Andrea Sherman v. Healthsouth Specialty Hospital, Inc. d/b/a Healthsouth Dallas Rehab Hospital |
Andrea Sherman appeals the trial court’s dismissal of her negligence claims against HealthSouth Specialty Hospital, Inc. d/b/a HealthSouth Dallas Rehab Hospital because of her failure to serve a chapter 74 expert report. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351 (West 2011). To resolve her issues, we must decide whether HealthSouth’s alleged failure to secure her and her wheelchair in its $0 (04-02-2013 - TX) |
Annie Tummino v. Margaret Hamburg |
Plan B and Plan B One-Step are emergency contraceptives that can be taken to reduce the risk of pregnancy after unprotected intercourse. In 1999, Plan B became the first emergency contraceptive drug approved for prescription-only use in the United States. In 2006, the Food and Drug Administration (“FDA”) approved non-prescription access to Plan B for women 18 and older, and with a prescription $0 (04-06-2013 - NY) |
Christopher Boehringer and Enginuity Engineering, Inc. v. Mark A. Konkel |
Appellants, Christopher Boehringer and Enginuity Engineering, Inc. (“EEI”), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, Mark A. Konkel, in Konkel’s suit against Boehringer and EEI for shareholder oppression. In five issues, Boehringer and EEI contend that the |
Peter Fazio v. Cypress/GR Houston I, L.P. |
In this suit arising from the sale of land, we examine the appropriate measure of damages for a sale obtained through fraudulent inducement. A jury concluded that the seller of the land had failed to disclose material information to the buyer about the financial state of a commercial tenant who leased the land. But the jury further concluded that the buyers suffered nothing in damages proximately $0 (04-05-2013 - TX) |
South Walk at Broadlands Homeowner's Association, Inc. v. OpenBand at Broadlands, LLC |
Southern Walk at Broadlands Homeowners Association brought this action seeking a declaratory judgment against OpenBand at Broadlands, the corporation with which it had contracted in 2001 for wire-based video services. Southern Walk alleges that the 2007 Exclusivity Order issued by the Federal Communications Commission renders "null and void" OpenBand’s exclusive rights under the 2001 contracts t $0 (04-05-2013 - VA) |
United States of America v. Cortez Fisher |
It is axiomatic that, "to be constitutionally valid, a plea of guilty must be knowingly and voluntarily made." United States v. Brown, 117 F.3d 471, 473 (11th Cir. 1997). And "a guilty plea is not knowingly and voluntarily made when the defendant has been misinformed" as to a crucial aspect of his case. Id. |
WNET v. Aereo, Inc. |
2 Aereo, Inc. (“Aereo”) enables its subscribers to watch broadcast television programs over |
State of Kansas v. Derek Alonzo |
In this appeal, Derek Alonzo argues the district court did not have jurisdiction to resentence him to correct errors in his original sentence after his original sentence would have expired but for the sentencing errors. We agree and vacate the sentence imposed at his resentencing. |
National Truck Equipment Association v. National Highway Traffic Administration |
This case arises from a longstanding dispute between the National Highway Traffic Safety Administration (NHTSA) and the National Truck Equipment Association (NTEA). NHTSA is a federal agency within the Department of Transportation that writes and enforces safety standards for motor vehicles. NTEA is |
Dr. Jayen Patel v. Tulsa Pain Consultants, Inc., P.C. |
Dr. Jayen Patel sued Tulsa Pain Consultants, Inc., P.C., Ebondie Titworth, Dr. Martin Martucci, M.D., Lame Nguyen, M.D., Alana Campbell, Robert Saenz, and Dr. Andreas Revelis, M.D. on breach of contract theories claiming: |
City of Freeport v. Briarwood Holdings, LLC |
The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport |
United States of America v. Billy Joe Reynolds |
This case returns to us after the Supreme Court’s review in Reynolds v. United States, 132 S. Ct. 975 (2012). Remand requires that we reach the merits of Reynolds’s claim that the regulatory rule upon which his |
Jeffrey A. Wiest v. Thomas Lynch |
Appellant Jeffrey Wiest brought an action under the whistleblower protection provisions set forth in Section 806 of the Sarbanes-Oxley Act (“SOX”), 18 U.S.C. § 1514A, and under Pennsylvania law against Appellees Tyco Electronics Corporation and several officers and directors of Tyco Electronics (collectively, “Tyco”). The District Court granted Tyco‟s Motion to Dismiss the federal whist $0 (03-19-2013 - PA) |
Philip Morris USAS, Inc. v. James L. Douglas |
We review the decision of the Second District Court of Appeal in Philip Morris USA, Inc. v. Douglas, 83 So. 3d 1002, 1011 (Fla. 2d DCA 2012), in which the Second District certified the following question of great public importance:1 DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246 (Fla. 2006), VIOLATE THE [ENGLE DEFENDANTS’] DUE $0 (03-14-2013 - FL) |
Roman Pino v. The Bank of New York |
The issue we address in this case involves an interpretation of the applicable Florida Rules of Civil Procedure governing voluntary dismissals and the extent of the trial court’s inherent authority to remedy alleged fraud on the court through the reinstatement of a dismissed lawsuit. Although the context of the issue as presented in this case arises out of a widespread problem associated with fr $0 (03-18-2013 - FL) |
Sherry Ervin v. Cinemark, Inc. |
Sherry Ervin sued Cinemark, Inc., Cinemark Holdings, Inc., Cinemark Holdings Group, Inc., Cinemark USA, LLC, Cinemark, LLC and Cinemark Leasing Company on premises liability theories. |
Patrice McBride v. Albert McBride |
This appeal involves competing motions for enforcement and contempt orders entered against both appellant, Patrice McBride, and appellee, Albert McBride, for violating several provisions of their divorce decree. Albert was held in contempt for failing to pay certain child support commitments; Patrice was held in contempt for violating certain provisions of the parties’ standard possession order. $0 (03-12-2013 - TX) |
Ike & Zack, Inc. v. Matagorda County and City of Placios |
Appellants, Ike & Zack, Inc., Miss Gabrielle, Inc., Little Ken, Inc., Capt Anthony, Inc., Miss Adrianna, Inc., Sandra G. Inc., Capt Christopher, Inc., Father Mike, Inc., St. Daniel Philip III, Inc., Lady Toni, Inc., Kelly Marie, Inc., Capt Marcus, Inc., Capt Bubba, Inc., Trawler Emmanuel, Inc., Mariah Lynn, Inc., Trawler Santa Maria, Inc., and Josh & Jack, Inc., challenge the trial court’s summa $0 (03-14-2013 - OK) |
Betty Lou Bradshaw v. R.J. Sikes |
In three issues in this interpleader-based appeal, Appellant Betty Lou Bradshaw appeals the trial court’s orders granting summary judgment for, and distributing the interpleaded proceeds to, Appellees R.J. Sikes, Roger Sikes, Kathy Sikes, Greg Louvier, Pam Louvier, Christy Rome, Dacota Investment Holdings, L.L.P. a/k/a Dacota Investment Holdings, L.P., Colorado State Bank & Trust as custodian of $0 (03-14-2013 - TX) |
Michelle Gilstrap v. United Air Lines, Inc. |
Michelle Gilstrap has difficulty walking because of osteoarthritis and other health problems. She alleges that, on two airplane trips in 2008 and 2009, United Air Lines (“United”) did not provide her with adequate assistance moving through the airport and that she suffered physical and emotional injuries as a result. Gilstrap sued United, alleging several causes of action under California stat $0 (03-12-2013 - CA) |
Thomas J. Alfes v. Educational Credit Management Corporation |
Thomas J. Alfes appeals the district-court judgment affirming the bankruptcy court’s order granting summary judgment in favor of Educational Credit Management Corporation (ECMC). We AFFIRM. |
Michael L. Lee v. Raven Resources, LLC |
Michael L. Lee sued Raven Resources, LLC and David Stewart seeking a declaratory judgment claiming: |
John N. Horne v. Los Alamos National Security, LLC |
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Robert Crookshank v. Venerated Home Health Express, LLC |
Robert Crookshank, as Parent and Next of Kin of Teresa Crookshank, deceased, sued Venerated Home Health Express, LLC and Volunteers of America of Oklahoma, Inc. on wrongful death theories claiming: |
Cynthia Hatchett v. Panda Restaurant Group, Inc. |
Cynthia Hatchett sued Panda Restaurant Group, Inc., Praxis Development, Inc.a and MAE Development, LLC on premises liability theories claiming: |
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