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)

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., 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)

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)

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)

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

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

2

complaint ... More...   $0 (04-18-2013 - TX)

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, 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 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)

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)

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)

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)

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)

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)

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)

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 Mississippiâ€... More...   $0 (03-20-2013 - MS)

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)

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)

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)

Appellees Frazier Caudle, Nikeith Goins, William James, Sholanda Miller and Donald Smalls (collectively, appellees) sued the District of Columbia (District), their employer, for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (Title VII). During closing argument, their counsel made four inappropriate statements—the last three of which occurred after the ... More...   $0 (02-16-2013 - DC)

Appellant, Fairways Offshore Exploration, Inc. (“Fairwaysâ€�), challenges the trial court’s judgment, entered after a jury trial, in favor of appellees, Patterson Services, Inc. (“Pattersonâ€�) and Cudd Pressure Control, Inc. (“Cuddâ€�), in Patterson and Cudd’s suit against Fairways for negligence and breach of contract. In five issues, Fairways contends that Patterson did not properly p... More...   $0 (01-31-2013 - TX)

This is the third appeal we consider in this marital dissolution action between Richard Turkanis and Joan M. Price. In the first appeal, we considered the trial court‟s order after the first of two phases of trial. The purpose of this first phase of trial was to set the value at the date of marriage of a closely held corporation (Radman) formed by Turkanis prior to marriage (the valuation trial)... More...   $0 (01-30-2013 - CA)

James Ellis Arden (Arden) appeals judgment in favor of Martina Silas (Silas) in Silas‘s action against Arden for malicious prosecution of a malpractice action against her. Silas represented Ross Gunnell (Gunnell) in a personal injury action resulting in a jury award that was later overturned on the grounds that worker‘s compensation was the exclusive remedy. Gunnell filed a malpractice action... More...   $0 (01-28-2013 - CA)

Appellant Crosstex DC Gathering Company, J.V. condemned a portion of land owned by Terry Titus Button and Ossie A. Button for purposes of a pipeline easement.[2] The Buttons objected to the commissioner’s award, and the issue of damages resulting from the easement was tried to a jury. Crosstex now appeals from the part of the trial court’s judgment in condemnation awarding the Buttons $794,7... More...   $794789 (01-26-2013 - TX)

Thomas Miller died on December 8, 2006. On February 22, 2008, his widow, Susanne Whatley-Miller, and his two daughters, Holly Elizabeth Miller and April Ann Miller (collectively, plaintiffs), filed a complaint for medical negligence and wrongful death against Michael A. Stark, M.D., Collin Cooper, M.D., and Verdugo Hills Hospital. Plaintiffs dismissed the hospital defendant with prejudice prior to... More...   $0 (01-15-2013 - CA)