On June 22, 2006, Connor Freed (“Connor�), who was five, was taken by Paul Carroll, an adult family friend, to the swimming pool at the Crofton Country Club, in Crofton, Maryland. At approximately 4:30 that afternoon, Connor drowned in the Country Club’s swimming pool. The pool was managed at the time of the drowning by D.R.D. Pool Service, Inc. (“the pool company�), appellee.

Les... More...   $0 (07-06-2009 - MD)

After an airplane flight crashed near Pucalpa, Peru on August 23, 2005, plaintiffs brought claims of product liability and of negligent design, manufacture and warning against defendant The Boeing Company (Boeing), which designed and manufactured the airplane, and defendant United Technologies Corporation (UTC), which manufactured the airplane’s engines. Plaintiffs were the survivors of the cra... More...   $0 (06-18-2009 - IL)

Defendants-Appellants Mylan Laboratories and Mylan Pharmaceuticals (collectively “Mylan�) appeal from the district court’s order awarding approximately $1.3 million in costs to Plaintiff-Appellee Daiichi Pharmaceutical Co. (“Daiichi�) under 28 U.S.C. § 1920 and Federal Rule of Civil Procedure 54(d). We affirm-in-part, vacate-in-part, and remand.

BACKGROUND

This appeal ... More...   $0 (06-16-2009 - )

The Estate of Kim Kosak sued Cirrus Design Corp., University of North Dakota Aerospace Foundation and Estate of Gary Prokop on a negligence theory for the wrongful death of Kosak, age 51, as a result of a plane crash on January 18, 2003. The National Transportation Safety Board investigation concluded the the cause of the crash was pilot error. Plaintiffs claimed that Krokop had not been properly ... More...   $16400000 (06-06-2009 - )

Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc. (collectively “Medtronicâ€�) appeal from a final judgment of the United States District Court for the District of Massachusetts. DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., No. 01-CV-10165 (D. Mass. Dec. 11, 2007). The district court denied Medtronic’s ensnarement defense after a jury found that Medtronic had infringed... More...   $0 (06-01-2009 - MA)

Kenneth McKeon, age 52, David Swist on a civil fraud theory claiming that he was duped into signing away title to his home to Swist who then mortgaged it to Countryside Bank FSB. McKeon, who suffered brain damage in a catastrophic car crash. suffers from impaired memory and vision, claimed that he did not know that he was deeding him property to Swist.

The defenses asserted by Swist are no... More...   $0 (05-30-2009 - MA)

Tammy J. Adamson appeals on a number of issues arising out of her personal injury suit against Kody J. Bicknell. Bicknell filed a cross-appeal with regard to a pretrial discovery determination made by the district court. For the reasons stated below, we reverse the district court's decision to deny Adamson's motion to amend petition to include punitive damages and accordingly remand for a new tria... More...   $0 (05-15-2009 - KS)

This matter comes on before this Court on an appeal from an order of the United States District Court for the Eastern District of Pennsylvania, entered on April 30, 2008, and made final by an order entered on May 27, 2008: (1) granting a motion by appellee Pilatus Aircraft Ltd. (“Pilatusâ€�)1 to dismiss it as a defendant for lack of personal jurisdiction, and (2) denying appellants’ motion to ... More...   $0 (05-14-2009 - PA)

These are consolidated cases in which plaintiffs are residents of Van Lopik and Limberlost subdivisions in Robinson Township who assert tort claims and constitutional violations against the township, its board members (Berens, Frye, Clark, Kuyers, Mulligan, Korving, Kuncaitis, Masko, Rayla, Stille, Harmon), its building officials (Easterling & Forner), and others, after the Grand River flooded in ... More...   $0 (05-12-2009 - MI)

We have consolidated for decision two appeals (Abad and Pastor) that present similar issues concerning the doctrine of forum non conveniens (“inappropriate forumâ€�). The doctrine allows a court to dismiss a suit if there are strong reasons for believing it should be litigated in the courts of another, normally a foreign, jurisdiction. E.g., Sinochem Int’l Co. v. Malaysia Int’l Shipping Corp... More...   $0 (05-07-2009 - IL)

For centuries, a broad, shallow sheet of fresh water that covered most of South Florida flowed south from Lake Okeechobee to the Florida Bay. This phenomenon was the “river of grassâ€� or Everglades, which supported unique and fragile flora and fauna. As so often happens with natural treasures, people sought to control and manipulate the Everglades for their own ends. After the State of Floridaâ... More...   $0 (05-05-2009 - )

The case at bar is a class action suit by auto insurance policyholders for breach of contract against their insurance company. Nicholas Smith and Amy and Bryce Johnson, on behalf of themselves and a class of Missouri plaintiffs (collectively “Plaintiffsâ€� or “Classâ€�), appeal the trial court’s grant of defendant American Family Mutual Insurance Company’s (“American Familyâ€�) motion fo... More...   $13118325 (05-05-2009 - MO)

In this premise-liability case, we decide whether a seventeen-foot floodgate arm located approximately three feet off a two-lane rural roadway is a “special defect� under the Texas Tort Claims Act (TTCA). We hold the floodgate arm does not meet the TTCA’s narrow definition of a special defect. Accordingly, we reverse the court of appeals’ judgment and dismiss the case.

... More...   $0 (05-05-2009 - TX)

In 2000, two small planes collided while approaching the Waukegan Regional Airport, which is near Lake Michigan north of Chicago, and crashed into a medical center. The planes’ occupants— the pilot and passenger of one, the student pilot of the other—were killed, and the medical center was damaged. When the collision occurred, one plane was approaching the airport, intending to land, and the... More...   $0 (05-01-2009 - IL)

Defendant Officer Brad Knoblauch appeals the district court’s denial of his motion for summary judgment. For the following reasons, we reverse.

I

On April 29, 2000, Officer Brad Knoblauch (“Knoblauchâ€�) of the Holly Springs Police Department was on a routine late-night/early-morning patrol when he observed Roy Pasco (“Pascoâ€�) driving erratically. Believing Pasco was intoxica... More...   $0 (04-29-2009 - MS)

US Salt, Inc. (US Salt) filed this breach of contract action in Minnesota state court against Broken Arrow, Inc. (Broken Arrow), which subsequently removed the case to federal court on the basis of diversity jurisdiction. The district court1 granted US Salt partial summary judgment on its breach of contract claim but ultimately dismissed the claim for failure to submit admissible evidence to prove... More...   $0 (04-20-2009 - MN)

Mack Whittenburg was driving his pickup truck on the highway when he collided with a stalled tractor-trailer. Suffering a number of injuries, Mr. Whittenburg brought suit against Werner Enterprises, Inc., the trucking company, as well as Werner’s driver management company and the individual tractor-trailer drivers. The jury ultimately returned a verdict assessing the defendants’ negligence at ... More...   $0 (04-03-2009 - OK)

This matter arises from an automobile accident wherein John Keenan, while intoxicated, crashed into a car driven by Laurie Riley and occupied by her future husband, Gregory Riley. The Rileys both suffered injuries, hers resulting in permanent disability. In addition to seeking dram shop liability against two taverns, Naylor's Liquor & Bar (Naylor's) and Farrell's American Bistro (Farrell's... More...   $0 (04-02-2009 - NJ)

The facts underlying these consolidated cases show that, Ed Heller’s wife, Patricia, was killed when the taxi in which she was riding spun out of control on a rain-slick interstate highway and hit a tree. Heller, individually and as administrator of his wife’s estate (hereinafter collectively “Hellerâ€�), filed suit against the taxicab driver and the cab company that the driver worked for.1 ... More...   $0 (03-23-2009 - GA)

David Frye sued former McDowell County North Carolina Deputy Sheriff Brandon Watson, Sheriff Dudley Greene and McDowell County on a governmental tort claim theory for the wrongful death of his 2-year-old daughter Kennedy Frye who was killed on February 6, 2007 when the deputies patrol car ran into the back of the car in which Kennedy was a passenger at an estimated 120-mph. Kennedy's mother was a... More...   $5500000 (03-07-2009 - )

Christopher Tortu appeals the district court’s order granting defendant Officer Eugene Engle’s motion for judgment as a matter of law and, in the alternative, his motion for a new trial. After the jury returned a verdict in favor of Officers Richard Cashton and Duane Cowley but finding Engle liable, the district court granted Engle’s Fed. R. Civ. P. 50(b) motion for judgment as a matter of l... More...   $180000 (03-05-2009 - NV)

When the Deer Valley Resort Company (“DVRCâ€�) was developing its world-renowned ski resort in the Wasatch Mountains, it sold parcels of land within the resort village to third parties, while reserving the right of approval over the conduct of certain ancillary businesses on the property, including ski rentals. For about fifteen years, DVRC granted permission to Cole Sports and plaintiffappellan... More...   $0 (02-28-2009 - CO)

Appellant Mark Hackett brought suit against appellees Littlepage & Booth, Littlepage & Associates, P.C., and Michles & Booth, P.A., (1) alleging legal malpractice and deceptive trade practices stemming from the Law Firms' representation of Hackett, specifically the Law Firms' failure to file suit against two of Hackett's treating physicians for medical malpractice. In four issues, Hackett challen... More...   $0 (02-21-2009 - TX)

We consider whether, and to what extent, the Federal Aviation Act, 49 U.S.C. §§ 40101 et seq., preempts an airline passenger’s personal injury claims.

Facts

A pregnant woman fell from an airplane’s stairs, injuring herself and her fetus. She sued the airline, Midwest Express, and the airplane’s manufacturer, Fairchild Dornier and related companies, alleging that the stairs we... More...   $0 (02-19-2009 - CA)

This appeal involves a medical malpractice action brought by appellants Charles and Linda Archer (“the Archersâ€�) on behalf of their son, Mason Archer, against multiple parties, including appellee, Sisters of Mercy Health System, St. Louis Pooled Comprehensive Liability Program (“the Liability Poolâ€�).1 The circuit judge entered an order dismissing the Liability Pool. We reverse and remand.<... More...   $0 (02-18-2009 - AR)