James Kirby says the jury’s award against him is too much. True, he helped start and served as a director of StorageCraft, a computer software company. True, after a falling out with his colleagues he stole the computer source code on which the company’s products depend. True, he shared the source code with NetJapan, a rival company that quickly produced a competing software product much like ... More...   $0 (03-11-2014 - UT)

George Barlow started going to sea as a deck hand in 1974. He was twenty‐three. In 1986, after working aboard ships for more than a decade, and without ever having attended college, he passed the merchant marine officer’s exam, licensing him to serve as an officer aboard U.S. flagged cargo vessels. In 1992 he received his master’s license, the merchant marine equivalent of a captain’s qual... More...   $0 (03-04-2014 - NY)

COMES NOW Farshad Dehghani, Plaintiff, by and through his attorney of record, Gierhart & Associates, and for his Petition states as follows:

1. THAT on August 27, 2010, in Oklahoma City, Oklahoma County, Oklahoma, on northbound 1-235, Caleb Harlin was driving his vehicle in an unsafe manner which resulted in a collision with the Plaintiff.

2. THAT due to the Defendant’s neglige... More...   $1 (02-10-2014 - ok)

The appellants in these consolidated proceedings, Mohammad Omar Aly Hassan, Ziyad Yaghi, and Hysen Sherifi, were tried jointly in the Eastern District of North Carolina and convicted of several offenses arising from terrorism activities. On appeal, the trio presents myriad challenges to their convictions and sentences. As explained below, we reject the appellants’ various contentions of error an... More...   $0 (02-04-2014 - NC)

Plaintiff-Appellee Wellogix, Inc. alleged that Defendant-Appellant Accenture, L.L.P, misappropriated its trade secrets. After a nine-day trial, a jury returned a unanimous verdict against Accenture, awarding Wellogix compensatory and punitive damages. After a careful review of the record, we find that there was sufficient evidence to support the jury’s verdict, and the resulting damages awards. ... More...   $0 (01-15-2014 - TX)

This case requires us to once again consider the district court’s admission of expert testimony at trial. We review the admission of expert testimony at trial for an abuse of discretion. Primiano v. Cook, 598 F.3d 558, 563 (9th Cir. 2010). If the district court improperly admitted the expert testimony, we apply harmless error review to determine whether its decision must be reversed. United Stat... More...   $0 (01-15-2014 - WA)

American Railcar Industries, Inc. (ARI), appeals from a district court1 order denying its motion for judgment as a matter of law or, in the alternative, a new trial, and granting a partial remittitur of damages. George Tedder cross-appeals from the same order, challenging the remittitur. We affirm.

I.

Tedder worked for ARI as a welder. On April 24, 2008, Tedder was sitting on a table... More...   $0 (01-09-2014 - AR)

Russell Davis sued Sharon Lynn Austin on an auto negligence theory claiming to have been injured and/or damaged in a car wreck in Tulsa County, Oklahoma caused by Austin.


I.

Sharon Austin is without sufficient information to admit or deny the allegation conned in Paragraph 1 of Plaintiff’s Petition and demands strict proof thereof.

II.

Sharon Austin admits the al... More...   $0 (12-09-2013 - OK)

Appellants, who own bars in Indianapolis-Marion County, Indiana, filed suit seeking injunctive and declaratory relief against enforcement of the

2 No. 13-1629

2012 Indianapolis-Marion County smoking ordinance. The district court denied the bar owners’ motion for a preliminary and permanent injunction and entered judgment in favor of the City. The bar owners now appeal.

I. BA... More...   $0 (11-25-2013 - IN)

We deny the motion for rehearing en banc as moot, withdraw our memorandum opinion of August 29, 2013, and issue the following substitute memorandum opinion in its place.

Hardam S. Azad, individually and d/b/a 5 Million Square Feet Companies (“Azad”), appeals from a judgment against him and in favor of MRCO, Inc.

2

(“MRCO”) and Commercial Roof Consultants & Claims Manag... More...   $0 (11-07-2013 - TX)

This appeal presents the question of whether expert testimony based upon speculative assumptions is sufficient to support an award of future loss of earning capacity and the dilemma of determining whether such assumptions are reasonable just because “an expert says it is so.” Merrell Dow Pharms., Inc. v. Havner, 953 S.W.2d

2

706, 712 (Tex. 1997), cert. denied, 523 U.S. 1119, 118 ... More...   $0 (10-24-2013 - TX)

This case arises out of a fraudulent real estate mortgage scheme that involved inducing a schizophrenic trash collector into acting as a straw buyer for two overvalued residential properties in Massachusetts. That person, Robert Smith, sued various entities and individuals involved in the transactions, including the mortgage lenders, mortgage brokers, real estate brokers, and closing agents. A ju... More...   $0 (10-16-2013 - MA)

This is a curious case in which the plaintiffs, unsuccessful medical malpractice suitors, seek damages against the authors and publisher of a case report, introduced into evidence in the malpractice trials, that appeared in a peer-reviewed obstetrical journal. Acting on the defendants' motions to dismiss, see Fed. R. Civ. P. 12(b)(6), the district court concluded that the plaintiffs' complaint stu... More...   $0 (10-16-2013 - MA)

This Title VII case arises out of alleged sexual harassment by Chuck Wolfe, the superintendent of an all-male crew on a construction site operated by Boh Bros. Construction Company (“Boh Brothers”). During a three-day jury trial, the Equal Employment Opportunity Commission (“EEOC”) presented evidence that Wolfe subjected Kerry Woods, an iron worker on Wolfe’s crew, to almost-daily verbal... More...   $0 (09-27-2013 - TX)

Charles Thompson and Estate of Lincoln Ogle sued Chrysler Group, LLC, Bob Moore Dodge Chrysler Jeep, LLC, Hypertech, Inc., Dorel Juvenile Group, Inc. dba Cosco Home and Office Products and David M. Ogle on wrongful death theories claiming:

1. This Court has jurisdiction pursuant to 12 Okla. Stat. §2004(F).

2. Plaintiff, Plaintiffs decedent, and the sole heirs of Plaintiffs deced... More...   $0 (09-23-2013 - OK)

We can’t say exactly when the trouble started for Larry and Patricia Sumrall, but it had to be by the time they hired Dale K. Barker, Jr. and his accounting firm. The Sumralls needed professional help with past-due tax returns and other amounts they owed the IRS, and they turned to Mr. Barker. At the end of the day, though, the Sumralls found themselves having to pay the IRS over $222,000 in tax... More...   $0 (09-17-2013 - UT)

Hardam S. Azad, individually and d/b/a 5 Million Square Feet Companies (“Azad”), appeals from a judgment against him and in favor of MRCO, Inc. (“MRCO”) and Commercial Roof Consultants & Claims Management, LLC (“Commercial Roof”). We affirm the trial court’s judgment in part, reform the judgment in part, reverse and render in part, and reverse and remand in part.

FACTUAL BA... More...   $0 (09-03-2013 - TX)

The parties to this trademark dispute make consumer products for rinsing sinus cavities. Med-Systems, Inc., the earlier entrant in this market, sells its products under the federally registered trademark SinuCleanse and two similar marks. Water Pik, Inc., which traditionally sold oral irrigators and showerheads, registered the trademark SINUSENSE with the intention of selling sinus-irrigation devi... More...   $0 (08-12-2013 - OK)

¶1 The claimant, Adrian Melton, was a truck driver for the employer, Joe Brown Company, Inc. On November 16, 2009, in the process of washing out his truck in preparation for a load he was to transport, a two-to-three hundred pound wash rack fell on him, causing injury. On October 15, 2010, the Workers' Compensation Court found that he had been injured while working within the scope of his employm... More...   $0 (07-02-2013 - OK)

Several state law questions arise in this appeal, and three federal law questions, whether expert testimony should have been excluded under Daubert1, whether disallowance of a

ALASKA RENT-A-CAR V. AVIS BUDGET GROUP 5

2 Batson v. Kentucky, 476 U.S. 79 (1986).

3 Alaska Civil Procedure Rule 82.

4 “We recount the relevant facts in the manner most favorable to the ... More...   $0 (06-21-2013 - AK)

¶1 Jason Scott Day was tried by jury and convicted of First Degree Murder in violation of 21 O.S.Supp.2006, 701.7(C), in the District Court of Oklahoma County, Case No. CF-2009-1210. In accordance with the jury's recommendation the Honorable Kenneth C. Watson sentenced Day to life imprisonment. Day must serve 85% of his sentence before becoming eligible for parole consideration. Day appeals from ... More...   $0 (06-18-2013 - OK)

Appellant, Wen Chyu Liu, also known as David W. Liou (“Liou”), challenges his conviction for conspiracy to steal trade secrets and perjury. The principal issue on appeal concerns the propriety of the court’s ruling excluding the testimony of defendant’s engineering expert. We conclude that the district court erred in excluding the testimony but that the error did not affect the outcome of ... More...   $0 (05-06-2013 - LA)

1. That William Keith Palmer is a resident of Canadian County, State of Oklahoma.

2. Defendant Petra Elizabeth Haungs is a resident of Oklahoma County, State of Oklahoma.

3. That on or about March 25, 2010, on a Wal-Mart parking lot at or about 951 E. SHI 52 and Sara Road, Mustang, State of Oklahoma, the defendant operated a vehicle in a negligent manner causing a collision with the ... More...   $100000 (05-01-2013 - OK)

Nancy Richard challenges the trial court’s judgment after a bench trial on her divorce from Charles Towery and the division of their community estate. In six issues, Richard contests the trial court’s denial of her motion to strike certain

2

evidence as a discovery sanction; the trial court’s characterization, valuation, and division of various assets; and the procedures employ... More...   $0 (04-18-2013 - TX)

Katherine Lees began her freshman year at Carthage College in the fall of 2008. On September 21, 2008, she was sexually assaulted in her dorm room by two men she believed to be Carthage students. Lees withdrew from Carthage after the attack and eventually brought this negligence action against

2 No. 11-3061

the college and its insurer, Lexington Insurance Company (collectively, “Ca... More...   $0 (04-16-2013 - WI)