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Patricia Fierle v. Jorge Perez, M.D., Ltd., et al.
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Appellants Patricia Fierle and her husband, Daniel Fierle, filed a complaint against Dr. Jorge Perez, members of his staff, and his professional medical corporation. The complaint stemmed from an incident where Patricia suffered severe burns from chemotherapy treatment that Dr. Perez’s staff administered. After initially failing to attach an expert affidavit to the complaint, the Fierles then ... More... $0 (11-19-2009 - NV)
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Beulah Addison v. Lochearn Nursing Home, LLC d/b/a FutureCare Lochearn
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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)
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Netrana, L.L.C. v. TXU Business Services Company
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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)
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Carl and Della Darst v. Blairstown Township Zoning Board
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Plaintiffs Carl and Della Darst, residents of, and owners of real property in, Blairstown Township, appeal the Law Division's validation of four discrete conditions imposed by the Township's Zoning Board of Adjustment ("the Board") when granting plaintiffs site plan approval for their property. For the reasons stated in this opinion, we affirm the trial court with respect to three of the c... More...
$0 (11-09-2009 - NJ)
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Gary Lundgren v. City of Wasilla
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A landowner challenged a municipality’s delay in replatting and providing an accurate legal description of the land it took using its power of eminent domain, alleging that it unnecessarily interfered with his remainder property rights. As a remedy the landowner requested that the superior court dismiss the previously approved taking without prejudice or, alternatively, change the valuation date... More... $0 (11-06-2009 - AK)
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Perlan Therapeutics, Inc. v. Nexbio, Inc., et al.
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Code of Civil Procedure section 2019.2101 requires a plaintiff suing for misappropriation of its trade secrets to identify with “reasonable particularity” the purported trade secrets which allegedly have been misappropriated “before commencing discovery relating to the trade secret[s.]” The court below concluded plaintiff Perlan Therapeutics, Inc.‟s effort to meet this obligation fell sh... More... $0 (11-04-2009 - CA)
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Gebhardt & Smith, L.L.P. v. Maryland Port Administration
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This appeal arises from a dispute between Gebhardt & Smith LLP (“Gebhardt & Smith”), appellant, and the Maryland Port Administration (“MPA”), appellee, over a lease (“Lease”) for office space in the Baltimore World Trade Center (“WTC”). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the building’s operati... More... $0 (10-29-2009 - MD)
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Farmers Automobile Insurance Association v. Michael C. Danner and Tracy Watson and David D. Winkler
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Plaintiff, Farmers Automobile Insurance Association (Farmers), appeals the trial court's order finding Farmers had a duty to defend defendants, Michael C. Danner and Tracy Watson, in a lawsuit filed by defendant David D. Winkler. We reverse and remand.
I. BACKGROUND
A. The Declaratory-Judgment Action
In December 2007, Farmers filed a complaint for declaratory judgment. The com... More... $0 (10-16-2009 - IL)
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Kathleen M. Sharp v. Worthington City School Board of Education
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Kathleen Sharp appeals the district court’s dismissal of one federal claim (Title VII) and three related state-law claims against the Worthington City School District Board of Education. We affirm.
I.
Sharp taught in the Worthington school district from 1992 until the school board fired her in 2008. At some point near the end of her tenure, she filed discrimination charges against ... More... $0 (10-16-2009 - OH)
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Nanodetex Corporation v. Defiant Technologies
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Defiant claims that Nanodetex maliciously abused legal process by filing a meritless lawsuit against it that was really aimed at “tying up” Defiant in litigation so that it could not pursue its business plan and would be forced to merge its business into Nanodetex’s. At trial, the jury agreed and awarded Defiant $2,000,001 in damages. Nanodetex now appeals this result. In this diversity disp... More... $0 (10-15-2009 - NM)
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Melinda Coombs v. Adrian Curnow, M.D., and Russell Griffiths, M.D.
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This is an appeal from the district court‘s entry of judgment notwithstanding the verdict (j.n.o.v.) in favor of respondents in a medical malpractice case after the district court found that the appellants‘ expert testimony regarding causation was scientifically unreliable. Because we find that the district judge impermissibly weighed the evidence in considering respondents‘ motion and that ... More... $0 (10-13-2009 - ID)
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Bruce Gelman v. State Farm Mutual Automobile Insurance Company
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Bruce Gelman appeals the district court’s Rule 12(b)(6) dismissal of the claims he filed under the Fair Credit Reporting Act that arose from an allegedly improper disclosure of his credit report and a subsequent mailer from an insurance company that arose from that disclosure. For the reasons that follow, we will affirm the district court.
I. FACTUAL BACKGROUND1
On or about Novembe... More... $0 (10-10-2009 - pa)
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Steven Klein v. City of San Clemente
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The City of San Clemente flatly prohibits the leafleting of unoccupied vehicles parked on city streets. We conclude that petitioners are likely to succeed in demonstrating that the City’s justification for its prohibition is insufficient and that they have otherwise met the requirements for obtaining a preliminary injunction enjoining enforcement of the prohibition.
We therefore reverse t... More... $0 (10-04-2009 - CA)
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Cornel Henry Williams v. New Beginnings Residential Care Home
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¶1 This appeal was filed by Cornel Henry Williams, Special Administrator of the Estate of Blaine Danielle Williams (Williams), from the trial court's order, filed August 19, 2008, granting his Motion to Reconsider, in which the trial court declined to disturb its order, filed July 8, 2008, granting summary judgment to Appellees New Beginnings Residential Care Home (New Beginnings) and Blue Sky Be... More... $0 (10-01-2009 - OK)
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Carts & Parts, Inc. v. Antonio L. Rosales
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¶1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re... More... $0 (10-01-2009 - OK)
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Mactec, Inc. v. Bechtel Jacobs Company, LLC
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Defendant-Appellant Bechtel Jacobs Company, LLC (“BJC”) appeals from the district court’s judgment following an eight-day bench trial. The district court awarded Plaintiff-Appellee MACTEC, Inc. (“MACTEC”) $9,844,319.82, plus attorney fees and interest, on several of its claims and denied all of BJC’s counterclaims. BJC asserts that the district court erred by: (1) finding unreliable th... More... $0 (09-25-2009 - TN)
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Supplemental Medical Services v. Medi Plex Health Care
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Medi Plex Health Care (Medi Plex) appeals from the trial court's judgment, following a bench trial, finding in favor of Supplemental Medical Services, Inc., d/b/a StaffLink (StaffLink) on StaffLink's petition for breach of contract and suit on account against Medi Plex. StaffLink cross-appeals from the same judgment. StaffLink's petition alleged that Medi Plex failed to pay StaffLink the charges a... More... $0 (09-22-2009 - MO)
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Mohamid A. Hamid v. Kansas City Club
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Mohamid Hamid appeals the trial court‟s judgment granting Kansas City Club‟s motion to dismiss his petition for failure to state a claim. On appeal, Mr. Hamid contends that his petition stated a claim for wrongful discharge under the public policy exception to the employment at will doctrine. The judgment of the trial court is reversed.
Factual and Procedural Background
Moham... More... $0 (09-22-2009 - MO)
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Edwards Lifesciences Llc. v. Cook, Inc.
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Edwards Lifesciences LLC and Endogad Research PTY Limited (collectively, “Edwards”) appeal from the judgment of the United States District Court for the Northern District of California granting summary judgment of noninfringement of several claims of U.S. Patents 6,582,458 (“the ’458 patent”); 6,613,073 (“the ’073 patent”); 6,685,736 (“the ’736 patent”); and 6,689,158 (“the... More... $0 (09-22-2009 - )
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Barbara J. O'Neil, et al. v. Crane Co., et al.
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Patrick O'Neil died of mesothelioma. His widow, appellant Barbara O'Neil (individually and as successor in interest to Patrick O'Neil), and his children, appellants Michael O'Neil and Regan Schneider, sued respondents Crane Co. and Warren Pumps LLC for negligence, negligent failure to warn, strict liability for failure to warn, and strict liability for design defect on the consumer expectation the... More... $0 (09-18-2009 - CA)
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Kimme Putnam v. Wenatchee Valley Medical Center, P.S.
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Appellant Kimme Putman sued respondents for negligently failing
to diagnose her ovarian cancer. The trial judge dismissed her lawsuit because she
failed to file a certificate of merit from a medical expert, as required for medical
malpractice lawsuits under RCW 7.70.150. Putman challenges the constitutionality of
the certificate of merit requirement on a number o... More... $0 (09-17-2009 - WA)
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Amgen, Inc. v. F. Hoffman-La Roche, Ltd.
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This is a patent case. Amgen Inc. (“Amgen”) is the owner of U.S. Patent Nos. 5,441,868 (“the ’868 patent”), 5,547,933 (“the ’933 patent”), 5,618,698 (“the ’698 patent”), 5,756,349 (“the ’349 patent”), and 5,955,422 (“the ’422 patent”). The patents relate to the production of the protein erythropoietin (“EPO”) using recombinant deoxyribonucleic acid (“DNA”)... More... $0 (09-15-2009 - )
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FTC v. Richard Neiswonger
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Richard Neiswonger (Neiswonger) appeals the district court’s1 entry of a civil contempt order against Neiswonger for Neiswonger’s violations of a prior permanent injunction, enjoining him from using deceptive and misleading sales practices. Neiswonger claims the district court erred in denying Neiswonger’s motion for a separate hearing on the issues of damages and disgorgement of profits and... More... $0 (09-09-2009 - MO)
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Stamp Tech, Inc. v. Lydall/Thermal Acoustical, Inc.
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¶ 1. JOHNSON, J. Plaintiff Peter Blair, an injured worker, appeals from two decisions of the Caledonia Superior Court in favor of his empoyer Lydall/Thermal Acoustical, Inc. Plaintiff's arm was crushed by an industrial press while he was working as a temporary employee at Lydall's St. Johnsbury plant. His suit against Lydall was based on two theories. First, plaintiff sought to co... More... $0 (09-04-2009 - VT)
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Sara Socci, et al. v. Jeffrey S. Pasiak
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The plaintiff Sara Socci1 appeals from the trial court’s denial of her application for a prejudgment attachment of certain property of the defendant, Jeffrey S. Pasiak.2 On appeal, the plaintiff claims that the court improperly found that payment of any judgment rendered against the defendant was secured adequately by insurance. We reverse the judgment and remand this matter to the trial court w... More... $0 (09-01-2009 - CT)
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