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)

This case arises from two transactions in which WahlcoMetroflex, Inc. ("WMI" or "the company") issued equity shares as compensation for agreements made by most of its shareholders to guaranty personally loans made to WMI. Alexander Baldwin, one of seven shareholders and founders of WMI, filed suit alleging that WMI's directors breached their fiduciary duties to him by issuing the two sets of shar... More...   $0 (10-22-2009 - ME)

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)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (10-02-2009 - MA)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (09-29-2009 - MA)

Defendant-Appellant Bechtel Jacobs Company, LLC (“BJCâ€�) appeals from the district court’s judgment following an eight-day bench trial. The district court awarded Plaintiff-Appellee MACTEC, Inc. (“MACTECâ€�) $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)

This case involves alleged infringement by Basic Holding (“Basicâ€�) of a patent and alleged trademark held by Vita-Mix Corporation (“Vita-Mixâ€�). The United States District Court for the Northern District of Ohio granted summary judgment of no direct infringement, no inducement of infringement, no contributory infringement, and no trademark infringement in favor of Basic. The court also gran... More...   $0 (09-16-2009 - OH)

Indianapolis revised its adult business ordinances in 2003. These amendments expanded the definition of “adult entertainment businessâ€� to include any retail outlet that devotes 25% or more of its space or inventory to, or obtains at least 25% of its revenue from, adult books, magazines, films, and devices. (Adult “devicesâ€� include vibrators, dildos, and body piercing implements.) See India... More...   $0 (09-03-2009 - IN)

Plaintiffs-Appellants Marylon Marie Boyd, Isabel Gonzales, and Kanani Boyd (the Boyd Family), who are the mother and daughters of Cammerin Boyd (Cammerin), appeal the district court’s judgment in favor of Defendants- Appellees, the City and County of San Francisco and police officers James O’Malley and Timothy Paine (collectively, San Francisco). The Boyd Family alleges that the district court... More...   $0 (08-08-2009 - CA)

Gary Bailey constructed a road on a parcel of wetlands in Lake of the Woods County (County), Minnesota, without obtaining a permit under Section 404 of the Clean Water Act (Act). The United States Army Corps of Engineers (Corps) ordered Bailey to restore the land to its previolation condition. Bailey refused, and the United States brought an action under Section 309(b) of the Act to enforce the re... More...   $0 (07-09-2009 - MN)

Plaintiff-Appellant Emily Hatfield appeals from an adverse judgment following a consent jury trial before a magistrate judge. She raises the following issues on appeal: (1) improper exclusion of expert testimony; (2) improper denial of challenges for cause of two members of the jury panel; (3) improper closing argument; and (4) refusal to give a requested jury instruction on spoliation of evidence... More...   $0 (07-02-2009 - KS)

This civil suit arises from the fatal shooting of Michael Goodman (“Michaelâ€�) by Harris County, Texas, Deputy Constable Terry Ashabranner (“Ashabrannerâ€�). Jeanette Goodman (“Goodmanâ€�), Michael’s mother, appeals from the district court’s grant of summary judgment in favor of Harris County and Constable Ron Hickman (“Hickmanâ€�) on her Texas Tort Claims Act (“TTCAâ€�) causes of a... More...   $0 (06-10-2009 - )

Appellants Robert G. Franklin (Franklin), Glenn E. Steele (Steele), Edward W. Lewis (Lewis), Darryl Bailey (Bailey), and Leon Booker (Booker) (collectively, Appellants) are African-American current or former members of Local 2 of the Sheet Metal Workers International Association (Local 2). Appellants filed a civil rights action against Local 2, alleging (1) racial discrimination in job placement u... More...   $0 (06-04-2009 - MO)

Penni L. Neiberger was a passenger in a pickup truck driven by her husband, John E. Neiberger, when she was injured in a motor-vehicle collision in Colorado on February 19, 2003. The other vehicle was a delivery van driven by defendant Kevin Killman and owned by defendant Dennis Conley. The van was carrying cargo for defendant Fedex Ground Package System, Inc. Mrs. Neiberger appeals an adverse jud... More...   $0 (05-27-2009 - CO)

In this medical malpractice case, we consider whether the trial court properly excluded plaintiffs’ expert and granted summary judgment for defendants when the expert’s opinions of his familiarity with the community at issue and of defendants’ breach of the standard of care satisfy the requirements of N.C.G.S. § 90-21.12. We conclude that here, the expert’s deposition and affidavit demons... More...   $0 (05-21-2009 - NC)

This is an interlocutory appeal of the district court’s denial of a motion for a preliminary injunction. See Okla. ex rel. Edmondson v. Tyson Foods, Inc., No. 05-CV-329-GKF-SAJ, 2008 WL 4453098, at *1, *3 (N.D. Okla. Sept. 29, 2008).

The motion arose out of a 2005 complaint filed by Plaintiffs-Appellants (collectively referred to as Oklahoma) against Defendants-Appellees (collectively r... More...   $0 (05-13-2009 - OK)

In this case, we address the boundaries of Frye-Reed1 with respect to a hypothesis proffered, on behalf of Pamela and Ernest Blackwell, Petitioner, by their expert, Dr. Mark Geier, involving whether the presence of the preservative “thimerosalâ€�2 in childhood vaccines, causes neurological defects, such as autism,3 as well as his and four other individuals’ qualifications to be experts under M... More...   $0 (05-07-2009 - MD)

A jury found that Plaintiff-Appellant Cedar Hill Hardware and Construction Supply, Inc. (“Cedar Hillâ€�), was not entitled to insurance coverage for fire-related damages because Cedar Hill made material misrepresentations that voided an otherwise applicable policy. Cedar Hill appeals, arguing waiver, error in the jury instructions, and error in the district court’s1 admission of evidence and i... More...   $0 (04-18-2009 - mo)

[¶1.] Master Blaster, Inc. (Master Blaster) appeals several evidentiary and legal rulings made at the jury trial in which it was found liable for damages caused to Supreme Pork, Inc. (Supreme Pork). We affirm.

FACTS

[¶2.] In 1999, a small fire broke out in the pressure washer room of Supreme Pork’s pig farrowing facility near Lake Benton, MN. The power washer sustained some damag... More...   $0 (04-08-2009 - SD)

Plaintiffs-appellants Michael Lewis and Tammy Livingston claim to have been injured when they were exposed to hydrogen sulfide gas while working at a refinery operated by the defendant, CITGO Petroleum Corp. They sued CITGO under theories of negligence, which required them to prove that the exposure caused compensable injuries. On the defendant’s motion for summary judgment, the district court f... More...   $0 (04-07-2009 - IL)

[¶1.] Master Blaster, Inc. (Master Blaster) appeals several evidentiary and legal rulings made at the jury trial in which it was found liable for damages caused to Supreme Pork, Inc. (Supreme Pork). We affirm.

FACTS

[¶2.] In 1999, a small fire broke out in the pressure washer room of Supreme Pork’s pig farrowing facility near Lake Benton, MN. The power washer sustained some d... More...   $0 (04-01-2009 - SD)

[¶1] Brett Cramer brought suit against the owner and the operator of the Caballo Mine, seeking to hold them liable for damages he suffered in an accident that occurred while he was working at the mine site. The trial resulted in a jury verdict against Mr. Cramer, and the district court entered judgment against him. Mr. Cramer appeals, claiming that the district court erred in numerous pretrial an... More...   $0 (03-31-2009 - WY)

Jami Neco Schmidt filed this claim for damages under 42 U.S.C. § 1983 and Missouri’s strip search law, Mo. Rev. Stat. § 544.193. She brought claims against the City of Bella Villa, Missouri, and Chief of Police Edward Locke, Jr. in connection with the alleged post-arrest photographing of her tattoo. She appeals from the district court’s1 entry of summary judgment on each of her claims and fr... More...   $0 (03-02-2009 - MO)

Appellant Mark Hackett brought suit against appellees Littlepage & Booth, Littlepage & Associates, P.C., and Michles & Booth, P.A., (1) alleging legal malpractice and deceptive trade practices stemming from the Law Firms' representation of Hackett, specifically the Law Firms' failure to file suit against two of Hackett's treating physicians for medical malpractice. In four issues, Hackett challen... More...   $0 (02-21-2009 - TX)

Jeannine Presley (Jeannine), individually and as the personal representative of her late husband George Presley (George), and Shelter Insurance Company (Shelter) (collectively, plaintiffs) sued Lakewood Engineering and Manufacturing Company (Lakewood) on theories of negligence, breach of warranty, and strict products liability. Plaintiffs alleged a space heater manufactured by Lakewood (Lakewood h... More...   $0 (02-21-2009 - AR)