In this restricted appeal in a suit on a sworn account, appellant Robert G. Bryant d/b/a The Western Shop appeals the default judgment in favor of appellee Lucchese, Inc. We reverse and remand.
Background Facts
In April 2002, Bryant applied for a line of commercial credit with Lucchese for his store, The Western Shop. On the application, Bryant listed the street address and the shipping ad... More...   $0 (09-17-2015 - TX)

SD3, LLC and its subsidiary, SawStop, LLC (together, “SawStop”), contend that several major table-saw manufacturers conspired to boycott SawStop’s safety technology and corrupt a private safety-standard-setting process, all with the aim of keeping that technology off the market. Consequently, SawStop sued nearly two dozen saw manufacturers and affiliated entities, alleging that they violated § 1 o... More...   $0 (09-15-2015 - VA)

Joseph P. Boyle was injured by an exploding tire
in an automobile repair shop operated by C&N Corporation (C&N).
Joseph2 and his wife, Janice M. Boyle, filed a complaint against
C&N, asserting claims for bodily injury and loss of consortium.
C&N held an insurance policy issued by Zurich American Insurance
Company (Zurich). The policy required that C&N provide notice More...   $0 (09-14-2015 - MA)

This case requires us to decide
whether an ordinance in the City of Portland, Maine that prohibits
standing, sitting, staying, driving, or parking on median strips
violates the constitutional guarantee of "the freedom of speech."
U.S. Const. Amend. I.1 We conclude that the ordinance does, because
it indiscriminately bans virtually all expressive activity in all
of the City'... More...   $0 (09-11-2015 - ME)

Sonya Hubbard sued Federated Mutual Insurance Co. in state court for
vexatious refusal to pay a claim. Federated removed the case to federal court;
Hubbard moved to remand. The district court denied remand and dismissed
Hubbard’s claim. She appeals. Having jurisdiction under 28 U.S.C. § 1291, this court
affirms.1
I.
Federated, a Minnesota corporation with its principal plac... More...   $0 (09-09-2015 - MO)

Plaintiffs John (“Paterek”)1 and Cynthia Paterek (“the Patereks”),
along with their company Paterek Mold & Engineering, Inc. (“PME”), (collectively “Plaintiffs”),
appeal the district court order granting summary judgment in favor of Defendants Ben Delecke,
Commissioner of the Village of Armada Planning Commission, and the Village of Armada
(collectively “Defendants”), in this § 198... More...   $0 (09-08-2015 - MI)

Union activity was afoot at Libertyville Toyota late in the summer of 2011. When rumors to this effect reached it, Libertyville’s owner, a company called AutoNation, held a series of meetings with the affected staff. An employee surreptitiously recorded the last of these meetings, a lengthy affair conducted largely by two AutoNation
2 Nos. 14-2991, 14-3361
executives. Around the same ti... More...   $0 (09-07-2015 - FL)

In 2010, Appellee Dr. Miroslav Uchal performed laparoscopic adjustable gastric band surgery, a procedure intended to place a band around a person’s stomach to limit his food intake and help him lose weight, on Appellant Brian Schmigel. The surgery went awry, however, and the band was left “free floating in his abdomen.” App. 20a. As a result, Schmigel not only failed to lose weight; he suffered... More...   $0 (09-05-2015 - PA)

In 2003, the Pennsylvania Supreme Court grew troubled by the frequency of meritless professional malpractice claims filed in the state system. To address that concern, the Court amended the Pennsylvania Rules of Civil Procedure to require malpractice plaintiffs or their attorneys to file a certificate of merit (“COM”) within sixty days of bringing suit. Failure to comply conferred upon a defendant... More...   $0 (09-02-2015 - PA)

Benzene was first discovered and isolated from coal tar in the 1800’s but, today, is derived mostly from petroleum. (U.S. Dept. of Health & Human Services, Toxicological Profile for Benzene (2007) [as of Sep. 1, 2015], p. 2 (Benzene Profile).) It is a colorless liquid with a sweet odor that is widely used in the United States in the manufacture of lu... More...   $0 (09-02-2015 - CA)

Appellant S.T.N. Properties, Ltd., (STN) filed a lawsuit asserting that appellees Rio Grande Valley All Tune & Lube, Inc., and Bennett Abbitt1 (collectively RGV) breached
1 Bennett Abbitt, as the sole owner of Rio Grande Valley All Tune & Lube, Inc., entered into a personal guarantee on the commercial lease agreement with STN.
2
their commercial lease agreement with STN. The suit was t... More...   $0 (09-01-2015 - TX)

Tulsa, OK - Larry Basden sued Reliance Electric, Inc. v. Compsource Oklahoma on a premises liability theory claiming:

1. This action was originally filed on August 2, 2013, in Tulsa County, case number CJ-2013-3592, and assigned to the Honorable Carlos Chappelle. An Amended Petition was filed on September 30, 2013. Discovery was conducted and depositions were
taken of the corporate re... More...   $1 (08-29-2015 - OK)

In December 2009, Medina was diagnosed with mesothelioma, a type of cancer usually caused by exposure to asbestos. He filed a personal injury complaint against numerous defendants in March 2010, alleging causes of action for negligence, breach of implied warranty, strict products liability, fraud/failure to warn, and conspiracy to defraud/failure to warn. Medina preserved his testimony in video-... More...   $0 (08-21-2015 - CA)

17 A pre-dawn sidewalk conversation between police officers and
18 a member of the public that began with a request for help finding
19 a bathroom escalated into a confrontation, an arrest, a struggle,
20 a use of force and pepper spray, a lawsuit, and now this appeal
21 from dismissal of the lawsuit. Imani Brown appeals from the June
22 18, 2014, judgment of the District Court... More...   $0 (08-19-2015 - NY)

Johnstown, PA - Johnstown Woman Admits Possessing Equipment to Produce Counterfeit Credit Cards, Gift Cards and Checks

A Cambria County resident pleaded guilty in federal court to a charge of possession of device-making equipment.

Kristina Joanna Barney, 33, of Johnstown, Pa., pleaded guilty to one count before United States District Judge Kim R. Gibson.

In connection wi... More...   $0 (08-17-2015 - PA)

Paul Volkman is a former doctor who cast himself as a “pain management physician.” Educated at the University of Chicago, Volkman holds an M.D. and Ph.D. in pharmacology from that institution. See Volkman v. United States Drug Enforcement Admin., 567 F.3d 215, 217 (6th Cir. 2009). Before the events leading up to his conviction, he was board-certified in emergency medicine and was a “diplomat” o... More...   $0 (08-15-2015 - OH)

After a night of heavy drinking,
Lauren Spierer, a twenty-year-old Indiana University
student, left the apartment of a classmate and disappeared.
Four years later, she remains missing. Lauren’s parents
brought suit against three students who were with Lauren in
the hours before her disappearance, alleging negligence and
violations of Indiana’s Dram Shop Act. After some clai... More...   $0 (08-14-2015 - IN)

Kevin and Lisa Nutt successfully sued their former employers under the
Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for
two claims: delinquent contributions and breach of the fiduciary duty of care. The
district court found that the Nutts’ former employers could not provide adequate relief
and thus relied on a theory of successor liability to hold Os... More...   $0 (08-13-2015 - AR)

Springfield, MO - Two Springfield Men Plead Guilty to Stealing Guns from Pawn Shop

Two Springfield, Mo., men have pleaded guilty in federal court to stealing 23 firearms during a burglary at an Ozark, Mo., pawn shop.

Matthew James Oakley, 24, of Springfield, pleaded guilty before U.S. District Judge M. Douglas Harpool to aiding and abetting in the theft of firearms from a license... More...   $0 (08-05-2015 - MO)

Las Cruces, NM – Former Employee of Hobbs Gun Shop Sentenced to Prison for Federal Firearms Conviction

Three Defendants to Forfeit 165 Firearms, More than 25,000 Rounds of Ammunition and 6 Silencers

Carlos Carlon Cruz, the father of a the former owner of a gun shop in Hobbs, N.M., was sentenced in federal court in Las Cruces, N.M., for violating the federal firearms laws. Carlos... More...   $0 (08-05-2015 - NM)

Secundino Medina died of asbestos-related mesothelioma. Medina’s estate, his daughters Patricia Soto, Yolanda Isaak, and Leticia Medina, and his great-grandson Eli Canett asserted claims for negligence, strict liability, and wrongful death against a host of defendants, alleging that their asbestos-laden products contributed to Medina’s mesothelioma. Their claims against defendant BorgWarner Mors... More...   $0 (08-05-2015 - CA)

New Haven, CT - Danbury Resident Admits Stealing Nearly 300K from Investors

Alexander Bergen, 22, of Danbury, waived his right to indictment and pleaded guilty in Hartford federal court to stealing approximately $300,000 from individuals who invested in his Internet business.

According to court documents and statements made in court, BERGEN operated CT Wholesale, a company that s... More...   $0 (08-03-2015 - CT)

The automobile sales contract in the present case has an arbitration agreement that provides, among other things, that arbitral awards of $0 or over $100,000 as well as grants but not denials of injunctive relief may be appealed to a panel of arbitrators. The arbitration agreement also has provisions that require the party appealing the award to front the costs of the appeal, preserve the right o... More...   $0 (08-03-2015 - CA)

ATLANTA - Mario Deandre Jackson and Leon Scott have been indicted by a federal grand jury for robbery, kidnaping and firearms crimes relating to a home invasion in the Buckhead community on May 25, 2015.

During the home invasion, a family was held at gunpoint and one victim was forcibly removed from the home and made to withdraw money from his bank account.

“These men are charged... More...   $0 (07-29-2015 - GA)

Fort Smith, AR - Two California Men Sentenced to Combined Total of Over 13 Years in Prison for Drug Trafficking Charges

Elijah Buckhalter and Alberto Gonzalez were sentenced today to a combined total of over 13 years in federal prison for drug trafficking charges. Buckhalter, age 23, of Compton, California was sentenced to 24 months in prison followed by two years of supervised release f... More...   $0 (07-29-2015 - AR)