Magnuson Moss Law
 
Zygmunt Golek v. Saint Mary's Hospital, Inc.

This case concerns the propriety of a decision by a hospital that conducts an accredited surgical residency training program to decline to promote a senior resident to the position of chief resident.

Unwilling to accept the hospital’s proffered renewal of his appointment as a fourth clinical year resident, the resident filed a multicount complaint against the hospital, its surgery program... More...
   $0 (01-24-2012 - CT)

Ronald R. McCann v. William V. McCann

This case involves an ongoing dispute between Ron McCann (Ron) and his brother William McCann, Jr. (Bill) concerning the operation of McCann Ranch & Livestock Company, Inc. (Corporation), a closely-held corporation created by their father, William McCann, Sr. (William, Sr.). In 1997, William, Sr.’s shares passed to a trust set up to benefit his wife Gertrude McCann (Gertrude), with Gary Meisner ... More...   $0 (01-10-2012 - ID)

Kristeen M. Elliott v. Joseph M. Verska, M.D.

This is an appeal from a partial judgment dismissing this action as to two defendants on the ground that they had not been served with process within six months of the date that the complaint was filed as required by Idaho Rule of Civil Procedure 4(a)(2). We affirm the judgment of the district court.

I.

Factual Background

In October 2007, Joseph M. Verska, M.D., performed two ... More...
   $0 (01-05-2012 - ID)

Margaret Brush Conley v. Comstock Oil & Gas, L.P.

This case concerns a dispute over the location of the Bartolo Escobeda Survey and the ownership of the minerals being produced by oil and gas wells being operated by Comstock Oil & Gas, LP. One of the defendants in the trial court is an Indian tribe that is immune from suit in state court. As to the remaining defendants, we affirm the trial court‟s summary judgment that the plaintiffs take nothi... More...   $0 (12-15-2011 - TX)

Erin Smith v. Bend Metropolitan Park and Recreation Board

2 While running to prevent a child from falling into the water at a city
3 swimming pool, plaintiff slipped on a "splash pad" and slid into a slightly elevated
4 fountain fixture, seriously injuring her ankle. She brought this negligence action against
5 defendant, the City of Bend Metropolitan Park and Recreation District, alleging four
specifications of negligence.1 6 Two dealt w... More...
   $0 (12-14-2011 - OR)

Shamell v. Samuel-Bassett v. KIA Motors America, Inc.

Appellant, an automobile manufacturer who unsuccessfully defended a class action lawsuit for breach of express warranty, appeals the Superior Court’s decision to affirm the certification of the class by the trial court, and the amount of damages and litigation costs awarded to the class. Costs included a significant legal fee, entered pursuant to the Magnuson-Moss Warranty Improvement Act (the ... More...   $0 (12-02-2011 - PA)

Christopher Saunders v. Nicholas Moss

Christopher Saunders sued Nicholas Moss, Max Moss and Farmers Insurance Group on auto negligence theories claiming to have been injured in a car wreck caused by Moss.... More...   $1 (11-30-2011 - OK)

Samone Redd v. Rosemarie Nolan

Samone Redd’s probationary employment with the Cook County Department of Corrections ended with her resignation on October 31, 2007.

Redd had been a witness in a criminal investigation conducted by Detective John Dougherty of the City of Chicago Police Department. She has sued Dougherty, alleging that when she refused to lie to further the ends of that investigation, he tortiously interfe... More...
   $0 (11-29-2011 - IL)

Samone Redd v. Rosemarie Nolan

Samone Redd’s probationary employment with the Cook County Department of Corrections ended with her resignation on October 31, 2007. Redd had been a witness in a criminal investigation conducted by Detective John Dougherty of the City of Chicago Police Department. She has sued Dougherty, alleging that when she refused to lie to further the ends of that investigation, he tortiously interfered wi... More...   $0 (11-29-2011 - IL)

Hany Malek v. Michael M. Koshak

The trial court found defendant and appellant Hany Malek (Malek) guilty on 10 charges of indirect contempt. In addition to imposing jail time and fines, as well as ordering him to pay attorney fees, the trial court ordered Malek to pay $1.7 million in restitution to a receivership based on what the trial court considered its inherent power to control the proceedings before it and enforce its prior... More...   $0 (11-22-2011 - CA)

Lewis Operating Corporation v. John Costahaude

In this case, we are asked to determine whether a landlord who rents an apartment for residential use may enforce against the tenant an agreement to waive liability for the landlord‟s negligence. In general, as we will explain, the answer would clearly be “no.” However, where the waiver in question relates to the landlord‟s operation of a tenant-only health club or exercise facility, we co... More...   $0 (11-10-2011 - CA)

Ann Deshotels v. Mike Marshall

Seldon Deshotels died shortly after an altercation with law enforcement officers from the Lake Charles Police Department and the Calcasieu Parish Sheriff’s Office. His surviving wife and children, Plaintiffs-Appellants, filed suit against the officers and their employers, among others, asserting claims under 42 U.S.C. § 1983 and state law. The district court granted summary judgment dismissing ... More...   $0 (11-10-2011 - LA)

Jessica J. Jelinek v. Michael J. Astrue

Jessica Jelinek’s mother applied for supplemental security income on her daughter’s behalf shortly before Jelinek’s eighteenth birthday. She contended that Jelinek was disabled by a combination of mental impairments (including bipolar disorder) and by physical impairments resulting from a 2005 car accident. An administrative law judge found Jelinek’s collective impairments severe but not d... More...   $0 (11-07-2011 - IN)

Jessica J. Jelinek v. Michael J. Astrue, Commissioner of Social Security

Jessica Jelinek’s mother applied for supplemental security income on her daughter’s behalf shortly before Jelinek’s eighteenth birthday. She contended that Jelinek was disabled by a combination of mental impairments (including bipolar disorder) and by physical impairments resulting from a 2005 car accident. An administrative law judge found Jelinek’s collective impairments severe but not... More...   $0 (11-07-2011 - IL)

Liz Anderson v. Gulf Stream Coach

Plaintiffs Jeff and Liz Anderson sued Gulf Stream, the manufacturer of their 2009 model year Tourmaster RV, claiming that the Tourmaster had numerous defects and that Gulf Stream misrepresented the size of the vehicle’s engine. The district court entered summary judgment in favor of Gulf Stream on all of the Andersons’ claims.

We conclude that the district court erred in dismissing the ... More...
   $0 (11-03-2011 - IN)

Mohammad Mirmehdi v. United States of America

We are asked to decide, among other things, whether an alien not lawfully in the United States may sue for monetary damages claiming constitutionally invalid detention.

I

Mohammad, Mostafa (“Michael”), Mohsen, and Mojtaba Mirmehdi (collectively the “Mirmehdis”) are four citizens of Iran who came to the United States at various times, purportedly due to their long-standing opp... More...
   $0 (11-03-2011 - CA)

John Walker v. Philip Morris, USA, Inc.

Plaintiffs, the surviving relatives and administrators of the estates of the victims of a house fire, appeal the district-court orders denying their motion to remand this diversity case to the Kentucky state court and granting Defendants’ 12(b)(6) motions to dismiss. Because we conclude the district court erred in denying the motion to remand, we VACATE the district court’s orders of dismissal... More...   $0 (10-31-2011 - KY)

David Duncan v. The McCaffrey Group, Inc.

Plaintiffs David Duncan, Lynne Y. Duncan, Michael V. Fillebrown, Gerald Lung, Jeannie Lung, the Lung Family Revocable Trust, Richard Marino, Angela Marino, Weldon K. Schapansky, individually and as the sole beneficiary of the Grabe, Schapansky, Moss, Levy & Julian DDS PC 401 Retirement Plan, Noah Sever, Linda Washington, Carl D. West, and Chung C. Faulkner (hereafter collectively, plaintiffs) appe... More...   $0 (10-28-2011 - CA)

City of El Paso v. Alan Parsons

Alan Parsons, Appellee, and the Training Chief for the El Paso Fire Department (fire department), filed suit against the City of El Paso, Appellant, for violations of the Texas Whistleblower Act. Tex. Gov't Code Ann. § 554.002 (West 2004). The trial court rendered judgment on the jury's verdict in favor of Chief Parsons and awarded to him attorneys' fees among other sums. The City appeals asserti... More...   $0 (10-05-2011 - TX)

John Doe v. The Catholic Diocese of El Paso

John Doe, a former altar boy, filed suit against Msgr. Thomas Rowland, the supervisory priest, and The Catholic Diocese of El Paso. The trial court granted summary judgment in favor of the Appellees. Because Doe’s causes of actions are barred by limitations, we affirm the judgment of the trial court.

FACTUAL BACKGROUND

John Doe was born on January 4, 1948. When he was a... More...
   $0 (09-22-2011 - TX)

Mariam Maronyan v. Toyota Motor Sales, U.S.A., Inc.

Mariam Maronyan brought suit against Toyota Motor Sales, U.S.A. Inc. when the new car that she leased developed mechanical problems during the warranty period and Toyota failed to repair them to her satisfaction. In addition to several California state law claims, she alleged breach of warranty under the Magnuson-Moss Warranty Act (“MMWA”). The district court granted Toyota’s motion to dismi... More...   $0 (09-20-2011 - CA)

Kenneth W. Nunley v. City of Waco

Kenneth W. Nunley challenges the district court’s grant of a motion for summary judgment in favor of Defendant City of Waco. For the reasons stated herein, we affirm the ruling of the district court.

I

Plaintiff Kenneth Nunley has been an employee of the City of Waco (“the City”) since May 1994, during which time several disputes occurred, all of which are of relevance to the p... More...
   $0 (09-01-2011 - TX)

Willa M. Bellard v. JPS Health Network

Plaintiff-Appellant, Willa Bellard, appeals the district court’s decision to grant JPS Health Network’s motion for summary judgment on her age discrimination claim. We AFFIRM.

I. FACTUAL & PROCEDURAL BACKGROUND Willa Bellard was employed by JPS Health Network (“JPS”) as a Licensed Vocational Nurse (“LVN”) at its South Campus Health Clinic (“South Campus”).

Bellard wor... More...
   $0 (08-30-2011 - TX)

Dessie F. Cherry v. CCA Properties of America, LLC

Plaintiff–Appellant Dessie Cherry commenced this lawsuit against her former employer, CCA Properties of America, L.L.C., claiming that she was terminated because of her race, sex, and age, and in retaliation for making complaints about discriminatory treatment she received, and that she had been subjected to a hostile work environment while employed. Cherry appeals the United States Court of App... More...   $0 (08-22-2011 - TX)

Ronnie Tejada v. Naphcare, Inc.

In this medical-malpractice case, Ronnie and Rose Tejada appeal the trial court’s summary judgment favoring appellee, Virgilio Gernale, M.D. The Tejadas contend that trial court erred by granting summary judgment because they timely filed their claims within the applicable limitations period, a res judicata defense with respect to an earlier filed federal suit is without merit, and they raised ... More...   $0 (08-11-2011 - TX)

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