In this breach of contract suit by a group of physicians against University Community Hospital, Inc. (UCH), the physicians appeal a final order on damages that was entered on remand following this court's opinion in University Community Hospital, Inc. v. Wilson, 1 So. 3d 206 (Fla. 2d DCA 2008). We affirm. We write to address the physicians' arguments that they were entitled to nominal damages and ... More...   $0 (09-21-2012 - FL)

¶1 The Bar Association filed a three-count, Rule 6, Rules Governing Disciplinary Proceedings, 5 O.S. 2011, Ch. 1, App. 1-A,1 complaint against the attorney. It alleged the attorney violated Rule 8.4(b), Rules Governing Professional Conduct, 5 O.S. 2011, Ch. 1, App. 3-A [criminal act reflecting adversely on a lawyer's honesty, trustworthiness, or fitness as an attorney]2 and Rule 1.3, Rules Govern... More...   $0 (09-18-2012 - OK)

¶0 Over a period of approximately three years, the respondent, Lewis B. Moon (attorney/Moon), was arrested twice, first in Oklahoma and subsequently in Wyoming, for alcohol-related incidents involving the operation of a motor vehicle and was issued citations for a third situation after wrecking a vehicle and leaving the scene of the accident. In 2009, following the Wyoming arrest, the attorney pl... More...   $0 (09-18-2012 - OK)

A labor union, three public interest organizations, and an individual filed a lawsuit challenging the City of Visalia‟s (City) handling of VWR International, LLC‟s proposal to build a large distribution facility in Visalia. Plaintiffs alleged that the City‟s approval of the project violated the California Environmental Quality Act (CEQA)1 and provisions of the Visalia Municipal Code regardin... More...   $0 (09-14-2012 - CA)

In this interlocutory appeal,[1] appellant City of Haltom City (the City) appeals the trial court’s order denying its motion for summary judgment concerning the claims brought by appellees, whom we have listed above. In five issues, the City argues that the trial court does not have jurisdiction over appellees’ claims because the City’s immunity has not been waived. We reverse the trial c... More...   $0 (08-24-2012 - TX)

This appeal arises from an attempt by appellant Green Mountain Realty Corp. to secure permits and regulatory approval to construct a 140-foot cellular phone tower in Milton, Massachusetts. Green Mountain's applications to the Town of Milton Zoning Board of Appeals (the "Board" or "BOA") and the Milton Conservation Commission (the "Commission" or "MCC"), both necessary steps in the approval proces... More...   $0 (08-10-2012 - MA)

The Plaintiffs-Appellants challenge the Federal Highway Administration’s selection of a route for the South Lawrence Trafficway, a proposed highway project in the city of Lawrence, Kansas. Appellants claim two aspects of the Highway Administration’s decision render it arbitrary and capricious under the Administrative Procedure Act. First, Appellants claim the environmental impact statement sup... More...   $0 (07-11-2012 - KS)

Jerry Lee White sued Midfirst Bank on breach of contract and unjust enrichment theories. He sought class action certification seeking to assert claims on behalf of others against Midfirst.

Plaintiff here, Jerry Lee White, filed an amended petition against MidFirst Bank. Plaintiff alleged three claims, of the Oklahoma Consumer Protection Act (“OCPA”), breach of express contract and unj... More...   $1 (06-30-2012 - OK)

The two 14-year-old offenders in these cases were convicted of murder and sentenced to life imprisonment without the possibility of parole. In neither case did the sentencing authority have any discretion to impose a different punishment. State law mandated that each juvenile die in prison even if a judge or jury would have thought that his youth and its attendant characteristics, along with the n... More...   $0 (06-25-2012 - AL)

¶1 Ronson Kyle Bush, was charged with first degree murder in violation of 21 O.S.Supp.2004, § 701.7(A), and possession of a firearm after former conviction of a felony in violation of 21 O.S.2001, § 1283, in Grady County District Court case number CF-2008-371. The State filed a Bill of Particulars regarding the punishment for first degree murder, which alleged three aggravating circumstances: (... More...   $0 (06-19-2012 - OK)

In this case, a developer applied to a county planning department for approval to build a housing subdivision. The department and the developer gave written notice to various agencies, to neighbors, and to interested parties. The notice described the proposed project, mentioned the department‟s determination that the project was categorically exempt from environmental law requirements, and solic... More...   $0 (06-15-2012 - CA)

Comes now Michael 0. Goodwin and Deborah Davis, Plaintiffs, and for their Petition allege and state as follows:

1. Plaintiffs are residents of Pottowatomie County. The negligent act complained of occurred in Cleveland County, Oklahoma, This court has jurisdiction of this action.

2. Plaintiff Michael Goodwin (hereafter “Goodwin”) was driving a motor vehicle on or about May 2,2010 ... More...   $0 (06-13-2012 - OK)

We have held that reversible error is presumed when a broad-form question submitted to the jury incorporates multiple theories of liability and one or more of those theories is invalid, Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378, 388 (Tex. 2000), or when the broad-form question commingles damage elements that are unsupported by legally sufficient evidence, Harris Cnty. v. Smith, 96 S.W.3d 230, ... More...   $0 (05-22-2012 - TX)

In this breach of contract action, which comes before the court for the third time in twentyfour years,1 the named defendant, Norwalk Hospital,2 appeals, and the plaintiff, Charles D. Gianetti, a retired plastic surgeon, appeals, from the judgment of the trial court rendered in favor of the plaintiff following a hearing in damages.3 On appeal, the hospital claims that the trial court improperly (1... More...   $0 (05-15-2012 - CT)

Global Health Care Company Abbott Laboratories Inc. has pleaded guilty and agreed to pay $1.5 billion to resolve its criminal and civil liability arising from the company’s unlawful promotion of the prescription drug Depakote for uses not approved as safe and effective by the Food and Drug Administration (FDA), the Justice Department announced today. The resolution – the second largest paymen... More...   $0 (05-08-2012 - VA)

This case involves an appeal from a city council hearing to a district court pursuant to Texas Local Government Code section 212.904(e). Mira Mar Development Corporation appeals the district court's judgment in favor of City of Coppell, Texas on its claims seeking compensation for exactions. Appellant brings nine issues asserting the trial court erred by denying its motion for summary judgment a... More...   $0 (03-23-2012 - TX)

Plaintiff Andrew Garcia, a minor by his guardian ad litem, Paul Garcia, sued Dr. Douglas Phan for medical malpractice and defendant ConMed Corporation for products liability after suffering injuries during a tonsillectomy in which Dr. Phan used an electrocautery device powered by a generator manufactured by defendant. After defendant‟s argument to the jury, plaintiff moved for a mistrial grounde... More...   $0 (03-08-2012 - CA)

We are asked in this appeal to determine whether Lori Wigod has stated claims under Illinois law against her home mortgage servicer for refusing to modify her loan pursuant to the federal Home Affordable Mortgage Program (HAMP). The U.S. Department of the Treasury implemented HAMP to help homeowners avoid foreclosure amidst the sharp decline in the nation’s housing market in 2008. In 2009, Wells... More...   $0 (03-07-2012 - IL)

Nathson Fields was wrongly convicted of two murders. Twenty-five years after his ordeal began, he was exonerated, and he presently seeks money damages from those state officials he holds responsible for his conviction. Among others, he names Cook County, Illinois Assistant States Attorneys (“ASA”) Larry Wharrie and David Kelley, alleging that they induced false testimony during his trial and s... More...   $0 (02-28-2012 - MN)

2 The issue in this case is whether a healthcare provider can be liable in
3 damages when the provider's negligence permitted the theft of its patients' personal
4 information, but the information was never used or viewed by the thief or any other
5 person. Plaintiffs claimed economic and noneconomic damages for financial injury and
6 emotional distress that they allegedly suffered... More...   $0 (02-24-2012 - OR)

This appeal concerns the Covington Oaks Condominiums, a four-phase residential development in Bexar County, Texas. Phases I, II, and III are under the governance of the Covington Oaks Condominium Owners Association, known as “COHOA.” For many years, COHOA has been in litigation with the owners of Phase IV regarding whether the entrance and private road used by the residents of Phases I, II, ... More...   $0 (02-02-2012 - TX)

Azhar Said and Bina Shahani had an unconventional, and short, marriage. The case before us is one of the repercussions of its demise. Mr. Said was the sole officer and shareholder of Abbasid, Inc., a Texas corporation, which opened Azhar’s Oriental Rugs in Santa Fe in August 2004. Shortly thereafter Ms. Shahani moved to Santa Fe, and she married Mr. Said in December. During the marriage Mr. Said... More...   $0 (01-24-2012 - NM)

Plaintiff Pamela Mize-Kurzman appeals from a judgment in favor of defendants Marin Community College District and its Board of Trustees (collectively ―district‖), following a jury trial on her claims that the district was liable under two California ―whistleblower‖ protection statutes, Labor Code section 1102.5 and Education Code section 87160 et seq. Plaintiff contends the trial court com... More...   $0 (01-10-2012 - CA)

�1 Appellant Gilbert Ray Postelle was tried by jury and convicted in the District Court of Oklahoma County, Case No. CF-2005-4759, of four counts of First Degree Murder (Counts 1-4), in violation of 21 O.S.Supp.2004, � 701.7, and one count of Conspiracy to Commit a Felony (Count 5), in violation of 21 O.S.2001 � 421.1 The jury imposed the death penalty on Counts 1 and 4 after finding that Po... More...   $0 (12-29-2011 - OK)

This is an appeal from a judgment awarding damages and attorney‘s fees in a construction dispute. A jury found appellant, John F. Helm, liable for misrepresentation under the Deceptive Trade Practices-Consumer Protection Act (―DTPA‖), TEX. BUS. & COM. CODE ANN. §§ 17.41–.63 (West 2011), and awarded damages of over $75,000, plus $95,000 in attorney‘s fees, to appellee Artie G. Kingston.... More...   $0 (12-21-2011 - TX)