The plaintiffs brought this medical malpractice action seeking damages arising from complications suffered by Louetta Smith after surgical treatment for benign premature ventricular contractions (PVCs).1 The plaintiffs claimed the doctor failed to obtain informed consent and failed to pursue a more conservative course of treatment. These claims were supported by their expert, Dr. Kenneth Brown, a ... More...   $1628698 (02-04-2009 - IA)

¶ 1. Defendants Paul Florindo and Susan Morency appeal from a jury verdict and judgment against them for common-law fraud and violations of Vermont’s Consumer Fraud Act in connection with their sale of a bed and breakfast business. Both defendants claim that the evidence did not support the verdict, that the jury instructions regarding common law and consumer fraud were plainly erroneous, and... More...   $0 (01-26-2009 - VT)

By leave granted, plaintiff Daniel J. Schneider appeals from a trial court order dated March 12, 2008, reducing a $200,000 verdict in plaintiff's favor to $125,000, and a second order, dated April 11, 2008, denying plaintiff's motion for reconsideration. Because we conclude that the trial court's stated reasons for granting the remittitur do not satisfy the applicable standards, as recentl... More...   $0 (01-23-2009 - NJ)

A jury awarded plaintiff Kevin Tobin more than $1.3 million in damages based on the failure of his employer, Liberty Mutual Insurance Company, to accommodate his disability as required by federal and state law. The district court subsequently ordered a $90,000 remittitur, but rejected Liberty Mutual's contention that the evidence was insufficient to support either liability or the remaining damage... More...   $0 (01-23-2009 - MA)

Following a trial on causation and damages, a jury awarded plaintiff George Terebush $125,000, and his wife Barbara Terebush $25,000 on her consortium claim. The lawsuit arose out of personal injuries plaintiff sustained in an October 2, 2001 automobile accident, when his car was rear-ended by a car driven by defendant Erica Hoffman. Defendant claims the verdict was against the weight of t... More...   $0 (01-10-2009 - )

Plaintiff, C.R., appeals from a judgment entered in favor of defendant, Tenet Healthcare Corporation, after her demurrer was sustained without leave to amend her first amended complaint. Plaintiff alleged she was a patient at Encino Tarzana Medical Center (the medical center). She was molested by, Ramon Eduardo Gaspar, one of defendant’s employees. We reverse the dismissal order. Upon remittitur... More...   $0 (01-05-2009 - CA)

Appellees Ord, Inc., with Kevin Ord as owner, and D&J Trust, with Dan Liebig as trustee, purchased notes issued by DFS Credit Corporation (DFS) from Aragon Financial Services (Aragon) through its registered representative Kent Carter. Carter’s company was called AmFirst Investment Services. Carter was associated with appellants, AmFirst Bank and its president, Van Korell. DFS defaulted on those ... More...   $0 (12-05-2008 - NE)

This is a partnership dispute. In six issues, Appellant Richard K. Archer (Archer)[2] complains of a summary judgment in favor of Appellee Richard O. Harris, Individually and as Trustee of the Richard O. Harris Profit Sharing Trust (Harris) on Archer=s claims for breach of covenant against encumbrances and for money had and received. We affirm.

... More...   $0 (12-05-2008 - TX)

In this diversity case, defendant/appellant/cross-appellee Lionbridge Technologies, Inc., in appeal No. 07-1125, appeals the denial of a motion for a new trial and the entry of judgment, following a jury trial, in favor of plaintiff/cross-appellant Isabelle DerKevorkian, a former Lionbridge employee, in a dispute arising out of an effort to obtain a permanent resident “green card” for DerKevor... More...   $0 (12-03-2008 - CO)

A general contractor challenges the superior court’s decision to confirm an arbitration award, contending the award should have been vacated because the arbitrator violated his disclosure obligation. The general contractor argues that the arbitrator was required to disclose his law firm’s representation of a company that owed the general contractor over $3 million. The record demonstrates that... More...   $0 (12-02-2008 - CA)

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 (11-14-2008 - CA)

Verdugo Hills Hospital (Hospital) petitions for a writ of supersedeas directing the trial court to reduce the amount of its appeal bond. Code of Civil Procedure section 917.1 requires the posting of an undertaking to stay a money judgment pending appeal. (§ 917.1, subd. (a)(1).)1 It sets the amount of the undertaking, if provided “by an admitted surety,” at “one and one-half times the amoun... More...   $0 (11-13-2008 - CA)

This case for sexual harassment brought pursuant to the Missouri Human Rights Act, Section 213.010,1 (“the MHRA”) and tried by a jury, was brought by Kendra Lynn, an employee, against her employer, TNT Logistics North America, Inc. (“TNT”).2 The jury returned an eleven-to-one verdict for Lynn on her claim for sexual harassment and awarded compensatory damages of $50,000. In a bifurcated pr... More...   $0 (11-07-2008 - MO)

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...   $375000 (11-07-2008 - AZ)

This case for sexual harassment brought pursuant to the Missouri Human Rights Act, Section 213.010,1 (“the MHRA”) and tried by a jury, was brought by Kendra Lynn, an employee, against her employer, TNT Logistics North America, Inc. (“TNT”).2 The jury returned an eleven-to-one verdict for Lynn on her claim for sexual harassment and awarded compensatory damages of $50,000. In a bifurcated pr... More...   $3750000 (11-07-2008 - MO)

A jury found in favor of plaintiff, Stephen Parker, on his claim that defendant, Officer Kevin Gerrish of the South Portland Police Department, violated his constitutional rights by using his Taser during the course of arresting Parker for operating a motor vehicle while under the influence of alcohol. The jury awarded $111,000 to Parker, who complained that the use of the Taser and subsequent cuf... More...   $0 (11-05-2008 - ME)

This amended appeal and cross appeal1 require us to consider, inter alia, under what circumstances, in a case in which it already has been determined that an employee is entitled to unpaid overtime pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (act), the overtime premium rate may be calculated based on the fluctuating workweek method, as set forth in § 778.114 of title 29 of ... More...   $0 (11-05-2008 - CT)

Appeal from a postjudgment order of the Superior Court of Orange County, Clay M. Smith, Judge. Reversed and remanded with directions. Hamburg, Karic, Edwards & Martin, LLP, Steven S. Karic and Fredric R. Brandfon for Plaintiff and Appellant. Law Offices of Scott E. Schutzman, Scott E. Schutzman and Lee W. Chen for Defendants and Respondents.

Code of Civil Procedure section 685.040,1 provide... More...   $0 (10-29-2008 - CA)

The defendants appealed the trial court’s denial of their motion for new trial, claiming the jury’s excessive damage award was the result of passion. The court of appeals held the trial court abused its discretion in ordering a remittitur rather than a new trial in view of the trial court’s impression the jury was motivated by anger and a desire to punish the defendants. We granted further r... More...   $107000 (10-21-2008 - IA)

This is a patent infringement case. Floyd M. Minks (“Minks”) appeals from a final judgment that Polaris Industries (“Polaris”) willfully infringed claim 2 of U.S. Patent No. 4,664,080 (“the ’080 patent”).1 After a jury trial, the district court reduced the jury’s damages award from $1,294,620.91 to $55,809.60 (after doubling) and awarded attorney fees of $117,316.50, about half the... More...   $0 (10-17-2008 - FL)

James Mikolajczyk died of injuries sustained when the Ford Escort he was driving was struck from behind by another vehicle. His widow, as special administrator of his estate, sued the other driver, claiming negligence, and Ford Motor Company and Mazda Motor Corporation, claiming defective design of the driver’s seat. Summary judgment was entered against the other driver. The claims against the o... More...   $0 (10-17-2008 - IL)

Plaintiff, the City of Wilson Redevelopment Commission for Wilson, North Carolina, appeals from orders entered in connection with a condemnation action filed against Defendant-Appellees. We affirm.

The procedural history of this case is summarized in pertinent part as follows: In 1916 Eliza Boykin was granted a property located at 204 S. Vick Street in Wilson, North Carolina (the subje... More...   $0 (10-07-2008 - NC)

Florida common law did not recognize bad faith claims by an insured against the carrier, holding instead that the insured was limited to breach of contract damages and attorneys fees. In 1982 the Legislature amended section 624.155 to provide that bad faith damages recoverable under the statute “shall include those damages which are a reasonably foreseeable result of a specified violation of thi... More...   $0 (09-24-2008 - FL)

Defendant appeals a judgment awarding plaintiff $175,000 in punitive damages for defendant's failure to comply with ORS 659A.043(1) when it did not reinstate plaintiff as an employee after he had recovered from a work-related injury. (1) Defendant makes two assignments of error: (1) the trial court erred in denying its motion for a directed verdict on plaintiff's claim for punitive damages, and (2... More...   $0 (09-21-2008 - OR)

Steve and Diane Bell appeal from the trial court's judgment awarding damages against the Bells and allowing remedial action on Joe Riddell's property. The Bells raise four points on appeal. They contend that the trial court erred in measuring damages based on the cost of repair; in awarding damages they claim were barred for Mr. Riddell's failure to mitigate his damages; in refusing their request ... More...   $0 (09-19-2008 - MO)