In this diversity action, Defendant-Appellant Country Coach, Inc. appeals a $191,784 jury verdict for Plaintiff-Appellee Charles Farley on a claim for breach of the implied warranty of merchantability on Farley’s 2004 Country Coach Magna motor home. In particular, Country Coach alleges that the district court erred by reversing its grant of summary judgment on Farley’s implied-warranty claim, ... More...   $0 (12-15-2010 - MI)

Fred C. Moon, Chapter 7 trustee (the “Trustee”) for the bankruptcy estate of Virgil Hurd, Jr. (the “Debtor”), appeals from an order overruling the Trustee’s objection to the Debtor’s claim of an exemption in a 1997 Wrangler Gooseneck 2 Horse Trailer (the “Trailer”) pursuant to § 513.430.1(6) of the Missouri Revised Statutes. We have jurisdiction over this appeal from the final ord... More...   $0 (12-15-2010 - MO)

Cherry A. Anjorin, Taneisha Taylor, Ronald L. Hodge, Kristy D. Peters, Dana Marie Moses and Charles Wimberly sued Tulsa County Sheriff Stanley Glanz and Tulsa County on civil rights violation theories claiming that they were discriminated again on the basis of race. They alleged that were treated differently and less favorably than white employees of the Sheriff's depart while working at the Tul... More...   $210000 (12-09-2010 - OK)

This appeal arises from a probate proceeding in which a jury found Belton Kleberg Johnson (“B”) executed certain wills and trusts as a result of undue influence. The jury further found that the reasonable and necessary fees and expenses for the services of Plaintiffs’ attorneys in connection with both the will contest and the trust contest were in excess of $6.1 million, plus additional att... More...   $0 (12-01-2010 - TX)

This appeal arises from a probate proceeding in which a jury found Belton Kleberg Johnson (“B”) executed certain wills and trusts as a result of undue influence. The jury further found that the reasonable and necessary fees and expenses for the services of Plaintiffs’ attorneys in connection with both the will contest and the trust contest were in excess of $6.1 million, plus additional att... More...   $0 (12-01-2010 - TX)

This case arises out of the purchase by Appellant Wesco Autobody Supply, Inc. (Wesco) of three auto body supply stores from Paint & Equipment Supply, Inc. (P&E) on August 1, 2005. The stores were located in Idaho Falls, Pocatello, and Twin Falls, Idaho (Idaho Stores). Respondents Holly Ernest (Ernest) and Tom Davis (Davis) were owners of Automotive Paint Warehouse (APW), a wholesale supplier to th... More...   $0 (11-24-2010 - ID)

Appellant Francis J. Farina brought this class action against various cell phone manufacturers and retailers of wireless handheld telephones. He appeals from the dismissal of his complaint on the ground that his claims are preempted by regulations promulgated by the Federal Communications Commission. We will affirm.

I.

Farina represents a putative class consisting of all past, curren... More...   $0 (11-03-2010 - PA)

Congress passed the Marine Mammal Protection Act (“MMPA”), 16 U.S.C. § § 1361 et seq., in response to the concern that marine mammals “are, or may be, in danger of extinction or depletion as a result of” human activities. Id. § 1361(1). As part of the protection efforts under both the Magnuson-Stevens Act, 16 U.S.C. §§ 1801 et seq., and the MMPA, the Secretary of Commerce may require ... More...   $0 (10-27-2010 - HI)

Charles Costa, as the owner, and Ronald Scott, as his tenant, seek compensation arising from the demolition of a fire-damaged building and the loss of the personalty contained therein. The trial court granted summary disposition in favor of the City of Detroit (the “City”) and F Moss Wrecking Company (“Moss Wrecking”), finding Costa’s and Scott’s claims were precluded by the doctrines ... More...   $0 (10-21-2010 - MI)

Appellant, Ivory Clemons, presents a sole issue contending the trial court erred in granting summary judgment in favor of Appellee, Texas Concrete Materials, Ltd. (Texas Concrete) in his suit alleging a violation of section 21.051 of the Texas Labor Code. Specifically, Appellant contends he was the victim of age discrimination, when he was discharged as a truck driver. We reverse and remand.[1]<... More...   $0 (10-19-2010 - TX)

This case presents the question of whether the Beaufort County School Board and its superintendent (defendants) violated state law by denying Viktoria King (plaintiff) access to alternative education during her long-term suspension from school. After considering longstanding precedent affording school officials discretion in administering student disciplinary codes and recent cases recognizing a s... More...   $0 (10-08-2010 - NC)

Pamela McKissick, a former Gemstar executive, sued the company and two of its former officers, accusing them of perpetrating a fraud that rendered her stock options in the company worthless. The district court granted summary judgment to the defendants, holding that Ms. McKissick released her claims long ago when she signed a separation agreement at the end of her employment. Based on another prov... More...   $0 (09-08-2010 - OK)

Plaintiffs, Todd M. Bodine and Janet L. Paczkowksi (collectively “Homeowners”) built a 14 x 42 foot pool house and tiki hut (covered porch) to adjoin their home, but only received permission from the Harris Village Property Owners Association’s Board of Directors (“Association”) to build a 10 x 14 foot pool house. Litigation ensued, resulting in two orders denying Homeowners’ claims.More...   $0 (09-07-2010 - NC)

The assets of Motion Graphix, Inc. were sold to Get Flipped, Inc. after the death of Motion Graphix‟s founder and shareholder, Richard Corrales. The Estate of Richard Corrales (Estate) through its executor Sandra Corrales Favila, Corrales‟s sister, sued Get Flipped and its founder, Raleigh Souther, who was Motion Graphix‟s only other shareholder, for claims including conversion, breach of fi... More...   $0 (09-03-2010 - CA)

James Howard, a young man molested as a child by a Catholic priest, sued the Bishop who retained the priest in the diocese. A jury found the Bishop liable for negligent retention, and the court entered judgment in the amount of $5.5 million: $2.5 million in compensatory damages and $3 million in punitive damages. The Bishop settled with Howard while the case was on appeal, and agreed to join Howar... More...   $0 (08-19-2010 - CA)

The Equal Employment Opportunity Commission (“EEOC”) appeals from the decision of the District Court granting the summary judgment motion of defendant, the GEO Group, Inc. (“GEO”). GEO is a private company that was contracted to run the George W. Hill Correctional Facility (the “Hill Facility”), which is the prison for Delaware County, Pennsylvania. The EEOC filed its complaint pursuan... More...   $0 (08-03-2010 - PA)

Political patronage lies at the heart of this case—this time, favoritism based on political party affiliation in the Highway Sign Shop of the Illinois Department of Transportation (“IDOT”). William H. Moss worked as the Chief of that shop from 2000 until April 2004, when he was fired to make room for an employee chosen by the administration of then-Governor Rod Blagojevich. Moss sued a numbe... More...   $0 (08-02-2010 - IL)

Audrey Quinlan sued Camden USA, Inc. for damages after she tripped on a sidewalk in its apartment complex. She lost at trial and was ordered to pay Camden $41,976 in attorney fees and costs. The district court based its award on the offer of judgment Camden made under NRS 17.115 and NRCP 68, which Camden sent by facsimile. Although Quinlan’s lawyer received the offer of judgment, he had not e... More...   $0 (07-28-2010 - NV)

Appellant, Sea Mist Council of Owners ("Sea Mist"), appeals an order of the trial court granting summary judgment in favor of the intervenors, Palms Investment Group, Ltd. and PRM Management Company ("Palms"). By two issues, Sea Mist urges that the trial court erred in granting the summary judgment because the Board of Adjustments of the Town of South Padre Island ("Board of Adjustments") erred i... More...   $0 (07-23-2010 - TX)

The Hines Land Group, Ltd., A.W. Hines, Kelly King Hines, Ricky D. Hines, individually and d/b/a Hines Development Corporation, Hines Development, Ltd., and Hines Development Management LLC developed Pecan Valley Ranch subdivision. The subdivision contains a man-made lake. When a leak formed, A.W. Hines contacted Moss Concrete Construction Co., Inc. to repair the leak. Bolton Construction was h... More...   $0 (07-21-2010 - TX)

Michael Moss, a commercial transactions and information technology lawyer, brought this case alleging that software company BMC Software, Inc. (BMC) violated the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. (ADEA), by declining to hire him when he applied for a Staff Legal Counsel position. At that time, Moss was 68 years old. BMC instead hired a younger lawyer. In response to M... More...   $0 (07-02-2010 - TX)

Glover Construction Company and its owner, Paul Glover (collectively “Glover”) filed suit under 42 U.S.C. § 1983 against the Oklahoma Department of Transportation (ODOT) Commissioners and six department officials (collectively the ODOT defendants).1 The complaint alleged the ODOT defendants retaliated against Glover in violation of its First and Fourteenth Amendment rights. The ODOT defendant... More...   $0 (06-04-2010 - OK)

Plaintiff Barbara Whitmire, on her own behalf and as successor in interest to husband Jimmie Whitmire (Whitmire) (collectively plaintiffs), appeals from a summary judgment granted in favor of defendants Bechtel Corporation and Bechtel Construction Company (collectively Bechtel) on plaintiffs‟ complaint for, inter alia, negligence and strict liability related to Whitmire‟s exposure to asbestos.... More...   $0 (05-20-2010 - CA)

Lyree Roberson (Lyree) alleged she was injured after slipping on a wet oil spot in the parking lot of Church’s Fried Chicken (Church’s), a fast-food restaurant owned by AFC Enterprises, Inc. (AFC). Lyree and her husband, King Roberson (King) (collectively, Robersons), appeal the district court’s2 grant of judgment as a matter of law in favor of AFC. The Robersons argue the district court err... More...   $0 (04-29-2010 - MO)

Appellant John P. Miller contracted with appellee James G. Herman for the construction of a new home. Herman installed Pella windows in the home as part of that contract, and, according to Miller, the windows have leaked, causing him personal and property damage. He brought this action against Herman, Herman’s construction company, James G. Herman & Associates, and Pella Products, Inc. (“Pella... More...   $0 (04-17-2010 - IL)