Brandi R. Fox v. Ethicon Endo-Surgical, Inc. |
Appellant Brandi Fox (Fox) filed a medical malpractice action against her surgeon, asserting his negligence during surgery caused a perforation of her small intestine and subsequent complications. During his deposition, the surgeon first raised the possibility that the perforation was caused by a malfunctioning stapler. Fox then filed an amended complaint asserting a products liability caus... More... $0 (11-05-2003 - CA) |
John P. Kennedy, et al. v. Venrock Associates, et al. |
This is a suit by common shareholders of Cadant, Inc. (now CDX Corporation). The defendants are two corporate entities that we'll call "Venrock" and "J.P. Morgan" and individuals associated with them, but we defer consideration of the individual defendants to the end of the opinion and till then use "defendants" to denote just the entities. The suit is based on federal securities law and ... More... $0 (10-29-2003 - IL) |
Thi v. Kim |
Libel, slander, outrageous conduct, sexual assault, breach of fiduciary duty and negligent supervision claims by Ho Ngo Van and two of his daughters against Buddist Monk Le and 17 other defendants for accusing them of being communists in retaliation for disclosing assaults by the Monk on two of the plaintiffs. The defendants denied all allegations made agains them by the plaintiffs.... More... $4800000 (10-18-2003 - CO) |
The Archdiocese of Milwaukee v. The Superior court of Orange County, etc. |
Plaintiff Eric Nathan Paino alleged and declared under oath that when he was a boy, Fr. Siegfried Widera (Widera), a Roman Catholic priest, molested him. Widera was working at a parish in Orange County when the alleged molestation occurred. Paino sued the Milwaukee Archdiocese, the Roman Catholic Bishop of Orange (the Orange Diocese), and Widera. Paino alleged the Milwaukee Archdiocese engag... More... $0 (10-01-2003 - CA) |
Deborah Rice Lamar v. City of Fort Lauderdale |
This appeal arises from an action by Deborah Rice-Lamar (Lamar) against the City of Fort Lauderdale (City) pursuant to the Florida Whistleblower Act, section 112.3187, Florida Statutes (Supp. 1996). Lamar alleged that she was fired from her position as the City's Affirmative Action Specialist because she attempted to express her opinion regarding the City's alleged discriminatory practices... More... $0 (09-17-2003 - FL) |
Nikki Finke v. The Walt Disney Company, et al. |
California's SLAPP statute provides in relevant part a court may strike "[a] cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue[.]" The principal question in this appeal is whether a defendant moving to strike a cause of action ... More... $0 (07-29-2003 - CA) |
Cardtoons, L.C. v. Major League Baseball Player's Association |
The dispute began in 1992 when Appellant Cardtoons L.C. ("Cardtoons") was formed to produce and market parody trading cards of active Major League baseball players. In 1993, Cardtoons contracted with Champs Marketing, Inc. ("Champs") to print and distribute the cards. MLBPA, as the exclusive group licensing agent for active Major League baseball players, sent Cardtoons and Champs each a cease-a... More... $0 (07-16-2003 - OK) |
Columbia Valley Regional Medical Center, et al. v. Julie Bannert |
This is an action by Julie Bannert against her former employer, Columbia Valley Regional Medical Center ("Columbia"), and two of its managers, Charles Sexton and Rhue LaMont. The action arose after Columbia fired Bannert for dishonesty. Although Bannert alleged numerous causes of action relating to her termination, only defamation was submitted to the jury, which found for Bannert, awarding her... More... $0 (07-10-2003 - TX) |
Carefirst of Maryland, Inc. d/b/a Carefist Blue Cross/Blue Shield v. Carefirst Pregnancy Centers, Inc. |
In this appeal, we address whether an Illinois organization subjected itself to personal jurisdiction in Maryland by operating an Internet website that allegedly infringed the trademark rights of a Maryland insurance company. Carefirst of Maryland ("Carefirst") accuses Chicago-based Carefirst Pregnancy Centers, Inc. ("CPC") of selecting the name CAREFIRST, despite having notice both of Car... More... $0 (07-02-2003 - MD) |
Elizabeth and Christopher Murphy v. Don Feldman and WCSC-TV |
Libel claim by two attorneys against WCSC-TV news director Don Feldman relating to a fabricated a story about a disagreement between the plaintiffs and station regular Sandra Senn. Feldman claimed Murphy was drunk and criticized Senn's love life and integrity while on a 1999 airline flight. He criticized the episode in a letter on company stationery, and drafted a bogus civil agreement in which... More... $9000000 (05-23-2003 - SC) |
Francisco DiMartino v. Mark Richens, et al. |
The defendants, Mark Richens, Kenneth J. Robert, Robert Carterud and the department of transportation of the state of Connecticut (department), appeal1 from the judgment of the trial court rendered for the plaintiff, Francisco DiMartino, on: (1) a jury verdict in favor of the plaintiff for the alleged violation of 42 U.S.C. § 1983,2 concerning his rights to freedom of speech and equal pr... More... $300000 (05-19-2003 - CT) |
George Marion Perry, Jr. v. Carrie Perry, et al. |
This case arose out of defendants' defamatory conduct toward plaintiff. In particular, defendants made vindictive and false statements concerning plaintiff's relationship with his grandson to, inter alia, the grandson's physician, the Oklahoma Department of Human Services, and the Florida Department of Children and Families. Additionally, defendant Gail Saunders, with the aid and assistance of... More... $655000 (05-14-2003 - OK) |
Stuart Abrams and Abrams, Inc. v. General Star Indemnity Company |
This court accepted certification of the following question of law from the United States Court of Appeals for the Ninth Circuit (Ninth Circuit): "Does an insurer have a duty to defend an insured under an insurance policy with an 'intentional acts' exclusion if the complaint against the insured alleges a subjective intent to harm but the claim could be proven through unintentional conduct... More... $0 (05-01-2003 - OR) |
Stuart Abrams and Abrams, Inc. v. General Star Indemnity Company |
Southern Pacific Railway (Southern Pacific) possessed a number of rail van trailers that it leased to third parties on behalf of the owners of the trailers. An individual who worked for Southern Pacific, but who did not have authority to sell the trailers, sold some rail van trailers to Stuart Abrams and Abrams, Inc. (Abrams), the plaintiffs in this case, and kept the money. Abrams then sold ma... More... $0 (05-01-2003 - OR) |
Carolyn Kenney v. Wal-Mart Stores, Inc. |
Carolyn Kenney is the grandmother of Lauren Kenney, a minor child, and the mother of Lauren's father, Christopher. Chris Kenney and Lauren's mother, Angela Miles (now Angela Mueller), were never married and had not sought a formal declaration of visitation rights. Chris had regular visitation with Lauren "at least every other weekend" and sometimes during the week. When keeping Lauren, Chris wo... More... $0 (04-01-2003 - MO) |
Christopher P. Blaxland; Marcella Blaxland v. Commonwealth Director of Public Prosecutions, et al |
Christopher Blaxland1 brought a tort action in the Superior Court of California against, inter alia, two separate instrumentalities and two individual employees of the Australian government. Australia removed the case to federal district court and moved to dismiss on the ground of sovereign immunity, under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330, 1602 et ... More... $0 (03-27-2003 - CA) |
Wisconsin Seafood Company v. David P. Fisher |
1. PER CURIAM. Wisconsin Seafood Company, Inc., and BJK, Ltd., (Seafood) appeal a summary judgment dismissing its claims against Douglas Farah and Meat Processors of Green Bay, Inc., arising out of a breach of a noncompete agreement by MPI's employee, David Fisher. Seafood argues that the trial court erroneously interpreted the parties' cross-motions for summary judgment as a stipulation of fac... More... $0 (03-18-2003 - WI) |
Joseph Dello Russo, M.D. et al. v. Bruce H. Nagel, Esq. et al. |
Plaintiffs Joseph Dello Russo, M.D., Joseph Dello Russo, M.D., P.A., t/a New Jersey Eye Care Center, Medical Care, P.L.L.C., d/b/a Dello Russo Laser Vision, and Stephanie Dello Russo, filed an appeal of a February 2, 2002 order granting summary judgment to defendants and dismissing their complaint. Their motion for reconsideration was denied. The claims brought by plaintiffs against defendants,... More... $0 (03-12-2003 - NJ) |
Katherine Navarre v. South Washington County Schools, et al. |
Katharine Navarre, a former teacher in the South Washington County School District, sued the school district, her supervisors, and Northwest Publications d/b/a Pioneer Press for defamation and for intentional and negligent infliction of emotional distress. Navarre also asserted a claim against the school district for violating the Minnesota Government Data Practices Act (MGDPA) by releasing... More... $200000 (03-06-2003 - MN) |
Steven C. Davis, Karen Taylor Davis, and Mark Galen Taylor, individuals and trustees v. Stephen M. Studdert, et al. |
Steven C. Davis, Karen Taylor Davis, and Marc Galen Taylor appeal the district court's dismissal of their complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. The plaintiffs also challenge the district court's denial of several other district court rulings. After examining the record, we conclude that the plai... More... $0 (02-25-2003 - UT) |
David Rivero v. American Federation of State, County and Municipal Employees, AFL-CIO, et al. |
David Rivero sued numerous individuals and entities, including the American Federation of State, County and Municipal Employees and its Local 3299 (collectively, the Union). He charged the Union with libel, slander, conspiracy to libel, intentional infliction of emotional distress, and intentional and negligent interference with economic relationship. The Union filed a special motion to strike... More... $0 (01-28-2003 - CA) |
Kenneth C. Rossignol, et al. v. Richard J. Voorhaar, et al. |
Plaintiff Kenneth Rossignol brought suit against defendants for their organized efforts to suppress the distribution of the election day issue of plaintiff Island Publishing Company's newspaper, St. Mary's Today. Plaintiffs sought damages and injunctive relief under 42 U.S.C. § 1983, the Maryland Constitution, and Maryland common law. The district court granted summary judgment to defendan... More... $0 (01-17-2003 - MD) |
Theresa Cruze v. National Psychiatric Services, Inc. |
Suffering from a terminal illness and from severe stress after losing her job, her apartment and her boyfriend, appellant Theresa Cruze visited her physician and began discussing the possibility of suicide. The physician and others initiated a 72-hour psychiatric hold and evaluation under Welfare and Institutions Code section 51501 resulting in appellant’s being held 17 hours in the facility... More... $0 (01-07-2003 - CA) |
Fashion Boutique of Short Hills, Inc v. Fendi USA, Inc. et al. |
Plaintiff-appellant Fashion Boutique of Short Hills, Inc. ("Fashion Boutique"), challenges a host of rulings by the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, District Judge) during this lengthy litigation arising from the demise of its business. Fashion Boutique, formerly a seller of Fendi products, claims that its business was ruined by a campai... More... $0 (12-23-2002 - NY) |
Richard Preston v. Paul J. O'Rourke |
The plaintiff, a former prosecutor, initiated this action against the defendant, asserting claims of intentional infliction of emotional distress, negligent infliction of emotional distress, libel and slander. The plaintiff's allegations were based on statements made by the defendant in preparation for and during an arbitration hearing wherein the plaintiff challenged the decision of the di... More... $0 (12-19-2002 - CT) |
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