| David Engelke and Bryan Engelke v. Athle-Tech Computer Systems, Inc. |
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David Engelke and Bryan Engelke appeal from a jury verdict and final judgment that awarded Athle-Tech Computer Systems, Inc., about $13 million in damages based on a claim of unjust enrichment. Athle-Tech had alleged that the Engelkes were enriched by proceeds from the sale of software that should have been paid to Athle-Tech. After considering the Engelkes' several arguments on substantive i... More... $0 (02-29-2008 - FL) |
| Uintah Basin Medical Center v. Leo W. Hardy, M.D. |
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1 This case comes before us on appeal from the district court's grant of summary judgment. Defendant Dr. Leo W. Hardy argues that the district court erred when it held that Uintah Basin Medical Center ("UBMC") had just cause to terminate his contract. Because we agree, we reverse the district court's grant of summary judgment and remand for further proceedings consistent with this opinion. ... More... $0 (02-22-2008 - UT) |
| Planned Parenthood v. American Coalition of Life Activists |
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At what all surely must hope is the conclusion of this long running litigation, we must address an issue of some importance under Federal Rule of Appellate Procedure 37(b) relating to the award of post-judgment interest to the plaintiffsappellees on the punitive damages judgment they obtained against the defendants-appellants. This is a cautionary tale for all whose judgments on appeal are s... More... $0 (02-19-2008 - CA) |
| Jodi Bullock v. Philip Morris, USA, Inc. |
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Philip Morris USA, Inc. (Philip Morris), a cigarette manufacturer, appeals a judgment in favor of Betty Bullock awarding her compensatory and punitive damages after a jury trial. Philip Morris challenges the findings of liability on several counts based on products liability and fraud, the admission of evidence, the refusal of proposed jury instructions relating to liability and punitive ... More... $850000 (01-31-2008 - CA) |
| Conrad J. Dell'oca, et al. v. The Bank of New York Trust Company, N.A. |
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The DFS Defendants and the Business Plan Robert E. Vener was the president, director and controlling shareholder of DynaCorp Financial Strategies, Inc. (DynaCorp), and the president, chief executive officer, chief financial officer and director of DFS Credit Corporation (DFSCC), a wholly owned subsidiary of DynaCorp. Beginning in 1994, these entities operated under a business plan designed to... More... $0 (01-31-2008 - CA) |
| Xon Blackburn, et al. v. Illinois Central Railroad Company |
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The defendant, Illinois Central Railroad Company (the Railroad), appeals from the order of the circuit court of Marion County that entered a judgment on jury verdicts in favor of plaintiffs Delbert Copple, Carl Heinrichsmeyer, and Donald Hyatt (the plaintiffs). For the reasons set forth below, we affirm the judgment of the circuit court. FACTS The plaintiffs are among a group of 24 ... More... $0 (01-30-2008 - IL) |
| Elvis E. Pendleton v. Over the Top, LLC |
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Over the Top challenges the district court's denial of its post-trial motions claiming that the evidence does not support the jury's verdict and damages award of $185,000 arising from a barroom fight. Because the district court did not err or otherwise abuse its discretion in denying the motions, we affirm. I. In 2003, Elvis Pendleton and his wife visited Kickers, a night club owned... More... $0 (01-29-2008 - TN) |
| Lorenda Rodriquez v. Farm StoresGrocery, Inc. |
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This appeal in a Fair Labor Standards Act, 29 U.S.C. §§ 201–19, case involves a number of issues arising under that statute. It also presents us with an interesting issue that is not FLSA-specific. Without objection from either party, the district court gave the jury an erroneous instruction on how to calculate damages. The jury compounded the error by returning a verdict for a larger am... More... $0 (01-29-2008 - FL) |
| Equal Employment Opportunity Commission v. Federal Express Corporation d/b/a FedEx Express |
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Federal Express Corporation ("FedEx") appeals from a March 2006 judgment for compensatory and punitive damages entered against it in the District of Maryland. The Equal Employment Opportunity Commission (the "EEOC") sued FedEx on behalf of former FedEx package handler Ronald Lockhart. By its judgment, the district court awarded Lockhart, who is disabled due to deafness, the sums of $8,0... More... $0 (01-24-2008 - MD) |
| Jack L. Aronowitz, et al. v. Health-Chem Corporation |
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Plaintiffs-counter defendants-appellants, Jack Aronowitz, Health-Chem Diagnostics LLC, and Leon Services LLC (collectively "Aronowitz"),1 appeal an "Omnibus Order" by the district court for the Southern District of Florida addressing a number of post-trial motions. The order (1) set aside the jury verdict that had been rendered in Aronowitz's favor as to his first breach of contract claim... More... $0 (01-22-2008 - FL) |
| Greg Goldsmith v. Bagby Elevator Company, Inc. |
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Forty-five years ago, "the civil rights movement swirled into Birmingham, a city whose bitter resistance to change made it a battleground." Jack Bass, Unlikely Heroes 201 (1981). Dr. Martin Luther King Jr. remarked, "If we can crack Birmingham, I am convinced we can crack the South. Birmingham is a symbol of segregation for the entire South." Id. By blood, toil, and tears, segregation was, of ... More... $0 (01-20-2008 - AL) |
| Royal Caribbean Cruises, Ltd. v. Goran Bakalar |
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Royal Caribbean Cruises, Ltd. appeals a jury verdict of $3,384,185 as being against the manifest weight of the evidence. As we recently stated in Glabman v. De La Cruz, 954 So. 2d 60, 62 (Fla. 3d DCA 2007), "despite the fact that a jury verdict is higher or lower than the reviewing court believes it ought to have been, the court should decline to interfere with the verdict." Unlike Glab... More... $3384185 (01-18-2008 - FL) |
| Richard J. Collins v. Iowa, Chicago & Eastern Railroad |
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Richard Collins was approximately sixty years old when he began working at IC&E as a locomotive mechanic in the summer of 2002. Before working for IC&E, Collins had worked in numerous positions ranging from a welder fabricator to a supervisory boilermaker. On December 29, 2003, Collins felt sharp pain in his shoulders while he and a coworker lifted a large piece of a locomotive engine. ... More... $0 (01-18-2008 - IA) |
| John Novitski and Theresa Novitski v. Matthew Rusak |
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1 This is an appeal from the judgment entered in the Court of Common Pleas of Luzerne County in favor of Appellees John and Theresa Novitski in the amount of $443,040.14. Appellant Matthew Rusak contends the trial court should have granted Appellant a new trial, molded the verdict, or granted remittitur on the basis the trial court erred in admitting expert testimony regarding loss of f... More... $443040 (01-13-2008 - PA) |
| John D. Cerqueira v. American Airlines, Inc. |
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An airline passenger, John Cerqueira, filed suit asserting that his removal from a flight violated his rights under 42 U.S.C. § 1981 to be free of race discrimination in contracting. He recovered compensatory damages of $130,000 and punitive damages of $270,000 against American Airlines ("American" or "AA"), which on December 28, 2003, refused to transport Cerqueira on a flight and to rebook hi... More... $0 (01-12-2008 - MA) |
| Locke v. City of Seattle |
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In these consolidated cases, respondents Kevin Locke and Gary Lindell's personal representative sued the city of Seattle (City) for injuries sustained during Locke's and Lindell's employment. In both cases, the City challenges the "right to sue" provision in the Washington Law Enforcement Officers' and Fire Fighters' Retirement System Act (LEOFF), chapter 41.26 RCW. See RCW ... More... $0 (12-13-2007 - WA) |
| James D. Marcil v. Robert T. Kells, et al. |
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Justice Flaherty, for the Court. Political campaigning, especially on the party primary election level, is not a game for the faint of heart. This dispute arises from such a contest in a state senatorial district in the City of Providence. The upshot of this primary campaign battle was a judgment for civil conspiracy and slander entered against two of the combatants, who timely appealed t... More... $0 (12-13-2007 - RI) |
| James D. Marcil v. Robert T. Kells, et al. |
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In August 2000, plaintiff James D. Marcil, a serviceman at the Providence Gas Company (Providence Gas),1 approached John F. Morris at Morris' store, Charron Supply, to discuss a campaign sign that was prominently displayed on the premises. The sign promoted the candidacies of defendants Robert T. Kells and Thomas C. Slater, who both were on the ballot in the Democratic primaries for the s... More... $0 (12-10-2007 - RI) |
| Sara Ciccarelli v. School Department of Lowell |
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Just a few days after she appeared on a witness list of another teacher who had filed a complaint with the Massachusetts Commission Against Discrimination (MCAD) against the city of Lowell (city) school department for sex discrimination, the plaintiff, Sara Ciccarelli, unexpectedly learned that she would not be reappointed as a provisional teacher. Ciccarelli then brought this action against th... More... $0 (12-07-2007 - MA) |
| William L. Hanchett, Jr. and Cheryl Bajon St. Romain v. State of Louisiana |
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This highway defect suit was filed by the parents of a driver killed in a single vehicle accident on Highway 75 in Iberville Parish For the following reasons we amend and affirm as amended. FACTS AND PROCEDURAL HISTORY On August 28 1994 William L Little Billy Hanchett III was killed in an automobile accident on Highway 75 in Iberville Parish Little Billy had been out drinking ... More... $125000 (12-05-2007 - LA) |
| Emily Normandeau, et al. v. Hanson Equipment, Inc. |
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1 Defendant Hanson Equipment, Inc. (Hanson) appeals the jury verdict in favor of Plaintiffs Emily Normandeau, individually and as guardian for Alex Thayn, Jacob Thayn, and Hannah Normandeau, minors; and Lori Normandeau, as guardian for Daniel Normandeau and Melissa Normandeau, minors, on behalf of and for the benefit of the heirs of Dennis Normandeau (Plaintiffs). We affirm. BACKGR... More... $0 (12-02-2007 - UT) |
| Pamela M. Mokler v. County of Orange, et al. |
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Defendants County of Orange (County) and Chris Norby appeal from the trial court's denial of their motion for judgment notwithstanding the verdict (JNOV) following a jury determination that the County terminated Pamela Mokler in violation of California's whistleblower statute, Labor Code section 1102.5, and that Norby sexually harassed Mokler, creating a hostile work environment under the... More... $0 (11-30-2007 - CA) |
| Hugh M. Caperton, et al. v. A.T. Massey Coal Company, Inc., et al. |
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The Appellants herein and defendants below, A.T. Massey Coal Company, Inc., and various of its subsidiaries, appeal from a March 15, 2005, order entered in the Circuit Court of Boone County, which denied their post-judgment motions for judgment as a matter of law, a new trial, or remittitur, in response to the entry of a judgment of more than $50 million in favor of the appellees herein, and ... More... $0 (11-24-2007 - WV) |
| Ford Motor Company, a foreign corporation, Appellant, vs. Joan Hall-Edwards, as Personal Representative of the Estate of Lance Crossman Hall, and Lester Hall, survivior of Lance Crossman Hall, |
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Appellant, Ford Motor Company ("Ford"), seeks review of a $60 million jury verdict awarded to the parents of Lance Crossman Hall ("Hall"), a passenger in a 1996 Ford Explorer involved in a rollover accident. Hall was ejected and killed after the driver of the Ford Explorer fell asleep and lost control of the vehicle. Plaintiff, Joan Hall-Edwards, as the personal representative of Hall's Estate,... More... $0 (11-08-2007 - FL) |
| Tommy Davis Nathan Cameron and Lisa Cameron v. Merisel Properties, Inc. and Brian Goldsworthy |
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Defendant, Merisel Properties, Inc., appeals from entry of judgment and from the denial of pretrial and posttrial motions. We affirm. Merisel Americas, Inc., is a computer hardware and software company with an office in Cary, North Carolina (the Cary facility). Plaintiff Nathan Cameron (Cameron) worked at the Cary facility,which had a history of leaks and dampness, between December ... More... $1600000 (11-06-2007 - NC) |
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