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)

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)

Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wyeth Pharmaceuticals Inc. (Wyeth) and Pharmacia & Upjohn Co. (Upjohn).1 She sued the companies in 2004 for failure to warn of the risk of breast cancer from combination hormone therapy.

The trial was bifurcated, with liability determined first and punitive damage... More...   $0 (11-03-2009 - AR)

The principal issue in this appeal is the award and computation of attorneys' fees arising out of a breach of contract action. Plaintiffs sought $9 million in damages for the alleged breach of two provisions in the contract and for fraud. The jury found that defendants breached one provision of the contract, rejected plaintiffs' other claims, and awarded plaintiffs $2.3 million in damages. The tri... More...   $0 (11-02-2009 - NJ)

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)

The appeal and cross appeal in this matter concern claims of a hostile work environment, vexatious litigation, intentional infliction of emotional distress and attorney’s fees. The plaintiff, Debra Perez, appeals from the judgment of the trial court, rendered after a jury trial, in her favor on her claim of a hostile work environment and in favor of the defendant, C. Donald Lane, Jr., doing busi... More...   $0 (10-27-2009 - CT)

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)

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)

Defiant claims that Nanodetex maliciously abused legal process by filing a meritless lawsuit against it that was really aimed at “tying upâ€� 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)

Plaintiff walked into a bar. He was injured when the stool he sat on collapsed beneath him and he sued defendant, the bar owner and operator, for the injuries that he incurred. A jury awarded plaintiff $37,600 in economic damages, approximately the amount that plaintiff's medical providers had billed him for their services. Plaintiff was over 65 years old and, pursuant to the federal Social Sec... More...   $0 (10-15-2009 - OR)

In this case, a policyholder brought causes of action for breach of contract and bad faith rescission against his insurance company, and sought actual and punitive damages for the company’s termination of his health care insurance from original issuance on the grounds of a purported misrepresentation. The jury awarded the policyholder $36,000 in actual damages on the breach of contract claim, ... More...   $0 (10-14-2009 - SC)

14 Plaintiff John Aczel appeals from the judgment of the United States District Court for the
15 District of Connecticut (Dorsey, J.) granting judgment to Defendant, Police Officer Leonard
16 Labonia, on Plaintiff’s claim of use of excessive force. The case presents an unusual procedural
17 history. The jury answered interrogatories in a special verdict form, finding that Plaintiff h... More...   $0 (10-09-2009 - CT)

Appellant Dionicia Delgado was injured when the automobile in which she was a passenger collided with another automobile, allegedly as a result of the drivers’ concurrent negligence. In this appeal, we consider whether a passenger, such as Dionicia, may recover under the permissive driver’s insurance policy both liability benefits based on the policyholder’s negligence and underinsured moto... More...   $0 (10-07-2009 - NV)

Bass Pro Outdoor World, L.L.C. (Relator) filed a Petition for Writ of Prohibition with this Court, seeking to prohibit the trial court, Honorable Nancy Schneider, (Respondent) from enforcing discovery orders entered on April 3, 2009, May 7, 2009, and July 24, 2009, in the action of Kyle J. Kelly v. Bass Pro Outdoor World, L.L.C. This action is pending in the Circuit Court of St. Charles County, Mi... More...   $0 (10-06-2009 - MO)

Bobby Joe Rylee died after an altercation with police officers in Russellville, Arkansas, and a period of detention in the Pope County Detention Center. Sandy Krout, individually and as administratrix of Rylee’s estate, brought an action under 42 U.S.C. § 1983 against five Russellville police officers and four Pope County correctional officers in their individual capacities. She alleged that th... More...   $0 (10-06-2009 - AR)

Giant of Maryland, LLC (“Giantâ€�) appeals a judgment entered on a jury verdict in the Circuit Court for Prince George’s County in favor of Julia M. Taylor, a former Giant employee, in an employment discrimination and retaliation case. After a seven-day trial, the jury found by special verdict that, during a particular time period ending on February 3, 2003, Giant discriminated against Taylor ... More...   $0 (10-05-2009 - )

In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More...   $0 (10-03-2009 - MD)

In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More...   $0 (09-25-2009 - MD)

Appellants Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services, Inc., and Beverly Enterprises Arkansas, Inc., d/b/a Beverly Healthcare-Camden, appeal a judgment of the Ouachita County Circuit Court awarding Appellee Valerie Keaton, Individually and as Administratrix of the estate of Herman Johnson, Deceased, compensatory damages for negligence and punitive damages. Appellants all... More...   $0 (09-24-2009 - AR)

¶ 1 Appellant, Brokerage Concepts, Inc. (“BCIâ€�), appeals from the October 31, 2007 order denying its post-trial motions for judgment notwithstanding the verdict or a new trial and entering judgment in favor of Appellee, Walnut Street Associates, Inc. (“Walnut Streetâ€�). After careful review, we conclude that in accordance with the Restatement (Second) of Torts § 772(a), true statements ma... More...   $0 (09-22-2009 - PA)

This appeal1 arises out of three separate actions2 initiated by the plaintiff, Barry Saunders,3 against the defendants, Burton Firtel, Adco Medical Supplies, Inc. (Adco), and Barbur Associates, LLC (Barbur),4 in which the plaintiff, a former employee of Adco and a member and 50 percent interest holder in Barbur, sought to recover unpaid wages and double damages from Adco under General Statutes §Â... More...   $0 (09-22-2009 - CT)

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 actionâ€�) alleging that the City unlawfully retaliated agains... More...   $0 (09-22-2009 - CA)

LVRC Holdings, LLC (LVRC) filed this lawsuit in federal district court against its former employee, Christopher Brekka, his wife, Carolyn Quain, and the couple’s two consulting businesses, Employee Business Solutions, Inc., a Nevada corporation (EBSN), and Employee Business Solutions, Inc., a Florida corporation (EBSF). LVRC alleged that Brekka violated the Computer Fraud and Abuse Act (CFAA), 1... More...   $0 (09-18-2009 - CA)

The United States District Court for the Southern District of New York (The Honorable Sidney H. Stein) (the “Southern Districtâ€�) has certified to us, under Article IV, § 11(8) of the Delaware Constitution and Rule 41 of this Court,1 four questions relating to Delaware’s Escheat Statute. Those questions arose in a pending action in the Southern District brought by plaintiff, A.W. Financial S... More...   $0 (09-15-2009 - DE)

Microsoft Corporation appeals the denial of post-trial motions concerning a jury verdict that U.S. Patent No. 4,763,356 (the “Day patentâ€�) was not invalid and that Microsoft indirectly infringed the Day patent. Microsoft also appeals the $357,693,056.18 jury award to Lucent Technologies, Inc. for Microsoft’s infringement of the Day patent. Because the validity and infringement decisions were... More...   $0 (09-12-2009 - )