Remittitur Law
 
ATI Career Enterprises, Inc. D/B/A ATI Career Training Center v. Shahbaz F. Din

Appellee Shahbaz F. Din sued his former employer, appellant ATI Enterprises, Inc., d/b/a ATI Career Training Center, for national-origin discrimination and retaliation. A jury found in Din’s favor on both claims, and the trial judge rendered judgment in favor of Din. ATI appeals, and Din cross-appeals. We reverse the judgment, dismiss Din’s retaliation claim for lack of subject-matter jurisdic

More...   $0 (09-28-2013 - TX)

Ann M. Morrical v. Jesse Rogers

Siblings Michael (Mike) McGraw, John McGraw and Ann Morrical are co-equal shareholders of a group of family corporations.1 Disputes between the siblings over the management of these corporations led to conflicts and litigation. Mike and John (collectively the Brothers) then entered into a series of transactions with an outside management company and, over the objection of their sister, voted to re

More...   $0 (10-10-2013 - CA)

Oncor Electric Delivery Company, LLC v. Marco Murillo

In this personal injury lawsuit, appellant Oncor Electric Delivery Company, LLC (“Oncor”) appeals a judgment rendered on a jury verdict against it and in favor of appellee Marco Murillo, an employee of Leo Gomez d/b/a AAA Demolishing (“AAA”). Murillo sustained serious personal injuries from

2

electrocution while he worked for AAA at a demolition site in Dallas. The jury f

More...   $0 (09-27-2013 - TX)

Michael Aleo v. SLB Toys USA, Inc.

In 2006, while visiting relatives in Andover, twenty-nine year old Robin Aleo [FN4] attempted to use an inflatable swimming pool slide that had been imported and sold by Toys "R" Us, Inc., and Toysrus.com, LLC (collectively, Toys R Us). [FN5] She slid down head first; when she reached the bottom of the slide, it collapsed, and her head struck the concrete deck of the swimming pool through the fab

More...   $20600000 (09-14-2013 - MA)

TREIMee Corp. d/b/a Park on Westview Apts and Park on Westview Apartments, LP v. Armando Garcia

In this premises liability case, appellants, TREIMee Corp. d/b/a Park on Westview Apts (“TREIMee”) and Park on Westview Apartments, LP (“Park on Westview”), appeal from the trial court’s judgment rendered on the jury verdict in

2

favor of appellee, Armando Garcia, for injuries sustained when he fell through a collapsed concrete platform on an outside stairway of an apartmen

More...   $0 (08-29-2013 - TX)

Louis C. Prager v. Campbell County Memorial Hospital

This appeal arises from a diversity action based on a claim of medical negligence.

The injured plaintiff, Louis Prager, alleged that Campbell County Memorial Hospital and its employee, Dr. Brian Cullison (together, the Hospital Defendants), negligently failed to diagnose Mr. Prager’s broken neck following an automobile accident, resulting in serious nerve damage to his left arm. After a l

More...   $7000000 (08-12-2013 - WY)

Clear Lake Center, L.P. v. Garden Ridge, L.P

Garden Ridge, L.P. sued Clear Lake Center, L.P. for breach of a commercial real property lease. Garden Ridge claimed that Clear Lake charged Garden Ridge for impermissible management fees under the lease. Garden Ridge moved for summary judgment on its affirmative claim and on Clear Lake‘s counterclaim for declaratory relief. Clear Lake responded and moved for summary judgment on its affirmative

More...   $0 (07-19-2013 - TX)

Sony BMG Misic Entertainment v. Joel Tenenbaum

Joel Tenenbaum illegally downloaded and distributed music for several years. A group of recording companies sued Tenenbaum, and a jury awarded damages of $675,000, representing $22,500 for each of thirty songs whose copyright Tenenbaum violated. Tenenbaum appeals the award, claiming that it is so large that it violates his constitutional right to due process of law. We hold that the award did not

More...   $0 (06-25-2013 - MA)

Robert Jeffrey Chaskes, D.O. v. Zoila Gutierrez

Robert Jeffrey Chaskes, D.O., Sandra Saint-Eloi, A.R.N.P., and their employer Vohra Health Services, P.A., appeal from a final judgment in this medical malpractice action for the negligent treatment of a sacral decubitus ulcer (a bedsore). The defendant doctor and nurse treated then eighty-eight-year-old Dilia Jaquez over a period of two weeks while she was at Miami Gardens Nursing Center followin

More...   $0 (05-20-2013 - FL)

Sarah Badahman Catering St. Louis

The jury returned a verdict in favor of Sarah Badahman and against Catering St. Louis and its president, Mark Erker (collectively "CSL"), in the amount of $11,250 for compensatory damages and $2,000 for punitive damages. Badahman filed a motion for additur or, in the alternative, a new trial pursuant to § 537.068,1 Rule 78.01, and Rule 78.02. The circuit court sustained Badahman's motion and gave

More...   $0 (04-09-2013 - MO)

Federal Trade Commission v. Meggie Chapman

This appeal arises from a bench trial in which the district court found that Appellant Meggie Chapman violated the “assisting and facilitating” provision of the Telemarketing Sales Rule, 16 C.F.R. § 310.3(b).

The underlying consumer protection action was brought by the Federal Trade Commission and four states against several individual and corporate defendants who marketed and sold to

More...   $0 (05-07-2013 - KS)

Manzoor Memon v. Haroon Shaikh

The defendant in this defamation case asks us to reverse the judgment and remand the case for a new trial. He argues that this result is required because the jury’s answer to the single actual-damages question was predicated on its findings that he published nine defamatory statements that he knew or should have known were false, but the evidence is legally insufficient that one of the statement

More...   $0 (05-02-2013 - TX)

Hitesh B. Yagnik, M.D. v. Marcus Hernandez

Appellant Hitesh B. Yagnik, M.D. appeals from the trial court’s judgment in favor of Appellees Marcus Hernandez and Diane Hernandez. Yagnik brings four issues challenging the trial court’s denial of his motion for directed verdict and motion for new trial. Because we hold that Yagnik failed to preserve his

____________________

1See Tex. R. App. P. 47.4.

2

complaint

More...   $0 (04-18-2013 - TX)

Carolyn Barnes v. University Federal Credit Union

This is the second appeal in this suit filed by appellant Carolyn Barnes, plaintiff in the underlying proceeding, against appellees University Federal Credit Union (UFCU) and Government Employees Insurance Company (GEICO). In our prior opinion, we affirmed the trial court’s severance order and partial summary judgment in favor of UFCU and GEICO. Barnes’s remaining claims and UFCU’s countercl

More...   $0 (04-18-2013 - TX)

Guillermo Garza d/b/a Wilhome Builders & Construction v. Jesse Cantu

Guillermo Garza, doing business as Wilhome Builders and Construction, (“the builder”) sued Jesse Cantu (“the buyer”) for breach of a construction contract. After the jury returned a verdict for the builder, the buyer moved for judgment notwithstanding the verdict (JNOV), arguing that the jury’s damages calculations lacked evidentiary support. The trial court granted the motion. We

More...   $0 (04-16-2013 - TX)

The People v. Jose Vega

A jury convicted two brothers, defendants, Jose and David Vega, of two counts of attempted voluntary manslaughter (Pen. Code,1 §§ 664, 192, subd. (a)) (counts 1 and 2). In addition, defendants were each convicted of a single count of shooting at an occupied vehicle (§ 246) (count 3). The jury found the crimes were committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1).) T

More...   $0 (04-03-2013 - CA)

Frank Keathley v. Corbitt Baker

Frank and Melissa Keathley appeal from an adverse judgment rendered on the jury’s verdict in favor of Corbitt Baker in the Keathleys’ suit arising from a real estate contract. In six issues, the Keathleys contend the trial court erroneously vacated a prior judgment, awarded attorney’s fees to Baker, failed to award attorney’s fees to the Keathleys, submitted certain jury questions, and dir

More...   $0 (04-04-2013 - TX)

Janet Henebema v. South Jersey Transportation Authority and New Jersey State Police

Defendants South Jersey Transportation Authority (SJTA) and the New Jersey State Police (NJSP) (collectively referred to as "defendants") appeal from a judgment in plaintiff Janet Henebema's favor, entered after a jury trial, and an order denying their motion for a remittitur. Plaintiff cross-appeals from an order denying her request for pre-judgment interest pursuant to Rule 4:58-2(a)(2).1

More...   $0 (04-01-2013 - NJ)

Soma Mandal, M.D. v. Port of Authority of New York and New Jersey

Defendant Port Authority of New York and New Jersey and defendant Modern Facilities Services, Inc., appeal from a judgment based on a jury verdict in favor of plaintiff Soma Mandal, M.D., for injuries suffered as a result of her fall at Pavonia Station in Jersey City on March 18, 2007. Because, among other things, the trial judge erroneously instructed the jury that the Port Authority was burdened

More...   $0 (04-04-2013 - NJ)

The People v. Khristine Elaine Eroshevich

The People of the State of California appeal after a series of rulings which resulted in the dismissal of charges against two defendants, Dr. Khristine Elaine Eroshevich and Howard Kevin Stern. Mr. Stern‟s new trial motion was granted. Two conspiracy counts were then dismissed pursuant to Penal Code1 section 1385, subdivision (a) (section 1385). We will reverse the new trial and dismissal orders

More...   $0 (03-28-2013 - CA)

Conejo Wellness Center, Inc. v. City of Agoura Hills

Appellant Conejo Wellness Center, Inc. (Conejo) is located in the City of Agoura Hills. Conejo is a California cooperative corporation that operates as a nonprofit collective engaged in the distribution of medical marijuana to its members. Respondent is the City of Agoura Hills (Agoura).

In the court below, Conejo filed a complaint which sought injunctive and declaratory relief against Agou

More...   $0 (03-29-2013 - CA)

Lisa Learmonth v. Sears, Roebuck and Co.

A federal jury found Sears, Roebuck and Co. liable for causing Lisa
Learmonth’s injuries in an automobile accident. In a general verdict, the jury
awarded her $4 million in compensatory damages. On Sears’ motion, the district
court interpreted the award to include $2.2 million in noneconomic damages,
then reduced this portion of the award to $1 million pursuant to Mississippi

More...   $0 (03-20-2013 - MS)

The People v. David Vega

A jury convicted two brothers, defendants, Jose and David Vega, of two counts of attempted voluntary manslaughter (Pen. Code,1 §§ 664, 192, subd. (a)) (counts 1 and 2). In addition, defendants were each convicted of a single count of shooting at an occupied vehicle (§ 246) (count 3). The jury found the crimes were committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1).) T

More...   $0 (03-07-2013 - CA)

Lisa Learmonth v. Sears, Roebuck and Co.

A federal jury found Sears, Roebuck and Co. liable for causing Lisa Learmonth’s injuries in an automobile accident. In a general verdict, the jury awarded her $4 million in compensatory damages. On Sears’ motion, the district court interpreted the award to include $2.2 million in noneconomic damages, then reduced this portion of the award to $1 million pursuant to Mississippi’s statutory cap

More...   $0 (02-27-2013 - MS)

Catherine O. Duncan v. Mill Management Company of Greenwicch, Inc.

This appeal arises from a negligence action brought by the plaintiff, Catherine O. Duncan, against the defendants, Mill Management Company of Greenwich, Inc. (management company), and the Greenwich Chateau Condominium Association (condo- minium association), after the plaintiff fell and was injured when stepping down from the roof deck of the Greenwich Chateau Condominiums (condominium building),

More...   $0 (02-21-2013 - CT)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher