Deborah Watts filed the underlying medical malpractice action alleging that her son, Naython Watts, was born with disabling brain injuries because Cox Medical Centers and its associated physicians (collectively, Cox) provided negligent health care services. The jury returned a verdict in favor of Watts and awarded $1.45 million in non-economic damages and $3.371 million in future medical damages. ... More...   $0 (07-31-2012 - MO)

This negligence action grew out of a highway collision in Iowa. Kala Holtkamp was driving at night with her fiancé, Christopher Davis, and her two year old son, K.H., when she collided with the rear of a semi truck driven by Vanya Ilieva Atanasova. Davis was killed, K.H. was seriously injured, and Holtkamp fractured a vertebra in her neck. Holtkamp, K.H.'s father, and representatives for Davis an... More...   $0 (07-24-2012 - IA)

Troy Sampson committed suicide while detained at the Dodge County Jail (DCJ) in Fremont, Nebraska. Sampson’s mother, Sherry Luckert, acting as the personal representative of Sampson’s estate, sued Dodge County and jail officials under 42 U.S.C. § 1983, claiming they were deliberately indifferent to Sampson’s medical needs, violating his due process rights. A jury found Dodge County and DCJâ... More...   $0 (06-23-2012 - NE)

George and Margaret Paeth faced many hurdles from Worth Township in trying to renovate their home. Eventually, they took the Township to court, where a jury awarded them $600,000 on First Amendment retaliation and procedural due process claims. The Paeths did not establish a procedural due process violation, because the process they were afforded was constitutionally sufficient. There was, however... More...   $0 (06-08-2012 - MI)

This appeal and cross-appeal arise from a jury verdict and award of damages and injunctive relief in favor of Doctors Diane Gowski and Sally Zachariah in their discrimination, retaliation, and hostile work environment suit against the Secretary of the Department of Veterans Affairs (VA).1 We must decide whether this circuit recognizes a retaliatory hostile work environment claim and, if so, whethe... More...   $0 (06-04-2012 - FL)

Appellant, Yue Yan, timely appeals the final judgment of the trial court entered in favor of the appellee, Barbara Byers. We agree with Yan that the trial court abused its discretion in denying her motion for new trial because she was not provided reasonable notice of the jury trial. Yan filed a statement of claim against Byers in small claims court, alleging that Byers tortiously interfered with ... More...   $0 (05-16-2012 - FL)

The defendants, United Parcel Service, Inc., and Kevin Trudelle,1 appeal from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Michael Tomick. On appeal, the defendants claim that the court improperly (1) denied their motions to direct and to set aside the verdict with respect to the plaintiff’s claims of negligent infliction of emotional distress and viol... More...   $0 (05-16-2012 - CT)

The central issue presented by this appeal1 is whether General Statutes § 46a-81c (1)2 imposes liability on employers for failing to take reasonable steps to prevent their employees from being subjected to hostile work environments based on their sexual orientation. The plaintiff, Luis Patino, commenced this action against the defendant, his former employer, Birken Manufacturing Company, claiming... More...   $0 (05-15-2012 - CT)

Philip Morris USA, Inc. (“PM USAâ€�) appeals the trial court’s final judgment entered in favor of Elaine Hess, as surviving spouse and personal representative of the estate of her deceased husband, Stuart Hess. PM USA raises three issues on appeal. First, it contends that the trial court erred in denying its motion for judgment as a matter of law on the fraudulent concealment claim because it ... More...   $0 (05-02-2012 - FL)

In Garcetti v. Ceballos, 547 U.S. 410, 421, 126 S. Ct. 1951, 164 L. Ed. 2d 689 (2006), the United States Supreme Court concluded ‘‘that when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for [f]irst [a]mendment1 purposes, and the [c]onstitution does not insulate their communications from employer discipline.’’ The principal i... More...   $0 (05-01-2012 - CT)

The plaintiff, Carmen I. Perez-Dickson, brought this action claiming that the defendants, the board of education of the city of Bridgeport (board), Henry R. Kelly, the former assistant superintendent of the Bridgeport public schools (school district), and Daniel Shamas,1 the former acting superintendent of the school district, disciplined her for exercising her rights guaranteed by the first amend... More...   $0 (05-01-2012 - CT)

This case arises from a dispute between a lessee and its commercial landlord. Appellants, Mary Gret McKenzie d/b/a Gen’s Antiques and Mary Gret McKenzie (collectively, “Gen’s Antiquesâ€�), leased retail spaces in an antiques mall from appellee, Positive Action International, Inc. d/b/a Grace Hart & Co. (“Hart & Co.â€�). Gen’s Antiques alleged multiple causes of action, including const... More...   $0 (04-26-2012 - TX)

Lorne Jackson, appellee, sued the appellant, Marquette Transportation Company Gulf-Inland, LLC (“Marquetteâ€�), under the Jones Act for personal injuries he sustained while employed on one of Marquette’s vessels. Following a bench trial, the trial court entered judgment in Jackson’s favor. In three issues, Marquette argues that (1) the evidence and findings of fact do not support the concl... More...   $0 (04-26-2012 - TX)

In this asbestos personal injury case, a jury found ArvinMeritor, Inc. (ArvinMeritor) liable to Gordon and Emily Bankhead1 for compensatory and punitive damages. On appeal, ArvinMeritor does not challenge the jury‟s verdicts as to liability or the amount of compensatory damages. It contends only that the trial court erred in declining to reduce the amount of punitive damages awarded by the jury.... More...   $0 (04-19-2012 - CA)

The defendant Club, LLC, appeals from the judgment of the trial court, following a jury trial, rendered in favor of the plaintiff, Patrick Wood.1 On appeal, the defendant claims that (1) the court improperly allowed the plaintiff’s expert to testify, (2) the court erred in refusing to instruct the jury on liability for actions of third parties, (3) the evidence was insufficient to establish that... More...   $0 (04-17-2012 - CT)

Jose and Nayeli Carrillo, father and daughter, sued Boise Tire Co. (Boise Tire), alleging that Boise Tire improperly performed a tire rotation on their vehicle and that as a result, the Carrillos and Marisela Lycan, Jose’s partner and Nayeli’s mother, were in a motor vehicle accident. Marisela was killed, Jose was injured, and eighteen-month old Nayeli underwent testing that revealed no physic... More...   $0 (04-13-2012 - ID)

In this fraud in the inducement action against the general partners of a limited partnership, a jury found in favor of respondent George J. Miske, as assignee of a limited partner‟s fraud claim, and the court entered judgment for $1,408,212.07, including compound prejudgment interest. Following the denial of posttrial motions, the court awarded Miske substantial attorney fees, based on the attor... More...   $0 (04-12-2012 - CA)

This Court granted a petition for a writ of certiorari to review the decision in Fairchild v. South Carolina Department of Transportation, 385 S.C. 344, 683 S.E.2d 818 (Ct. App. 2009). The Court of Appeals affirmed in part, reversed in part, and remanded for a new trial a negligence action arising from a motor vehicle accident. In relevant part, the Court of Appeals determined (1) Marilee Fairch... More...   $0 (04-11-2012 - SC)

Wachovia Bank National Association appeals from judgment entered on a jury verdict in favor of Arthur and Virginia Beane. Wachovia contends the trial court erred in denying its motion for a new trial absolute. We agree and reverse.

I. Facts and Procedural History

In January 2002, the Beanes borrowed $370,473.41 from Wachovia to start a new business. As security for the loan, the... More...   $0 (04-04-2012 - SC)

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)

In this diversity action, Defendant United Parcel Service, Inc. (“UPSâ€�) appeals following a jury verdict awarding Plaintiff Keith Jones (“Jonesâ€�) over $2.5 million in actual and punitive damages based on UPS’s retaliatory discharge in violation of Kansas common law. See Gonzalez-Centeno v. N. Cent. Kan. Reg’l Juvenile Det. Facility, 101 P.3d 1170, 1173 (Kan. 2004) (describing common la... More...   $0 (03-05-2012 - KS)

On March 4, 2009, appellant, Yiannis Yiallouros,1 filed suit in the Circuit Court for Montgomery County, against appellee, John David Tolson, and alleged that appellee was liable in negligence for damages, including pain and suffering, medical expenses, loss of present and future earnings, and loss of consortium. On April 28, 2010, the jury found in favor of appellant and awarded $32,000.88 for pa... More...   $0 (03-02-2012 - MD)

Among the several issues we address in this appeal is whether the Circuit Court of the City of Newport News ("trial court") erred when it permitted the jury to award nonpecuniary damages in a wrongful death action of a Navy sailor for asbestos exposure that occurred both in territorial waters and on the high seas.

I. Facts and Proceedings Below

Robert Eugene Hardick ("Hardick") filed... More...   $5977482 (03-02-2012 - va)

In this appeal, we address the factors that the district court must consider when determining whether to grant or deny a motion for a preferential trial date to avoid the expiration of NRCP 41(e)’s five-year period. We conclude that, in accordance with our decision in Monroe, Ltd. v. Central Telephone Co., 91 Nev. 450, 456, 538 P.2d 152, 156 (1975), when evaluating such a motion, the district co... More...   $0 (03-01-2012 - NV)

Appellants, Heritage Communities, Inc. (HCI), Heritage Magnolia North, Inc. (HMNI), and BuildStar Corporation (BuildStar) (collectively, Appellants), seek review of the jury's verdict in this construction defect action.[1] Appellants assign error to the trial court's: (1) finding of an amalgamation of Appellants' corporate interests, entities, and activities so as to blur the legal distinction b... More...   $0 (02-15-2012 - SC)