Remittitur Law
 
Brown v. Office of the Commissioner of Probation

This case presents the novel issue of whether a plaintiff who recovers punitive damages as part of a judgment
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under the provisions of G. L. c. 151B, § 9, against a subdivision of the Commonwealth may be awarded postjudgment interest on that award and on the award of attorney's fees and costs, or whether sovereign immunity bars such interest.1 The statutes relevant to the issue, inclu... More...
   $0 (08-04-2015 - MA)

Orson D. Munn, III v. The Hotchiss School

Cara Munn and her parents brought suit against the Hotchkiss
School after Munn contracted tick‐borne encephalitis on a schoolorganized
trip to China. At trial, a jury found Hotchkiss negligent and
awarded the Munns $41.5 million in damages, $31.5 of which were noneconomic
damages. On appeal, the school argues that it did not have a
legal duty to warn about or protect agai... More...
   $0 (08-03-2015 - CT)

Acadia Healthcare Company, Inc.; Psychiatric Resource Partners, Inc.; Michael A. Saul; Timothy J. Palus; Peter D. Ulasewicz; Barbara H. Bayma; and John M. Piechocki v. Horizon Health Corporation

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
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opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...
   $0 (07-23-2015 - TX)

Diamond Offshore Services Limited and Diamond Offshore Services Company v. Willie David Williams

In this Jones Act case, Willie David Williams sued Diamond Offshore Services Limited and Diamond Offshore Services Company (collectively, “Diamond Offshore”) for negligence and unseaworthiness arising out of an
2
incident in which Williams allegedly injured his back while trying to repair a piece of machinery on board an offshore oil rig owned and operated by Diamond Offshore. The trial co... More...
   $0 (07-21-2015 - TX)

State of Georgia v. Jamie Hood

Atlanta, GA - The State of Georgia charged Jamie Hood with first-degree murder for killing Athens-Clark County police officer Elmer "Buddy" Charistian in March 2011, killing public employee Omar Wray three months earlier and numerous other felonies.

Court docket entries:

Charge # Violation code Offense Offense Date Disposed On Disposition Method Disposition Stage Arrest Date Fel... More...
   $0 (07-21-2015 - GA)

The People v. Daryl Lee Johnson

This case presents an issue of first impression: In fulfilling its federal constitutional duty to disclose exculpatory evidence to a criminal defendant under Brady
2
v. Maryland (1963) 373 U.S. 83 (Brady), is the prosecution entitled to direct access to peace officer personnel files? In this consolidated writ proceeding, petitioners the San Francisco District Attorney and the San Francisco... More...
   $0 (07-06-2015 - TH)

Michelle Falk v. Children's Hospital Los Angeles

The trial court granted summary judgment in favor of defendant and respondent Children’s Hospital Los Angeles (Children’s Hospital or the hospital) and against plaintiff and appellant Michelle Falk on the ground her wage and labor claims were time-barred. The court rejected Falk’s argument the filing of a prior class action tolled her limitations periods, under American Pipe & Construction C... More...   $0 (06-24-2015 - CA)

Keely Maroney v. ASAF Iacobsohn

This appeal principally concerns the jurisdictional deadlines for noticing and ruling on a motion for new trial under Code of Civil Procedure1 sections 659 and 660. Specifically, we must decide whether service of notice of entry of judgment by the party moving for new trial triggers the statutes’ jurisdictional deadlines. We hold that it does not.
The appeal arises from a rear end automobile... More...
   $0 (06-04-2015 - CA)

Jose Robles v. Employment Development Department

This controversy—which involves the wrongful denial of unemployment
compensation benefits—began in January 2010 because of a pair of shoes. More than
five years later, appellant Employment Development Department (EDD or the
Department) continues to refuse to award Jose Robles (Robles) the benefits to which he
would have been entitled absent the Department’s error, this despit... More...
   $0 (05-05-2015 - CA)

The People v. Beatrice Brothers

A jury convicted Beatrice Brothers of voluntary manslaughter, a lesser included offense of murder, and found true the special allegation she had personally used a deadly and dangerous weapon. On appeal Brothers contends the court erred in failing to instruct the jury sua sponte on involuntary manslaughter. She also contends there is insufficient evidence to support the jury’s verdict. We affirm.... More...   $0 (04-21-2015 - CA)

State of Georgia v. Beverly Hall, et al.

Atlanta, GA - The State of Georgia charged Tabeeka Jordan and 9 others were charged with racketeering, making false statements, theft and false swearing. The State asserted by Beverly Hall, the 2009 recipient of the Superintendent of the Year at the American Association of School Administrators, and 34 other educators committed various felonies by cheating in various ways to make the scores made... More...   $0 (04-02-2015 - GA)

Ellen Pao v. Kleiner Perkins Caufield & Byers

San Francisco, CA - Ellen Pao sued Kleiner Perkins on a civil rights violation theory claiming that she was discriminated against at work because of her gender and then retaliated against when she complained. She claimed that Kleiner Perkins discriminated against her because of her gender by failing to promote her and/or by terminating her employment. She claimed that Kleiner Perkins retaliated ag... More...   $0 (03-27-2015 - CA)

Daniel William Bean v. Pacific Coast Elevator Corporation

Eric Lazear, an employee of appellant Pacific Coast Elevator Corporation (Pacific Coast), ran his vehicle into appellant Daniel William Bean's truck while Bean was stopped at a red light. Bean suffered serious injuries as a result of the accident and sued Pacific Coast. A jury found Pacific Coast negligent and awarded Bean $1,271,594.74 in damages, including $126,594.74 in economic damages, and $1... More...   $0 (03-10-2015 - CA)

Pilgrim's Pride Corporation v. Judy Mansfield

On February 26, 2015, we issued our original opinion in this case, conditionally affirming the trial court’s judgment and suggesting a remittitur of $30,000.00 from the final judgment issued by the trial court. See Tex. R. App. P. 46.3. We further provided that if the appellee, Judy Mansfield, filed a remittitur within fifteen days from the date of our opinion, we would reform the trial court’... More...   $0 (03-05-2015 - TX)

The People v. Israel O.

Israel O. was born in Mexico and is not a United States citizen. He was adjudged
a ward of the juvenile court as a result of admitting a misdemeanor violation of Penal
Code section 496, subdivision (a). Israel requested that the court make the factual
findings that would qualify him for special immigrant juvenile (SIJ) status under federal
law (8 U.S.C. § 1101(a)(27)(J); hereafter... More...
   $0 (01-16-2015 - CA)

The People v. Leonard Eldyn Oemhigen

In January 2013, defendant Leonard Eldyn Oehmigen filed a petition for the recall of his April 1998 indeterminate life sentence pursuant to Penal Code section 1170.126.2 The statute, enacted as part of a November 2012 initiative measure, provides retrospective relief under narrow criteria from indeterminate life sentences imposed for recidivism. Defendant alleged that he was eligible for resentenc... More...   $0 (12-05-2014 - CA)

Bonnie Izell v. Union Carbide Corporation

Union Carbide Corporation appeals from a judgment entered in favor of Plaintiffs Bobbie Izell and Helen Izell on claims for personal injuries and loss of consortium stemming from Mr. Izell’s alleged exposure to Union Carbide asbestos and subsequent diagnosis with mesothelioma. After a four-week trial the jury returned special verdicts finding Union Carbide 65 percent comparatively at fault for P... More...   $0 (11-21-2014 - CA)

Willis v. Prime Healthcare Services

Defendant, Prime Healthcare Services, Inc., appeals from a December 16, 2013 order denying its petition to compel arbitration and strike class claims. Plaintiff, Maucabrina Willis, cross-appeals from a December 16, 2013 order denying her Code of Civil Procedure section 128.71 sanctions motion. Plaintiff and defendant are subject to both individual and collective bargaining agreements. Defendant ar... More...   $0 (11-15-2014 - CA)

Charter Schools USA, Inc. v. John Doe. 93, etc., et al.

Charter Schools USA, Inc., The Downtown Charter School, Inc., Charter
Schools USA at Downtown Miami, L.C. (collectively Charter Schools) appeal
from an order denying their motion to dissolve writs of garnishment and to enforce
supersedeas bond. We find no error in the order on appeal and affirm.
This action was commenced on behalf of a minor child who claimed to have
been sexua... More...
   $0 (11-12-2014 - FL)

D.R. Horton, Inc. v. Steven M. Betsinger

This appeal arises from punitive damages proceedings on
remand after we issued our decision in Betsinger v. D.R. Horton, Inc.
(Betsinger I), 126 Nev. 162, 232 P.3d 433 (2010), a case that involved fraud
and deceptive trade practices in the context of a real estate purchase and
loan arrangement. On appeal, we consider whether the proceedings on
remand violated MRS 42.005(3), whi... More...
   $0 (10-16-2014 - NV)

David and Katheryn Garver v. Thomas Rosenberg, M.D., et al.

¶1 This matter comes before the court on an appeal following the district court’s entry of an order purporting to reissue a judgment pursuant to rule 60(b) of the Utah Rules of Civil Procedure. We conclude that the district court erred in reissuing the judgment and that we lack jurisdiction to address the underlying merits of the appeal.
GARVER v. ROSENBERG
Opinion of the Court
2More...
   $0 (10-10-2014 - UT)

The People v. Paul Macabeo

Defendant and appellant Paul Macabeo (defendant) appeals from the trial court’s order denying his motion to suppress evidence. He contends that the trial court erred when it found that the search of his cell phone incident to a stop for a minor traffic violation did not violate the Fourth Amendment prohibition against unlawful searches and seizures. The United States Supreme Court, in overruling... More...   $0 (09-03-2014 - CA)

Thomas O. Bennett, Jr., James B. Bonham Corporation, and Wayne H. Paris v. Randy Reynolds, Larry Grant and Richard T. Miller

Thomas O. Bennett, Jr. and the James B. Bonham Corporation appeal a final takenothing
summary judgment on claims they had asserted against Randy Reynolds, Larry Grant,
and Richard T. (Dick) Miller. The judgment also imposed sanctions jointly and severally against
Bennett, Bonham, and their attorney in this proceeding, Wayne H. Paris, and all three of them
(collectively, and as appl... More...
   $0 (08-23-2014 - )

The People v. Kelvyn Rondell Banks

Defendant Kelvyn Rondell Banks was convicted by a jury in 1998 of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to the Penal Code unless otherwise indicated), one count of attempted murder (§§ 187, subd. (a), 664), one count of forcible rape (§ 261, subd. (a)(2)), one count of forcible oral copulation (§ 288a, subd. (c)), one count of first degree r... More...   $0 (08-14-2014 - CA)

Carlo Bazan and Denise Bazan individually and d/b/a Vamp Ultra Lounge & Cafe, LLC v. Luis A. Munoz Jr.

Carlo Bazan and Denise Bazan, who are married, went into business with their long-time friend, Luis Muñoz. The Bazans and Muñoz opened a restaurant and bar in Laredo, Texas, called Vamp Ultra Lounge & CafĂ©. Two years later, Muñoz sued the Bazans, alleging they had wrongfully taken money from the business. A jury found in favor of Muñoz on his claims for breach of contract, breach of fiduciary... More...   $0 (08-13-2014 - TX)

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