| Recent Verdicts and Judgments |
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Joe DiSalvo, III v. Suntrust Mortgage, Inc.
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Joe DiSalvo, III, and Elizabeth Ann DiSalvo challenge the entry of a summary judgment resulting in a final judgment of foreclosure. Because the mortgagee, SunTrust Mortgage, Inc., failed to present competent evidence that it
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provided the DiSalvos with the requisite notice and an opportunity to cure the default before the acceleration of the mortgage debt, we reverse.
More $0 (06-19-2013 - FL)
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Evelin Solis-Gonzalez v. Eric H. Holder, Jr.
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Evelin Solis-Gonzalez petitions for review of an order of the Board of Immigration Appeals upholding an immigration judgeâs decision to deny her asylum application. We deny the petition. Solis-Gonzalez is a native and citizen of Guatemala. She entered the United States without inspection in January 2010. Days later, the government charged her as removable for being present in the United States w ... More $0 (06-19-2013 - )
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American Woodmark Co. d/b/a Timberlake Cabinet Co. v. Harold Sipe
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The âtwo-dismissal ruleâ is set forth in Florida Administrative Code Rule 60Q-6.116(2): âa second notice of voluntary dismissal shall operate as an adjudication of denial of any claim or petition for benefits previously the subject of
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a voluntary dismissal.â Appellants argue the Judge of Compensation Claims erred, in the order on appeal, by not applying the two-dismissal ru ... More $0 (06-18-2013 - FL)
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Steven Wood v. Southern Crane Service, Inc.
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In this personal injury action, plaintiff Steven Wood appeals a final summary judgment entered in favor of the defendant, Southern Crane Service, Inc., in which the trial court found as a matter of law that Southern Crane was entitled to âimmunityâ from suit because the presence of a forty-ton mobile crane brought in by the contractor to assist in the removal of a massive oak tree on residenti ... More $0 (06-18-2013 - FL)
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Gina Murdock v. Carolyn W. Colvin
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Gina Murdock applied for Social Security disability and Supplemental Security Income benefits in 2007. The agency denied her application. Following her unsuccessful attempts for review before an administrative law judge (âALJâ) and the
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district court, she convinced this court that the ALJ had failed to make the proper findings at step three of the sequential process for ... More $0 (06-18-2013 - OK)
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United States of America v. Richard Clark a/k/a Rick Clark
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Defendant-Appellant Richard Clark was charged and convicted of multiple counts relating to his participation in a âpump-and-dumpâ securities fraud scheme. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm Mr. Clarkâs conviction.
I. Factual and Procedural Background
This case arises from a classic pump-and-dump scheme that was orchestrated principally by Mr. Clarkâs c ... More $0 (06-18-2013 - OK)
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United States v. $8,440,190.00 in U.S. Currency
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While fleeing from the Coast Guard aboard a go-fast vessel, the claimant Robert Hovito Van Bommel Duyzing ("Van Bommel") and his crew tossed approximately $8 million into the Caribbean Sea. The money was recovered by the Coast Guard and the government filed this action seeking to have the currency, along with some additional money found on the crew members' persons, forfeited to the United States ... More $0 (06-18-2013 - PR)
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Stella Hall v. The Ohio Bell Telephone Company
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Stella Hall appeals a district courtâs grant of summary judgment in favor of her former
employer, The Ohio Bell Telephone Company. Hall alleges that she was terminated from Ohio Bell
in retaliation for taking medical leave under the Family Medical Leave Act. For the following
reasons, we affirm the district court.
I. BACKGROUND
From 2001 to 2010, Hall worked for Ohio Bell as ... More $0 (06-17-2013 - OH)
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Elaine Joyce v. Twn of Dennis
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In May 2007, three days before plaintiff Elaine Joyce ("Joyce") expected to play golf with her father in a tournament at a town course in Dennis, Massachusetts, Joyce's father was told he would have to find another partner because women were not allowed in that "men's" tournament. The Town Administrator declined to reverse the course officials' decision, and Joyce subsequently brought federal and ... More $0 (06-17-2013 - MA)
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State of Arizona v. Inter Tribal Council of Arizona
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The National Voter Registration Act requires States to âaccept and useâ a uniform federal form to register voters for federal elections. The contents of that form (colloquially known as the Federal Form) are prescribed by a federal agency, the Election Assistance Commission. The Federal Form developed by the EAC does not require documentary evidence of citizenship; rather, it requires onl ... More $0 (06-17-2013 - AZ)
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DePuy Synthes Products, LLC v. Globus Medical, Inc.
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DePuy Synthes Products, LLC sued Globus Medical, Inc. on a patent infringement theory claiming three products previously sold by Globus Medical did infringe on Synthesâ patents.
Globus issues the following press release:
Globus Medical, Inc. (NYSE: GMED), a leading spinal implant manufacturer, today announced that the jury in a patent infringement case in the U.S. District Court i ... More $16,000,000 (06-17-2013 - DE)
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Jose Angel Torres-Vaquerano v. Eric H. Holder, Jr.
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JosĂ© Angel Torres-Vaquerano petitions for review of the Board of Immigration Appeals (BIA) affirmance of the Immigration Judgeâs (IJ) decision denying his application for withholding of removal and humanitarian relief. The IJ and BIA both found that Torres-Vaquerano presented no evidence that the undisputed past persecution, the torture and murder of his father and three cousins and death threa ... More $0 (06-16-2013 - MI)
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Elaine Hanna v. Paul A. Esau, D.D.S.
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Elaine Hanna sued Paul A. Esau, D.D.S. d/b/a New Smile, LLC, Mal Berg, D.D.S. d/b/a New Smile, LLC on medical negligence (medical malpractice) theories claiming:
COMES NOW the Plaintiff, Elaine Hanna, individually (hereinafter âPlaintiffâ), and for her claim against Paul A. Esau D.D.S, dlb/a New Smile LL.C. and d/b/a New Smile P.L.L.C. and Mat Berg, D.D.S, d/b/a New Smile L.L.C. an cl ... More $0 (06-15-2013 - OK)
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Robert Paden v. Texas County Board of County Commissioners
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Robert Paden sued the Texas County Board of County Commissioners and Ted Keeling on a civil rights violation theory under 42 U.S.C. 1983 claiming to have been injured or damaged as a direct result of having his civil rights violated by the County or one of its employees involving his free speech rights relating to a matter of public concern.
Plaintiff Robert Paden brought this 42 U.S.C. ... More $0 (06-15-2013 - OK)
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Will Williams v. America First Lloyds Insurance
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Appellant Will Williams appeals the trial courtâs order granting the traditional and no-evidence motion for summary judgment filed by appellee America First Lloyds Insurance. We affirm.
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1See Tex. R. App. P. 47.4.
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Background Facts
In April 2012, appellant filed his original petition in the trial court against appellee to appeal from a ... More $0 (06-15-2013 - )
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Antonio Steward v. Stratus Security Services
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Antonio Steward, age 24, sued Stratus Security Services on a negligence theory claiming to have lost both of his legs as a direct result of having been shot by a gang member at the Fontana, California apartment building where he lived in 2006. Steward claimed that Defendant's security guards failed to protect him by neither breaking up a late-nigh outdoor drinking part of about 10 men. Plaintiff ... More $55,000,000 (06-15-2013 - CA)
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State of Ohio v. Duane Portman Sr.
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The State of Ohio charged Duane Portman Sr., age 44, with aggravated robbery, abduction and six counts of rape in conjunction with a claim by a woman that he held a gun to her head and raped her at his business on September 4, 2012. Portman was shot in the face by the woman who took his gun away from him.
The woman, an escort, agreed to meet Portman at his business but claimed that she t ... More $0 (06-15-2013 - OK)
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Estate of Robert Thomas, Jr. v. Los Angeles County
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The Estate of Robert Thomas, Jr., age 21 at the time of his death, sued Los Angeles County claiming that two deputy sheriffs used excessive force when they shot and killed him in 2010.
Authorities say deputies patrolling the area noticed a party in the South LA neighborhood, saw Thomas acting suspiciously and tried to talk to him. They gave chase when he ran and shot him claiming they t ... More $7,500,000 (06-15-2013 - CA)
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State Farm Mutual Automobile Insurance Company v. Scott Christopher Siegie
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State Farm Mutual Automobile Insurance Company appeals from a $100,000 judgment entered in favor of its insured, appellee Scott Siergiej, in an action
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seeking uninsured motorist coverage. The judgment equals the coverage limit on the uninsured motorist policy State Farm issued to Mr. Siergiej. The jury's verdict totaled $211,000. Before trial, State Farm waived its right to sub ... More $0 (06-14-2013 - FL)
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Scott B. v. Board of Trustees of Orange County High School of Arts
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Appellant Scott B. was a student at the Orange County High School of the Arts (OCHSA or the school), a charter school. The school permits the dismissal of a student if the student accumulates 25 demerits. Although Scott exceeded the maximum number of 25 demerits allowed, the school did not dismiss him. However, when Scott exhibited a knife at school and threatened a fellow student, he was suspende ... More $0 (06-14-2013 - CA)
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In re T.V., a Person Coming Under the Juvenile Court Law.
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Tyrone V. appeals a judgment declaring his minor daughter, T.V., a dependent of the juvenile court under Welfare and Institutions Code1 section 300, subdivision (b), and removing T.V. from his custody. Tyrone contends the petition filed on T.V.'s behalf does not plead facts sufficient to show she had been seriously harmed or was at substantial risk of harm. He also contends the evidence is insuffi ... More $0 (06-14-2013 - CA)
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Greg Donlen v. Ford Motor Company
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Plaintiff Greg Donlen appeals from the trial courtâs grant of a new trial following a jury verdict awarding him damages in his lemon law action against defendant Ford Motor Company (Ford). He claims the court committed no error at trial and thus had no
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jurisdiction to grant a new trial on that basis. Ford also appeals, asserting that if we reverse the new trial order, we shou ... More $35,000 (06-14-2013 - CA)
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State of Oklahoma v. Joe Henry Vann, Jr.
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The State of Oklahoma charge Joe Henry Vann, Jr., age 37, with multiple counts of child sexual abuse in violation of 21 O.S. 843.5, which provides:
A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or ... More $0 (06-14-2013 - OK)
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Series AGI West Linn v. Robert Eves
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Robert Eves appeals from the Judicial Council form AT-120 Right to Attach Order and Order for Issuance of Writ of Attachment. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the proceeds from the sale of that asset still exc ... More $0 (06-14-2013 - CA)
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D. M. v. Texas Department of Family and Protective Services
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D.M. appeals the trial courtâs order terminating her parental rights to her daughter, B.A.A., contending the trial court erred by: (1) failing to grant her motion to dismiss the case based on the failure to commence a trial on the merits within the time limits specified in section 263.401 of the Texas Family Code, and (2) admitting evidence of matters that occurred prior to an April 12, 2011 hea ... More $0 (06-14-2013 - TX)
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Oncor Electric Delivery Company LLC v. Public Utility Commission of Texas
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Oncor Electric Delivery Company LLC sued for judicial review of a final order issued by the Public Utility Commission denying the recovery of certain rate-case expenses under the Public Utility Regulatory Act (PURA).1 See Tex. Util. Code §§ 11.001-66.016. The district court affirmed the Commissionâs final order. In its order, the Commission found that Oncor was entitled to recover its reasonab ... More $0 (06-14-2013 - TX)
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State of Oklahoma v. Huey Lee Mitchell
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The State of Oklahoma charged Huey Lee Mitchell with unlawful possession of controlled drugs in violation of 63 O.S. 2-402 which provides:
A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course ... More $0 (06-14-2013 - OK)
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State of Oklahoma v. Phillip Steven Borden a/k/a Phillip Stephen Borden
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The State of Oklahoma charged Phillip Steven Borden a/k/a Phillip Stephen Borden with:
Count # 1.
Count as Filed: RAPE, RAPE BY INSTRUMENTATION , in violation of 21 O.S. 1111.1
Date Of Offense: 11/20/2000
Party Name: Disposition Information:
BORDEN, PHILLIP STEVEN
Pending.
Count # 2.
Count as Filed: LEWD, LEWD MOLESTATION , in violation ... More $90,000 (06-14-2013 - OK)
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Iowa Right To Life Committee v. Megan Tooker
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Iowa Right To Life Committee, Inc., challenges the constitutionality of several Iowa campaign-finance laws, an administrative rule, and two forms. The district court found IRTL lacked standing to challenge several provisions, but found others constitutional. IRTL appeals, raising facial and as-applied challenges under the First and Fourteenth Amendments. Having jurisdiction under 28 U.S.C. § 1291 ... More $0 (06-14-2013 - IA)
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Doug C. v. State of Hawaii Department of Education
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Plaintiff Doug C., individually and on behalf of his son, Spencer C., appeals the district courtâs judgment finding that the defendant, the Hawaii Department of Education, did not deny Spencer a free appropriate public education (âFAPEâ), and thus did not violate the Individuals with Disabilities Education Act (âIDEAâ), by holding an annual individualized education program (âIEPâ) me ... More $0 (06-14-2013 - HI)
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Tyla M. Newbold v. Carolyn W. Colvin
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Tyla M. Newbold appeals from a magistrate judgeâs order affirming the Commissionerâs decision to grant social security benefits from October 1, 2006, through November 1, 2007, and to deny benefits thereafter. The Commissioner determined Ms. Newbold had been disabled during this closed period1 due to physical and mental impairments, but that her disability ceased on November 2, 2007, when she e ... More $0 (06-14-2013 - UT)
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State of Minnesota v. Joseph H. Campbell
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The State of Minnesota charged Joseph H. Campbell, age 20, with first-degree murder, second-degree murder and a crime committed for the benefit of a gang in conjunction with the shooting death of Naressa Turner in St. Paul.
The charges were:
Charges: CAMPBELL, JOSEPH HAYWOOD Statute Level Date
1. Crime committed for Benefit of a Gang-Crime (Not applicable - GOC) 60 ... More $0 (06-14-2013 - MN)
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United States of America v. Steven Northington
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United States of America charge Steven Northington, age 41, with participation in a drug ring that result in numerous murders. The charges included:
Count: 1 Citation: 18:1962-7480.F Offense Level: 4
18 U.S.C. SEC. 1962(d) - CONSPIRACY TO PARTICIPATE IN A RACKETEERING ENTERPRISE
Count: 5 Citation: 18:1959-7471.F Offense Level: 4
18 U.S.C. SEC. 1959( ... More $0 (06-14-2013 - PA)
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United States of America v. Kaboni Savage
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The United States of America charged Kaboni Savage, age 38, with:
Count: 1 Citation: 18:1962-7480.F Offense Level: 4
18 U.S.C. SEC. 1962(d) - CONSPIRACY TO PARTICIPATE IN A RACKETEERING ENTERPRISE
Count: 10-15 Citation: 18:1959-7471.F Offense Level: 4
18 U.S.C. SEC. 1959(a)(1) - MURDER IN AID OF RACKETEERING ACTIVITY; 18 U.S.C. SEC. 2 - AIDING AND AB ... More $0 (06-14-2013 - PA)
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State of California v. Charles Ray Smith
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The State of California charged Charles Ray Smith, age 44, first-degree capital murder in conjunction with the shooting deaths of four people, including a 10-year-old boy riding his bicycle, in 2006 known as the 49th Street Massacre. ... More $0 (06-14-2013 - CA)
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State of North Carolina v. Chauncey Sterling
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State of North Carolina charged Chauncey Sterling, 20, with first-degree murder and robbery in the 2011 shooting of hospital executive Robert Barber on a South Charlotte street. The State contended that Sterling was planning to rob Barber and that the killing was not intended. Barber was walking home from a coffee shop when he was killed.
Section 14-17 of Subchapter II, Article 6 of the ... More $0 (06-14-2013 - NC)
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State of Alabama v. Curtis Jeffrey Thornton
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State of Alabama v. Curtis Jeffrey Thornton, age 28, a former Birmingham police officer, with four counts of second degree arson and one count each of second-degree arson and first degree criminal mischief in conjunction with four fires in Warrior, Alabama and two in Western Birmingham, Alabama in April and May of 2012.
The motivation for setting the fires is not available. ... More $0 (06-14-2013 - AL)
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State of Washington v. Dennis Wolter
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State of Washington charged Dennis Wolter, age 46, with first-degree murder in conjunction with the death of his estranged girlfriend, Kori Fredericksen, in May of 2011. Fredericksen was stabbed more than 70 times. Her body was found in a ravine about a mile from where Wolter was stopped for speeding and was observed to be covered with blood.
Defendant claimed that the murder was not prem ... More $0 (06-14-2013 - wa)
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Joan Ruble v. Rinker Materials Corporation
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We have for review Ruble v. Rinker Material Corp., 59 So. 3d 137 (Fla. 3d DCA 2011), which relied upon Capone v. Philip Morris U.S.A. Inc., 56 So. 3d 34 (Fla. 3d DCA 2010) (Capone I). This Court granted review of Capone I based on express and direct conflict with Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31 (Fla. 2d DCA 2003). See Capone v. Philip Morris USA, Inc., 75 So. 3d 1243 (Fla. ... More $0 (06-13-2013 - FL)
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Karen Capone v. Philip Morris USA, Inc.
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Petitioner Karen Capone seeks review of the decision of the Third District Court of Appeal in Capone v. Philip Morris U.S.A. Inc., 56 So. 3d 34 (Fla. 3d DCA 2010), based upon express and direct conflict with the decision of the Second District Court of Appeal in Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31 (Fla. 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. More $0 (06-13-2013 - FL)
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