| Other Recent Verdicts and Judgments |
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Profits Concepts Management, Inc. v. Greg Griffith
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A California-based company sued its former employee, an Oklahoma
resident, for breach of contract; the lawsuit was filed in the Orange County Superior
Court. The employment contract at issue provided that in any litigation involving the
contract, the prevailing party would be entitled to recover attorney fees and costs.
The former employee file... More... $0 (5/11/2008 - CA )
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Hal Owens v. M.E. Schepp Limited Partnership
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¶1 This case involves a dispute about the partition of
land held by family members as tenants in common. The issue for
decision is whether an alleged oral partition agreement was
removed from the statute of frauds by part performance.
I.
¶2 Hal Owens and the M.E. Schepp Limited Partnership
(“the Partnership”) own land at Missour... More... $0 (5/11/2008 - AZ )
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Roger and Doreene Watson v. Apache County
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¶1 Roger and Doreene Watson appeal the trial court’s summary judgment in favor of Apache County on their claim for negligent misrepresentation. The Watsons challenge the court’s rulings that the County is entitled to qualified immunity and that they failed to present or identify facts or an expert witness to establish gross negligence. For the foll... More... $0 (5/11/2008 - AZ )
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Bob Allyn Masonry and S&C Claims Services, Inc. v. David Murphy
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On his day off, respondent David Murphy, at his employer’s request, delivered equipment from his employer’s construction yard to his employer’s job site. After departing from the job site, he was injured in an automobile accident. In this opinion, we consider whether the injuries of an employee who, like Murphy, is involved in a vehic... More... $0 (5/11/2008 - NV )
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Law Vegas Fetish & Fantasy Halloween Ball, Inc. v. Ahern Rentals, Inc.
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This appeal presents us with the opportunity to clarify the circumstances under which the unclean hands doctrine will bar a party from obtaining an equitable remedy. We now conclude that the unclean hands doctrine should only apply when the egregiousness of the party’s misconduct constituting the party’s unclean hands and the seriousness of the ha... More... $0 (5/11/2008 - NV )
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Pacific Coast Recovery Service, Inc. v. Janice Jean Johnston
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Plaintiff, a licensed collection agency, appeals from a judgment of dismissal, assigning error to the trial court's determination that plaintiff lacked standing to maintain this action for breach of contract. Specifically, the trial court determined that, because plaintiff's assignor had not properly registered its assumed business name under ORS 6... More... $0 (5/11/2008 - OR )
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Jan Wroncy v. Raymond Daniel Klemp
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Plaintiff appeals a judgment for defendant on her claims for assault, battery, and intentional infliction of emotional distress. Plaintiff assigns error to a ruling on an evidentiary objection and to a jury instruction. Because plaintiff's assignment of error on the evidentiary objection is dispositive, we do not reach the other assignment. We reve... More... $0 (5/11/2008 - OR )
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Robert Still v. Orkin
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Robert Still sued Orkin on whistleblower and retaliation theories claiming a violation of the New Jersey Conscientious Employee Protection Act for firing him after he complained of illegal activities on the part of Orkin where he worked. Robert Still, 50, told a regional manager in 2003 that his Pennsauken branch was illegally applying insecticides... More... $5,112,184 (5/10/2008 - NJ )
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Bob and Sue Burrell v. Santa Ana Pueblo, et al.
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Bob and Sue Burrell, who farmed for 17 years on 172 acres of leased tribal land, claimed that their rights were violated by Jerry Kinsman, Lawrence Montoya, Leonard Armijo and the Santa Ana Pueblo when they were prohibited from baling hay at night in 1997 after a noise complaint. They claimed that the actions taken against them were based on illega... More... $1,300,000 (5/10/2008 - NM )
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Tires 'N Tracks Inc. v. City of Lisle
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Tires 'N Tracks Inc. sued the City of Lisle on a breach of contract theory claiming that the City wrongfully failed to construct a relief sanitary sewer. Plaintiff claimed that Defendant directed it to continue work despite increased costs and then declined to pay for the additional work and withheld the last interim payment and retainer owed to th... More... $914,000 (5/10/2008 - IL )
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Louise Jones, et al. v. Ryan Van Deusen, et al.
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Louise Jones and Fred Jones sued Kansas City Police Officers Cory Le Moine and Ryan Van Deusen on civil rights and negligence theories claiming that the police officers used excessive force during their effort to arrest Mrs. Jones in 2004. Mrs. Jones, age 70, suffered a knee injury and Mr. Jones suffered less serious injuries at the hands of the o... More... $345,000 (5/10/2008 - MO )
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Timmy Leo Haldeman v. All Roads Paving, Inc.
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Timmy Leo Haldeman and Tracy Hopkins sued All Roads Paving, Inc. on an auto negligence theory claiming that All Roads' employee failed to exercise due care in the operation of a company vehicle and, as a direct result, Plaintiffs were harmed.... More... $80,715 (5/10/2008 - OK )
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Williston Basin Interstate Pipeline Company v. An Exclusive Gas Storage Leasehold and Easement in the Cloverly Subterranean Geological Formation, etc.
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Williston Basin Interstate Pipeline Company (Williston)
claims that it has lost and is continuing to lose natural gas
stored in its Elk Basin Storage Reservoir due to the operation
of gas production wells owned by Howell Petroleum Corporation
and Anadarko Petroleum Corporation (Howell/
Anadarko). Two of those wells are located within the later... More... $0 (5/10/2008 - MT )
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Kenneth L. Reusser v. Wachovia Bank, N.D., et al.
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We must decide whether alleged fraud in a state court home
foreclosure proceeding during the homeowners’ bankruptcy
can be re-visited in federal court.
I
A
In December 2001, Kenneth and Gertrude Reusser received
an $860,000 loan from Long Beach Mortgage Company, placing
as collateral a home that had been in Kenneth’s family fo... More... $0 (5/10/2008 - OR )
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Porfirio Serrano, et al. v. Stefan Merli Plastering Company, Inc.
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Porfirio Serrano and Lourdes Serrano appeal orders requiring them to pay the
fees charged by Coast Court Reporters (Coast) for copies of deposition transcripts in a
pending action and denying their request to relieve them of fees charged for expedited
service. Coast had agreed to provide the copies to the Serranos on the condition that the
Serr... More... $0 (5/10/2008 - CA )
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Maria Torres, et al. v. City of Madera, et al.
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In this interlocutory appeal, we face an issue remarkably
similar on its facts to that faced by the Fourth Circuit in Henry
v. Purnell, 501 F.3d 374 (4th Cir. 2007). There, a deputy sheriff,
intending to deploy a Taser device holstered near his firearm,
instead drew and fired his service weapon, wounding a
suspect fleeing arrest. Here, Madera ... More... $0 (5/10/2008 - CA )
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Gary K. Wolfe, et al. v. Walt Disney Pictures and Television, et al.
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Gary K. Wolf, author of the novel Who Censored Roger Rabbit?, and his company
Cry Wolf!, Inc. (collectively Cry Wolf) appeal from the judgment entered after a jury
awarded only limited damages in their breach of contract action alleging Walt Disney
Pictures and Television (Disney) had failed to fully compensate Cry Wolf for its
exploitation of ... More... $0 (5/10/2008 - CA )
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Philip and Phyllis Sutula and Dr. John Stien v. The Landings Lakeside, LLC and Kevin Owens
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Plaintiffs claimed that Defendants breach their contracts with them by not completing the condominiums purchased by them when promised, that defendants made false representations regarding construction, that they failed to notify the plaintiffs that a stop work order was issued by the city of Duluth, and that they had no plan to complete the work i... More... $800,000 (5/9/2008 - MN )
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Sheryl Rogers v. United States Postal Service, et al.
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Sheryl Rogers sued the United States Postal Service on a civil rights theory, 42 U.S.C. 2000e, claiming that she was discriminated against because she is African-American (Black). Rogers claimed that she was harassed beginning in 1999, when she was assigned to a new area of the post office. Rogers testified that she endured chants of racial epithet... More... $382,500 (5/9/2008 - IA )
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Payless Shoesource Inc v. Adidas-Salomon AG et al
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Payless Shoesource, Inc. sued Adidas America, Inc. and Adidas-Salomon AG on a trademark theory claiming that Adidas' stripes on clothes are not distinctive enough to be trade marked.
Defendants counterclaimed asserting that Payless was infringing their trademark for running shoes.... More... $300,000 (5/9/2008 - KS )
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Adidas AG v. Sears Holdings Corp d/b/a Kmart
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Adidas AG sued Sears Holdings Corp. d/b/a Kmart on a trademark infringement theory claiming that defendant copied plaintiff's three-stripe design motif by selling athletic shoes with sets of two and four stripes. ... More... $1 (5/9/2008 - OR )
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Florine McDonald v. Randel Wayne Brown, M.D., et al.
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This is a medical-malpractice and wrongful-death case. Appellants Florine McDonald
and Babbye Davis, as co-personal representatives of the Estate of Miriam Davis, deceased,
appeal from an order of the Jefferson County Circuit Court granting the motions of appellees
Randel Brown, M.D. (Brown), and Jefferson Hospital Association, Inc., d/b/a Jeffe... More... $0 (5/9/2008 - AR )
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North Star Mutual Insurance Company v. Brad Peterson, et al.
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[¶1.] This case involves a question of automobile insurance coverage for injuries sustained when a gun discharged while deer hunters were waiting to be transported to the fields. The circuit court found that the automobile liability policy covered the gunshot injuries.
[¶2.] Milbank Insurance Co. (Milbank) issued the automobile liability po... More... $0 (5/9/2008 - SD )
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Cemen Tech, Inc. v. Three D Industries, LLC, et al.
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When the defendants in this case began to manufacture a cement
mixer similar to one manufactured by Cemen Tech (CTI), CTI sued them,
alleging breach of contract, misappropriation of trade secrets, unfair
competition, and breach of fiduciary duty. The district court granted the
defendants’ motion for summary judgment on virtually all of the
pla... More... $0 (5/9/2008 - IA )
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Mary E. Green v. Alpharma, Inc., et al.
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This appeal arises from an order of the Washington County Circuit Court granting
summary judgment in favor of Appellees George’s Farms, Inc.; George’s Processing, Inc.
(collectively “George”); Simmons Foods, Inc.; Simmons Poultry Farms, Inc. (collectively
“Simmons”); Peterson Farms, Inc. (“Peterson”); and Tyson Foods, Inc. (“Tyson”). The
circui... More... $0 (5/9/2008 - AR )
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City of Alexander v. Royal Doss
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The City of Alexander, hereinafter “the City,” appeals from an order of the Pulaski
County Circuit Court awarding Royal Doss $6,180 for maintaining a ditch on a city right-ofway
adjacent to Doss’s property. On appeal, the City argues: 1) the trial court erred in
finding that the City was not entitled to immunity under Arkansas Code Annotated sec... More... $0 (5/9/2008 - AR )
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Robert Barber v. Earle Blackford
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The Independence County Circuit Court granted judgment in the amount of
$4,366.12 to appellee Earle Blackford on November 27, 2007, following a bench trial. The
trial court found that appellant Robert Barber had been unjustly enriched at the expense of
appellee as a result of appellant’s repossession of a trailer appellee was purchasing from him... More... $0 (5/9/2008 - AR )
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Ricky D. Compton v. Country Mutual Insurance Company
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The plaintiff, Ricky Compton, filed an action against the
defendant, Country Mutual Insurance Company (Country Mutual), for
declaratory judgment, breach of contract and consumer fraud on
behalf of himself and similarly situated individuals. In his
complaint, the plaintiff maintained that Country Mutual's
practice of placing liens on insurance ... More... $0 (5/8/2008 - IL )
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Christine Moore v. Forrest City School District
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After several unsuccessful attempts to obtain a promotion from teacher to
assistant principal, Christine Moore sued the Forrest City School District ("the School
District") and its superintendent, Lee Vent, in his official capacity, claiming racial
discrimination and retaliation in violation of Title VII, 42 U.S.C. §§ 1981 and 1983.
After a two... More... $0 (5/8/2008 - AR )
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Pamela Steed v. Michael J. Astrue
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Pamela Steed appeals the district court's1 order affirming the Commissioner's
denial of social security disability and supplemental security income benefits. We
affirm.
I. BACKGROUND
At the time of her hearing in June 2005 before the Administrative Law Judge
(ALJ), Steed was a thirty-two-year-old woman with a high school diploma ... More... $0 (5/8/2008 - AR )
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