A jury found that defendant CB&I Constructors, Inc. (defendant) negligently sparked a brush fire that caused significant damage to a ranch (the property) owned by plaintiff Martin Kelly (plaintiff). Because plaintiff had a personal reason to restore the property, the jury awarded plaintiff substantially more in damages to restore the property than the property was worth immediately before the fire... More...   $0 (11-19-2009 - CA)

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)

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)

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)

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)

Kaiser Eagle Mountain, Inc. (“Kaiserâ€�) seeks to build a landfill on a former Kaiser mining site near Joshua Tree National Park (“Joshua Treeâ€�). As part of its landfill development plan, Kaiser sought to exchange certain private lands for several parcels of land surrounding the mine site and owned by the Bureau of Land Managment (“BLMâ€�). Several parties, including the National Parks Con... More...   $0 (11-11-2009 - CA)

Plaintiff George Louie seeks damages against defendant BFS Retail and Commercial Operations, LLC (BFRC) for alleged violation of California‟s Disabled Persons Act (Civ. Code, § 54 et seq.1 (DPA)), because the countertops in BFRC‟s business establishments were allegedly too high to allow wheelchair access. The trial court entered judgment of dismissal upon BFRC‟s demurrer, concluding res jud... More...   $0 (11-09-2009 - CA)

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)

1800Mattress.com IP, LLC (“1800Mattress.comâ€�), substituted as appellant for Dial-A-Mattress Operating Corp. (“Dial-A-Mattressâ€�), appeals from the final decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (the “Boardâ€�) refusing registration of the mark “MATTRESS.COM.â€� In re Dial-A-Mattress Operating Corp., Serial No. 78976682, 2008 TTAB Lexis 4... More...   $0 (11-06-2009 - DC)

This copyright-infringement case is “one of several hundred filed by [Bridgeport Music, Inc., and Southfield Music, Inc.] against entities and/or individuals associated with the ‘rap’ or ‘hip-hop’ music industry,â€� seeking declaratory judgment, injunctive relief, and damages from some 800 defendants for copyright infringement under the federal copyright statute, 17 U.S.C. §§ 101 et se... More...   $0 (11-06-2009 - TN)

HIT Entertainment (“HITâ€�) owns the copyright to the popular “Thomas & Friendsâ€� train characters, and it licensed Learning Curve International (“Learning Curveâ€�) to make toy figures of its characters. Learning Curve in turn hired Daniel Schrock, a professional photographer, to take pictures of the toys for promotional materials. Learning Curve used Schrock’s services on a regular basi... More...   $0 (11-05-2009 - IL)

Badwey Oil, Inc. (Badwey), appeals from the district court’s entry of summary judgment in favor of ConocoPhillips Petroleum Co. (Conoco) on the ground that Badwey’s breach of contract claims were barred by a statute of limitations. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Background

Since 1960, the parties have had a business relationship, initially through the... More...   $0 (11-04-2009 - KS)

John and Sarah Shumaker, appellees,1 filed a class action complaint in the Circuit Court for Howard County against Ford Motor Credit Company (“FMCâ€�), appellant, for alleged violations of the following statutes: 1) Maryland’s Credit Grantor Closed End Provisions (“CLECâ€�), Md. Code (1975, 2005 Repl. Vol.), Commercial Law Article (“CLâ€�) §§ 12-1001 et seq.; 2) Maryland’s Consumer Pro... More...   $0 (11-02-2009 - MD)

This appeal arises from a dispute between a rail carrier and a warehouseman regarding liability for demurrage, i.e., penalties assessed for the undue detention of rail cars. Norfolk Southern Railway Company sued Brampton Enterprises, LLC d/b/a Savannah Re-Load for demurrage accrued over the six month period from March to August 2007. Savannah Re-Load denied liability for the demurrage charges and,... More...   $0 (11-02-2009 - )

Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively “Metropublicâ€� or “defendantâ€�) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer ... More...   $0 (10-31-2009 - IL)

Westchester Fire Insurance Company brought a declaratory relief action against Phil Mendez, its insured policyholder under a commercial general liability insurance policy. Westchester contended that it had no obligation to defend or indemnify Mendez against a certain claim because he failed to give proper notice to the insurance company of the claim.

The injured party, Northwest Airlines,... More...   $0 (10-30-2009 - NV)

This appeal arises from a dispute between Gebhardt & Smith LLP (“Gebhardt & Smithâ€�), appellant, and the Maryland Port Administration (“MPAâ€�), appellee, over a lease (“Leaseâ€�) for office space in the Baltimore World Trade Center (“WTCâ€�). 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)

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.â€� MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax... More...   $0 (10-29-2009 - )

Moore Equipment Company appeals the circuit court's grant of summary judgment in favor of Callen Construction Co., Inc., on Callen's claim for conversion. Moore contends that Callen's claim fails as a matter of law because it seeks the return of money and does not fall within the limited circumstances in which a claim for the return of money lies in conversion.

Moore also alleges that the... More...   $0 (10-28-2009 - MO)

Christopher Spielvogel and his wife, Diana Spielvogel, were riding a motorcycle on Highway 169 at the Broadway Bridge Complex in Kansas City on July 22, 2001, when their motorcycle collided with the center median. Both of them were ejected from the motorcycle.

Diana Spielvogel died from her injuries, and Christopher Spielvogel was seriously injured. Christopher Spielvogel and his children, ... More...   $0 (10-28-2009 - MO)

The plaintiff, a bariatric surgeon who lives and practices in New Jersey, brought this diversity suit in the federal district court in Chicago. He claims to have been defamed by the defendant, another bariatric surgeon, who practices in New York. The district judge dismissed the suit without prejudice, on the ground that venue in Chicago was improper, and the plaintiff appeals. The defendant cross... More...   $0 (10-23-2009 - )

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century�) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s�) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...   $0 (10-23-2009 - )

Jody Reilly sued Massachusetts State Police on a civil rights violation theory claiming that she was discriminated against and retaliated against by her supervisor after she turned down his advances. Plaintiff, age 39, was the agency's first female helicopter pilot. She claimed that Major Michael Barry challenged her skills as a pilot after she turned down his advances while he was the commander ... More...   $0 (10-23-2009 - ma)

Frank Brunker sued Schwan’s Home Service, Inc., his former employer, for disability discrimination and failure to accommodate in violation of the Americans with Disabilities Act (“ADAâ€�), 42 U.S.C. §§ 12101 et seq. On appeal he challenges the district court’s grant of summary judgment for Schwan’s, in which the court determined that Brunker was not disabled. He also challenges earlier r... More...   $0 (10-22-2009 - IN)