The appellants, Alicia Montesinos and Hughette Esquivel (collectively “Appellants”), appeal from a final judgment entered in favor of the appellee, Javier Zapata (“Zapata”) and from post-trial orders denying their motions for a new trial, remittitur, and judgment in accordance with motion for directed verdict and/or for judgment notwithstanding the verdict. We reverse in part and affirm in... More...   $0 (08-04-2010 - FL)

The primary issue in this appeal deals with jurisdiction under the Right to Farm Act (Act), N.J.S.A. 4:1C-1 to -10.4, in the context of a private nuisance claim. Defendants Raymond L. Raub, III (Raub) and his wife Gail A. Raub own a 34 acre farm straddling Harmony and Lopatcong Townships in Warren County. In addition to that property, Raub also conducts farming operations on about 120 contigu... More...   $0 (07-30-2010 - NJ)

Appellants, Pablo Turull and Ruth Turull, appeal the trial court’s rendition of a judgment that excluded the attorney’s fees awarded to the Turulls by the jury. Appellants argue that the trial court erred by granting a judgment notwithstanding the verdict on the issue of their attorney’s fees.

We reverse and render judgment.

Background

In April 2001, William E. Fe... More...   $0 (07-29-2010 - TX)

Appellant, THI of Texas at Lubbock I, LLC, (THI), d/b/a Southwest Regional Specialty Hospital (Southwest Hospital) appeals from a judgment entered following a jury trial in a medical malpractice action seeking wrongful death and survival damages in favor of Appellees, Max Perea, Mario Perea, Tony Perea, and George Perea (collectively Perea), and the estate of their deceased father, Jacob Perea (Ja... More...   $0 (07-28-2010 - Tx)

Kevin Fischer sued his former employer, United Parcel Service, Inc. (UPS), accusing it of firing him in retaliation for (1) a previous race discrimination lawsuit he brought against the company; and (2) filing several internal complaints. A jury returned a verdict in Fischer’s favor, awarding him back pay, compensatory damages, and punitive damages. UPS filed a post-trial motion challenging the ... More...   $0 (07-27-2010 - MI)

The defendants, NRT, Inc. d/b/a Coldwell Banker Residential Brokerage (Coldwell Banker) and Frank C. Schoenthaler, appeal the Superior Court’s (Smukler, J.) denial of their motion for judgment notwithstanding verdict (JNOV) and remittitur upon the jury verdict against them for breach of contract and negligent misrepresentation and upon the jury verdict against them for their counterclaims agains... More...   $0 (07-23-2010 - NH)

Deborah Dash brought a medical malpractice claim against Dr. Grant Roderer based on a procedure he performed to relieve her back pain. A jury awarded Dash roughly $1.4 million in compensatory damages. The superior court awarded Dash costs under Alaska Civil Rule 79 and attorney’s fees under Alaska Civil Rule 68. Dr. Roderer appeals from the denial of his motions to dismiss, for judgment notwiths... More...   $0 (07-02-2010 - AK)

This case involves an extended drought, missing cattle, and feuding neighbors. In 2002 these factors sparked litigation over the auction of thirteen head of wandering cattle, culminating in a judgment for actual and exemplary damages. Today we clarify the standards for reviewing exemplary damages, which the United States Supreme Court has subjected to increasingly strict due-process scrutiny.
... More...   $0 (06-25-2010 - TX)

{1} In virtually all claims sounding in tort, our common law permits punitive damages where appropriate to punish outrageous conduct and to deter similar conduct in the future.

Similarly, in New Mexico all labor unions owe a common-law duty of fair representation (also referred to herein as “DFR”) to their members and are subject to suit for breach of that duty. In the case at bar, we a... More...   $0 (06-22-2010 - MN)

The defendant Transportation General, Inc., doing business as Metro Taxi (Metro),1 appeals from the judgment of the trial court denying its motions for remittitur and to set aside the jury verdict, which had been rendered in favor of the plaintiff, Jermaine D. Deas. On appeal, Metro claims that the court improperly denied (1) its motions for remittitur or to set aside the verdict when the jury ver... More...   $0 (06-22-2010 - CT)

In this medical malpractice case, which returns to us for a second time,1 we consider two separate appeals. In the first appeal (Docket No. SC 17744), the defendant Scott Casper, a gynecologist, his employer, the named defendant, County Obstetrics and Gynecology Group, P.C. (County Obstetrics), and the defendant Yale University School of Medicine,2 appeal from the judgment of the trial court, rend... More...   $5200000 (06-22-2010 - CT)

Robert McBride entered into a three-year Employment Agreement with Market Street Mortgage Company (Market Street) in which it agreed to pay him $230,000 in Annual Base Salary. Approximately seven months into the Agreement, Market Street sent McBride a letter informing him his salary was being reduced to $85,000. Believing he had suffered a “reduction by the Company in [his] Annual Base Salary”... More...   $0 (06-02-2010 - WY)

This is an appeal from a judgment for compensatory damages for breach of an insurance contract, from an award of punitive damages for insurance bad faith, and from the award of attorney fees. The district court ordered a new trial on punitive damages unless the plaintiffs accepted a remittitur, and they cross appeal from that order. We affirm the judgment for compensatory damages, we vacate the aw... More...   $0 (06-01-2010 - ID)

Albert Lee (Lee) appeals from an order that granted respondents‘ motion to compel Lee to acknowledge the satisfaction of a prior order for attorney fees and costs (Code Civ. Proc., § 724.050) and denied in part Lee‘s motion for other attorney fees and costs incurred in the proceeding.1 The appeal reflects the complexities that can arise when a party who prevailed on an anti-SLAPP motion to st... More...   $0 (05-28-2010 - CA)

Dr. Jonathan S. McGlothan attempted to correct Tracey Wallace’s vision problems through eye surgery, but the procedure ended up causing more harm than good. Tracey and Eric Wallace brought a diversity suit against Dr. McGlothan for medical malpractice under Indiana law. After a trial on causation and damages, the jury returned a verdict for the Wallaces and awarded nearly $700,000 in damages. On... More...   $700000 (05-27-2010 - IN)

This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur... More...   $0 (05-18-2010 - CT)

Tyson Foods, Inc., appeals the judgment entered on a jury award of compensatory and punitive damages in this sexual harassment and constructive discharge action brought under Title VII of the Civil Rights Act and its state counterpart, the Kentucky Civil Rights Act. 42 U.S.C. § 2000e, et seq.; Ky. Rev. Stat. § 344.040. Tyson challenges the sufficiency of the evidence, the adequacy of the jury in... More...   $750000 (04-27-2010 - KY)

The central event underlying this case evokes what is surely every parent’s most visceral fear. In the early morning hours of June 6, 2004, three-yearold Riley Fox was taken from her home in Wilmington, Illinois. She was bound with duct tape, sexually assaulted, and drowned in a creek. Riley’s parents, Kevin and Melissa Fox, claim that in the midst of their efforts to cope with this trauma, lo... More...   $0 (04-07-2010 - IL)

This case requires us to assess the constitutionality of OCGA § 51-13-1, which limits awards of noneconomic damages in medical malpractice cases to a predetermined amount. The trial court held that the statute violates the Georgia Constitution by encroaching on the right to a jury trial, the governmental separation of powers, and the right to equal protection. Based on our review of the record an... More...   $0 (03-26-2010 - GA)

In this insurance bad faith case, respondent Amerigraphics, Inc. (Amerigraphics) sued its insurer, appellant Mercury Casualty Company (Mercury), after Amerigraphics‘s business premises were flooded, and Mercury denied full coverage under the policy. There are two primary issues on appeal.

First, what is the meaning of the ―Business Income‖ coverage in the policy which states that Me... More...   $0 (03-23-2010 - CA)

Donald C. Austin (Austin) filed suit against Stokes-Craven Holding Corporation d/b/a Stokes-Craven Ford (Stokes-Craven), an automobile dealership, after he experienced problems with his used vehicle and discovered the vehicle had sustained extensive damage prior to the sale. A jury found in favor of Austin and awarded him $26,371.10 in actual damages and $216,600 in punitive damages.

Stoke... More...   $0 (03-09-2010 - SC)

Midwest Division – RMC, LLC (RMC) appeals the trial court‟s judgment upon a jury verdict finding for U.S. Neurosurgical, Inc. (USN) and awarding $1,919,124.49 in damages to USN on its breach of contract claim. On appeal, RMC claims that the trial court erred in denying RMC‟s motions for directed verdict and judgment notwithstanding the verdict because USN failed to make a submissible case fo... More...   $0 (03-02-2010 - MO)

Our concern is with the threshold of appealability. The particular aspect thereof that commands our attention is the collateral order doctrine. Does the denial in this case of a motion to quash a discovery order qualify as a privileged collateral order within the contemplation of the doctrine? Or shall its review more properly await a final judgment?

The Procedural Background

The app... More...   $0 (03-01-2010 - MD)

This case presents two issues concerning damages under the Family Medical Leave Act of 1993 (“FMLA”). 29 U.S.C. §§ 2601-2654 (2006). In an issue of first impression, we consider whether the court, rather than the jury, determines the amount of the front pay award1 and whether the district court’s calculation of that award was clearly erroneous. Second, we address whether the district court... More...   $0 (02-26-2010 - OR)

In the case before us, petitioner Christy Aills seeks review of the decision of the Second District Court of Appeal in Aills v. Boemi, 990 So. 2d 540 (Fla. 2d DCA 2008).1 In that case, the Second District Court of Appeal reversed a judgment in favor of Aills, the patient, in a medical malpractice action against the defendant plastic surgeon, Dr. Luciano Boemi, arising out of negligence in connecti... More...   $0 (02-26-2010 - FL)