This products liability case arises out of severe and permanent injuries sustained by plaintiff Karen Bartlett after taking sulindac, a generic non-steroidal anti-inflammatory drug ("NSAID") manufactured by (among others) defendant Mutual Pharmaceutical Company ("Mutual"). Sulindac is known to cause, in rare instances, a hypersensitivity reaction called Stevens-Johnson Syndrome and its more gener... More...   $0 (05-02-2012 - MA)

Appellees Northwest Airlines, Inc. (Northwest) and the Air Line Pilots Association (Pilots Association) filed a complaint seeking a declaratory judgment that their post-bankruptcy retirement benefit plan, the Money Purchase Plan for Pilot Employees (MP3), complied with the Employment Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001–1461 (2000). Appellants, a group of older Northwest p... More...   $0 (04-09-2012 - MN)

Skydive Arizona owns and operates one of the largest skydiving centers in the world. Defendants Butler, Quattrocchi, Atlanta SC, Inc., CASC, Inc., and IGOVincent, Inc. (collectively, SKYRIDE) operate an Internet and telephone-based advertising service, making skydiving arrangements for customers, and issuing certificates that can be redeemed at various drop zones around the country. Skydive Arizon... More...   $0 (03-12-2012 - AZ)

Yvon Wagner, as the personal representative of the estate of her brother, Eric Vogel, appeals the judgment of the district court in favor of the defendants, County of Maricopa and Joseph Arpaio. We reverse the judgment and remand for a new trial.

FACTS Eric Vogel was born on December 21, 1964. By the age of six, he was showing signs of potential illness. His parents withdrew him from school... More...   $0 (03-07-2012 - AZ)

Andre Haymond was convicted of one count of possession or attempted possession of child pornography in violation of 18 U.S.C. §§ 2252(a)(4)(B) and (b)(2). He appeals various aspects of his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

On October 1, 2007, FBI Special Agent Rich Whisman conducted an undercover online investigation searching for individ... More...   $0 (03-06-2012 - OK)

Plaintiff-Appellant Brandy Andler appeals the district court’s decision to exclude the testimony of her expert witness regarding loss of future earning capacity in her personal injury lawsuit against Defendant-Appellee Clear Channel Broadcasting, Inc. (“Clear Channel”). Clear Channel cross-appeals the denial of its motion for judgment as a matter of law on the issue of liability. Because the... More...   $0 (02-29-2012 - OH)

Plaintiffs Charles and Kelley Clark appeal a jury verdict in favor of defendants W & M Kraft (“Kraft”), DB Industries (“DBI”), Ingram Barge Company (“Ingram”), and Consolidated Grain and Barge Company (“CGB”). Kraft appeals the district court’s dismissal of its cross-claim against CGB with prejudice. We AFFIRM the verdict from the district court and REVERSE and REMAND the distric... More...   $0 (02-27-2012 - OH)

The plaintiffs, husband William N. Campbell (Campbell) and wife, Deborah A. Campbell, sued Cape and Island Health Care Services (clinic), Cape Cod Pathology Consultants, P.C. (professional corporation), and various individual defendants alleging medical malpractice, seeking to enforce their liability for damages suffered by Campbell in an ensuing automobile accident moments following a blood draw.... More...   $0 (02-15-2012 - MA)

The jury found Ensil International Corporation (Ensil) (1) breached a contract with BC Technical, Inc. (BC) by failing to repair damaged circuit boards and (2) converted BC’s property by unreasonably refusing to return the circuit boards BC had sent for repair. Before the jury retired for deliberations, Ensil moved for judgment as a matter of law. Following the trial, Ensil again moved for judgm... More...   $0 (02-07-2012 - UT)

NUMBER 13-11-00292-CV Appellant Mercedez Espinoza, individually and on behalf of the estate of Panchito Espinoza Jr., filed suit against appellee Jeffrey Stivors.2 In this suit arising out of a car accident, appellant alleged that appellee was negligent in failing to keep a proper look out, in failing to react in a sufficient time to avoid the accident, in failing to swerve to the right to avoid t... More...   $0 (01-26-2012 - TX)

Bonnie Rodrick tripped on a rug in front of a drinking fountain at a Wal-Mart store in Maryville, Missouri, in 2004, suffering injuries to her left hip. Invoking diversity jurisdiction, Rodrick sued Wal-Mart in 2007 asserting tort claims for her injuries. Following a four-day trial, a jury ruled in favor of Wal-Mart. Rodrick filed a motion for new trial, which the district court denied.1 Rodrick a... More...   $0 (01-20-2012 - MO)

high mini-scaffold and injuring his hand and knee, Raymond B. Bielskis brought this product liability action against Louisville Ladder, Incorporated, the manufacturer of the scaffold. The district court granted Louisville Ladder’s motion to bar the trial testimony of Bielskis’s expert witness, Neil J. Mizen. Subsequently, the district court granted Louisville Ladder’s motion for summary judg... More...   $0 (11-18-2011 - IL)

LaVern Louis Golden appeals from the decision of the Lincoln County District Court, which granted to Union Pacific Railroad Company (UP) its motion for summary judgment. Primarily at issue in this case is the interpretation of our decision in McNeel v. Union Pacific RR. Co. Golden claims that he presented sufficient evidence of a toxic exposure to overcome UP’s motion for summary judgment. UP cr... More...   $0 (10-07-2011 - NE)

The trial court in this case ruled that under Washington courts' application of Frye v. United States, 54 App. D.C. 46, 293 F. 1013 (1923), there must be general acceptance in the relevant scientific community that a particular type of in utero toxic exposure can cause a particular type of birth defect before expert testimony on causation is admissible. We disagree. We hold that the Frye tes... More...   $0 (09-28-2011 - WA)

The plaintiffs, Diana Michele Milton and her husband, Clive Milton,1 appeal from the summary judgment rendered by the trial court in favor of the defendants, Biogen Idec, Inc. (Biogen), Yale University School of Medicine (university) and Yale-New Haven Hospital (hospital).2 On appeal, the plaintiff claims that the court (1) erroneously ordered a Porter3 hearing regarding one of her expert witnesse... More...   $0 (09-27-2011 - CT)

¶1. In this personal-injury, products-liability case, the jury awarded the plaintiff $7 million, finding that Trellvion Gaines had been brain-damaged from exposure to lead. In an effort to convince this Court to reverse the trial judgment and to render judgment in its favor, the defendant, Sherwin-Williams Company, challenges the reliability of plaintiff’s causation experts and fact witnesses. ... More...   $0 (09-15-2011 - MS)

Following a train crash that allegedly exposed a small town to cancer-causing agents, the Plaintiffs-Appellants sought damages on behalf of a putative class. The district court granted summary judgment for the train company, CSX Transportation (CSX), because the Plaintiffs had not established general or specific causation and, as a matter of law, any increased risk of cancer or other diseases was ... More...   $0 (09-08-2011 - OH)

While a passenger aboard the M/V Nautica, Lydia Rosenfeld slipped and fell on a ceramic tile floor near the buffet bar of the vessel’s Terrace Café. She suffered a shoulder fracture and incurred medical expenses as a result of her fall.

Rosenfeld brought this diversity action against the operator of the M/V Nautica, Oceania Cruises, Inc. (“Oceania”), to recover damages for her injuri... More...   $0 (09-07-2011 - FL)

Gerald E. Samuels and his children were passengers on a seven-day cruise with the Holland American Line. During the time that the cruise ship was anchored in Cabo San Lucas on Mexico’s Baja Peninsula, the Samuels family visited the nearby Lover’s Beach on their own. Samuels was seriously injured by turbulent wave action while in the Pacific Ocean at that location. He sued Holland American, all... More...   $0 (09-02-2011 - WA)

Appellants[1] filed this lawsuit against Appellee Bell Helicopter Textron, Inc.[2] on January 25, 2002, alleging, among other things, strict products liability and negligence, relating to the crash of a Bell 407 helicopter. The case proceeded to a jury trial in August 2007, and the jury returned its verdict on September 17, 2007. The jury found that there was a design defect in the helicopter; t... More...   $0 (09-01-2011 - )

May Molina, a prominent civil rights activist known for protesting police practices, died in custody over 24 hours after officers arrested her on drug charges at her home. Molina was disabled, obese, and in poor health. She took daily medications for several ailments, including diabetes, a thyroid condition, hypertension, and asthma. Pursuant to a Chicago Police Department (CPD) policy that prohib... More...   $0 (08-25-2011 - IN)

This is an interlocutory appeal under Fed. R. Civ. P. 23(f) from the denial of class certification for medical monitoring and property damage. Plaintiffs aver chemical companies dumped an alleged carcinogen at an industrial complex near their residences. The District Court found individual issues predominated on exposure, causation, and the need for medical monitoring and also found individual iss... More...   $0 (08-25-2011 - PA)

This negligence suit under Georgia law stems from an injury Roland Walker suffered as he unloaded freight from a railcar in July 2005. At that time, Walker worked for Exel, Inc., the operator of a shipping and receiving facility in Fairburn, Georgia,1 which exclusively receives deliveries of food products from Unilever Bestfoods of North America (“Unilever”) on behalf of local Fairburn busines... More...   $0 (08-22-2011 - GA)

2 Plaintiff-appellant Derrick Brown (“Brown”), Personal Representative of the Estate of
3 Dorothy Brown, deceased, appeals from summary judgments certified as final pursuant to Federal
4 Rule of Civil Procedure 54(b) in favor of defendants Noxubee General Hospital (“Noxubee”) and
5 Baptist Memorial Hospital-Golden Triangle (“Baptist”) and from a summary judgment in favor of... More...   $0 (08-18-2011 - NY)

Dr. Carlos Colores Vasquez filed a petition to return his twenty-two-month-old daughter, I.R.C., to Mexico pursuant to the Hague Convention on the Civil Aspects of Child Abduction (the Convention), implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. §11601 et seq. Stephanie Colores, Dr. Colores’s estranged wife and mother of I.R.C., opposed the petition. The distric... More...   $0 (08-05-2011 - MN)