law cause of action in order to participate in this litigation, we agree with the court that the... More...   $0 (11-14-2003 - DC)

On July 31, 2000, when Cheyenne Knight was born to appellant and Alana Jackson, she ... More...   $0 (11-04-2003 - VA)

Plaintiff, Evelyn Dorothy, appeals from the district court's grant of summary judgment in favor of the defendant in her negligence action based on her fall at a shopping mall. She maintains the court erred in granting summary judgment because a reasonable jury, if given the opportunity, could have determined the defendant should have discovered the condition which caused her injury and either ... More...   $0 (11-04-2003 - IA)

On the evening of September 4... More...   $5000000 (11-03-2003 - OK)

In June of 2002, a border patrol agent apprehended Mr. Trinidad Lucio-Lucio for violating the immigration laws. Mr. Lucio-Lucio had been deported twice previously, most recently on May 10, 2002. He subsequently pled guilty to one count of illegally reentering the United States, in violation of 8 U.S.C. § 1326. Because he had a prior conviction in Texas for driving while intoxicated, which had b... More...   $0 (10-29-2003 - NM)

In February 2000 fifteen-month-old Katia Dunn was seized by City of Elgin police officers acting pursuant to an out-of-state custody order. Katia and her mother, Natasha Dunn, brought suit against the City of Elgin and the officers in the district court alleging that the seizure violated 42 U.S.C. § 1983 and caused serious emotional distress. The district court granted the Defendants summ... More...   $0 (10-20-2003 - IL)

In this criminal case, defendant challenges his conviction for murder, ORS 163.115. He contends that the trial court erred in excluding certain statements that the victim made more than two months before her death. According to defendant, the statements supported his factual theory that the victim had committed suicide. (1) The trial court determined that the statements... More...   $0 (10-02-2003 - OR)