This appeal from Shreveport City Court pertains to the appropriate assessment of liability for a two-car accident.

The judgment below apportioned comparative fault at 75% against the defendants, Ryan L. Poole and State Farm Mutual Automobile Insurance Company, and 25% against Michael Jerred Gentry, plaintiff.

Gentry was injured, and was granted judgment for his special damages, plus ... More...   $0 (12-15-2010 - LA)

Vanessa Genella sued the driver of the car in which she was a passenger car driven by a friend in 2007 on Route 287. Her friend's car ran into a limo that had broken downn on the highway's northbound middle lane in Parsippany. A third vehicle ran into the other two after the initial crash.

Plaintiff claimed that she sustained head and neck injuries as a result of the accident.

The d... More...   $1500000 (12-10-2010 - NJ)

In this accelerated interlocutory appeal, appellant Texas Cypress Creek Hospital, L.P. d/b/a Cypress Creek Hospital (“Cypress Creek”), complains of the trial court’s denial of its motion to dismiss the healthcare-liability claims of appellee Marshelia Hickman, individually and as personal representative of the Estate of Jayme R. Cox, on the grounds that Hickman’s expert reports do not sati... More...   $0 (12-02-2010 - TX)

Civil Code section 1714, subdivision (c)1 provides broad immunity from civil liability for a social host who “furnishes alcoholic beverages to any person.” Under Business and Professions Code section 25602.1, the social host loses that immunity if he or she “sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor.”2 In this case of first impression, we hold ... More...   $0 (12-01-2010 - CA)

Appellant, David Gray, appeals the trial court's appointment of appellee, Ann Wood Shook, as sole managing conservator of his daughter, G.W. By one issue, Gray contends that the trial court abused its discretion because (1) Shook did not offer sufficient evidence of harm to overcome the parental presumption; (2) if the parental presumption was overcome, Shook did not establish harm by a prepondera... More...   $0 (11-30-2010 - TX)

The Washington State Patrol (WSP) appeals from a summary judgment

order requiring it to disclose historical bicycle accident records occurring on Seattle's Montlake

Bridge. The WSP claims that federal law, 23 U.S.C. § 409 (2005), prohibits it from disclosing

the records to Michael Gendler unless he agrees not to use the information in litigation against the
More...   $0 (11-24-2010 - WA)

Allstate Insurance Company (Allstate) and Wayne Watson, an Allstate attorney, seek review of an order denying their motion for partial summary judgment. Allstate and Watson argue that an action in tort for spoliation of evidence may only be maintained where evidence is permanently lost or destroyed, not when evidence is only concealed from the complaining party. We hold that the tort of fraudulent... More...   $0 (11-12-2010 - AK)

Appellant-plaintiff Tracie L. Burton (Tracie) appeals a jury verdict in her favor, claiming that the jury‘s determination that she was 50% at fault in an auto accident while riding as a passenger in a vehicle that her husband was driving was contrary to law. Tracie also contends that the damage award was inadequate because she was not compensated for all of the medical expenses that she incurred... More...   $0 (11-12-2010 - IN)

Alnita Smiley, age 21, sued the City of St. Louis on a governmental tort claim negligence theory claiming that a municipal truck caused her to crash her car on June 19, 2008, at Delmar Boulevard and Euclid Avenue. She claimed that her car struck parked vehicles, flipped and partially ejected her, causing head injuries, a severed ear, multiple back compressions and broken ribs. She returned to he... More...   $3000000 (11-12-2010 - MO)

Appellant Bradley Schuck parked his twin-engine Cessna temporarily at respondent Signature Flight Support of Nevada, Inc.’s (SFS) facility at McCarran Airport. When he returned a week later, the plane allegedly had sustained engine and rudder damage and was missing a dipstick. Schuck sued, and after more than two years of litigation, SFS moved for summary judgment, which the district court gra... More...   $0 (11-04-2010 - NV)

Appellants Karen Kokins and the City of Westminster sued Teleflex in this products liability action. The jury returned a verdict for Teleflex. Appellants now ask us to grant them a new trial because they claim that the district court improperly instructed the jury on two issues. First, Appellants contend that the district court failed to give the appropriate instruction for determining whether a p... More...   $0 (10-14-2010 - CO)

Counsel attending a mandatory settlement conference in superior court are encouraged to settle all differences between the parties. But, if they want to settle a civil action and a related worker's compensation action, they must obtain approval of the Workmen's Compensation Appeals Board (WCAB). As we explain, the difficulty is not insurmountable and we fashion a remedy which is practical and work... More...   $0 (10-14-2010 - CA)

This is an appeal of a default protective order. On September 8, 2009, Cynthia Jarvis filed an application for protective order. The application alleged that Gary Hendrick, her former husband, had committed family violence. Hendrick was served with a copy of the application for protective order and was informed that the protective order could issue by default if he failed to appear at the heari... More...   $0 (09-15-2010 - TX)

This case requires us to address the difficult balance the state secrets doctrine strikes between fundamental principles of our liberty, including justice, transparency, accountability and national security. Although as judges we strive to honor all of these principles, there are times when exceptional circumstances create an irreconcilable conflict between them.

On those rare occasions, we... More...   $0 (09-09-2010 - CA)

June Carlson brought a multicount civil rights action under 42 U.S.C. § 1983 against Officer Scott Bukovic and the City of Darien, an Illinois municipal corporation. Certain counts were dismissed by the district court and are not at issue in this appeal. Remaining are a Fourth Amendment excessive force claim against Officer Bukovic and a Monell1 claim against the City for failure to train the off... More...   $0 (09-02-2010 - IL)

[¶1] Following an automobile collision, the parties stipulated to liability and presented their dispute over damages to a jury. The jury awarded no damages to the plaintiff, Nathan Reardon. Reardon asks us to determine that the failure to award damages in the face of stipulated liability must reflect jury bias or other unlawful basis for the decision. We decline his invitation and affirm the judg... More...   $0 (08-26-2010 - ME)

Appellants, Enterprise Products Partners, L.P. (“Enterprise”) and Dixie Pipeline Company (“Dixie”), challenge the trial court’s June 29, 2009 interlocutory order ruling that Texas law should govern the issue of recoverable compensatory damages with regard to all wrongful death and personal injury claims arising from a pipeline explosion. In one issue, Enterprise and Dixie argue tha... More...   $0 (08-19-2010 - )

This is an interlocutory appeal from a district court’s denial of summary judgment to a defendant who claims qualified immunity. The plaintiff, Frank McAllister, suffered a diabetic episode resulting in a car crash. McAllister alleges that the officer responding to the incident, Jerry Price, violated his Fourth Amendment rights by using excessive force to remove McAllister from his car. Finding ... More...   $0 (08-12-2010 - IN)

{1} In this appeal, we reconsider and clarify the “presumption of prejudice” that attaches to extraneous juror communications. After reviewing New Mexico case law in light of United States Supreme Court precedent, we conclude that the party moving for a new trial based on extraneous juror communications bears the burden to prove that (1) material extraneous to the trial actually reached the ju... More...   $0 (08-03-2010 - NM)

A San Diego Superior Court jury today returned a verdict against Pizza Hut, Inc. for a total of $10.8 million. The case arose out of a November 9, 2008 collision between a Pizza Hut delivery driver and a mother and daughter on Clairemont Drive in San Diego, California. During the event, the delivery driver, 18 year old Nicole Fisk, drifted across lanes, and collided head on with the vehicle cont... More...   $10800000 (07-30-2010 - CA)

Eyeblaster, Inc. (“Eyeblaster”) appeals from an adverse entry of summary judgment in its action against Federal Insurance Company (“Federal”) arising out of Federal’s denial of coverage under two insurance policies. A computer user sued Eyeblaster, alleging that Eyeblaster injured his computer, software, and data after he visited an Eyeblaster website. Eyeblaster tendered the defense of ... More...   $0 (07-23-2010 - MN)

1. The SEC brings this action for various disclosure and accounting violations involving Dell Inc. ("Dell") from 2001 to 2006. Dell's disclosure violations, which relate primarily to Dell's receipt oflarge payments from Intel Corporation ("Intel"), fraudulently misrepresented the basis for Dell's impr~ving profitability. Dell's separate fraudulent and improper accounting during this tirrie period ... More...   $100000000 (07-23-2010 - DC)

Plaintiff Engineering & Manufacturing Services, L.L.C. (EMS), appeals the denial of its motion for partial summary judgment and the grant of summary judgment to defendants in this 42 U.S.C. § 1983 action arising from a wall-to-wall administrative search of EMS’s plant. The issue is whether defendants’ search warrant was supported by administrative probable cause. We conclude that it was not, ... More...   $0 (07-21-2010 - OH)

In this case, we consider the effect of the inclusion of a provision in the Motor Vehicle Financial Responsibility Law’s (MVFRL), 75 Pa.C.S. §§ 1701-1799.7, definition of “uninsured motor vehicle,” providing for notification of police and the insurer within thirty days of an accident caused by an unidentified vehicle. Specifically, we examine the continued applicability of the long-standin... More...   $0 (07-06-2010 - PA)

¶1 Certiorari was previously granted to consider this matter with the original proceeding in State ex rel. Department of Public Safety v. Gurich, 2010 OK 56, decided today. The Gurich opinion announces the duty of care owed to the public by a law enforcement officer who pursues the driver of a fleeing vehicle. It addresses causation in such instances and certain statutory exemptions from liabilit... More...   $0 (07-06-2010 - )