Plaintiffs-appellants Joseph and Elaine Adrian and Adrian Family Partners I, L.P. sued
5 the Town of Yorktown (the “Town�) pursuant to 42 U.S.C. § 1983 and New York State law,
6 alleging that the Town, through its Town Supervisor, Linda Cooper, and other policy-making
7 officials, maintained an official policy under which the plaintiffs were denied the right to develop
8 their... More...   $0 (09-08-2010 - NY)

At issue in this case is the often-elusive line between admissible opinion and inadmissible speculation under Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Several manufacturers of welding supplies appeal a $20.5 million jury verdict based on a doctor’s testimony that their products triggered “manganese-induced parkinsonismâ€� ... More...   $0 (09-08-2010 - OH)

The appellants in this litigation are homeowners who embarked on a major residential home improvement project. They appeal from a judgment in these cross-actions in favor of their general contractor which awarded them only $1,000 in damages on their negligence cause of action. They contend the trial court erred in enforcing an oral contract in violation of statutory requirements that the contract ... More...   $0 (09-06-2010 - CA)

Robert Brooks sued Union Pacific Railroad Company ("Union Pacific") under the Federal Employer's Liability Act (FELA), 45 U.S.C. § 51 et seq., to recover damages for a back injury that he allegedly suffered while working as a machinist at Union Pacific's locomotive repair shop in North Little Rock, Arkansas. Brooks alleged that his injury resulted from acute trauma to his back. Union Pacific move... More...   $0 (09-03-2010 - )

Plaintiff William Sheffield challenges several municipal ordinances enacted by the city of Fort Thomas, Kentucky, alleging that the ordinances violate the United States and Kentucky Constitutions and that the ordinances are preempted by Kentucky state statutes and administrative regulations. The district court rejected all of Sheffield’s challenges. With one exception, we agree with that conclus... More...   $0 (09-03-2010 - KY)

This case arises from failed negotiations for the acquisition and management of H&W Motor Express, Inc. (“H&Wâ€�), a financially struggling trucking company in Dubuque, Iowa. Roger Waldner appeals the district court’s1 adverse grant of summary judgment on his various state law tort and contract claims against three sets of defendants: (1) Urban Haas and Patricia M. Haas (collectively the “Ha... More...   $0 (08-28-2010 - IA)

Plaintiffs appeal from a judgment in favor of defendants Bondex International, Inc. (Bondex),1 RPM, Inc. and Crown Cork & Seal Company, Inc. (Crown) in their action for wrongful death. Plaintiffs‟ decedent William Saller died of mesothelioma, an asbestos-related disease, in February 2006. Mr. Saller asserted two sources of exposure to asbestos: his employment at Standard Oil where he was exposed... More...   $0 (08-27-2010 - CA)

In Younger v. Harris, 401 U.S. 37 (1971), a federal court plaintiff sought a federal injunction to stop state court proceedings that he claimed would violate his federal constitutional rights. The Supreme Court said no, the federal courts would abstain, leaving the state courts to consider the federal constitutional issues that would arise in their proceedings.

In this unusual case, by cont... More...   $0 (08-27-2010 - IL)

This commercial landlord-tenant dispute involves a tenant who overstayed its welcome at a warehouse with a leaky roof, the replacement of which both landlord and tenant deny is their responsibility. After the tenant filed an action for declaratory

1 We refer to the defendants collectively as “Bolgerâ€� and use the pronoun “heâ€� both for ease of reading and because David Bolger was the ... More...   $0 (08-24-2010 - IL)

The Supreme Court held in Republican Party of Minnesota v. White, 536 U.S. 765 (2002) (White I), that elected judges, and candidates for judicial office, have a right under the first amendment to declare their legal views to the electorate during their campaigns. The decision left open myriad questions of implementation, and litigation has ensued across the country in those states that give the vo... More...   $0 (08-20-2010 - IN)

This action, consolidated on appeal, arises out of grants of summary judgment in favor of defendant-respondent corporations (General Electric, et al.; A.W. Chesterton Co., et al.; and FMC Corp., et al.) (collectively, ―Respondents‖) on the grounds that the plaintiffs-appellants‘ (Mildred Castorena, et al.; Willis E. Norton, Sr.; and John D. Adamson, et al.) (collectively, ―Appellants‖) w... More...   $0 (08-18-2010 - ID)

This appeal stems from the sale of a mineral interest in 1998. Strapped for cash, Appellant Martin Brock Jones, Jr. sold the interest for $55,000. Subsequent field development netted the purchasers revenues upwards of a million dollars. Simply stated, we must decide who knew what when. The trial court entered summary judgment in favor of the purchasers--James Cleo Thompson, Jr., individually and a... More...   $0 (08-11-2010 - TX)

Shortly after being employed as a welder for James Marine, Inc. (JMI), Heather Spees discovered that she was pregnant.

At the direction of her foreman, Spees obtained a note from her physician restricting her to light-duty work, which resulted in JMI reassigning her to a position in the company’s tool room. JMI terminated Spees two months later when a second doctor placed her on bedrest... More...   $0 (08-10-2010 - KY)

In this case we primarily consider whether, in a negligence action against a nonpublic defendant, the reduction of a plaintiff‟s award of past medical expense damages to the dollar amount ultimately paid by the plaintiff‟s private health insurance to his health care providers is appropriate under the collateral source rule. In light of the public policy conclusions expressed by our state Supre... More...   $0 (08-10-2010 - CA)

Petitioner brought wrongful death and survival actions against CSX Transportation, Inc. (CSX) and the South Carolina Department of Transportation (SCDOT) stemming from a collision between an automobile and a freight train. Petitioner settled the claims against CSX, and the trial court granted summary judgment in favor of SCDOT. The court of appeals affirmed, and we granted Petitioner's request ... More...   $0 (08-09-2010 - AC)

The appellants, David M. Somers & Associates, P.C., and David M. Somers, appeal from the judgments of the trial court rendered in favor of the appellee, Ruth A. Kendall.1 The appellants claim that the court improperly (1) held Somers in his individual capacity liable for damages and (2) failed to apply the doctrine of judicial estoppel.2 We disagree and affirm the judgments of the trial court.
... More...   $0 (08-03-2010 - )

Petitioner brought wrongful death and survival actions against CSX Transportation, Inc. (CSX) and the South Carolina Department of Transportation (SCDOT) stemming from a collision between an automobile and a freight train. Petitioner settled the claims against CSX, and the trial court granted summary judgment in favor of SCDOT. The court of appeals affirmed, and we granted Petitioner's request f... More...   $0 (08-02-2010 - SC)

Oncor Electric Delivery Company LLC (“Oncorâ€�) filed an eminent domain proceeding against appellants, Dallas Area Rapid Transit (“DARTâ€�) and Fort Worth Transportation Authority (“The Tâ€�), to take an easement for an electrical transmission line. Appellants filed a plea to the jurisdiction based on governmental immunity, which, after a hearing, the trial court denied. We reverse the trial... More...   $0 (07-29-2010 - TX)

Michael Sloas, a sheetmetal worker employed by CSX Transportation, Inc. ("CSXT"), injured his back while attempting to remove a damaged Snyder valve from a locomotive’s fuel tank. Subsequently, Sloas applied for and received a disability annuity under the Railroad Retirement Act ("RRA"). See 45 U.S.C. § 231 et seq. Sloas also sued CSXT for negligence under the Federal Employers Liability Act ("... More...   $0 (07-26-2010 - WV)

This suit arises out of a surface use dispute between the owners of the JY Ranch, Thomas Ed Cole and Roy Franklin Cole (the Coles), and the operators of a waterflood partially situated on that ranch. The trial court granted multiple motions for partial summary judgment and certified an interlocutory appeal. We affirm in part and reverse and remand in part.

I. Background Facts

... More...   $0 (07-23-2010 - TX)

Tamika Jones filed suit against her employer, Res-Care, Inc., and another Res-Care employee, Shane McFall, in the United States District Court for the Southern District of Indiana. Jones alleged discrimination because of race and retaliation under Title VII of the Civil Rights Act of 1964. Jones also brought claims under state law for slander per se, negligent supervision and vicarious liability u... More...   $0 (07-18-2010 - IN)

Appellant Matthew Donald Thompson (Thompson) is a white police officer who has been employed by the City of Monrovia Police Department (Department) since 1997. In 2008, he sued the Department for harassment and hostile work environment arising from offensive remarks and behavior directed at an African American colleague, retaliation for Thompson‟s reports of the misconduct, and failure to invest... More...   $0 (07-15-2010 - CA)

When a group of companies conspires to fix prices at higher than a competitive level, the resulting overcharge is paid in the first instance by the direct purchaser of the cartel‟s goods. In markets where the direct purchaser is not also the ultimate purchaser, but an intermediary between the cartel and the consumer (the indirect purchaser), several questions arise: First, who should be permitte... More...   $0 (07-12-2010 - CA)

Plaintiff Ana Yanez sued defendants SOMA Environmental Engineering, Inc., Mansour Sepehr, and Brian Tims (collectively SOMA) for injuries she suffered in an automobile accident. A jury found that SOMA‘s negligence caused Yanez‘s injuries, and returned a special verdict awarding her $150,000 in damages, including $44,519.01 in damages for past medical expenses. After judgment was entered, SOMA ... More...   $0 (06-25-2010 - CA)