¶1 This action arises from tragic circumstances involving the murder of a child placed in the custody of her biological father. Plaintiffs/Appellants Charles and Annette Deal (Plaintiffs) appeal the trial court's Order granting summary judgment in favor of Defendant/Appellee State of Oklahoma ex rel. Oklahoma Department of Human Services (DHS). Although the Order does not address all issues and De

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob

While employed in an administrative position at West
Chester University of Pennsylvania, Colleen Bradley shared
her concerns about one of the school’s budget documents with
her colleagues. Subsequently, she was informed by her
supervisor that her employment contract would not be
renewed. Arguing that her speech was protected by the First
Amendment to the United States Const

Tulsa, OK - Patrick P. Timp sued Kaitlyn N. Liu and Progressive Direct Insurance Company on auto negligence and uninsured motorist theories.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: TIMP, PATRICK P
Filed Date: 07/28/2015
Party Name Disposition Information
Defendant: LIU, KAITLYN N Disposed: DISMISSED WITHOUT PREJUDICE, 02/27/2017. Other
Defendant:

Code of Civil Procedure section 128.51
authorizes a trial
court to award sanctions for bad faith actions or tactics that are
frivolous or solely intended to cause delay. Pursuant to former
subdivision (f) of section 128.5, effective from January 1, 2015
until amended by urgency legislation enacted August 7, 2017
(former subdivision (f)), any such sanctions had to be imposed

This is an Engle progeny case1 brought by plaintiff James Smith, Sr. against defendant R.J. Reynolds Tobacco Co. (“Defendant”) to recover damages based on the death of his wife, Wanette Smith, from tobacco-related diseases caused by Mrs. Smith’s decades-long history of smoking Defendant’s cigarettes. We face only one issue:2 whether the district court should have reduced the jury’s compensatory da

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie

Malik Hasan ordered wine from Premier Cru Fine Wines (Premier Cru) and
paid with credit cards issued by Chase Bank USA, N.A. (Chase) and American
Express Centurion Bank (AmEx). Premier Cru declared bankruptcy while Hasan was
still waiting for delivery of wine that he paid nearly $1 million for. Hasan asserts that
under a provision of the Fair Credit Billing Act (FCBA), 15 U.S.C. §§

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap

Raeburn Bedford is a truck driver who was unfortunately injured after he
opened the door to a trailer he was hauling and a load of boxes fell on him. Bedford
sued International Paper Company, or IP, and a John Doe who worked for IP,
asserting that Doe negligently failed to secure the load and that IP negligently
supervised the loading and inspecting of the trailer and was vicarious

Cheri Dahlin sued Lyondell Chemical Company, Equistar Chemicals, LP, and
Equistar GP, LLC (collectively “Lyondell”). A jury returned a verdict for Dahlin.
Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.

I.

Between 1990 and 1995, Dean B. Dahlin worked for two companies as a
commercial truck driver. For both, he loaded his truck with benzene-

After their son tragically committed suicide, the plaintiffs, Michael and Anna
Barnwell, sued the superintendent of their son’s school district, alleging that the
school had discriminated against their son on the basis of disability by failing to
adequately protect him from being bullied by other students. But the district court2
found no evidence to support the Barnwells’ claim, a

Toll Processing Services, LLC (“Toll Processing”) appeals from the district court’s order granting summary judgment in favor of Kastalon, Inc. and Kastalon
* The Honorable Pamela Pepper, United States District Court for the Eastern District of Wisconsin, sitting by designation.
2 No. 15-3187
Polyurethane Products (collectively, “Kastalon”) on Toll Processing’s conversion and negligence

A bank made a business loan that was guaranteed by the principals of the business
and secured by a deed of trust on property the principals owned. Years later, the bank
assigned the note and deed of trust to plaintiff SMS Financial XXIII, LLC (SMS). After
the borrower defaulted on payment, SMS undertook preparations to foreclose on the deed
of trust and in the process discovered th

Keith Crabbs filed a § 1983 claim alleging that the local police violated his Fourth (and Fourteenth) Amendment right to be secure from unreasonable searches. But he died before the case could be resolved. Anne Crabbs, Keith’s mother and the personal representative of his estate, filed a motion to substitute as a party. The district court found that Keith’s death extinguished his claim and dismiss

On October 6, 2014, David Chambers, who was an employee of RDT Trucking, Inc., was dispatched to an oil-well site in Crescent, Oklahoma, to pick up waste water. Stephens Production Company and Stephens Production Company Continental Properties, LLC (SPC) were the owners and operators of the well. Upon arrival at the well, Mr. Chambers worked on or around a device known as a "heater treater." Durin

This appeal involves a law firm’s investigation of the Miami Dolphins professional football organization. The National Football League (“NFL”) hired the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP and one of its partners, Theodore Wells, to investigate allegations of bullying within the Dolphins organization. After receiving Paul, Weiss’s report, the Dolphins fired their offensive lin

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe.

On October 24, 2016, the defendant pled guilty to one count of theft over $250,000 from victim Lawrence County Fire and Rescue, Inc. (“Lawrence County Fire and Rescue”), one count of theft between $10,000 and $60,000 from victim Crossroads Volunteer Fire Department (“Crossroads”), and six counts of money laundering. The State agreed to dismiss eighty-one additional counts of money laundering as p