Catherine Ray, the named plaintiff in a purported class action lawsuit against American Airlines (American), appeals from the district court's1 order denying her motion for a continuance under Federal Rule of Civil Procedure 56(f) and granting summary judgment in favor of American on her claims for false imprisonment and negligence arising from a nine hour tarmac delay. American cross appeals, arg... More...   $0 (07-01-2010 - AR)

[¶1] The City of Lewiston appeals from an order of the Superior Court (Androscoggin County, Delahanty, J.) denying its motion for summary judgment in a wrongful death suit brought by the estates of three Lewiston High School students who died in a 2006 plane crash while attending an Air Force Junior Reserve Officer Training Corps (AFJROTC) summer program sponsored by the school. The City’s inte... More...   $0 (06-03-2010 - ME)

Craig McAlpine appeals the district court’s grant of summary judgment to Porsche Cars North America, Inc., Mod Works Inc., Porsche Aviation Products, Inc., Timothy Coons, and Gary Butcher (collectively “Defendants”). McAlpine alleged that Defendants committed torts against his purported property. After considering the parties’ arguments, for the following reasons, we affirm.

I. FACT... More...   $0 (06-03-2010 - TX)

Two survivors and the heirs and estates of two decedents from a single car crash in Mexico of a Ford Explorer that had been purchased in San Diego County appeal from the judgment dismissing their complaint for forum non conveniens. We reverse and remand for further proceedings.

FACTS AND PROCEEDINGS

Appellant Jose Mazon Martinez was driving a Ford Explorer in which appellant Jesu... More...   $0 (05-27-2010 - CA)

Dr. Jonathan S. McGlothan attempted to correct Tracey Wallace’s vision problems through eye surgery, but the procedure ended up causing more harm than good. Tracey and Eric Wallace brought a diversity suit against Dr. McGlothan for medical malpractice under Indiana law. After a trial on causation and damages, the jury returned a verdict for the Wallaces and awarded nearly $700,000 in damages. On... More...   $700000 (05-27-2010 - IN)

Joseph Elassaad appeals from an order granting summary judgment in favor of Independence Air, Inc., with respect to his negligence claim for injuries sustained when he fell while disembarking from an airplane at the Philadelphia International Airport. His appeal requires us to consider the extent to which the Federal Aviation Act (“Aviation Act”), 49 U.S.C. § 40101 et seq., preempts state law... More...   $0 (05-12-2010 - PA)

Leonidas Abreu, the plaintiff in an automobile negligence case, appeals a final summary judgment for the defendants, Teddy Woodall and his employer, F.E. Development Recycling, ("F.E. Development"), which effectively ruled that the defendants had established as a matter of law the affirmative defense that Woodall suddenly and unexpectedly lost consciousness before the crash. We agree with Abreu th... More...   $0 (05-03-2010 - FL)

5 This case concerns the tragic accident that took the lives of Kristine Guest and Joshua
6 Rau on February 6, 2005. Kristine’s1 father, Stephen Guest, acting as administrator of Kristine’s
7 estate, sued Paul Smith’s College of Arts and Sciences (“Paul Smith” or “the College”) and Paul
8 Smith employee Toni Marra (collectively, “Defendants”) for their allegedly negli... More...   $0 (04-20-2010 - NY)

Keith and Cheri Brunsting1 appeal the district court's grant of summary judgment in favor of the defendants Lutsen Mountains Corporation and Lutsen Mountains Lodging Corporation (collectively "Lutsen"), in this negligence action.

We reverse the grant of summary judgment and remand the matter to the district court for further consideration.

I.

We recount the evidence in t... More...   $0 (04-18-2010 - MN)

Reginald Whittington sued the Indianapolis Motor Speedway Foundation, Inc. (“Foundation”) for tortious conversion and replevin of a 1979 Kremer Racing Porsche 935 K3 automobile, which is on display at the Foundation’s Hall of Fame Museum. Whittington delivered the racing car to the Foundation in the early 1980s and sought its return in 2004. Whittington claimed that he loaned rather than don... More...   $0 (04-13-2010 - IN)

On January 26, 2003, Ronald and Judy Moyer were killed when their Beech V35B single engine aircraft crashed on a small island in the Delaware River. See [Appellants’] Response to TCM’s Motion for Summary Judgment. The Moyers departed from Wings Field in Philadelphia, Pennsylvania and were en route to Columbia, South Carolina. Id. Ronald Moyer, a licensed pilot, was flying the plane. While in f... More...   $89000000 (04-09-2010 - PA)

Defendant Travelers Property Casualty Company of America (Travelers) appeals by leave granted from an August 27, 2008, order of the Oakland Circuit Court denying its motion for summary disposition. For slightly different reasons than those articulated by the trial court, we affirm the denial of the motion for summary disposition and remand this case back to the trial court for further proceedings ... More...   $0 (04-06-2010 - MI)

Alza Corp. ("Alza") appeals a judgment on a jury verdict rendered against it in a wrongful death case involving allegations of negligence, strict products liability manufacturing defects, (2) and gross negligence regarding its manufacture of the Duragesic patch. The manufacturing defect asserted is a flaw in the seal of the Duragesic patch which allowed decedent, Michaelynn Thompson, to receive a... More...   $0 (04-01-2010 - TX)

Jocelyn Roberts, a flight attendant, was injured while working on a March 6, 2005, flight from Boston to Las Vegas for Song LLC, which was owned and operated by Delta Air Lines, Inc. ("Delta"). She received a lump sum workers' compensation payment from Song and Delta's insurer, which insured both Delta and Song under the same policy. Nonetheless, Roberts sued Delta for negligence. She said that he... More...   $0 (03-24-2010 - MA)

Mountain Bird, Inc. and Spirit Air, Inc. appeal the district court’s dismissal of their tort claims under Idaho’s economic loss rule. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

In June 1999, Spirit Air ordered a Cessna Model 208B aircraft from the Cessna Aircraft Company (“Cessna”). The plane featured an optional de-icing system “Certified for Flight in I... More...   $0 (03-23-2010 - KS)

Gregg C. Revell appeals from the dismissal of his claims, brought pursuant to 42 U.S.C. § 1983, seeking to impose liability upon the Port Authority of New York and New Jersey (“Port Authority”) and Port Authority Police Officer Scott Erickson for arresting him under New Jersey’s gun laws and seizing his firearm and ammunition. According to Revell, his arrest was unlawful because he was in c... More...   $0 (03-23-2010 - NJ)

Robert McBride instituted this action under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51-60, seeking compensation for an injury that he sustained while performing switching operations for his employer, CSX Transportation, Inc. (“CSX”). A jury returned a verdict in Mr. McBride’s favor, and the district court entered judgment on the jury’s verdict. CSX appealed, and... More...   $0 (03-16-2010 - IL)

¶1 We retained this cause to answer two questions: 1) whether the various defendants/appellees are entitled to the protection of the exclusive remedy provision1 of the Oklahoma Workers' Compensation Act; and 2) if so, whether the actions of the respective parties were sufficient to take them outside that protection under this Court's opinion in Parret v. UNICCO Serv. Co., 2005 OK 54, 127 P.3d 572... More...   $0 (03-16-2010 - OK)

Petitioners, Avco Corporation and Textron Lycoming Reciprocating Engine Division (collectively “Avco”) and Precision Airmotive Corporation and Precision Airmotive, LLC (collectively “Precision”), seek certiorari review of the non-final orders denying their motions for summary judgment. They argue that the trial court erred in determining that Respondents’ claims are not barred by the sta... More...   $0 (03-16-2010 - CL)

Appellant Aaron Cromer received a jury verdict of $4,530,785.50 as a result of injuries he sustained in a car crash caused by respondent William Wilson. On appeal, Aaron and his wife Felicia Cromer raise several issues, only one of which merits detailed consideration. The Cromers contend that the district court should have granted summary judgment on the issue of liability because NRS 41.133 all... More...   $0 (03-12-2010 - NV)

The City of Wichita Falls appeals from the trial court=s order denying its plea to the jurisdiction in this Texas Tort Claims Act (TTCA) case involving a City automobile. In two issues, the City contends that it did not have either actual or formal notice of appellees= injuries within forty-five days after the accident as required by the TTCA. Because we hold that the City did receive the requir... More...   $0 (03-08-2010 - )

This is the latest installment in a long-running series of cases concerning an incentive that Congress established for companies to bring “generic” versions of branded drugs to market faster than they otherwise might. Teva Pharmaceuticals USA, Inc., a manufacturer of generics, has received tentative approval from the U.S. Food and Drug Administration to sell losartan potassium products—used ... More...   $0 (03-02-2010 - )

Petitioner seeks the return of her daughter to Panama under the Hague Convention on the Civil Aspects of International Child Abduction. The father opposes return; he claims that the mother is neglectful and very poor, that the child has grown used to living in America and that the child’s medical needs cannot be addressed in Panama.

Richard Joyce built a sailboat and sailed it to Panama... More...   $0 (02-22-2010 - CA)

Marn Suzanne Larsen-Ball and William Gordon Ball were married on August 12, 1989, in Knox County, Tennessee. Prior to the marriage, Ms. Ball worked in retail management. After the parties were married, she became a stay-at-home mother to the parties’ two children, born April 22, 1990, and April 26, 1991. At the time of the marriage, Mr. Ball, a former Assistant United States Attorney, had been p... More...   $0 (02-22-2010 - TN)

Plaintiff-Appellant Diane Gorzynski alleges that her former employer, JetBlue Airways Corporation (“JetBlue”) discriminated against her based on age and gender and retaliated against her for complaining to her supervisors about that age and gender discrimination, as well as race discrimination against other employees, thereby violating Title VII of the Civil Rights Act of 1964 (“Title VII”... More...   $0 (02-19-2010 - NY)