Jerry L. Roberts, as Trustee, et al. v. Patty Lomanto |
Plaintiff Jerry L. Roberts owned Cable Park Shopping Center (the shopping center) in his capacity as trustee of the Vernon A. Cable Trust. He retained defendant Patricia Lomanto as his agent to sell the shopping center. Lomanto eventually offered to buy the property in her capacity as trustee of her family trust.1 The parties executed a purchase agreement which stated the price as $11 mill $0 (11-05-2003 - CA) |
Kyrra Casey v. Blake Hospital |
Medical malpractice claim by Kyrra Casey, a Presidential Scholar and former Bradenton Herald newspaper staff reporter, suffered brain damage when she did not receive appropriate care for the sickle-cell crisis in October 1999 at Blake Hospital in Manatee County. She complained of pains in her joints, weakness, fatigue, a headache and dehydration when she presented in the Emergency Room of the hosp $21887000 (11-04-2003 - FL) |
Najee Ali v. L.A. Focus Publication, et al. |
Najee Ali appeals the judgment entered after the trial court granted summary judgment in favor of defendant L.A. Focus Publication (L.A. Focus) and Jheryl Busby in Ali's action for wrongful termination and related employment claims. Because triable issues of fact exist as to whether Ali was an employee of L.A. Focus and whether his employment was terminated for engaging in protected political $0 (10-31-2003 - CA) |
Richard Weinberger v. Independent School District No. 622, et. al. v. Maplewood Review, et. al. |
This appeal arises from appellant Richard Weinberger's motion to compel the Maplewood Review and two of its reporters, Jason Tarasek and Wally Wakefield,[1] to disclose the identity of certain sources quoted in an article published by the Maplewood Review in January of 1997. Weinberger sought the identity of the sources in connection with a lawsuit he brought against Independent School Distric $0 (09-22-2003 - MN) |
Southern New England Telephone Company v. Laurie J. Pagano, et al. |
In this action for nonpayment of advertising fees, the defendants, Laurie J. Pagano andRichard E. Godek, both doing business as Middlesex Counseling Services, appeal from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Southern New England Telephone Company, on both the plaintiff's claim and on the defendants' counterclaims. On appeal, the defendan $25800 (09-17-2003 - CT) |
Statia A. Skwirz v. United States |
On February 15, 1996, Edward Skwira, a decorated World War II veteran, entered the Veterans Affairs Medical Center ("VAMC") near Northampton, Massachusetts, for the treatment of chronic alcoholism. Three days later, Skwira unexpectedly died, apparently of natural causes. Five years later, on March 14, 2001, a federal jury convicted Kristin Gilbert, a former nurse at the VAMC, of murdering Skwir $0 (09-15-2003 - MA) |
DVD Copy Control Association, Inc. v. Andrew Brunner |
Today we resolve an apparent conflict between California's trade secret law (Civ. Code, § 3426 et seq.) and the free speech clauses of the United States and California Constitutions. In this case, a Web site operator posted trade secrets owned by another on his Internet Web site despite knowing or having reason to know that the secrets were acquired by improper means. The trial court found t $0 (08-25-2003 - CA) |
Paula M. Green v. Par Pools, Inc. |
This case requires us to focus on the burden of proof requirements under Labor Code section 1197.5, California's equal pay law. Plaintiff Green filed this action for sex discrimination, retaliation, and infliction of emotional distress. In her second cause of action, Ms. Green alleged that defendant Par Pools had failed to pay her equal pay for equal work as required by section 1197.5. Afte $0 (08-22-2003 - CA) |
Brand G., a minor v. Patricia Gray |
Patricia Gray, an attorney, appeals from a judgment awarding her former client, Mr. G., as guardian ad litem for his two children (plaintiffs), the sum of $41,724.40 on Mr. and Mrs. G.'s action against Gray for legal malpractice. Plaintiffs also have appealed from the judgment, contending the trial court erred in calculating the damages owed by Gray. FACTUAL/PROCEDURAL BACKGROUND In D $39000 (08-08-2003 - CA) |
Nikki Finke v. The Walt Disney Company, et al. |
California's SLAPP statute provides in relevant part a court may strike "[a] cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue[.]" The principal question in this appeal is whether a defendant moving to strike a cause of action $0 (07-29-2003 - CA) |
Town of Canterbury v. Arthur J. Rocque, Jr., Commissioners of Enironmental Protection |
The plaintiff, the town of Canterbury (town), appeals from the judgment of the trial court dismissing on jurisdictional grounds its appeal from the administrative decision of the defendant, Arthur J. Rocque, Jr., the commissioner of environmental protection (commissioner), placing conditions on the town's application for permits for a municipal solid waste transfer station. We reverse the $0 (07-21-2003 - CT) |
Isabela G. Andrade, et al. v. Stephen E. Thompson, et al. |
Appellants, some of the survivors and estates of Branch Davidians who died during the 1993 conflict at Mount Carmel near Waco, Texas, attempted to prove at trial that the United States government should be held liable under the Federal Tort Claims Act ("FTCA") for deaths and injuries of Branch Davidian sect members during the siege of their compound outside Waco, Texas on April 19, 1993. $0 (07-15-2003 - TX) |
Brenda Loguidice v. Metropolitan Life Insurance Company |
Plaintiff Brenda Loguidice appeals the district court's entry of summary judgment in favor of defendants Metropolitan Life Insurance Company ("MetLife") and Steven Anastasia on the ground that her claims against them were brought after the expiration of the applicable Massachusetts statute of limitations. The principal issue is whether Loguidice has adduced evidence from which a fact finder cou $0 (07-15-2003 - MA) |
Sandra Bodah, et al. v. Lakeville Motor Express, Inc. |
In this case, the court of appeals reversed the district court's order dismissing, on the pleadings, the complaint of respondents Sandra Bodah, Wayne Senne, John Tonsager, and Mark Urick (respondents). On review, we consider an issue of first impression: whether allegations in the complaint - that appellant Lakeville Motor Express, Inc.'s (LME) dissemination by facsimile of 204 employee names $0 (07-10-2003 - MN) |
Leslie A. Kelly d/b/a Les Kelley Pulbications, d/b/a Les Kelly Enterprises, d/b/a Show Me the Gold v. Arriba Soft Corporation |
This case involves the application of copyright law to the vast world of the internet and internet search engines. The plaintiff, Leslie Kelly, is a professional photographer who has copyrighted many of his images of the American West. Some of these images are located on Kelly's web site or other web sites with which Kelly has a license agreement. The defendant, Arriba Soft Corp.,1 operat $0 (07-08-2003 - CA) |
American Civil Liberties Union of Nevada, et al. v. City of Las Vegas, et al. |
In a successful bid to revive its decaying downtown, the City of Las Vegas followed the lead of towns across the United States and turned several blocks of its main downtown street into a publicly-owned pedestrian mall, the Fremont Street Experience. Fearful of the potential for disruption of merchants and customers, the City placed significant restrictions upon First Amendment activities $0 (07-02-2003 - NV) |
Carefirst of Maryland, Inc. d/b/a Carefist Blue Cross/Blue Shield v. Carefirst Pregnancy Centers, Inc. |
In this appeal, we address whether an Illinois organization subjected itself to personal jurisdiction in Maryland by operating an Internet website that allegedly infringed the trademark rights of a Maryland insurance company. Carefirst of Maryland ("Carefirst") accuses Chicago-based Carefirst Pregnancy Centers, Inc. ("CPC") of selecting the name CAREFIRST, despite having notice both of Car $0 (07-02-2003 - MD) |
Ronald G. Wendel v. Cindy H. Wendel |
The Former Husband and the Former Wife were divorced in 1994 pursuant to a final judgment of dissolution of marriage. The final judgment incorporated the parties' marital settlement agreement (MSA). Pursuant to the terms of the MSA, the Former Husband had primary residential custody of the parties' two minor daughters, and the Former Wife paid child support based on the statutory guidelines $0 (06-27-2003 - FL) |
Adel Nagi El Moraghy v. John Ashcroft |
This case causes us to review a denial of an application for asylum by a Coptic Christian Egyptian national based on grounds of religious persecution. Although the Board of Immigration Appeals ("BIA") affirmed the denial of asylum using its relatively new summary affirmance procedure, it should not have done so. Basic flaws in the methodology and reasoning used by the Immigration Judge ("IJ") u $0 (06-13-2003 - MA) |
Janet Bogle, et al. v. William McClure, et al. |
This case involves claims of race discrimination at the Atlanta-Fulton Public Library System (AFPLS) brought by Appellees, seven Caucasian female librarians, against Appellants, members of the AFPLS Board of Trustees and the Director of the AFPLS. Appellees (the Librarians) claim Appellants transferred them from their jobs at Central Library to dead-end jobs at branch libraries because of $17000000 (06-12-2003 - GA) |
John R. Booth and Thomas Frank Book v. Bobbie Jean McKnight |
1 The certiorari petition presents two dispositive issues for this court's resolution: [1] Was the Lincoln County District Court correct in concluding that the Craig County court's probate decree is facially void insofar as it distributes the mother's mineral interest? and [2] Did the former court err in quieting the brothers' title to the mineral interest? We answer both questions in the affi $0 (05-13-2003 - OK) |
Gretchen D. Hutchinson v. Robert B. Hutchinson II |
Husband appeals from a judgment that modified his monthly spousal support obligation to wife by reducing it from $6,000 to $3,000. Husband contends that the trial court should have reduced the support award to $250 per month and that, because he is unemployed and has no immediate prospects of finding employment, the court erred in attributing to him potential income of $120,000 per year. Husban $0 (05-29-2003 - OR) |
Richard Ruestman v. Dorothy Ruestman, Personal Representative of the Estate of Walter F. Ruestman. |
Richard Ruestman ("Respondent"), as an individual, brought suits against his father's second wife, Dorothy Ruestman ("Appellant" ), as personal representative of the Estate of Walter F. Ruestman. (FN1) The suits were denominated as a suit for the discovery of assets and a will contest action.(FN2) The suits were tried to the jury with the following verdict directors: More... $0 (05-15-2003 - MO)
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Barbara A. Patton v. The Denver Post Corporation; Denver Post-Denver Guild Pension Plan |
The marriage of Mr. Phipers and Ms. Patton was dissolved on February 10, 1988. During the mediation related to the dissolution of their marriage, the parties voluntarily produced financial information. In this regard, Mr. Phipers wrote to request information from his employer, the Denver Post, regarding his retirement benefits. In response to his inquiry, the plan administrator informed him of $0 (04-23-2003 - CO) |
Richard Jones and Howard Jones v. Violet Brashears, et al. |
Richard and Howard Jones (Plaintiffs) sued Violet Brashears (Brashears) and Butler County Publishing, Inc., d/b/a The Daily American Republic (DAR) for wrongful death of their father, James Jones, as a result of an automobile collision with Brashears, who was delivering DAR's newspapers at the time of the collision. The trial court granted DAR's motion for summary judgment and Plaintiffs' appea $0 (04-23-2003 - MO) |
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