Japan Cash Machine Co., Ltd. sued MEI, Inc. on a patent infringement theory. JCM Global claim claimed that MEI's CashFlow(R) SC Series infringed JCM's innovative, removable stacker mechanism, detailed in U.S. Patent #5,372,36.

The defenses asserted by MEI are not available. More...  (01-08-2009 - NV)

{¶1} Plaintiffs-appellants, P. Valerie Knowlton and Norma Knowlton, executor of the estate of Peter M. Knowlton, (collectively “the children”) appeal a judgment of the Hamilton County probate court in favor of defendants-appellees, Charles Lindberg and Fifth Third Bank, the executors of the estate of Austin E. Knowlton and the trustees of the Austin E. Knowlton Trust (collectively “the esta ...More...   $0 (11-21-2009 - OH)

In this negligence action, the plaintiff, Rita Peatie, appeals from the judgment of the trial court, rendered after a jury verdict in favor of the defendant, Wal-Mart Stores, Inc. The plaintiff claims on appeal that the court improperly (1) bound her ‘‘in lieu of’’ attorney to the scheduling order agreed to by her previous attorney, (2) refused to lift a protective order, (3) excluded some ...More...   $0 (01-08-2009 - CT)

In this appeal, we are asked to examine the postjudgment procedure for the distribution of use and occupancy payments deposited with the court during an appeal from a summary process judgment. The defendant, The Bible Speaks Ministries, Inc., appeals from the judgment rendered by the trial court ordering disbursement of $1010 of the $1265 deposited use and occupancy payments to the substitute plai ...More...   $0 (01-08-2009 - CT)

The principal issue in this appeal is whether a violation of the Home Improvement Act (act), General Statutes § 20-418 et seq., and specifically, General Statutes § 20-429 (a),1 precludes a home improvement contractor from reducing the damages that it owes for breach of contract to a nonbreaching homeowner by an amount equal to the unpaid balance remaining on the contract. The defendant, Burke C ...More...   $0 (01-08-2009 - NJ)

The family and estate of William C. Hearn, age 59, and others sued Plant Insulation Company on products liability theories for his wrongful death. James Harris and George Welch also sought compensation for the harm caused to them by Defendant.

The defenses asserted by Defendant are not available. ...More...   $4,300,000 (01-08-2009 - CA)

Japan Cash Machine Co., Ltd. sued MEI, Inc. on a patent infringement theory. JCM Global claim claimed that MEI's CashFlow(R) SC Series infringed JCM's innovative, removable stacker mechanism, detailed in U.S. Patent #5,372,36.

The defenses asserted by MEI are not available. ...More...   $11,400,000 (01-08-2009 - NV)

Bruce Salem sued Funtime America on a premises liability theory. He claimed that he was walking with his son to the restroom in June 2004 when he turned a blind corner and tripped over a game called Spyromania. Plaintiff, age 53, sustained a broken nose and neck injuries that he claimed required the removal of two discs in his neck and the fusion of vertebrae.

Funtime America contended ...More...   $750,000 (01-08-2009 - NJ)

Sara Plowden sued the City of Torrence, Edward Williams, Rayan Galassi, and Chief James Herren on a civil rights violation theory under 42 U.S.C. 1983. Plowden, who lived in Gardena when she filed the civil rights lawsuit in January 2006, claimed she was subjected to a "driving while black" arrest early on Nov. 23, 2003.

The defenses asserted by the defendants are not available. ...More...   $0 (01-08-2009 - )

Thomas and Marker Construction sued Wal-Mark Stores, Inc. on a breach of contract theory. The lawsuit stemmed from the June 2005 construction of a Springfield Wal-Mart SuperCenter. Thomas and Marker entered into a contract with Wal-Mart to build the store, but throughout the course of the excavation the company and its subcontractors encountered unforeseen solid bedrock in areas and at depths not ...More...   $1,500,000 (01-08-2009 - OH)

In this insurance bad faith action arising out of the destruction of Patrick A. and Elsa L. Major's (together the Majors) home in the Cedar Fire in October 2003, their insurer, Western Home Insurance Company (Western), appeals from a jury verdict against it totaling approximately $1.3 million dollars, consisting of $31,359.55 in economic damages, $450,000 in noneconomic damages, $189,000 in attorn ...More...   $1,200,000 (01-07-2009 - CA)

Plaintiff Adam Rankin filed this lawsuit alleging that defendant Longs Drug Stores California, Inc. (Longs) violated California law because Longs's employment application contained a question (the question) asking whether Rankin had been convicted of a crime involving the use or possession of illegal drugs during the preceding seven years.1 Rankin sought, on behalf of himself and all others simila ...More...   $0 (01-07-2009 - CA)

In the underlying action, the trial court granted nonsuit on appellant John Sandoval’s claim for violation of due process against respondent Los Angeles County Department of Public Social Services (DPSS). Following a jury verdict in favor of DPSS on Sandoval’s remaining claims against DPSS for civil rights violations and wrongful termination, the trial court entered judgment for DPSS and denie ...More...   $0 (01-07-2009 - CA)

Julie Ann Wilson appeals from a judgment in favor of her employer the County of Orange (the County). Wilson is a radio dispatcher at the Orange County Sheriff’s Department’s (the Department) county-wide emergency communications system. She sued the County under the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12940, subds. (m) & (n)),1 contending it failed to make reasonable accommoda ...More...   $0 (01-07-2009 - )

We must determine whether a city violates the First Amendment by prohibiting most offsite commercial advertising while simultaneously contracting with a private party to permit sale of such advertising at city-owned transit stops.

I

This case lies at the crossroads of two courses of action that the City of Los Angeles has followed. First, in December 2001, the City entered into a con ...More...   $0 (01-07-2009 - CA)

In this case, a local church has disaffiliated itself from a larger, general church with which it had been affiliated. Both the local church and the general church claim ownership of the local church building and the property on which the building stands. The parties have asked the courts of this state to resolve this dispute. When secular courts are asked to resolve an internal church dispute ove ...More...   $0 (01-06-2009 - CA)

David Douglas Pearson was struck by an uninsured motorist while crossing an intersection on foot. Pearson was listed as an additional driver under an automobile insurance policy issued by the Mercury Insurance Company (Mercury) to Pearson’s fiancĂ©e as the named insured. Asserting that the uninsured motorist provisions of the policy did not cover Pearson for injuries suffered in a pedestrian acc ...More...   $0 (01-06-2009 - CA)

This case involves a dispute about property in Chatham. We summarize the facts, relying on the findings made by the Superior Court judge following a jury-waived trial, and supplementing where necessary by undisputed record evidence.

A. Procedural background. T.W. Nickerson, Inc. (plaintiff), is a Massachusetts corporation, which operates a "stump dump" business on the subject property.
< ...More...   $0 (01-05-2009 - MA)

Plaintiff, C.R., appeals from a judgment entered in favor of defendant, Tenet Healthcare Corporation, after her demurrer was sustained without leave to amend her first amended complaint. Plaintiff alleged she was a patient at Encino Tarzana Medical Center (the medical center). She was molested by, Ramon Eduardo Gaspar, one of defendant’s employees. We reverse the dismissal order. Upon remittitur ...More...   $0 (01-05-2009 - CA)

In the case of Estate of Kornak v Anesco, James Kornak, a 35-year-old man, was admitted to Broward General Medical Center to have a pacemaker implanted. The first procedure was unsuccessful, and he was scheduled for the procedure again the next day. Overnight his respiratory condition decompensated but nonetheless he was taken into surgery the next day. He suffered respiratory failure and died ...More...   $2,250,000 (01-05-2009 - FL)

¶1 The issue on this appeal is the proper construction of the uninsured motorist (UM) provision in an insurance policy as applied to the situation in which the alleged tortfeasor who operated the motor vehicle was insured but the vehicle was not insured. We conclude that the policy provision is ambiguous because the title of the UM section is “Uninsured Motorist” while the insuring cl ...More...   $0 (01-05-2009 - WI)

In this case, we are asked to determine when a governmental employee is immune from liability for an intentional tort. We hold that MCL 691.1407(3) of the governmental tort liability act (GTLA), which explicitly maintains “the law of intentional torts as it existed before July 7, 1986,” grants immunity to governmental employees from intentional-tort liability to the extent allowed by the commo ...More...   $0 (01-04-2009 - MI)

Richard B. Richardson ["Richardson"] timely appeals the trial court's final judgment in favor of Clifford E. Hooper ["Hooper"]. Specifically, Richardson appeals the order dismissing Richardson's claim against Hooper contained in count one of Richardson's amended third party complaint. On March 4, 2004, CDL Group, Inc. ["CDL"] sued Richardson, alleging that Richardson violated Florida's interest an ...More...   $0 (01-02-2009 - FL)

Appellant, Charlene Bifulco appeals from a final summary judgment entered in favor of her former employer, Patient Business & Financial Services, Inc., on her complaint alleging that PBFS violated Florida's Private Whistle Blower Act and Workers' Compensation Law when it terminated her employment for retaliatory purposes. We affirm without discussion as to the private whistle blower count but reve ...More...   $0 (01-02-2009 - FL)

Ahmed Tavakoly and his wife, Beverlyn, appeal from a final judgment entered after a jury trial and an order denying new trial in connection with their action to recover damages for personal injuries sustained by Ahmed when he was thrown from a horse owned by appellee Fiddlers Green Ranch of Florida, Inc. (Ranch). The appellants raise several points on appeal, only one of which we find meritorious. ...More...   $0 (01-02-2009 - FL)

[¶1.] During a fist fight in a nightclub, when a beer bottle was broken over his friend’s head, plaintiff stepped in front of his friend to protect him from further injury. Plaintiff was then stabbed in the neck with the broken beer bottle. In his lawsuit against the nightclub, plaintiff alleged, among other things, that the nightclub was negligent for failing to provide adequate and competent ...More...   $1 (01-02-2009 - sd)

Ruth M. Dwyer, trustee of The Dwyer Family Realty Trust (trustee and trust, respectively), commenced this action in the Supreme Judicial Court for Suffolk County, pursuant to G.L. c. 215, § 6, seeking reformation of the trust. She alleges that, because of drafting errors, the trust as written fails to give effect to one of the donor's principal estate planning goals, that is, to transfer his prop ...More...   $0 (12-31-2008 - MA)

In this action alleging negligence and other claims, plaintiffs sought damages from their former landlord for various injuries that, they alleged, had resulted from unhealthful conditions in a dwelling that they rented from that landlord. On defendant's ORCP 21 A(8) motion, the trial court concluded that plaintiffs had failed to state a claim in common-law negligence, that the only claims that pl ...More...   $0 (12-31-2008 - OR)

Petitioners seek review of a decision of the Land Use Board of Appeals (LUBA) affirming the City of Madras' amendment to its comprehensive plan. The amendment adopts a report that updates analysis of the city's supply of buildable land that is available to meet housing and commercial needs. According to petitioners, LUBA erred in affirming the city's decision adopting the report for two reasons. ...More...   $0 (12-31-2008 - OR)

The General Store appeals the district court’s grant of summary judgment upholding the revocation of The General Store’s federal firearms dealer license for willful violations of federal and state firearms laws. This appeal gives us occasion, following the Supreme Court’s decision in Safeco Insurance Company of America v. Burr, 551 U.S. __, 127 S. Ct. 2201 (2007), to consider the definition ...More...   $0 (12-31-2008 - CA)

Today, our court promulgates an astonishing new rule of law for the nine Western States. Henceforth, a plaintiff who claims to feel offended by the mere thought of associating with people who hold different views has suffered a legally cognizable injury-in-fact. No other circuit has embraced this remarkable innovation, which contradicts nearly three decades of the Supreme Court’s standing jurisp ...More...   $0 (12-31-2008 - CA)

Case Summary and Issue Ezra Bradshaw appeals the trial court‟s grant of summary judgment in favor of Affirmative Insurance Company, Bradshaw‟s insurer, disposing of Bradshaw‟s claim for uninsured motorist benefits. On appeal, Bradshaw raises one issue, which we restate as whether the trial court properly concluded Bradshaw‟s claim was time-barred pursuant to the two-year limitation period ...More...   $0 (12-31-2008 - IN)

{¶1} Plaintiff-appellants Brandon, Michael, and Ellen Geiger sued the Westfield National Insurance Company, claiming bad faith and fraud in Westfield’s handling of an underinsured motorist (“UIM”) claim. The Geigers also sought punitive damages. The trial court granted summary judgment in favor of Westfield without comment, but presumably on the grounds that either (1) the Geigers’ case w ...More...   $0 (12-31-2008 - OH)

{¶ 1} The city of Middleburg Heights appeals from a decision of the Eighth District Court of Appeals, which concluded, “[C]ourt costs should be assessed for each case and not for each offense.” Middleburg Hts. v. Quinones, Cuyahoga App. No. 88242, 2007-Ohio-3643, at ¶ 97. We accepted jurisdiction over a narrow issue: whether court costs assessed by municipal courts are to be imposed on a per ...More...   $0 (12-31-2008 - OH)

North Pointe Insurance Company (“North Pointe”) petitions for a writ of certiorari to quash a non-final order denying a motion to dismiss or abate a bad faith claim arising out of a dispute over homeowners’ insurance coverage. We have jurisdiction. See Art. V, § 4(b), Fla. Const.; XL Specialty Ins. Co. v. Skystream, Inc., 988 So. 2d 96 (Fla. 3d DCA 2008), review dismissed, No. SC08-1837 (Fl ...More...   $0 (12-31-2008 - FL)

Stewart Zupnik and Dade Paper & Bag Co., Inc., appeal a temporary injunction order enjoining Zupnik from competing against his former employer, All Florida Paper, Inc. We reverse because the restrictive covenants set forth in the employment agreement expired at the end of the two-year term, and All Florida failed to establish that Dade Paper misappropriated any alleged trade secrets.

Stewar ...More...   $0 (12-31-2008 - FL)

Rodney Shands, Robert Shands, Kathryn Shands Edwards, and Thomas Shands, [collectively, “the Shands”] seek to reverse a final order granting the City of Marathon’s [“City”] motion to dismiss in an inverse condemnation case. The trial court’s order dismissed the Shands’ state claim finding the cause of action to be a facial taking brought beyond the applicable four-year statute of lim ...More...   $0 (12-31-2008 - FL)

Thomas F. Collins and Patricia Collins, Donald Davis, Aurelia Del Valle and Maria Del Valle, Hill Family Investments, Inc., Richard J. Johnson and Joann C. Johnson, Robert A. Lomrance, Joseph Magrini and Elda S. Magrini, Keith P. Radenhausen, Frank J. Schnieder, Mary Ann Ricklin, Rosemary Riordan, Hubert Tost and Marilyn Tost, and Samuel I. Burstyn, P.A., [collectively, “the Landowners”] appea ...More...   $0 (12-31-2008 - FL)

This is an appeal from a nonfinal order granting Timothy Condon’s motion for class certification. See Fla. R. App. P. 9.130(a)(3)(C)(vi). Mr. Condon’s class action complaint alleged that Guy’s World, Inc., and Guy Skiver (collectively, Guy’s World) violated the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227 (2000). We review an order certifying a class for abuse of disc ...More...   $0 (12-31-2008 - FL)

In this appeal, a nursing home challenges an order denying its motion to compel arbitration in a nursing home resident‟s rights lawsuit filed by Carlene Mallory, as next friend of her mother, Alfreda Mallory. We reverse. The nursing home admission agreement which contained the arbitration clause was signed by Carlene Mallory under the durable power of attorney (POA) granted her by her mother. Th ...More...   $0 (12-31-2008 - FL)

[¶1] The Town of Gouldsboro’s Planning Board denied JPP, LLC’s application to create a subdivision on the shores of Jones Pond, concluding that the proposal did not meet a requirement that applied to dead-end roads, and that no waiver of that requirement was warranted. The Superior Court (Hancock County, Cuddy, J.) affirmed the Town’s decision on appeal. JPP now appeals from the Superior C ...More...   $0 (12-30-2008 - ME)

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