Remittitur Law
 
Tommy Davis Nathan Cameron and Lisa Cameron v. Merisel Properties, Inc. and Brian Goldsworthy

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)

Hugh M. Caperton, et al. v. A.T. Massey Coal Company, Inc., et al.

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,

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)

Jacqueline Triplett v. McCourt Manufacturing Corporation and Fund Ways, Inc. a/k/a Tom's Rental-Tops Rental

On April 23, 2002, Jacqueline Triplett attended a "rally" at her employer's place of business. She was injured when her chair suddenly collapsed and she fell to the ground. She was immediately taken to the hospital by ambulance. The fall caused intense pain in both her back and right leg. The pain continued, and six months later she underwent spinal fusion surgery to correct the problem. This s

More...   $725000 (09-20-2007 - IA)

Sylvia CASAS, Robert Gundling, and Substantively Consolidated Bankruptcy Estates of Fountain View, Inc., as Successor to Summit Care Corp. and Summit Care Texas, L.P. d/b/a Comanche Trail Nursing Center, v. Rosamarie PARADEZ, as the Administrator and Heir at Law of the Estate of Tranquilino Mendoza, Deceased

This appeal involves a medical malpractice survival action brought by the decedent's daughter, Appellee Rosamarie Paradez. The decedent, Tranquilino Mendoza, was eighty-one years old and residing in the Comanche Trail Nursing Center in Big Spring, Texas, when he was injured by his roommate. On appeal, all three appellants, Sylvia Casas, Robert Gundling, and Substantively Consolidated Bankrup

More...   $10000000 (09-05-2007 - TX)

Ginny W. White and Jimmie D. White v. Ford Motor Company and Orscheln Company

This product liability case arises from the death of threeyear- old Walter White, the son of plaintiffs Ginny and Jimmie White, who was killed when Mr. White's parked Ford F-350 pickup truck rolled over him in the family's driveway. The case is before us for the second time following a remand for a new trial on punitive damages. See White v. Ford Motor Co., 312 F.3d 998 (9th Cir. 2002) ("

More...   $2305435 (08-31-2007 - NV)

Dr. Virendra Charan, et al. v. James L. Bowman, et al.

The State of Louisiana through the Department of Transportation and Development DOTD appeals a judgment holding it patiially liable for an automobile accident that occurred on a bridge in its care custody and control during adverse weather conditions After a thorough review of the record we reverse.

FACTS AND PROCEDURAL HISTORY

Early on the foggy morning of January 31 1997 a lif

More...   $0 (08-15-2007 - LA)

Lincoln Smith, et al. v. Brown & Williamson Tobacco Corporation

Brown & Williamson Tobacco Corporation (B&W) appeals the judgment entered in favor of the survivors of Barbara Smith and against B&W under Missouri's wrongful death statute for claims of personal injury based on negligence and product defect. Section 537.080.(FN1) B&W presents ten points on appeal. B&W asserts in its first five points and ninth point that the trial court erred in denying its mo

More...   $0 (08-03-2007 - MO)

Alcoa, Inc. v. Barbatra Behringer and LeRoy Behringer

Appellant Alcoa, Inc. appeals the judgment on a jury verdict in favor of appellees Barbara Behringer and Leroy Behringer, for damages sustained after Mrs. Behringer contracted mesothelioma by breathing asbestos dust brought home in the 1950s on her then-husband's work clothes. Under the facts of this case, we conclude Alcoa did not owe a legal duty to Mrs. Behringer. Accordingly, we reverse the

More...   $0 (07-28-2007 - TX)

DYNACQ HEALTHCARE, INC. F/K/A DYNACQ INTERNATIONAL, INC. AND THE CARTER LAWFIRM, V. PROMOD SETH

Appellee Promod Seth sued appellant Dynacq HealthCare, Inc. f/k/a Dynacq International, Inc. for breach of an employment agreement and a related stock option agreement. The trial court rendered judgment on the jury's verdict that Seth recover $53,000.00 for breach of the employment agreement, $173,688.00 for breach of the stock option agreement, $60,850.00 in attorney's fees for trial, and $17

More...   $70000 (07-13-2007 - TX)

Eric Heckmann v. City of Detroit, et al.

Defendant City of Detroit appeals as of right the trial court's denial of its motions for directed verdict, judgment notwithstanding the verdict, new trial or remittitur, and several other rulings, in this case brought under the Whistleblowers Protection Act (WPA), MCL 15.361 et seq. Plaintiff Eric Heckmann cross-appeals the trial court's denial of attorney fees. We affirm in both the princ

More...   $600000 (07-12-2007 - MI)

John R. CHAPMAN and Cynthia S. Chapman, Respondents, v. UPSTATE RV & MARINE, d/b/a Holiday Kamper & Boats-Piedmont and Tracker Marine, Inc., Defendants, Of whom Upstate RV & Marine, d/b/a Holiday Kamper & Boats-Piedmont is, Appellant.

John R. Chapman and his wife, Cynthia S. Chapman, brought this action seeking damages for breach of contract, breach of express and implied warranties, and revocation of acceptance. The Chapmans sought costs and attorney's fees under the Magnuson-Moss Act. Upstate RV & Marine, d/b/a Holiday Kamper & Boats-Piedmont ("Holiday") appeals from the judgment awarding the Chapmans damages, costs,

More...   $0 (03-14-2005 - SC)

Weeks Marine, Inc. v. Enrique Jose Vela

Weeks Marine appeals the trial court's judgment awarding damages to Enrique Jose Vela for injuries he sustained in the course and scope of his employment. On appeal, Weeks Marine brings four issues: (1) the trial court should have granted its motion for mistrial because plaintiff's counsel made a racially prejudicial statement before the jury; (2) the trial court should have granted its motion

More...   $0 (05-09-2007 - TX)

Donna Collier v. City of Oak Grove, Missouri

This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam

More...   $200000 (04-25-2007 - MO)

Mark Evans, et al. v. Ford Motor Company, et al.

Mark Evans sued Ford Motor Company and Ford Motor Credit Company under the Louisiana Products Liability Act, claiming that a defective 1999 Ford Explorer injured him. At the conclusion of a trial, in which a jury found the Explorer's transmission was unreasonably dangerous because of a nonconformity with an express warranty,1 Ford Motor Company moved for judgment in its favor as a matter of

More...   $0 (04-11-2007 - LA)

Transclean Corporation, et al. v. Jiffy Lube International, Inc., et al.

Transclean Corporation, James P. Viken, Jon A. Lang, and Donald E. Johnson (collectively "Transclean") brought suit against Bridgewood Services, Inc. ("Bridgewood"), alleging that the automatic transmission fluid changing machine manufactured and sold by Bridgewood, the "T-Tech machine," infringed Transclean's patent. Transclean obtained a judgment in its favor, including a damages award of $1,

More...   $0 (03-21-2007 - MN)

Lang Van Huynh and Sonny K. Huynh vs. Tho Thi Phung

Appellants, Lang Van Huynh ("Lang") and Sonny Van Huynh ("Sonny") (together "the Huynhs"), appeal from a judgment for fraud and breach of contract in favor of appellee, Tho Thi Phung ("Tho"). We determine whether the trial court erred because (1) the evidence is legally insufficient to support fraud; (2) the award of actual damages was improper; and (3) the award of exemplary damages violated

More...   $120000 (02-16-2007 - TX)

North Beverly Park Homeowners Association v. Jeannette A. Bisno, et al.

Defendants Jeannette and Robert Bisno (the Bisnos) appeal from an order denying their post-judgment motion to dissolve a permanent injunction.1 This appeal is their second in a lawsuit brought against them by plaintiff North Beverly Park Homeowners Association (the Association).

Beginning in 1999, the Bisnos planned to build a home in North Beverly Park, a luxury community in Beverl

More...   $0 (02-13-2007 - CA)

Transclean Corporation, et al. v. Jeffy Lube International, Inc., etc.

Transclean Corporation, James P. Viken, Jon A. Lang, and Donald E. Johnson (collectively "Transclean") brought suit against Bridgewood Services, Inc. ("Bridgewood"), alleging that the automatic transmission fluid changing machine manufactured and sold by Bridgewood, the "T-Tech machine," infringed Transclean's patent. Transclean obtained a judgment in its favor, including a damages award of $

More...   $0 (01-27-2007 - MN)

Elena Whitby, et al. v. Infinity Radio, Inc.

James Crystal Licenses, LLC ("Licenses"), James Crystal Holdings, Inc. ("Holdings"), James Crystal Enterprises, LLC ("Enterprises"), and Elena Whitby ("Whitby") ("Appellants") appeal the trial court's entry of partial summary judgment in favor of Infinity Radio Inc. ("Infinity") on the enforceability of a non-compete covenant, the trial court's grant of a directed verdict in Infinity's favor

More...   $0 (01-26-2007 - FL)

Donna Collier v. City of Oak Grove, Missouri

This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam

More...   $0 (10-31-2006 - MO)

Kevin J. Wood v. Jean G. Bell

[1] Jean G. Bell appeals from a judgment entered in the Superior Court (Cumberland County, Warren, J.) granting Kevin J. Wood's motion to alter or amend the judgment and his motion for remittitur following a jury verdict in favor of Bell. The jury found that Bell proved title to the disputed parcel by adverse possession and was entitled to damages for Wood's intentional or knowing trespass an

More...   $0 (08-07-2006 - ME)

Sylvester Okoro v. City of Oakland

On February 25, 2002, appellant and his wife, Ava Robinson1, filed a complaint in federal district court against the City of Oakland (City), its police department, police chief, city manager and unnamed police officers, designated as Does 1-100. The complaint alleged causes of action for violation of civil rights (42 U.S.C. §§ 1981, 1983), false arrest and imprisonment, battery, trespass to

More...   $0 (08-31-2006 - CA)

Benetta Buell-Wilson, et al. v. Ford Motor Company

Benetta Buell-Wilson (Mrs. Wilson) brought this action against Ford Motor Company (Ford) and Drew Ford (Drew)1 as a result of the rollover and roof crush of her Ford Explorer (Explorer) that left her a paraplegic. Mrs. Wilson's husband Barry Wilson (Mr. Wilson) brought a claim for loss of consortium against Ford and Drew. A jury found in favor of Mrs. Wilson and Mr. Wilson (together the Wil

More...   $82606004 (07-20-2006 - CA)

Howard A. Engle, M.D., et al. v. Liggett Group, Inc., et al.

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)

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