This appeal and cross-appeal from a district court order in a breach of contract and tort action arising from improper foreclosure proceedings involve several compensatory and punitive damage award issues. With respect to compensatory damages, since respondents/cross-appellants’ actual losses did not exceed the damages that they incurred to their real and personal property, we conclude that the... More...   $0 (09-11-2008 - NV)

In October 2004, Platypus Wear, Inc., PW Industries, Inc. (collectively Platypus), Alexandra Ponce de Leon, and Sylvia Offner Caira, filed a complaint against Luce Forward Hamilton & Scripps, and two of its attorneys, Kevin A. Cahill and Timothy R. Pestotnik (collectively Luce Forward), Baker & McKenzie, and two of its attorneys, Charles H. Dick and Peter W. Ito, Laurens Offner (Laurens), and Mart... More...   $0 (09-05-2008 - CA)

JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined t... More...   $1087500 (08-26-2008 - MO)

Steven Chapman, Pat Chapman, Judy Chapman, and Chapman Dairy, Inc. (collectively, "Appellants"), brought suit against their electric company, New Mac Electric Cooperative, Inc. ("Cross-Appellant"), for stray voltage, and against Alfa Laval Agri, Inc. ("Alfa Laval"), the company that designed and installed a new set of milking parlor equipment in 1997.(FN1) The jury found that Cross-Appellant had ... More...   $793017 (08-15-2008 - )

¶1 BROWN, C.J. This lawsuit concerns a now-closed landfill in Muskego. The plaintiffs are nearby landowners whose water is contaminated with a toxic chemical called vinyl chloride, which they allege came from the landfill. Their suit against Waste Management of Wisconsin, Inc., the landfill’s operator, is still pending in the circuit court, and is not before us in this appeal. Rat... More...   $0 (08-12-2008 - WI)

Estela Aragon, individually and on behalf of her minor son Christian Aragon, and Erica Aragon, Rebecca Aragon Rizo, and Stephen Aragon filed suit against Service Corporation International; SCI, Texas Funeral Services, Inc. d/b/a Sunset Memorial Gardens; and Sunset Memorial Gardens and Funeral Home (SCI collectively). Plaintiffs alleged that defendants improperly buried Osbaldo “Obie” Aragon, ... More...   $275000 (08-08-2008 - TX)

The defendant Maura C. Smithies1 appeals from the judgment, rendered after a court trial, in favor of the plaintiff, Ackerly & Brown, LLP. On appeal, Maura Smithies claims that the court improperly concluded that expert testimony was required for her claim of legal malpractice. We disagree and, accordingly, affirm the judgment of the trial court.

The following facts are necessary for our re... More...   $0 (08-04-2008 - CT)

Alvarene Butler is black and Karen Stacey is white. They both worked for the Alabama Department of Transportation. One work day in January of 2005 they were going to lunch together. Stacey was driving a pickup truck, and Butler was the only passenger.

On the way to lunch, the truck collided with another vehicle, which was driven by a black male. After the collision, Stacey turned to Butler ... More...   $0 (07-31-2008 - AL)

On June 30, 2001, Rachel Sparkman and her eight-month-old son, Joshua Flax, were passengers in a 1998 Dodge Grand Caravan (“the Caravan”) operated by Ms. Sparkman’s father, Jim Sparkman. Ms. Sparkman was seated in a captain’s chair directly behind the driver’s seat. Joshua Flax was restrained in a child safety seat in the captain’s chair directly behind the front passenger’s seat, wh... More...   $23000000 (07-26-2008 - TN)

The principal issue in this appeal is whether, in an action to recover underinsured motorist benefits, offer of judgment interest awarded pursuant to General Statutes (Rev. to 2005) § 52-192a (b)1 is based on the amount of the jury verdict (verdict amount), or on the amount of the judgment thereon after the trial court orders a remittitur due to the limits of the plaintiff’s underinsured motori... More...   $0 (07-22-2008 - CT)

The principal issue in this appeal is whether a nonparty witness’ invocation of the privilege against self-incrimination pursuant to the fifth amendment of the United States constitution1 constitutes admissible evidence in a civil case. The defendants, Roberto Milla and Rutila Enamorado, appeal2 from the judgment of the trial court in a personal injury action rendered after a jury trial in favor... More...   $0 (07-22-2008 - CT)

These appeals arise out of litigation brought against an attorney for the allegedly improper actions he undertook in connection with his representation of a financially troubled client. Both the defendant, Attorney Clifford L. Tager, and the plaintiff, Chapman Lumber, Inc., have appealed from the judgment rendered in accordance with a jury verdict, as it subsequently was modified by the trial cour... More...   $0 (07-22-2008 - CT)

Standard comprehensive liability insurance policies provide that the insurer must both indemnify and defend the insured against claims within the scope of the policy coverage. The insurer’s duty to defend is broader than its duty to indemnify. The latter duty runs only to claims that are actually covered by the policy, while the duty to defend extends to claims that are merely potentially covere... More...   $131274 (07-21-2008 - CA)

Morrison Knudsen Corporation (“MK”), a federal contractor, terminated its subcontractor, Ground Improvement Techniques, Inc. (“GIT”) for an alleged default and sued GIT for damages. GIT counterclaimed for wrongful termination. The case initially went to trial in November of 1996. Concluding the termination was wrongful, the jury awarded GIT $5.6 million. The case was appealed to this court... More...   $0 (07-14-2008 - CO)

1 In this case, a landlord, IHC Health Services, Inc. ("IHC"), seeks to eject its tenant, D & K Management ("D & K"), for breach of its lease (the "Lease") because of a late rental payment. The district court granted summary judgment in favor of IHC and awarded attorney fees to IHC pursuant to a provision in the Lease. D & K appeals, asserting that the district court erred when it (1) held t... More...   $0 (06-20-2008 - UT)

This case came before the Supreme Court for oral argument on April 8, 2008, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the record, the memoranda submitted by the parties, and the oral arguments of counsel, we are of the opinion that cause has not been shown and that the case should ... More...   $0 (06-03-2008 - RI)

Linda Coker Weston appeals a jury verdict awarding Laura Roberson $185,000 in damages for injuries sustained in an automobile accident. Weston's appeal raises three points: (1) the trial court erred in permitting Roberson's trial counsel to ask the venire panel if anyone had an interest in or worked for Allstate Insurance Company, sometimes referred to as the "insurance question"; (2) the trial co... More...   $185000 (04-29-2008 - MO)

This appeal arises out of the remand order in Pelletier v. Sordoni/Skanska Construction Co., 264 Conn. 509, 527, 825 A.2d 72 (2003), in which we held that an injured employee of an independent subcontractor may bring an action in negligence against the general contractor if the employee can establish a legal and factual basis for the general contractor's liability. Upon remand, the negligen... More...   $0 (04-26-2008 - CT)

This case arises from the Third District Court of Appeal's reversal of a final
judgment entered in a smokers' class action lawsuit that sought damages against
cigarette companies and industry organizations for alleged smoking-related
injuries. See Liggett Group, Inc. v. Engle, 853 So. 2d 434 (Fla. 3d DCA 2003)
(hereinafter "Engle II"). The final judgment awarded $12.7 million in... More...   $600000000 (04-23-2008 - FL)

This case involves the alleged conversion of an automobile belonging to appellee Uche Christian. See Footnote 1 Uche brought this action against five defendants (the "defendants"): Khorshid, Inc., d/b/a Taxi Dallas ("Taxi Dallas"); Darya Inc., d/b/a Executive Taxi ("Executive Taxi"); Zyba, Inc., d/b/a Golden Cab ("Golden Cab"); and individuals Barry Sangani and Nasser Mansourian, co-own... More...   $0 (04-15-2008 - TX)

The state is not a party to the underlying dispute between plaintiffs and defendants in this case but asserts that it has an interest under ORS 31.735 in the jury's award of punitive damages. The state has appealed from a supplemental judgment dismissing the case that the trial court entered as part of a settlement between plaintiffs and defendants. As part of entering the supplemental judgment, t... More...   $0 (03-11-2008 - OR)

This case is before us for a second time, after a GVR1 order from the United States Supreme Court directed that we reconsider our original opinion in Buell-Wilson v. Ford Motor Company (2006) 141 Cal.App.4th 525 (Buell-Wilson I) in light of Philip Morris USA v. Williams (2007) 549 U.S. ___ [166 L.Ed.2d 940, 127 S.Ct. 1057] (Philip Morris). Philip Morris holds that upon request, courts must ado... More...   $82606004 (03-11-2008 - CA)

Appellants/cross-appellees, Ace J. Blackburn, Jr., Joan A. Wagner, Chris A. Economou, and Gus Morfidis, as Personal Representatives of the Estate of Konstantinos Boulis a/k/a Gus Boulis ("The Estate"), appeal from the following orders of the trial court: (1) Order Granting Partial Summary Judgment in Favor of the Defendants; (2) Order Denying Defendants' Motion for Judgment Notwithstanding the Ver... More...   $0 (03-05-2008 - FL)

This Court has an obligation to discern its jurisdiction to consider an appeal. State v. Lynch, 192 S.W.3d 502 (Mo.App.E.D. 2006). This Court only has juris... More...   $0 (03-04-2008 - MO)

In deciding whether a punitive damages award violates the constitutional prohibition of arbitrary or grossly excessive punishment, the most important factor to be considered is the reprehensibility of the defendant's conduct.1 The United States Supreme Court has instructed courts undertaking this inquiry that "[a] defendant's dissimilar acts, independent from the acts upon which liability was ... More...   $0 (03-04-2008 - CA)