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Remittitur Law
Dennis Vawter v. E.I. Du Pont De Nemours and Company

Dennis Vawter worked for a chemical plant owned by Velsicol Chemical Corporation for 37 ½ years before losing his job in December 2011, when the plant closed. In March 2012, when he was 59 years old, Mr. Vawter applied for a general operator position at a plant owned by E. I. du Pont de Nemours and Company (“du
Pont”). Out of 421 who applied for the job, Mr. Vawter was among the 140 applica... More...
   $0 (06-06-2016 - TN)

Larry Bachar v. Mike Partin, et al.

On the morning of November 6, 2010, Larry Bachar was involved in an accident at the intersection of Industrial Drive and Baxter Lane in Franklin County, Tennessee. Mr. Bachar filed suit against Mike Partin and Mike Partin Trucking on July 26, 2011, alleging that Mike Partin, while driving a truck owned by Mike Partin Trucking, (hereinafter collectively “Mr. Partin”) failed to stop in obedience to... More...   $211000 (06-01-2016 - TN)

Gloria Ristesund v. Johnson and Johnson Company

St. Louis, MO - Johnson & Johnson Loses Another Baby Powder Case

Gloria Ristesund, age 61, sued Johnson and Johnson on a products liability theory claiming that the Baby Powder and Shower to Shower products that she purchased and used for years was defective and unreasonably dangerous and caused her to develop ovarian cancer.

Ms. Ristesund, 62, was diagnosed with ovarian cancer i... More...
   $55000000 (05-03-2016 - MO)

BMB Aircraft, LLC v. Okla. Tax Comm'n (In re Aircraft Excise Tax Protest of BMB Aircraft, LLC),

In May, 2010, Robert L. Mills (Bob Mills), acting as the "President/Member" of BMB, executed a purchase agreement for the purchase of a Cessna Model 560XL aircraft from Cessna Aircraft Company of Wichita, Kansas, for a total purchase price of $10,555,825. The purchase agreement states that the "Scheduled Delivery Month Fly-Away Factory . . . Wichita, Kansas, is July 2010." On July 1, 2010, BMB ten... More...   $0 (03-27-2016 - OK)

R. J. Reynolds Tobacco Company vs Dianne Webb

In this Engle-progeny case,1 Appellant, R.J. Reynolds Tobacco Company,
challenges the trial court’s Final Judgment for Resolution Funds and argues that
because Appellee, Dianne Webb, as personal representative of the estate of her
father, James Cayce Horner, was not entitled to collect the money damages awarded
to her following the appeal of the initial final judgment, the part... More...
   $0 (03-21-2016 - FL)

New England Precision Grinding, Inc. v. Simply Surgical

This Superior Court contract action stems from
the sale by defendant Simply Surgical, LLC (Simply Surgical) to
plaintiff New England Precision Grinding, Inc. (NEPG) of medical
device parts manufactured by defendant Iscon Surgicals, Ltd.
(Iscon). All three parties appeal from an amended judgment
entered on January 8, 2013, in favor of Simply Surgical; Iscon
also appea... More...
   $0 (03-09-2016 - MA)

Ackerman v. South Carolina Department of Corrections

In 1995, our legislature enacted section 24-3-430 of the South Carolina Code (2007) to authorize the expansion of the Prison Industries program into the private sector. This expansion allowed qualified private entities to use inmate labor but required the wages for participating inmates to be no less than "the prevailing wage for work of [a] similar nature in the private sector." Act No. 7, 1995 ... More...   $0 (03-06-2016 - SC)

American Steel Erectors, Inc. v. Local Union No. 7

As we explained in ASE I, the structural steel industry
is comprised of steel fabricators, who manufacture steel products
to meet design specifications, and steel erectors, who assemble
the fabricated steel. When a developer or owner taps a general
contractor to lead the construction of a building, that general
contractor typically solicits bids for a combined "fab and er... More...
   $0 (02-26-2016 - MA)

Adrian Fridman v. Safeco Insurance Company of Illinois

The conflict issue in this case is whether an insured is entitled to a
determination of liability and the full extent of his or her damages by first bringing
an uninsured/underinsured motorist (UM) action before litigating a first-party bad
faith cause of action under section 624.155, Florida Statutes (2007). The related
issues we address are whether that determination of dam... More...
   $0 (02-25-2016 - FL)

R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Lorillard Tobacco Company and Liggett Group, LLC v. Marvine Calloway, as Personal Representative of the Estate of Johnnie Calloway

Tobacco defendants, R.J. Reynolds Tobacco Company (“RJ Reynolds”), Philip Morris USA Inc. (“Philip Morris”), Lorillard Tobacco Company (“Lorillard”),1 and Liggett Group LLC (“Liggett”), appeal a multi-million dollar final judgment. They raise several issues common to all and some individually.

They jointly argue the trial court erred in denying their motions for new trial based upon th... More...
   $0 (02-23-2016 - f)

Petrohawk Properties, L.P., and P-H Energy, L.L.C. v. Noel Diane Jones, et al.

In 2008, oil and gas companies descended on east Texas and Louisiana seeking to acquire
leases to exploit the Haynesville Shale formation, which they viewed as having enormous
potential. The atmosphere created by these companies was described as “unreal,” “a land rush,”
and comparable to a gold rush. David Deffenbaugh, Petrohawk Properties, L.P.’s, vice president
of land—midc... More...
   $0 (01-25-2016 - TX)

State Of South Carolina v. Barnes

We granted the State's request for a common law writ of certiorari to review a pretrial circuit court order in this capital retrial proceeding. We affirm the circuit court's order. Respondent's first capital conviction and sentence were reversed on appeal because he was denied his constitutional right to represent himself at trial. State v. Barnes, 407 S.C. 27, 753 S.E.2d 545 (2014); see Farett... More...   $0 (12-28-2015 - SC)

Anne Payne v. CSX Transportation, Inc.

From 1962 until his retirement in 2003, Winston Carrol Payne was employed by CSX Transportation, Inc. (the “Defendant”) as a switchman, switch foreman, and brakeman in the railroad transportation department. Less than three years after his retirement, Mr. Payne was diagnosed with lung cancer. In 2007, he sued the Defendant under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51–60 (... More...   $0 (12-28-2015 - TN)

Donald E. Gates v. District of Columbia

Washington, D.C. - Exonerated defendant wrongfully convicted of rape and murder settles for $16.65 million

Donald E. Gates sued the District of Columbia, John Harlow, Norman Brooks and Ronald S. Taylor on civil rights violation theories under 42 U.S.C. 1983 claiming that he was wrongfully convicted of the rape and murder of a college student in 1981 and sentenced to life in prison for a c... More...
   $16650000 (11-21-2015 - DC)

Brookwood Health Services Inc., d/b/a Brookwood Medical Center v. Wilfred Borden and Pam Borden

On September 8, 2010, Dr. Thomas A. Staner, a boardcertified neurosurgeon and neurologist, performed a lumbar laminectomy on Wilfred at Brookwood Medical Center. Wilfred was released from the hospital on Friday, September 10, 2010. On the evening of Saturday, September 11, 2010, Wilfred was at home lying in bed. According to Wilfred, when he rolled over and sat up on the side of the bed, he sudd... More...   $0 (11-16-2015 - AL)

Freeman v. J.L.H. Investments

Julie Freeman, individually and on behalf of 5,314 similarly situated car buyers, filed a lawsuit against J.L.H. Investments, LP, a/k/a Hendrick Honda of Easley ("Hendrick"), seeking damages under the South Carolina Dealers Act1 (the "Dealers Act") on the ground that Hendrick "unfairly" and "arbitrarily" charged all of its customers "closing fees"2 that were not calculated to reimburse Hendrick ... More...   $0 (11-06-2015 - SC)

Sky Canyon Properties v. The Golf Club at Black Rock, LLC

This is an appeal from the district court’s denial, upon remand, of Appellant’s Memorandum of Attorney Fees and Costs. Appellant argues that the district court erred in ruling
that the court did not have jurisdiction to award fees and costs on remand. We agree with appellant and reverse.
In prior proceedings, this Court reversed the district c... More...
   $0 (10-05-2015 - ID)

Conservatorship of Christopher B

Given the narrow focus of the legal underpinning for the Murphy conservatorship, we do not need to relate the evidence at trial. We draw some of the following facts from our opinion in Christopher B.’s appeal from the first effort to establish a conservatorship over his person and estate. (Conservatorship of Christopher B. (Mar. 6, 2014, C073478) [nonpub. opn.].)
In September 2003, Christo... More...
   $0 (09-28-2015 - CA)

CS Custom Homes, LLC d/b/a Callahan Custom Homes, LLC d/b/a Callahan Homes, LLC and Ervin E. Callahan v. Jessica Nicole W. Stafford

The principal issue in this residential-construction dispute concerns whether the
plaintiff homeowner was entitled to recover “reasonable and necessary costs of repair” that included
out-of-pocket costs paid to a structural engineer to identify construction defects and craft solutions.
On this record, we conclude that she was not.
The plaintiff homeowner, Jessica Nicole W. Stafford... More...
   $0 (09-23-2015 - TX)

Morse v. Fusto

In 2002, the MFCU initiated an investigation into the professional financial
affairs of Morse, a dentist, then practicing with another dentist in the Park Slope 4  
neighborhood of Brooklyn as ʺ580 Dental, P.C.ʺ  The defendant John Fusto, then 5  
a Special Assistant Attorney General with the MFCU, was assigned to the case, as 6  
was the defendant Jose Castillo, then an ... More...
   $0 (09-13-2015 - NY)

Pointe West Center, LLC v. It's Alive, Inc. and Shamil Qureshi, Individually, and as agent for, It's Alive, Inc.

Pointe West Center, LLC filed suit against its former tenant, It’s Alive, Inc., and the tenant’s guarantor, Shamil Qureshi, for breach of contract. The jury awarded some, but not all, of the claimed damages. The trial court did not award attorneys’ fees to Pointe West. Both sides appealed. In two issues, Pointe West
argues the trial court erred by denying its motion for judgment notwiths... More...
   $0 (09-10-2015 - TX)

Summit Media v. City of Los Angeles and CBS Outdoor, LLC

This is the second appeal in a dispute among several outdoor advertising companies and the City of Los Angeles over certain billboards with digital displays. In the first appeal, we affirmed the trial court’s finding that a settlement agreement between two of the companies and the City, allowing the companies to digitize many of their existing billboards, was illegal and void, because a municipal ... More...   $0 (09-08-2015 - CA)

Auffret v. Capitales Tours

The facts and procedural history underlying the ruling now before us were described in our previous opinion (Auffret v. Capitales Tours, S.A., (Apr. 24, 2013, H037551) [nonpub. opn.], (Auffret I)) and need be only briefly summarized here. The accident that led to this litigation occurred on April 28, 2009, on Highway 101 in Monterey County. While driving across a bridge the bus operator, John Eg... More...   $0 (08-21-2015 - CA)

Chodos v. Borman

Attorney represented client “in two divorce cases and a related Marvin[ ] action without a statutorily required written hourly or contingency fee agreement, [and thereafter] sued his client [in a quantum meruit action] for the reasonable value of the services he rendered in the three cases.” (Chodos I, supra, 227 Cal.App.4th at p. 82). The jury awarded attorney $7.8 million by special verdict, f... More...   $0 (08-19-2015 - CA)


On April 19, 2012, Lisa Sea contacted law enforcement to report that
her ex-husband John Pentecost was in her home uninvited. Pentecost told Sea, via
text message, that he was in her residence and had changed the locks. Sea and
Pentecost had shared the residence prior to their divorce in April of 2011. Sea
advised police that Pentecost had not lived in the home for over a ye... More...
   $0 (08-13-2015 - SD)

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