Advanced Micro Devices, Inc. sued Intel Corp. on unfair competition and antitrust violation theories claiming that Defendant wrongfully offered rebates and discounts to monopolize the computer chip business worldwide. Plaintiff claimed that Intel obtained control of about 80% of the microprocessor market by using illegal tactics to maintain a monop More...  (11-12-2009 - )

Fair Isaac sued Equifax and others on trademark infringement, unfair competition and a deceptive trade practice theories claiming that Defendants' credit scoring system that competes with Plaintiff's widely used "FICO" scoring system.

Experian and TransUion called their credit scoring system "VantageScore" and used ratings from 501 to 990 while plaintiff used 300 to 850. ...More...   $0 (11-20-2009 - MN)

Alexander Alhovsky sued Officer Thomas Ryan and others on a civil rights violation theory under 42 U.S.C. 1983 claiming that he sustained physical and emotional injuries for being arrested without probable cause for leaving a a divice for inflating balloons in a Starbucks in 2006. Alhovsky, who is a professional clown, left the device in the Starbucks. Store employees called the New York Police ...More...   $0 (11-20-2009 - NY)

Cindy Naugle sued Philip Morris on a products liability theory claiming that the cigarettes manufactured and sold by it were defective and unreasonably dangerous. As a direct result of smoking, Plaintiff developed severe emphysema from being addicted to nicotine and from smoking for 25 years. Naugle, age 61, gave up smoking in 1993. She cannot walk but a few steps.

Philip Morris denied ...More...   $300,000,000 (11-20-2009 - FL)

Plaintiffs-Appellants Berry & Murphy, P.C. and Timothy H. Berry, P.C. (“plaintiffsâ€�) appeal the district court’s grant of summary judgment to Defendant- Appellee Carolina Casualty Insurance Company (“Carolina Casualtyâ€�) on plaintiffs’ claim for insurance coverage for a malpractice lawsuit. Plaintiffs filed their action in state court and Carolina Casualty removed the case to federal co ...More...   $0 (11-20-2009 - CO)

In this ongoing action under 42 U.S.C. § 1983, a previous panel of this court determined that various material factual disputes remained regarding the constitutionality of the near two-hour early morning detention of Melissa Harman and Justin Overton (or the “Plaintiffsâ€�), and the corresponding after-midnight searches of their garage apartment conducted by officers who worked for the Utah Dep ...More...   $0 (11-20-2009 - UT)

LaQuita Reherman sued St. John Health Systems, Inc. on a civil rights violation theory under the Americans With Disabilities Act (ADA) claiming that Defendant failed to accommodate her job as a scrub technician. Plaintiff who is hearing impaired could not function in operating rooms where doctors insisted on playing loud music while performing surgery. Plaintiff was removed from her operating ro ...More...   $100,000 (11-19-2009 - OK)

In this products liability lawsuit, plaintiffs Richard Merrill and Tamara Merrill sued defendants Leslie Controls, Inc. (Leslie Controls) and Elliott Company for Richard Merrill’s injuries caused by exposure to asbestos-containing products. Leslie Controls appeals from a judgment for plaintiffs. We conclude that plaintiffs have not shown that Leslie Controls manufactured, supplied, or distribute ...More...   $0 (11-19-2009 - CA)

Plaintiffs sued the United States Corp of Engineers on a governmental tort claim theory claiming that the Corp negligently failed to maintain the Mississippi River-Gulf Outlet and, as a direct, result winds, rain and flooding associated with Hurricane Katrina breached the navigation channel's levies flooding the Lover Ninth Ward of New Orleans. The stormed killed 1,600 people in Louisiana and Mis ...More...   $720,000 (11-19-2009 - LA)

The False Claims Act (“FCAâ€�) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.â€� Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov ...More...   $0 (11-19-2009 - WA)

Dr. Marvin Wayne Couch appeals from summary judgment entered in favor
of defendants, Memorial Hospital of Carbon County (“MHCC�), a small rural
hospital where he has staff privileges, the hospital’s chief administrator, and six
of the ten other physicians who have privileges at MHCC. Dr. Couch brought this
action, pursuant to 42 U.S.C. § 1983, to remedy an alleged deprivatio ...More...   $0 (11-17-2009 - WY)

Saint Louis University (“SLUâ€�) and Paulo Bicalho, M.D., appeal the judgment in favor of Phillip Sgroi and his wife, Alice Geary, in a medical negligence action. A jury found Dr. Bicalho negligent for failing to timely diagnose and treat Mr. Sgroi’s fractured hip and found SLU, Dr. Bicalho’s employer, vicariously liable for his negligence. SLU and Dr. Bicalho present three issues on appeal: ...More...   $0 (11-17-2009 - MO)

The Watsons brought actions for ejectment, trespass, quiet title and the establishment of an easement by prescription against the Menses regarding parcels of farmland. The trial court found in favor of the Watsons. The trial court’s judgement as to ejectment damages is reversed. The trial court is required to enter a more definite legal description of the new borderline between the party’s par ...More...   $0 (11-17-2009 - MO)

Steve and Anita Ritchie sued Allied Property and Casualty Insurance Company seeking $300,000 in underinsured motorist coverage under their Allied policy for the wrongful death of their daughter, Kelsey Ritchie. The trial court held that the Ritchies were entitled to recover this amount, finding the anti-stacking and set-off provisions of the policy unenforceable.

This Court affirms, but on ...More...   $0 (11-17-2009 - MO)

Following a jury verdict, Frederick and Barbara Beaty appeal a judgment denying their medical negligence claims against the defendants, St. Luke’s Hospital of Kansas City, Dr. Desmond Young, Cardiovascular Consultants, P.A., and Dr. Martin Zink III. The Beatys contend the circuit court abused its discretion in: (1) allowing a treating physician to testify as a defense expert after the physician ...More...   $0 (11-17-2009 - MO)

Barbara Brown (Brown) hurt her knee while working as a truck driver for J.B. Hunt Transport Services, Inc. (Hunt). Prudential Insurance Company of America (Prudential), which insured Hunt’s employee welfare benefits plan (Plan), discontinued Brown’s long-term disability (LTD) benefits and ignored her requests for information about its decision. Brown sued Hunt and Prudential under ERISA1 for r ...More...   $0 (11-17-2009 - AR)

This case arises from the fatal shooting of DeAunta Farrow and seizure of Unseld Nance by two police officers in West Memphis, Arkansas. The families of Farrow and Nance brought this action under 42 U.S.C. § 1983 and state law against the two officers, as well as the chief of police, the mayor, and the city, alleging in particular excessive force and unreasonable seizure in violation of the Fourt ...More...   $0 (11-16-2009 - )

Since the entry of a 1993 consent decree, the district court1 has overseen the enforcement of a settlement in an antitrust class action brought by the above-named class members against the National Football League and its member clubs (NFL or League). Throughout that time, the district court has resolved numerous disputes over the terms of the Stipulation and Settlement Agreement (settlement agree ...More...   $0 (11-16-2009 - )

In this lawsuit alleging violations of 42 U.S.C. § 1983, Appellant Steve Rievley, a Dayton City police officer, appeals the denial of his motion for summary judgment on claims made by Appellee Roy Denton. Rievley claims that he should have been granted summary judgment on Denton’s “warrantless arrest� claim because he is entitled to qualified immunity. We

AFFIRM.

I. BACKGROUND ...More...   $0 (11-16-2009 - TN)

¶1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.

Mr. Smith a ...More...   $0 (11-16-2009 - OK)

ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT

In this copyright-infringement action, plaintiff Apple, Inc. and defendant Psystar Corporation have filed cross motions for summary judgment. For the following reasons, Apple’s motion is GRANTED and Psystar’s motion is DENIED.

STATEMENT

Plaintiff Apple Inc. launched its Macintosh computer in 1984 and its Mac OS X operating system ...More...   $1 (11-15-2009 - CA)

Clinton and Michele Aichs sued Don B. Swisher Trucking Corp., McCann Delivery Service and Kenneth Barbour on an auto negligence theory for the wrongful death of their daughter, Sydney, age 16, who was killed in a collision between her 1999 Chevrolet Cavalier and a tractor-trailer rig driven by Barbour on U.S. 29 in 2008. Plaintiffs claimed that Barbour was driving at an excessive speed at the time ...More...   $5,250,000 (11-14-2009 - VA)

Michelle Maher sued the City of Frenso on a civil rights violation theory claiming that she was forced out of the City's Department training academy. She claimed that she was asked to resign after she scored below 80 percent on an examine when male counterparts were given the opportunity to improve.

Fire officials denied wrongdoing and that they wanted Maher to succeed but she did not me ...More...   $2,500,000 (11-14-2009 - ca)

Flint Hills Resources, L.L.C. counterclaimed against BP, P.L.C. on a breach of contract and fraud theories claiming that Defendant failed to disclose deficiencies at the facility that it paid $225 million for in May 2004.

BP denied that it committed fraud or any other wrongdoing in conjunction with the sale of the plant. It claimed that it performed due diligence in its inspections of t ...More...   $41,700,000 (11-14-2009 - )

In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.1 (“SFXâ€�), appeals the district court’s denial of its post-trial motion for judgment as a matter of law (“JMOLâ€�). SFX argues that a reasonable jury could not have found SFX liable for wanton conduct based on its staging of an August 2003 motorcycle race in which Arthur Wagner, Jr. (“Wagnerâ€�), crashed and was se ...More...   $0 (11-13-2009 - KS)

In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word “afterâ€� because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’ ...More...   $0 (11-13-2009 - IL)

Academic Imaging, LLC, and Newark Health Imaging, LLC (“NHIâ€�), filed suit against Soterion Corp., Soteria Imaging Services, Inc., and other parties, in connection with Academic’s purchase of Soterion’s interest in NHI, which Academic and Soterion owned jointly. Academic and NHI brought a number of causes of action in tort and contract, including conversion, violation of Ohio Rev. Code § 1 ...More...   $0 (11-13-2009 - OH)

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju ...More...   $0 (11-13-2009 - MD)

TexVa, Inc. (“TexVaâ€�) and R. Bradley Bierman (“Biermanâ€�) appeal the trial court's order granting the special appearances of Cindy Hayes (“Hayesâ€�) and James Boone (“Booneâ€�), both residents of California. Appellants contend that the trial court erred in sustaining the special appearances of Boone and Hayes. For the reasons set forth below, we conclude that Hayes' and Boone's contact ...More...   $0 (11-13-2009 - TX)

This appeal by pro se plaintiff, Thomas V. Miller d/b/a: Miller House Movers (“Millerâ€�), alleges “embezzlement,â€� “fraudulent actsâ€� and failure of the City of Van Alstyne (the “Cityâ€�) to investigate the “fraud with this Texas Star Bank.â€� The trial court dismissed the City by order entered July 28, 2008. The City filed a special appearance and moved to dismiss this appeal. We af ...More...   $0 (11-13-2009 - TX)

In this forcible detainer case, Stacey Ledbetter appeals the trial court's judgment in favor of Fannie Mae, also known as the Federal National Mortgage Association. In one issue, Ledbetter asserts the trial court erred by granting possession of the premises to Fannie Mae because Fannie Mae's petition did not comply with Texas Rule of Civil Procedure 741. Specifically, Ledbetter argues Fannie Mae's ...More...   $0 (11-13-2009 - TX)

Is it reversible error to permit a jury to decide a case based on an instruction that is neither supported by the evidence, intended by the trial court, nor properly defined? Because we conclude that it is, we reverse and remand.

FACTUAL SUMMARY

Doris Penrod appeals from a take nothing judgment entered in favor of David R. Schecter, M.D., Individually, and d/b/a Schecter and Blumenf ...More...   $0 (11-13-2009 - TX)

This is an appeal from a summary judgment in a lawsuit by a client against his attorneys. In his response to the motion for summary judgment on his professional negligence claim, appellant failed to raise a material fact issue concerning causation or damages. He is not entitled to any recovery under his other claims. We affirm the trial court's judgment.

Kevin Walker and Angela Walker cont ...More...   $0 (11-13-2009 - TX)

Crosstex North Texas Gathering, L.P. appeals the trial court’s dismissal of Crosstex’s condemnation proceeding after granting Fort Worth & Western Railroad Company’s and Cen-Tex Rural Rail Transportation District’s plea to the jurisdiction. We reverse and remand.

Crosstex sought to place a natural gas pipeline under a railroad right-of-way of tracks owned by Cen-Tex and ...More...   $0 (11-13-2009 - TX)

In this products-liability action, Appellants Debbie Hunter et al. (the Hunters) appeal a take-nothing judgment, raising three issues. We will affirm.

Background

Bob Hunter was killed in a post-collision fire that occurred after the 1999 Ford F-350 diesel pickup truck he was driving collided nearly head-on with a Toyota pickup truck. The Toyota’s driver was killed ...More...   $0 (11-13-2009 - TX)

Nancy McKenna appeals from a take nothing judgment in her suit for gender discrimination against W & W Services, Inc. In her sole issue, McKenna claims that the trial court erred in denying her Batson challenge. We affirm.



Background

McKenna applied for a job as a truck driver with W & W Services. W & W Services did not hire McKenna, and McKenna believed that ...More...   $0 (11-13-2009 - TX)

Advanced Micro Devices, Inc. sued Intel Corp. on unfair competition and antitrust violation theories claiming that Defendant wrongfully offered rebates and discounts to monopolize the computer chip business worldwide. Plaintiff claimed that Intel obtained control of about 80% of the microprocessor market by using illegal tactics to maintain a monopoly in the market.

Intel denied wrongdoin ...More...   $1,250,000,000 (11-12-2009 - )

Appellant Rodolfo Guerrero, M.D. challenges the trial court's denial of his motion to dismiss appellees Rosario and Roberto Ruiz's health care liability claims for failure to serve an adequate expert report, as required by section 74.351. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a)-(b) (Vernon Supp. 2009). By one issue, Dr. Guerrero complains that the trial court abused its discretion in fa ...More...   $0 (11-12-2009 - TX)

In five issues, which can be properly construed as two, appellant, Netrana, L.L.C. ("Netrana"), challenges a summary judgment granted in favor of appellee, TXU Business Services Company ("TXU"). We affirm.

I. Background

On June 2, 2006, Netrana, a consulting firm, contracted with TXU to provide project management services. The agreement provided the following:

ARTICLE 6: TERM ...More...   $0 (11-12-2009 - TX)

A U.S. District Court judge has upheld a Las Vegas jury's January 2009 verdict that validated JCM Global's claim of patent infringement by MEI's CashFlow® SC Series. In his ruling, the judge awarded JCM $845,000 in interest on the $11.4 million jury award, issued a permanent injunction against MEI and denied all four post-trial motions put forward by MEI.

The subject of JCM's infringement ...More...   $11,400,000 (11-12-2009 - NV)

Esmay Parchment sued East Orange Police Officers William Flood and Kim Johnson on civil rights violation theories, 42 U.S.C. 1983, claiming that the officers brutalized her in her own home. She claimed that the officers slapped and kicked her as she lay handcuffed on the floor and that the officers used excessive force and falsely arrested her.

Defendants denied wrongdoing and claimed that ...More...   $300,000 (11-12-2009 - NJ)