This appeal arises from the sinking of a fishing vessel, the M/V SAILOR ("SAILOR"), while docked at the Rockland Fish Pier ("Fish Pier") owned by the City of Rockland, Maine ("Rockland"). A jury found that Rockland's negligence caused the sinking, and it awarded damages to the company that owned the vessel in the amount of $202,088. Rockland now appeals, seeking reversal of the district judge's... More...   $202000 (11-15-2005 - ME)

In 1997, an employee in his Division, Ruth Annette Harris, complained to County officials that she had been sexually harassed by her supervisor, Glenn Holland. An internal Count... More...   $300000 (10-27-2005 - NC)

In this insurance coverage case, the trial court erred in concluding the insured's suit against an excess insurer was barred by the four-year statute of limitations. Under settled principles, the statute of limitations in a general liability insurance coverage case accrues when the insurer refuses to defend the insured in the underlying litigation. Since the duty to defend is continuing, ... More...   $0 (09-19-2005 - CA)

American Coalition of Life Activists and thirteen others (collectively, ACLA)1 appeal the decision of the district court on remand that the $108.5 million in punitive damages awarded by a jury in 1999 for violations of the Freedom of Access to Clinic Entrances Act (FACE), 18 U.S.C. § 248, comports with due process. Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition ... More...   $526336 (09-09-2005 - OR)

This action arises out of the collapse of two sections of concrete form work that occurred while concrete was being poured to form the fourth floor of the University of Wisconsin-Madison pharmacy building. Terry Staskal, a construction worker employed by the general contractor, Kraemer Brothers, LLC, was seriously injured. He and his wife sued the manufacturer of the concrete forming system, Sy... More...   $23821610 (09-02-2005 - WI)

Plaintiff Claudia Croy successfully sued her employer, Cobe Laboratories, Inc. ("Cobe"), for breach of a contract to give her a promotion. The jury awarded Ms. Croy $88,798.00 in damages, including both front and back pay. Ms. Croy now appeals the district court's refusal to grant her specific performance--in the form of a promotion in title and duties--as well. We conclude that damages provi... More...   $88798 (06-02-2005 - CO)

On October 26, 1998, Patient underwent bilateral knee replacement surgery, or surgery replacing both of his knees, at St. Ma... More...   $875000 (05-14-2005 - MO)

The jury awarded Plaintiff $150,000 for damages and attorney fees. In a judg... More...   $104782 (05-03-2005 - MO)

The primary question presented by this appeal is whether a court presiding over an action to partition real property has the power to award a brokerage commission on an unconsummated sale of the property. We have concluded that such an award is precluded by provisions of the Probate Code expressly made applicable to partition actions. We therefore reverse an order allowing a commission on... More...   $0 (04-27-2005 - CA)

This case went to trial before a jury, so we state the facts and interpret the evidence most favorably to the party that was successful at trial.1 The facts are well laid out in the published decision of the district court.2 In 1999 an Olympic Pipeline Co... More...   $50000 (04-21-2005 - WA)

Richard Boeken filed this action on March 16, 2000, alleging various theories including negligence, strict product liability and fraud resulting in personal injuries caused by his cigarette addiction.1 The complaint alleges that Boeken began smoking in 1957, when he was a minor, that he smoked Marlboro and Marlboro Lights, both manufactured by Philip Morris USA, Inc., and that he was ultim... More...   $5539127 (04-05-2005 - CA)

This appeal arises from a tort action brought by Dr. Iris Beth Rodríguez-Quiñones ("Rodríguez") in diversity in the Puerto Rico federal district court. The case arises from the rape and robbery of Rodríguez on April 28, 2000, at Clínica Las Américas ("Clínica")--a multi-condominium-unit medical clinic where she worked as a clinical psychologist--in Hato Rey, Puerto Rico. The defendants were Clí... More...   $877000 (03-29-2005 - PR)

Plaintiff Bruce Baron, a former corrections officer at the Suffolk County House of Correction, was allegedly harassed and forced to quit his job after he broke a code of silence by reporting a fellow officer's misconduct. He sued corrections officer Daniel Hickey, the Suffolk County Sheriff's Department ("Department"), and Suffolk County Sheriff Richard Rouse for civil rights violations stemmin... More...   $500000 (03-29-2005 - MA)

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)

Under Code of Civil Procedure section 425.16, subdivision (b)(1),1 a defendant may move to strike any cause of action "arising from any act . . . in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue . . . ." If the plaintiff cannot demonstrate a "probability" of prevailing on that cause of acti... More...   $0 (03-07-2005 - CA)

This appeal arises from a jury verdict awarding Virgil and Sandra McCormack $30.4 million dollars on negligence and loss of consortium claims against Capital Electric Construction Company, Inc. The McCormacks accepted remittitur of the verdict to $8.9 million and now appeal the trial court's denial of prejudgment interest. Capital appeals the denial of its motion for new trial. In a cross-appea... More...   $30400000 (12-21-2004 - MO)

The petition before us involves the uninsured motorist provisions in a motor vehicle policy of insurance. Pursuant to a directive in Insurance Code section 11580.2, subdivision (f),1 the subject insurance contract between the insurer and the insured in this case contains a provision that (a) both parties must decide by agreement whether (1) the insured is legally entitled to collect damag... More...   $0 (11-12-2004 - CA)

The parties to this diversity action together pioneered the marketing of soybean seeds in the 1970s, jointly ventured into the seed-breeding business in the 1980s, and wound up in federal court when their industry entered the biotechnology age. The main issue on appeal is whether restrictions in the parties' 1986 joint-venture agreement (the Agreement) applied to the inheritable genetic m... More...   $40892353 (10-28-2004 - IA)

This intellectual property case pits the sport of extreme kayaking against the iconic American timepiece, Timex. In an effort to update its image, Timex Corporation ("Timex") arranged with Polar Bear Productions ("Polar Bear") to produce film footage featuring some of the stars of whitewater kayaking, paddling through exotic locales in North and South America and using equipment bearing... More...   $115000 (10-28-2004 - MT)

North Star Steel Company, a subsidiary of Cargill, Inc., operated a division called Universal Tubular Services, Inc., which produced seamless pipe. Cargill decided to sell the tubular division and retained an investment broker to assist with the sale. Among the factors considered in choosing a buyer were the purchase price, whether the parties reached a definitive agreement, and whether th... More...   $34000000 (10-12-2004 - TX)

A jury found defendant CB Richard Ellis, Inc. (defendant)1 liable to Helen A. Carter (plaintiff) for age and sex discrimination based on her claim that defendant's company-wide administrative reorganization had caused a disparate impact on women employees and those over the age of 40. The jury also found defendant liable for breach of an "oral or implied employment agreement" not to demot... More...   $0 (10-07-2004 - CA)

The jury could have found the following facts. On August 23, 1998, Speedway owned the New Hampshire International Speedway, a racetra... More...   $1200000 (09-10-2004 - NH)

Marsha Hardeman filed this action against the City of Albuquerque; the former Mayor, Jim Baca; and her former supervisor, city employee Theresa Trujeque, alleging violations of her First and Fourteenth Amendment rights and seeking damages under 42 U.S.C. §§ 1981 and 1983. Specifically, Ms. Hardeman alleged 1) that she was terminated from her employment as a Department Director of the Albuq... More...   $0 (08-05-2004 - NM)

Plaintiff, Connie Hess, filed a complaint against defendant, Michelle Espy, for injuries she allegedly sustained when defendant's vehicle rear-ended plaintiff's vehicle. Following a trial in the circuit court of Winnebago County, the jury returned a verdict in plaintiff's favor and awarded her damages in excess of $190,000. The trial court denied defendant's posttrial motion. On appeal, defend... More...   $190000 (07-26-2004 - IL)

This appeal arises out of the internecine dispute between two former employees, the defendants, Samad Aghamohammadi and Pamela Markham, and their former employer, the plaintiff, Label Systems Corporation (Label Systems), as well as its president, Kenneth P. Felis. Label Systems commenced this action against the defendants,1 who counterclaimed against Label Systems and filed a third party... More...   $239460 (07-26-2004 - CT)