Remittitur Law
 
Ernie Haire Ford, Inc. v. Benjamin Atkinson

In 2006, Benjamin Atkinson sued his former employer, Ernie Haire Ford, Inc. (EHF), for age discrimination. A jury trial resulted in a judgment for Atkinson. Atkinson was awarded $300,000 in past wages, $1,489,830.50 in future wages, $3,579,661 in past and future pain and suffering, and $500,000 in punitive damages.

EHF filed motions seeking a juror interview, new trial, and remittiturs on b... More...
   $0 (01-28-2011 - FL)

Melissa Howard v. City of Kansas City, Missouri

The City of Kansas City ("the City") appeals a judgment based on a jury verdict awarding compensatory and punitive damages to Melissa Howard for discrimination by the city council ("the council") when it rejected a panel of three Caucasian women nominated for the municipal division of the circuit court because of their race.

The judgment is affirmed.

II. FACTS AND PROCEDURAL HISTORY<... More...
   $0 (01-25-2011 - MO)

Glenda Sue Claus v. Intrigue Hotels, L.L.C.

Intrigue Hotels, L.L.C. appeals from a judgment entered in the Circuit Court of Jackson County in favor of Glenda Claus in her action for age discrimination, awarding her $50,000.00 in actual damages and $150,000.00 in punitive damages. For the following reasons, the judgment is affirmed.

Claus started working at the Park Place Hotel in Kansas City, Missouri, in 1984 as a room attendant. ... More...
   $0 (12-28-2010 - MO)

Wallace C. Leyshon v. Diehl Controls North America, Inc.

The plaintiff, Wallace C. Leyshon, brought suit against the defendants, Diehl Controls North America, Inc. (DCNA) and Christoph Weigand,1 alleging their breach of an employment contract, violation of the Illinois Wage Payment and Collection Act (820 ILCS 115/1 et seq. (West 2006)), and defamation. Following trial, the jury returned a verdict for the plaintiff and awarded damages. On the defamation... More...   $0 (12-27-2010 - IL)

Randy Lenzke v. Brinkmann Pools, LLC

This case consolidates two appeals brought by Brinkmann Pools, LLC (“Brinkmann”).[1] In the 2009 appeal, Brinkman appeals from the trial court order granting summary judgment dismissing Hastings Mutual Insurance Company (“Hastings”). In the 2010 appeal, Brinkmann appeals the order granting judgment on the jury verdict in favor of Randy and Sheryl Lenzke.[2] We affirm both appeals.
<... More...
   $0 (12-21-2010 - WI)

Charles J. Farley v. Country Coach Incorporated

In this diversity action, Defendant-Appellant Country Coach, Inc. appeals a $191,784 jury verdict for Plaintiff-Appellee Charles Farley on a claim for breach of the implied warranty of merchantability on Farley’s 2004 Country Coach Magna motor home. In particular, Country Coach alleges that the district court erred by reversing its grant of summary judgment on Farley’s implied-warranty claim, ... More...   $0 (12-15-2010 - MI)

Valley View Angus Ranch, Inc. v. Duke Energy Field Services, L.P.

In this diversity action, Valley View Angus Ranch, Inc. and its President, Otis Culpepper (plaintiffs), sued Duke Energy Field Services, LP (now known as DCP Midstream, LP), to recover damages for injury caused when Duke’s oil-and-gas pipeline underlying Valley View’s property leaked condensate. Plaintiffs’ amended complaint raised claims for private and public nuisance, trespass, unjust enr... More...   $0 (12-06-2010 - OK)

Trend Gathering & Treating, LP v. Laura W. Moore, in her capacity as Trustee of the Laura W. Moore Living Trust, and Moore Pipeline Corridor, LLC

This is a land condemnation case. Trend Gathering and Treating, LP condemned a 50-foot permanent pipeline easement and a 20-foot temporary workspace easement across property owned by Laura Moore, in her capacity as trustee of the Laura W. Moore Living Trust. The jury assessed the value of the easement taken at $25, 528 and the damage to the remainder at $222,642. The trial court entered judgmen... More...   $0 (12-01-2010 - TX)

Trend Gathering & Treating, LP v. Laura W. Moore, in her capacity as Trustee of the Laura W. Moore Living Trust, and Moore Pipeline Corridor, LLC

This is a land condemnation case. Trend Gathering and Treating, LP condemned a 50-foot permanent pipeline easement and a 20-foot temporary workspace easement across property owned by Laura Moore, in her capacity as trustee of the Laura W. Moore Living Trust. The jury assessed the value of the easement taken at $25, 528 and the damage to the remainder at $222,642. The trial court entered judgmen... More...   $0 (12-01-2010 - TX)

Kim Pelletier v. Town of Somerset

The plaintiff, Kim Pelletier, worked as a laborer for the highway department of the town of Somerset (town) from 1984 to 2000. In 2003, after first filing a complaint with the Massachusetts Commission Against Discrimination (MCAD), the plaintiff commenced an action in the Superior Court against the town and the highway department seeking damages for discriminating against her on the basis of gende... More...   $0 (11-30-2010 - MA)

Sandy Corbin v. Phelan Thomas, D.D.S.

The jury found Dr. Phelan Thomas seventy-five percent at fault and the plaintiff, Sandy Corbin, twenty-five percent at fault in this dental malpractice case resulting from Dr. Thomas’s prescription of, and Corbin’s ingestion of amoxicillin, to which she is allergic. On appeal, Dr. Thomas contends causation was not proved and the district court erred in failing to grant a new trial. In the alte... More...   $0 (11-24-2010 - IA)

Donald P. Ellison, Jr. v. Denis Balinski

Plaintiff Ronald P. Ellison, Jr. was awarded $100,000 in compensatory damages after a jury trial of his claim under 42 U.S.C. § 1983, alleging a violation of his Fourth Amendment right against unreasonable searches and seizures.

The case arises out of a search of Plaintiff’s residence and seizure of various property pursuant to a search warrant applied for by Defendant Denise Balinski,... More...
   $0 (11-12-2010 - MI)

Richard Denton v. Good Way Oil 902 Corp.

This contract to sell commercial real estate failed to close. The buyer sued the seller for specific performance and other equitable relief. It also sued other defendants for intentional interference with the contract and slander of title. The claims were tried simultaneously to a jury (money damages) and the judge (equitable claims). As Murphy’s law would predict, the jury went one way and the ... More...   $0 (11-10-2010 - FL)

Kimberly Sykes v. Derrick Anderson

In 2004, the Michigan Court of Appeals overturned Kimberly Sykes’s and Tevya Urquhart’s convictions for the state crimes of “Larceny by Conversion” and “False Report of a Felony” on the grounds that their convictions were based on mere “speculation” and “layers of impermissible inferences.” After their release from prison, Sykes and Urquhart (“the Plaintiffs”) brought 42 U.... More...   $0 (11-09-2010 - MI)

Archie D. Thompson, Jr. v. Memorial Hospital of Carbondale

Archie D. Thompson, Jr. was the only African-American paramedic in the Southern Illinois Regional Emergency Medical System. He was reduced to probationary status after he assisted a diabetic patient in her home but did not call medical control after the patient declined further treatment, even though other paramedics had handled diabetic patient responses the same way and were not disciplined. A j... More...   $0 (11-05-2010 - IL)

Richard Elliott and West Texas Centers for MHMR v. Gregory Hollingshead

This is a wrongful death and survival action arising from an automobile accident. Appellants, Richard Elliott and West Texas Centers for MHMR (MHMR), appeal from the trial court’s judgment allocating settlement proceeds. We reverse the trial court’s judgment and remand this cause to the trial court for further proceedings consistent with this opinion.

Background

On ... More...
   $0 (11-01-2010 - )

The Smart Marketing Group, Inc. v. Publications International, Ltd.

Online commerce has ballooned in importance over recent years, and it is no surprise that automobile dealers are among those who are interested in exploiting its possibilities. This case, brought under the diversity jurisdiction, involves an effort by two companies to develop programs that would deliver location-specific, brand specific, internet sales leads to auto dealers. Publications Internati... More...   $0 (10-28-2010 - IL)

Melvin Houston and Houston Synthesized Investments, LLC v. Christine Badeaux Ludwic

Melvin Houston (“Houston”) and Houston Synthesized Investments, LLC (“HSI”) appeal from the trial court’s judgment in favor of Christine Ludwick on her claims for (1) breach of fiduciary duty against Houston; and (2) unjust enrichment against Houston and HSI. We affirm.

BACKGROUND

I. Overview

This appeal arises from a jury trial on claims in connection... More...
   $0 (10-21-2010 - TX)

Charles Been v. O.K. Industries, Inc.

Plaintiffs-Appellees (“Growers”) filed this action alleging that Defendants- Appellants O.K. Industries, Inc., O.K. Farms, Inc., O.K. Foods, Inc., and O.K. Broiler Farms Limited Partnership (collectively “OK”) violated § 202(a) of the Packers and Stockyards Act (PSA), 7 U.S.C. § 192(a). After a jury trial, the Growers prevailed on their claim and were awarded $21,141,975, which the distr... More...   $0 (10-13-2010 - OK)

In Re: Universal Service Fund Telephone Billing Practice Litigation

This multidistrict litigation involves multiple class action lawsuits arising from the billing practices of defendant AT&T Corporation. Each class of plaintiffs challenged the lawfulness of a monthly line-item charge defendant imposed on its customers to recover contributions to the federal Universal Service Fund (“USF”) required by 47 U.S.C. § 254. One subclass of plaintiffs, comprising all ... More...   $0 (09-20-2010 - CA)

Cast Art Industries, L.L.C. v. KPMG, L.L.P.

This appeal presents significant issues regarding the interpretation of the Accountant Liability Act, N.J.S.A. 2A:53A- 25, which delineates the circumstances under which an accountant may be held liable for accounting malpractice to a party other than the accountant's client. The appeal also presents significant issues regarding the elements of a cause of action for accounting malpractice and the ... More...   $0 (08-27-2010 - NJ)

Giani Fasani v. Christian Kowalski

The appellants, Giani Fasani (“Fasani”) and 420 Lincoln Road Associates, Ltd. (“Lincoln”) (collectively “appellants”), appeal from a final judgment entered in favor of the appellee, Christian Kowalski (“Kowalski”). The appellants raise two issues. First, they argue that counsel for Kowalski engaged in improper arguments such that the trial court abused its discretion in denying the... More...   $0 (08-26-2010 - FL)

James Howard v. American National Fire Insurance Company

James Howard, a young man molested as a child by a Catholic priest, sued the Bishop who retained the priest in the diocese. A jury found the Bishop liable for negligent retention, and the court entered judgment in the amount of $5.5 million: $2.5 million in compensatory damages and $3 million in punitive damages. The Bishop settled with Howard while the case was on appeal, and agreed to join Howar... More...   $0 (08-19-2010 - CA)

Christy Aills v. Luciano Boemi, M.D.

In Aills v. Boemi, 29 So. 3d 1105 (Fla. 2010), the Supreme Court of Florida quashed, in part, this court's decision in Aills v. Boemi, 990 So. 2d 540 (Fla. 2d DCA 2008). Accordingly, the mandate of this court issued in this case on October 17, 2008, is withdrawn; the opinion and judgment of this court filed on June 13, 2008, is withdrawn and vacated insofar as it is in conflict with or fails to co... More...   $0 (08-11-2010 - FL)

Timothy S. Therrien v. Target Corporation

Timothy Therrien was stabbed when he tried to help apprehend a shoplifter at a Target store. He sued Target Corporation for negligently causing his injuries.

After trial in the United States District Court for the Northern District of Oklahoma, the jury awarded Mr. Therrien $500,000 in damages. Target appeals, contending that (1) there was insufficient evidence to support the verdict, (2)... More...
   $0 (08-09-2010 - OK)

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