Plane Crash Law
 
Joe H. Bryant, Jr. v. Military Department of the State of Mississippi

Col. (Ret.) Joe H. Bryant (“Bryant”), a former member of the Mississippi Air National Guard’s (“MSANG”) 186th Refueling Wing, sued MSANG and individual MSANG officials (“Individual Appellees”), asserting claims under: (1) the Military Whistleblower Protection Act, 10 U.S.C. § 1034; (2) the Mississippi Bryant’s claims against individual Appellee F. Gregory Malta in his individual 1... More...   $0 (02-17-2010 - MS)

Hayluri Beckles-Palomarres v. Michael Andrew Logan, Jr.

On 20 May 2006, seven-year-old Joshua Beckles-Palomares1 (“Joshua”) was riding his bicycle south on Freeman Street in Winston-Salem, down a slight grade and approaching a “T” intersection with Wells Street. The intersection is controlled by a stop sign requiring vehicles on Freeman Street to stop before entering Wells Street. Michael Logan (“defendant Logan”) was driving his sport util... More...   $0 (02-11-2010 - NC)

Robert Nicastro v. McIntyre Machinery America, Ltd.

Today, all the world is a market. In our contemporary international economy, trade knows few boundaries, and it is now commonplace that dangerous products will find their way, through purposeful marketing, to our nation's shores and into our State. The question before us is whether the jurisdictional law of this State will reflect this new reality.

In this case, the foreign manufacturer o... More...
   $0 (02-09-2010 - NJ)

Terri Crandall v. City and County of Denver

Plaintiffs Terri Crandall and JoAnn Hubbard sued for injunctive relief against the City and County of Denver under the citizen-suit provision of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. § 6972(a)(1)(B). Their concern is that aircraft deicing fluid (ADF), which can produce hydrogen-sulfide gas when it decomposes, endangers human health at Concourse B of the Denver Inter... More...   $0 (02-08-2010 - CO)

Mulligan Law Firm, -v- Zyprexa MDL Plaintiffs' Steering Committee II

This interlocutory appeal concerns the attorney compensation structure established by the district court in this ongoing multidistrict litigation ("MDL"), and the applicability of that compensation structure to the Mulligan Law Firm ("Mulligan"). Mulligan represents more than two thousand plaintiffs in upwards of seventy cases that have been transferred by the Judicial Panel on Multidistrict Litig... More...   $0 (02-08-2010 - NY)

Myrtis Williams v. State Farm Mutual Automobile Insurance Company

Richard Conner, as the only named insured, obtained a Texas personal automobile insurance policy from State Farm Mutual Automobile Insurance Company through David Scholl, State Farm’s local agent. Conner’s address as listed on the insurance policy as issued was 1903 Circle Drive in Marshall and the insured automobile was shown as a 2002 Cadillac Escalade. The declarations page of the policy ... More...   $0 (02-05-2010 - TX)

Dora Mae Jablonski v. Ford Motor Company

The plaintiffs, Dora Mae Jablonski (Dora) and John L. Jablonski, Jr., as the special administrator and personal representative of the estate of Dora's deceased husband, John L. Jablonski, Sr. (John), brought this action against Ford Motor Company (Ford), alleging strict product liability and negligence in the design of their 1993 Lincoln Town Car automobile as a result of a collision in which John... More...   $0 (02-04-2010 - IL)

David Norman v. Samuel Brandt

In June 2007, plaintiffs, David Norman and Richard Norman (collectively, Norman), sued defendant, Samuel Brandt, alleging that pursuant to section 876 of the Restatement (Second) of Torts (Restatement (Second) of Torts §876, at 315 (1977)), Brandt drove his vehicle "in concert" with the driver of the vehicle from which David was thrown to cause David's injuries.

In October 2008, Brandt fil... More...
   $0 (02-04-2010 - IL)

Roberto Diaz, Jr. Individually, and Next Friend of Robert C. Diaz, a Minor v. The Canutillo Independent School District

Roberto Diaz, Jr., individually and as next friend of Robert C. Diaz, appeals from an order granting a plea to the jurisdiction filed by the Canutillo Independent School District. At issue is whether negligent parking constitutes the use or operation of a motor vehicle as contemplated by the Texas Tort Claims Act. On these facts, we conclude it does not.

FACTUAL SUMMARY

D... More...
   $0 (02-03-2010 - TX)

Mulligan Law Firm v. Zyprexa MDL Plaintiffs' Steering Committee

24 This interlocutory appeal concerns the attorney
25 compensation structure established by the district court in this
26 ongoing multidistrict litigation ("MDL"), and the applicability
27 of that compensation structure to the Mulligan Law Firm
28 ("Mulligan"). Mulligan represents more than two thousand
29 plaintiffs in upwards of seventy cases that have been transferred
30... More...
   $0 (02-03-2010 - NY)

Minnie Tinnin v. Farmers Insurance Company

Defendant appeals by right the circuit court’s judgment awarding plaintiff attorney fees pursuant to MCL 500.3148(1) and taxable costs pursuant to MCR 2.625(A)(1). We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). Dolphus Tinnin was struck by a car as he crossed a street. At the time, Tinnin was 57 years old and resided with his mother. Tinnin was treated fo... More...   $0 (02-02-2010 - MI)

Chamber of Commerce of the United States of America v. W.A. Drew Edmondson

The Oklahoma Taxpayer and Citizen Protection Act of 2007 (the “Act” or the “Oklahoma Act”) is one of a multitude of recent state enactments that regulate illegal immigration and verification of employment eligibility. This case implicates three provisions of the Act. Section 7(B) forces businesses to utilize the Basic Pilot Program to verify the work authorization status of their employees... More...   $0 (02-02-2010 - OK)

Josie McIlwan Blackwell v. Timothy Allen Hatley

Plaintiff (Josie Blackwell) appeals from entry of summary judgment on her claims against Defendants. We affirm. This appeal arises from an automobile collision in 2004 in the Town of Landis, Rowan County, North Carolina. At around 1:30 p.m. on 21 May 2004, Plaintiff was driving west on E. Round Street. Her son, Gordon Blackwell (Gordon) was a passenger in the car. Defendant Timothy Hatley (Hatley)... More...   $0 (02-02-2010 - NC)

Alfonso Lopez v. Caterpillar, Inc. and Holt Cat

Alfonso Lopez, age 38, sued Caterpillar and Holt Cat on a products liability theory claiming that the Caterpillar Wheel Tractor 623 G Scraper which was designed and sold by Caterpillar and sold by San Antonio located Holt Cat was defective and unreasonably dangerous and as a direct result he was injured and paralyzed. Lopez was moving dirt for the construction of a road when the tractor “suddenl... More...   $56000000 (02-01-2010 - tx)

Alice J. Banks v. Elks Club Pride of Tennessee 1102, et al

Alice J. Banks attended a social event at an Elks Lodge in Nashville on March 24, 2006. While she was there, the chair on which she was seated collapsed, causing serious injuries to Ms. Banks’s back. Ms. Banks consulted with Dr. Robert 1 H. Boyce, a physician affiliated with Premier Orthopaedics and Sports Medicine, P.C. (“Premier Orthopaedics”), who recommended lumbar surgery at the L3-L4 a... More...   $0 (01-18-2010 - )

John K. Vreeland v. Danny Ferrer d/b/a Ferrer Aviation

Jose Martinez was a passenger aboard a private airplane that crashed shortly after takeoff. Martinez and the pilot were killed. The administrator ad litem for and personal representative of Martinez's estate, John K. Vreeland, filed a wrongful death action against the owner of the plane, the company to which the owner had leased the plane, and the pilot's estate. This appeal involves only the clai... More...   $0 (01-06-2010 - FL)

James Polehinke, et al. v. Jeppesen-Sanderson, Inc.

James Polehinke and the estates of Jeffrey Clay and Kelly Heyer, along with Intervenor The Insurance Company of the State of Pennsylvania, appeal the district court’s grant of Defendant Jeppesen-Sanderson Inc.’s summary judgment motion and the denial of Plaintiffs’ motion for reconsideration. Plaintiffs argue that the district court erred in granting summary judgment because there is a genui... More...   $0 (12-22-2009 - KY)

John Doe, et al. v. CSX Transportation

Plaintiffs sued CSX Transportation on negligence theories claiming that it did not property maintain safety devices at a railroad crossing just off U.S. High 31 and, as a direct result the van in which Plaintiffs' decedents were passengers drove in front of a CSX locomotive. Three passengers in the van were killed and four seriously injured in the 5:40 a.m. crash. Plaintiffs claimed that CSX fail... More...   $0 (12-12-2009 - AL)

Larry C. North v. Robert L. Cummings

Mary L. North, the wife of Appellant, Larry C. North, was killed when the vehicle in which she and Larry were traveling was struck head-on by an SUV driven by Robert L. Cummings. Larry brought an action against Cummings asserting claims for personal injury, negligent infliction of emotional distress and wrongful death. A jury found Cummings was negligent and awarded Larry $77,734 on his personal i... More...   $0 (12-04-2009 - WY)

Christopher Ries v. The City of Chicago

Defendant, the City of Chicago (City), appeals from a jury verdict awarding plaintiffs, Christopher Ries and Michael Martinez, damages in the amount of $4,052,572 and $159,069 respectively, for injuries they sustained when a police car, driven by Demario Lowe, struck the car in which the plaintiffs were driving. Immediately before the accident, Lowe had stolen the police car after being detained i... More...   $0 (11-25-2009 - IL)

Patricia Ellen Clark v. Kara Taylor Bell

¶1 Patricia Clark brought a negligence action to recover damages for injuries sustained in an automobile accident. A jury in the Eighth Judicial District Court, Cascade County, rendered a verdict in favor of Defendant Kara Bell. Clark appeals. We affirm in part, reverse in part, and remand for a new trial.

¶2 We restate the issues as follows:

¶3 1. Did the District Court err by al... More...
   $0 (11-23-2009 - MT)

Melissa Harman v. Brent Pollock

In this ongoing action under 42 U.S.C. § 1983, a previous panel of this court determined that various material factual disputes remained regarding the constitutionality of the near two-hour early morning detention of Melissa Harman and Justin Overton (or the “Plaintiffs”), and the corresponding after-midnight searches of their garage apartment conducted by officers who worked for the Utah Dep... More...   $0 (11-20-2009 - UT)

Arthur C. Wagner, Jr. v. Live Nation Motor Sports

In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.1 (“SFX”), appeals the district court’s denial of its post-trial motion for judgment as a matter of law (“JMOL”). SFX argues that a reasonable jury could not have found SFX liable for wanton conduct based on its staging of an August 2003 motorcycle race in which Arthur Wagner, Jr. (“Wagner”), crashed and was se... More...   $0 (11-13-2009 - KS)

Westchester Fire Insurance Company v. Phil Mendez

Westchester Fire Insurance Company brought a declaratory relief action against Phil Mendez, its insured policyholder under a commercial general liability insurance policy. Westchester contended that it had no obligation to defend or indemnify Mendez against a certain claim because he failed to give proper notice to the insurance company of the claim.

The injured party, Northwest Airlines,... More...
   $0 (10-30-2009 - NV)

Jerri Blount v. Joseph Stroud, and Jovon Broadcasting, WJYS-TV 62/34

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)

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AK Morlan
Kent Morlan, Esq.
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