The issues in this appeal relate to insurance claims settlement practices of a primary and an excess insurance carrier. Marcia Rhodes [FN3] received catastrophic injuries including permanent paraplegia when a tractor trailer hit the rear end of her car in January of 2002. She; her husband, Harold; and her daughter, Rebecca (collectively, plaintiffs or family) brought a tort action against, among o... More...   $0 (02-10-2012 - MA)

In this case, we have been asked to sit in judgment once again in the case of McQuitty v. Spangler, about which we previously opined, 410 Md. 1, 976 A.2d 1020 (2009) (hereinafter McQuitty I). In a series of post-trial motions following McQuitty I, Appellant, Dr. Donald Spangler, moved to reduce the verdict in favor of the Appellees, Dylan McQuitty and his parents Peggy and Gary McQuitty. After the... More...   $0 (01-27-2012 - MD)

The City of Laredo appeals a judgment awarding attorney’s fees to the appellees (“Montano Familyâ€�) after a jury found that the City of Laredo intended to condemn property owned by the Montano Family for an unauthorized use. The City of Laredo challenges: (1) the legal and factual sufficiency of the evidence to support the attorney’s fees awarded to the Montano Family; (2) the authority to ... More...   $0 (01-19-2012 - TX)

The Equal Employment Opportunity Commission (“EEOCâ€�) brought this action on behalf of two servers, Katrina Shisler and Michelle Powell, who were employed at an International House of Pancakes franchise in Racine, Wisconsin (the “Racine IHOPâ€�), alleging that the servers were sexually harassed in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. A jury foun... More...   $0 (01-09-2012 - WI)

This appeal is from the trial court's entry of a judgment on remand from the Texas Supreme Court. Finding the trial court erred in the calculation of damages and the award of postjudgment interest, we reverse and remand.

Background

Because the underlying facts of this case are well-known to the parties, we focus only on those facts germane to this appeal. This medical malpractice... More...   $0 (01-05-2012 - TX)

Defendants Alpine Realty Now, Inc. (Alpine), Patrick Shaw (Shaw) and Donna Danyo (Danyo), appeal as of right a final judgment in favor of plaintiffs, Kasey, Inc., Karl Samuels, Jr. (Karl) and Christina Samuels (Christina), in this multifaceted civil case regarding the sale of the Tree House Bar and Grill. On appeal, defendants argue that (1) the evidence was insufficient to find defendants liable ... More...   $0 (01-03-2012 - MI)

In this certified appeal, we must examine the delicate balance between two of the most basic principles of our law: the constitutional right of litigants to have the jury determine the amount of damages awarded; and the trial court’s broad authority to supervise the trial process. The defendant Ribeiro Trucking, LLC,1 appeals from the judgment of the Appellate Court,2 which reversed the judgment... More...   $0 (12-27-2011 - CT)

This appeal stems from a suit against the law firm of Becker & Poliakoff for legal malpractice and breach of fiduciary duty. Jacquelyn Young appeals from the trial court’s order remitting the jury’s $4.5 million punitive damages award against Becker & Poliakoff to $2 million, or alternatively, granting a new trial on punitive damages. Becker & Poliakoff cross-appeals, contending that it was en... More...   $0 (12-21-2011 - FL)

¶1 We granted certiorari for the sole purpose of determining whether the trial court erred in granting a motion for new trial where the jury awarded damages of $13,663.00 in a wrongful death action to the estate of a mother leaving behind five minor children. In so doing, we emphasize that Clark v. Bearden, 1995 OK 71, 903 P.2d 309 supports the granting of a new trial where the inadequacy or exces... More...   $0 (12-20-2011 - OK)

¶1 We granted certiorari for the sole purpose of determining whether the trial court erred in granting a motion for new trial where the jury awarded damages of $13,663.00 in a wrongful death action to the estate of a mother leaving behind five minor children. In so doing, we emphasize that Clark v. Bearden, 1995 OK 71, 903 P.2d 309 supports the granting of a new trial where the inadequacy or exce... More...   $0 (12-20-2011 - OK)

The last opinion we issued in this case, Ash v. Tyson Foods, Inc., 392 F. App’x 817 (11th Cir. 2010) (Ash IV), was the fourth one in a series from this Court. See Ash v. Tyson Foods, Inc., 31 F. App’x 938 (11th Cir. 2002) (Ash I); Ash v. Tyson Foods, Inc., 129 F. App’x 529 (11th Cir. 2005) (Ash II), vacated, 546 U.S. 454, 126 S. Ct. 1195 (2006), reinstated, Ash v. Tyson Foods, Inc., 190 F. A... More...   $0 (12-16-2011 - AL)

This is an appeal from a jury verdict in favor of appellee following a suit for slander. Because we conclude the evidence is legally insufficient to support the jury findings on liability and on damages, we reverse and render a take-nothing judgment against appellee and in favor of appellant.

BACKGROUND

Appellant, Juan Oliva, and appellee, Pioquinto Davila, have known each other ... More...   $0 (12-14-2011 - TX)

Dell Cullum appeals the judgment awarding Dalene White actual and punitive damages on her libel claim and the permanent injunction entered as a pretrial sanction.

BACKGROUND

White is the owner of Diamond A Ranch in Leakey, Texas, which among other enterprises, operates an exotic game ranch. White and her family are well known in the community as long-time residents and ranchers. Whit... More...   $0 (12-14-2011 - TX)

[¶1] ExpressJet Airlines, Inc., appeals from a judgment of the Superior Court (Cumberland County, Warren, J.) following a jury verdict finding that ExpressJet discriminated against Edward Russell based on his sexual orientation. ExpressJet argues that (1) it was entitled to judgment as a matter of law on liability; (2) the court applied the incorrect statutory cap on damages; and (3) the court er... More...   $0 (12-06-2011 - ME)

This dispute pertains to an alleged breach of an oral agreement between appellant, Doug Homeyer, and appellee, Jason Farmer. After a bench trial, the trial court concluded that Homeyer had breached his oral agreement with Farmer and subsequently awarded Farmer $14,263.14 in actual damages, $3,877 in attorney’s fees, post-judgment interest, and costs of court. By seven issues, Homeyer challenges ... More...   $0 (12-03-2011 - TX)

This case is before the Court upon the appeal of the defendants below Norfolk Southern Railway Company, Norfolk Southern Corporation, James D. Farley, and Charles Paxton (hereinafter “petitionersâ€�). In this malicious prosecution case, the petitioners appeal from the March 24, 2010, final order of the Circuit Court of Mason County, in which the circuit court denied their post-trial motions for ... More...   $0 (11-23-2011 - WV)

In Companioni v. City of Tampa, 51 So. 3d 452, 456 (Fla. 2010), the supreme court quashed our decision in City of Tampa v. Companioni, 26 So. 3d 598 (Fla. 2d DCA 2009), and held that a party seeking a new trial based on the cumulative misconduct of opposing counsel must not only object to each instance of misconduct, but, if the objection is sustained, must also move for a mistrial in order to pre... More...   $0 (11-23-2011 - FL)

A jury found Karen Grindle guilty of claims brought pursuant to 42 U.S.C. § 1983 and 20 U.S.C. § 1681 for her failure to prevent the sexual abuse of several female middle school students by their band teacher, Robert Sperlik. Grindle was the principal of the South Berwyn School District 100 when the abuse occurred; Sperlik pled guilty to multiple counts of aggravated kidnaping and aggravated cri... More...   $0 (11-23-2011 - IL)

Plaintiffs Angelina Morfin Vargas and Mark Dierolf sued defendants City of Salinas and city manager, David Mora (collectively City), for alleged misuse of public funds. The suit was dismissed as a SLAPP1 under Code of Civil Procedure section 425.16, the so-called anti-SLAPP law.2 The ensuing judgment was affirmed by this court and by the Supreme Court. (Vargas v. City of Salinas (2009) 46 Cal.4th ... More...   $0 (11-18-2011 - CA)

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 (10-24-2011 - KS)

Phillip and Benita Young appeal the trial court’s summary judgment rendered in favor of Emilio and Mary Sanchez, claiming in part that the court had no jurisdiction to grant summary judgment. We affirm the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

This case began in 2003 as a dispute between neighbors Phillip and Benita Young and Emilio and Mary Sanchez over a con... More...   $0 (10-13-2011 - TX)

Plaintiffs, the recording companies Sony BMG Music Entertainment, Warner Brothers Records Inc., Arista Records LLC, Atlantic Recording Corporation, and UMG Recordings, Inc. (together, "Sony"), brought this action for statutory damages and injunctive relief under the Copyright Act, 17 U.S.C. § 101 et seq. Sony argued that the defendant, Joel Tenenbaum, willfully infringed the copyrights of thirty ... More...   $0 (09-16-2011 - MA)

A.S.A.P. Fire & Safety Corporation and its owners Joseph Sheedy and Brian Cote (collectively "A.S.A.P."), appeal from a district court judgment. Fryer v. A.S.A.P. Fire & Safety Corp., No. 1:09-CV-10178 (D. Mass. Jan. 25, 2010) (Final Judgment). The district court awarded damages against A.S.A.P. for violating the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4311 et seq... More...   $0 (09-09-2011 - MA)

The last time plaintiff e360 Insight, Inc. came before this court, we affirmed the district court’s entry of default judgment against defendant The Spamhaus Project. All that remained was for e360 to make a reasonable showing of its damages.

After a bench trial on the issue, the district court awarded e360 a mere $27,002, a far cry from the millions of dollars that e360 sought. Both parti... More...   $3 (09-02-2011 - IL)

Now before us are four appeals in a case brought by Dr. Sagun Tuli, a female neurosurgeon, against her employer Brigham and Women's Hospital ("the Hospital") and her former co-worker and supervisor Dr. Arthur Day. The first appeal was by the Hospital from a preliminary injunction sought and obtained by Tuli; the three more recent appeals followed a jury verdict awarding Tuli damages against the de... More...   $0 (08-29-2011 - MA)