TRG Night Hawk Ltd., TRG Night Hawk, Inc., and The Related Companies of Florida (collectively TRG) appeal an amended final judgment entered in favor of Registry Development Corporation (the Buyer) on its negligent misrepresentation and Florida Deceptive and Unfair Trade Practices Act claims. Because the trial court erred as a matter of law in denying TRG's motion for a directed verdict, we reverse... More...   $0 (08-12-2009 - FL)

Tamatha and Hannah Nealy (collectively, ―The Nealys‖) appeal the grant of American Family Insurance’s motion for setoff and the denial of their motion to correct error and for additur. We reverse and remand for entry of judgment in the amount of the verdicts the jury originally returned.1

FACTS AND PROCEDURAL HISTORY2

The Nealys were involved in a collision with a car Shada... More...   $0 (08-11-2009 - IN)

Plaintiffs George Drummond, Rebecca Drummond, and Jesse Marion brought this action against their former attorney, Michael Desmarais, and others, alleging that Desmarais maliciously prosecuted two previous suits against plaintiffs, one seeking to recover fees claimed under a contract to provide legal services to plaintiffs in connection with the estate of their deceased father, and the other allegi... More...   $0 (08-07-2009 - CA)

Plaintiffs George Drummond, Rebecca Drummond, and Jesse Marion brought this action against their former attorney, Michael Desmarais, and others, alleging that Desmarais maliciously prosecuted two previous suits against plaintiffs, one seeking to recover fees claimed under a contract to provide legal services to plaintiffs in connection with the estate of their deceased father, and the other allegi... More...   $0 (08-05-2009 - CA)

This is a products liability wrongful death case. Derek Martin, a firefighter, died trying to rescue a fellow firefighter who was lost inside a burning building. Martin's family sued the manufacturers of the firefighters' equipment, Survivair Respirators, Inc. ("Survivair") because of alleged malfunctioning of equipment that contributed to Martin's death. The jury returned a verdict in favor of Ma... More...   $0 (08-04-2009 - MO)

In this appeal and cross-appeal, we address whether qualified immunity can extend to shield private actors from civil liability in a 42 U.S.C. § 1983 action and, if not, whether alleged evidentiary errors and attorney misconduct that occurred during trial on the § 1983 claim warrant a new trial. In addition to the qualified immunity and alleged trial error issues, we decide whether punitive da... More...   $0 (07-30-2009 - NV)

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...   $0 (07-30-2009 - NJ)

In this case we explore the boundaries of the doctrine of informed consent in the context of a healthcare provider’s treatment of a patient. Petitioner, Peggy McQuitty, mother of Dylan McQuitty, who was born on May 8, 1995 with severe cerebral palsy, sued Dr. Donald Spangler in the Circuit Court for Baltimore County. In addition to alleging medical malpractice, Ms. McQuitty alleged that he breac... More...   $0 (07-24-2009 - MD)

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...   $0 (07-24-2009 - NJ)

In 1998, despite the fact that police had obtained DNA evidence excluding him as the perpetrator, Edmund Burke was arrested for murder and forced to spend a total of forty-two days in jail. Burke subsequently filed a civil rights lawsuit under 42 U.S.C. § 1983 against a panoply of those involved in the investigation of the crime, and after years of litigation, a federal jury found Massachusetts S... More...   $0 (07-17-2009 - )

M.M. Silta, Inc. (Silta)1 brought this breach of contract action against Cliffs Erie, L.L.C. (Cliffs), alleging that Cliffs failed to perform its obligations under two agreements stemming from reclamation of a Minnesota taconite mine.2 A jury returned a verdict for Silta on one of its contract claims, and Cliffs appeals, arguing that the district court3 submitted an erroneous jury instruction, tha... More...   $0 (07-16-2009 - MN)

In this appeal we consider whether the trial court violated plaintiff’s right to a jury trial by granting defendant’s motion for additur after a jury award of zero damages in a personal injury action. Appellant, plaintiff below, had moved for a new trial, and opposed the additur motion. Nonetheless, the Superior Court awarded $2,500 in additur, and gave defendant the option of consenting to th... More...   $0 (07-09-2009 - DE)

In 2002, then-Boston Police Commissioner Paul Evans terminated William Broderick as a police captain in the Boston Police Department. Broderick sued and in the district court a jury returned a verdict against Evans under 42 U.S.C. § 1983 (2006) and against the City of Boston under the Massachusetts whistle blower statute, Mass. Gen. Laws ch. 149, § 185 (2009). The defendants now appeal and Brode... More...   $0 (07-02-2009 - MA)

¶ 1 Yvette C. Ross Hebron, M.D. (“Dr. Hebronâ€�) and ChoiceCare Physicians, P.C. (“ChoiceCareâ€�) (collectively, “Appellantsâ€�) appeal from the January 3, 2008 order entering a judgment in the amount of approximately $8.6 million on a jury verdict in favor of Carol Hyrcza (“Hyrczaâ€�), executrix of the estate of Margaret Mahunik (“the Decedentâ€�), and against Appellants.1 For the reas... More...   $0 (07-01-2009 - PA)

Lorillard Tobacco Company appeals a final circuit court order awarding over five years of statutory prejudgment interest to the attorneys for a plaintiff, appellee Lynn French, on an award of attorney’s fees and costs.1 That award was entered because the plaintiff had made a qualifying offer of judgment and proposal for settlement pursuant to Florida Rule of Civil Procedure 1.442 and section 768... More...   $0 (05-06-2009 - FL)

The defendant, Kevin M. Grace, individually and doing business as Grace Builders,1 appeals from the trial court’s decision denying his motion to open the judgment awarding the plaintiffs, Michael Flater and Tracy Flater, $92,831 in damages for the defendant’s failure to complete and perform satisfactorily a home improvement contract. The essence of the defendant’s claim is that it was an abu... More...   $92831 (05-04-2009 - CT)

Plaintiff, Nancy Stamp, brought a personal injury action arising out of a motor vehicle accident and sought a new trial after the jury returned a verdict awarding damages for medical expenses but failing to make an award for pain and suffering or loss of a normal life. The circuit court granted plaintiff’s motion for a new trial on pain and suffering, and loss of a normal life damages limited to... More...   $0 (04-24-2009 - IL)

The plaintiff, Gebrehiwet Mokonnen, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the defendant, Pro Park, Inc. On appeal, the plaintiff claims that the court’s interrogatories to the jury were erroneous. We decline to review the plaintiff’s claim and, accordingly, affirm the judgment of the trial court.

The following facts and procedural history... More...   $0 (04-21-2009 - CT)

¶1 Dr. Scott A. Krasner, Terri Lee Krasner, and Scott A. Krasner, M.D., P.C. (together, “Krasnerâ€�) appeal the jury verdict in favor of William Ritchie, Darlene Ritchie, and Korbin Underwood (together, “Ritchiesâ€�). Krasner raises several issues on appeal. We hold that, even absent a formal doctor-patient relationship, a doctor conducting an Independent Medical Examination (“IMEâ€�) owes a... More...   $0 (04-21-2009 - AZ)

¶ 1 The Trustees of the University of Pennsylvania, Marjorie Jeffcoat, in her Individual and Official Capacities, Thomas Frietag, in his Official and Personal Capacities, and Lawrence M. Levin, in his Official and Personal Capacities (collectively “Pennâ€�), appeal the judgment entered in favor of Mark L. Helpin (Dr. Helpin) on his claims of breach of contract and constructive discharge after r... More...   $0 (04-15-2009 - PA)

In this case we consider the constitutionality of the statutory-damages provision found in § 616(a)(1)(A) of the Fair Credit Reporting Act (“FCRAâ€�), 15 U.S.C. § 1681, et seq. The district court, finding that the statutory-damages provision is unconstitutionally vague and excessive, dismissed the complaints with prejudice. For the reasons stated below, we vacate the rulings of the district co... More...   $0 (04-09-2009 - AL)

This matter arises from an automobile accident wherein John Keenan, while intoxicated, crashed into a car driven by Laurie Riley and occupied by her future husband, Gregory Riley. The Rileys both suffered injuries, hers resulting in permanent disability. In addition to seeking dram shop liability against two taverns, Naylor's Liquor & Bar (Naylor's) and Farrell's American Bistro (Farrell's... More...   $0 (04-02-2009 - NJ)

The jury in this case awarded $975,181 in compensatory damages to Southern Union Company, of which it assessed forty percent or $395,072.38 against James M. Irvin, and went on to assess an additional $60,000,000 of punitive damages against him. On appeal, we vacated the punitive damage award, which amounted to punitive damages of over 153 times the compensatory damage award. See S. Union Co. v. Sw... More...   $0 (03-30-2009 - AZ)

These consolidated cases arise out of plaintiffs’ adverse employment claims. In Docket No. 279997, plaintiff John Bedo appeals by leave granted the trial court order granting defendant City of Ecorse summary disposition as to his claim under the Whistleblower’s Protection Act (WPA), MCL 15.361 et seq. In Docket No. 280693, defendant appeals as of right the jury verdict in favor of plaintiff Ro... More...   $0 (03-19-2009 - MI)

Christopher Tortu appeals the district court’s order granting defendant Officer Eugene Engle’s motion for judgment as a matter of law and, in the alternative, his motion for a new trial. After the jury returned a verdict in favor of Officers Richard Cashton and Duane Cowley but finding Engle liable, the district court granted Engle’s Fed. R. Civ. P. 50(b) motion for judgment as a matter of l... More...   $180000 (03-05-2009 - NV)