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)

In this personal injury action arising out of a motor vehicle accident, the defendant Nicholas Sciaretta, Jr.,1 appeals from the judgment of the trial court rendered in accordance with a jury’s verdict in favor of the plaintiff, Lauren Cima, in the amount of $11,058.56 in economic damages and $245,000 in noneconomic damages.2 The defendant claims that the court improperly (1) admitted certain ev... More...   $0 (01-10-2013 - CT)

In this breach of contract case involving the construction and testing of underwater oil and gas pipeline equipment, appellant Allseas USA, Inc. challenges the jury's verdict in favor of appellee PS Fabricators, L.L.C. f/k/a PS Fabricators & Constructors, L.L.C. (PSF). By three issues, Allseas argues that: (1) the evidence was factually insufficient to support the jury's apparent finding that Alls... More...   $0 (12-28-2012 - TX)

Shannon E. Jackson (“Homeowner”) appeals the Circuit Court of St. Louis County’s judgment following a bench trial in favor of Jamestowne Homeowners Association Trustees (“Association”) and against Homeowner for delinquent assessments, interest, collection costs, and attorneys’ fees. Homeowner argues that the trial court erred in: (1) entering judgment in favor of Association because As... More...   $0 (12-24-2012 - MO)

Defendant Crusader Entertainment, LLC, now known as Bristol Bay Productions (Crusader) and plaintiffs Clive Cussler and his affiliated entities (Cussler)1 each appeal a postjudgment order. There are three main issues on appeal. The first is whether the trial court abused its discretion by finding there was no prevailing party for purposes of awarding attorney fees. The second is whether the trial ... More...   $0 (12-23-2012 - CA)

A jury awarded damages to Appellee Pollie DeGrandchamp for injuries she suffered when her car was struck from behind by another car. Appellant, GEICO Indemnity Company, which provided uninsured/underinsured motorists' coverage to DeGrandchamp, raises three issues in this appeal from the judgment entered against it and in favor of DeGrandchamp; however, we find merit only in GEICO's argument that t... More...   $0 (12-10-2012 - FL)

During his freshman year of high school, plaintiff-appellee Anthony Zeno ("Anthony") transferred to Stissing Mountain High School ("SMHS") in Pine Plains, New York. SMHS was a part of defendant-appellant Pine Plains Central School District (the "District"). His fellow students harassed him for the next three-and-a-half years. He brought this action below, contending that the District was deliberat... More...   $0 (12-04-2012 - NH)

AstenJohnson, Inc. (AstenJohnson) and Scapa Dryer Fabrics, Inc. (Scapa), appeal the district court’s entry of judgment in favor of Henry and Geraldine Barabin following a jury trial resolving Henry Barabin’s claim that his mesothelioma was caused by occupational exposure to asbestos. AstenJohnson and Scapa manufactured dryer felts that contained asbestos and that were installed on paper machin... More...   $0 (11-16-2012 - WA)

Candy Guajardo owed GC Services, LP’s (“GC”) $400.45 for an unpaid Sprint telephone bill. Guajardo alleged that when GC attempted to collect payment, GC mailed letters to her home address and made threatening and harassing telephone calls to her at work in an effort to collect the debt. Id. Guajardo filed suit against GC, alleging violations of the Fair Debt Collection Practices Act (the “... More...   $0 (11-08-2012 - TX)

A time worn proverb teaches that "Hell hath no fury like a woman scorned." Much the same dynamic can be in play when, as in this case, a corporation abruptly cashiers a member of senior management who believes that he deserves better.

In this instance the denouement prompted a suit for age discrimination and retaliation. After a protracted trial, the jury found the employer guilty... More...   $0 (11-01-2012 - MA)

Amy C. Miller sued her doctor, who mistakenly removed her left ovary during a laparoscopic surgery intended to take the right ovary, and a jury awarded her $759,679.74 in damages. But the district court reduced that amount by $425,000 because of a state law limiting noneconomic damages in personal injury lawsuits and a posttrial ruling finding her evidence of future medical expenses insufficient. ... More...   $0 (10-25-2012 - )

Byer Custom Builders appeals from a final judgment confirming an arbitrator’s award favoring Steven and Robin Franks. The Franks had sued Byer and numerous other defendants involved in the construction of the Franks’ residence, alleging defects. In a single issue, Byer contends that the trial court erred in entering final judgment before determining and crediting sums the Franks may obtain or ... More...   $0 (10-19-2012 - TX)

Jane Rivera a/k/a Jane Clayton files this restricted appeal challenging the trial court’s order granting a petition for enforcement with regard to a final divorce decree. Jane contends: (1) the trial court lacked plenary power to enter the order; and (2) the order included an award for unliquidated damages in the absence of any evidence to support the award. Arthur responded to Jane’s second i... More...   $0 (10-18-2012 - TX)

17 Defendant Brandon Jones, a former officer in the Utica Police Department, appeals from
18 the judgment of the United States District Court for the Northern District of New York (Hurd,
19 J.), entered pursuant to a jury verdict, awarding compensatory and punitive damages to Plaintiff
20 James Edward Payne on his claims against Jones of excessive force and battery. Jones contends
... More...   $0 (10-03-2012 - NY)

On consideration of appellant’s motion for rehearing, we withdraw the previous opinion and substitute the following.1 In this medical malpractice action, appellant Ruby Saunders, individually and as personal representative of the Estate of Walter Saunders, timely appeals a final judgment entered on a defense verdict in favor of appellee, Willis Dickens, M.D. (“Dr. Dickens”). Appellant also a... More...   $0 (09-27-2012 - FL)

In this Engle1-progeny case, Philip Morris USA, Inc. (“PM USA”) and R.J. Reynolds Tobacco Company (“RJR”), appeal final judgments following jury verdicts, awarding R o b i n Cohen, as personal representative of the estate of her late-husband Nathan Cohen, $10 million in non-economic compensatory damages and $10 million in punitive damages, from each appellant. The jury found each party one... More...   $0 (09-14-2012 - FL)

Rosalia Gonzalez sued Mount Sinai hospital for the wrongful death of her husband, Antonio Gonzalez. She claimed that, as she and her husband descended steps at Mount Sinai’s main bus stop, he fell and broke his hip, as a result of which he passed away a few weeks later. The jury returned a large verdict for the plaintiff, upon which judgment was entered after it was reduced by an uncontested rem... More...   $0 (09-14-2012 - FL)

This appeal arises from a dispute between several recording companies and Jammie Thomas-Rasset. There is a complicated procedural history involving three jury trials, but for purposes of appeal, it is undisputed that Thomas-Rasset willfully infringed copyrights of twenty-four sound recordings by engaging in file-sharing on the Internet. After a first jury found Thomas-Rasset liable and awarded dam... More...   $0 (09-11-2012 - MN)

Plaintiffs David and Joyce Plotnik sued their neighbor, defendant John Meihaus, Jr. (Meihaus), and two of his sons, defendants Greg Meihaus and John Meihaus III, alleging both contract and tort claims. In part, plaintiffs sought recovery for the emotional distress they suffered when Meihaus injured their dog. The superior court entered a judgment on jury verdicts that awarded David Plotnik over $1... More...   $0 (08-31-2012 - CA)

Bernie Lazar Hoffman, better known as Tony Alamo, appeals a jury verdict finding him liable for battery, outrage, and conspiracy. He also appeals the district court’s denial of his motion for remittitur. Having jurisdiction under 28 U.S.C. § 1291, this court affirms in part and reverses in part.

I.

Alamo was the leader of a religious group, Tony Alamo Christian Ministries (TACM). ... More...   $0 (08-28-2012 - AR)

Chandramouli Vaidyanathan brought suit against Seagate US LLC and Seagate Technology LLC (collectively, Seagate), alleging a violation of Minnesota Statutes section 181.64, false statements as inducement to entering employment, and a common law claim of promissory estoppel. The jury returned a verdict for Vaidyanathan on his statutory claim, awarding him $1.9 million in damages. The district court... More...   $0 (08-28-2012 - MN)

The defendant, Jeffrey Pasiak, appeals from the judgment of the trial court denying his motion to set aside the verdict of a jury awarding $835,700 in damages to the plaintiff Sara Socci1 for injuries and losses she claimed to have suffered due to his tortious conduct toward her during an incident at his home office on May 9, 2006. The plaintiff claimed, more particularly, and the jury found, by i... More...   $0 (08-21-2012 - CT)

This appeal concerns the legality of actions taken by the City of Frankenmuth (the City) to keep a Wal-Mart supercenter from being built on land owned by the Loesel family in Frankenmuth Township (the Township). As the result of a post purchase-agreement ordinance that restricted the size No. 10-2354 Loesel, et al. v. City of Frankenmuth Page 2 of any new buildings on the property to 65,000 square... More...   $0 (08-21-2012 - MI)

Rhonda Dowling, individually and on behalf of others similarly situated, appeals the dismissal of her class action and individual complaint against Farmers Insurance Exchange (Farmers). The trial court concluded that the five-year period to bring the action to trial (Code Civ. Proc., § 583.310) expired on June 17, 2010, pursuant to the parties‟ written stipulation. The court therefore granted F... More...   $0 (08-20-2012 - CA)

Appellant Southwest Galvanizing, Inc. (―SWG‖) sued appellee Eagle Fabricators, Inc. (―Eagle‖) for breach of contract after Eagle allegedly failed to pay SWG for ―hot dip‖ galvanizing services performed by SWG. A jury found in favor of SWG and awarded damages and attorney‘s fees. The trial court signed a final judgment in conformity with the jury‘s verdict, with the exception that t... More...   $0 (08-09-2012 - TX)