William S. Gomez v. Construction Design, Inc. |
Construction Design, Inc. (CDI), appeals from the trial court's judgment for the respondent, William Gomez, in the remitted amount of $2,760,000 on a jury verdict awarding him $3,760,000 in compensatory damages for injuries he suffered from a fall at the ADM Soybean Processing Plant in North Kansas City, Missouri. At the time of the fall, Gomez was working, as a "pipefitter helper," for TMS, Inc. $0 (12-27-2002 - MO) |
Dennis Fischer, et al. v. City of Sioux City, Iowa |
Several Sioux City homeowners sued the city when a storm sewer overflowed and damaged their properties. The district court, through the application of "offensive issue preclusion," granted the plaintiffs' motion for partial summary judgment based on a prior case in which the city was found to be negligent in the design of the same drainage system. We reverse and remand. I. Background Facts and $0 (12-24-2002 - IA) |
William W. Adams, et al. v. Bowater Incorporated, et al. |
In August 1999, Great Northern, until then a subsidiary of Bowater, was sold in a share sale to a third party. Bowater, however, retained the assets and responsibilities of the pension plan that covered both Bowater and Great Northern employees. In the same month, Bowater announced that it would amend the plan to cut back certain early retirement benefits that the plan offered to Great Northern em $0 (12-18-2002 - MA) |
Robert Apuzzio, et al. v. J. Fede Trucking, Inc. |
The issue presented here is whether the doctrine of res ipsa loquitur was available to plaintiffs on facts demonstrating that the vehicle they were in was struck by a wheel that had detached from a passing truck. The trial court in granting summary judgments in favor of defendants believed it was not. We disagree. On September 3, 1998, Israel Barden was operating a tractor- trailer owned $0 (11-18-2002 - NJ) |
Nancy L. Powell, et al. v. Stan Bunn, et al. |
The Portland Public School District (district) allows community organizations to use school facilities, subject to certain restrictions. The Pacific Cascade Council of the Boy Scouts of America (Boy Scouts) is one of the organizations that takes advantage of that policy. For schools underserved by scouting programs, particularly those with disadvantaged student populations, the Boy Scouts engages $0 (12-12-2002 - OR) |
Lorine Harris v. Milton Grimes |
In March 1989, Gardena police officer David Mathieson shot and killed appellant Lorine Harris's unarmed son during the nighttime execution of a search warrant. Appellant alleges Mathieson accidentally fired his gun when a flash-bang grenade used by the police as they forced their way into the home startled Mathieson.1 In January 1990, appellant filed wrongful death complaints against Mathieson $0 (12-09-2002 - CA) |
Brian Wasko, et al. v. James Manella |
This appeal presents a novel question regarding an insurer's subrogation rights when a houseguest accidentally burns down an insured's vacation home. The defendant, James Manella, appeals from the trial court's award of $132,505 to the plaintiff, Middlesex Mutual Assurance Company (Middlesex),1 which insured and paid the claim on the destroyed house. Manella contends that the court improper $0 (12-05-2002 - CT) |
Dennis Dubuc v. Green Oak Township, et al. |
This case involves a dispute over land use between landowner Dennis Dubuc ("Appellant") and Green Oak Township (the "Township"), where the land is located. This dispute has taken numerous forms, lasted many years, and involved multiple judicial decisions by various courts. In its present manifestation, the parties opposing Appellant are Green Oak Township, Green Oak Township Zoning Board of Appeal $0 (12-02-2002 - MI) |
Macris & Associates, Inc. v. Neways, Inc., et al. |
On April 17, 1991, Macris filed suit against Images and Attitude, Inc. (Images), owned by Mowers, claiming breach of contract.(3) 3 On September 1, 1992, Images sold its assets to Neways. Consequently, on February 14, 1995, Macris filed suit against Neways and Mowers, claiming fraudulent conveyance, successor liability, and alter ego, asserting that the transfer of assets from Images to New $0 (12-02-2002 - UT) |
Newport Church of the Nazarene v. Gordon R. Hensley and Employment Department |
This case presents two issues for review. The first is whether claimant, formerly a youth minister for the Newport Church of the Nazarene (church), is entitled to unemployment compensation benefits. The second, which arises only if claimant prevails on the first issue, is whether he is entitled to interest on the benefits award. The Employment Appeals Board (board) of the Oregon Employment Departm $0 (10-24-2002 - OR) |
Ronald W. Peterson and Simone L.R. Peterson v. Danni Fielder and Rhonda L. Fielder |
Defendants appeal from a supplemental judgment for plaintiffs awarding them attorney fees and costs in their action involving claims based on a promissory note for the balance of the purchase price of real property. We conclude that the trial court did not err in awarding plaintiffs their attorney fees and costs and affirm. The facts are largely undisputed. In 1997, plaintiffs sold their res $1 (11-29-2002 - OR) |
County of Santa Fe v. Public Service Company of New Mexico, et al. |
In December 1998, the County of Santa Fe ("County") filed suit in New Mexico state court against PNM seeking to enjoin construction of the powerline. The County alleged that the powerline project was in violation of its Land Development Code ("Code") because PNM had not obtained a required development permit and was not burying the powerline. After initially failing in an attempt to remove the cas $0 (11-27-2002 - NM) |
Brian E. Catt v. Board of Commissioners of Knox County |
In the early morning of May 18, 1995, eighteen-year-old Brian Catt was traveling southbound on County Road 200 East in Harrison Township, Knox County, Indiana. At that time there was only a slight mist or sprinkle. However, the night before, Knox County had experienced a torrential rainstorm. Proceeding down a small hill Catt saw mud in the road. As he advanced, Catt noticed that the road was out $0 (11-26-2002 - IN) |
Campanale & Sons, Inc., et al. v. Donald Evans, Secretary of Commerce |
UnknownThis case involves regulation of one of New England's most famed resources: the American lobster. Despite the lobster's somewhat other-worldly appearance with its protruding eyes, spindly legs, and oversized claws, its meat is highly valued by epicures across the country, making the lobster fishery one of the most competitive and valuable fisheries in North America. As a result of this comp $0 (11-25-2002 - RI) |
Jeffrey I. Dontigney v. Clinton Roberts |
The pro se plaintiff, Jeffrey I. Dontigney, appeals from the summary judgment rendered by the trial court in favor of the defendant, Clinton Roberts. The plaintiff claims, inter alia, that the court acted improperly in concluding that his action was barred under the doctrine of res judicata and, therefore, should not have granted the defendant's motion for summary judgment. We disagree and $0 (11-24-2002 - CT) |
Cumberland Farms, Inc. v. Town of Groton |
The plaintiff, Cumberland Farms, Inc., appeals1 from the judgment of the trial court rendered in favor of the defendant, the town of Groton (town). The plaintiff initiated the present action against the town, alleging that the denial of its application for a zoning variance by the town's zoning board of appeals (board) effected an inverse condemnation2 of its property entitling the plaintif $0 (11-18-2002 - CT) |
Wal-Mart Stores, Inc. and Sam's East, Inc. v. Elena Lopez, et al. |
In this interlocutory appeal, Wal-Mart Stores, Inc. and Sam's East, Inc. (collectively, "Wal-Mart") appeal the trial court's order granting class certification to Elena Lopez, Liberty Morales, Chad Matthews, and James Veillon, on behalf of themselves and all others similarly situated. Because individual issues will predominate over common issues, and the class action is not the superior method fo $0 (11-15-2002 - TX) |
Citicasters Company v. Stop 26-Riverbend, Inc. |
{1} Defendants-appellants, Stop 26-Riverbend, Inc. ("Stop 26"), Esq. Communications, Inc. ("ESQ"), and attorney Percy Squire ("Squire"), appeal from a decision of the Mahoning County Common Pleas Court finding them in contempt of court. {2} The relationship between the parties here dates back to at least May 20, 1998 when plaintiff-appellee, Citicasters Co. ("Citicasters"), and Stop 26 enter $0 (05-02-2002 - OH) |
Fifth Avenue Presbyterian Church, et al. v. The City of New York, et al. |
Defendants-Appellants the City of New York, Bernard Kerik and Rudolph Giuliani (collectively "the City") appeal from an opinion and order of the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) entering a preliminary injunction in favor of Plaintiffs-Appellees Fifth Avenue Presbyterian Church ("Presbyterian" or "the Church") and ten homeless persons. $0 (06-12-2002 - NY) |
Gennifer Flowers v. James Carville, Hillary Rodham Clinton, Brown & Co. & George Stephanopoulos |
Long after the public spotlight has moved on in search of fresh intrigue, the lawyers remain. And so we find ourselves adjudicating a decade-old dispute between Gennifer Flowers and what she affectionately refers to as the "Clinton smear machine": James Carville, George Stephanopoulos and Hillary Clinton. Flowers charges that said machine destroyed her reputation by painting her as a fraud a $0 (11-12-2002 - CA) |
Eskanos & Adler, P.C. v. Somkiat G. Leetien |
Somkiat Leetien ("Leetien") filed for bankruptcy. Shortly thereafter, her creditor, First Select, Inc. ("First Select"), through its legal counsel and collection agent, Eskanos & Adler ("Eskanos"), filed in state court a collection action against Leetien. The bankruptcy judge jointly sanctioned Eskanos and First Select $1,000 for willfully violating the automatic stay protection in federal b $0 (11-07-2002 - CA) |
The Nostalgia Network, Inc. v. Bonnie M. Lockwood |
Nostalgia Network filed this diversity suit against Bonnie Lockwood to recover more than $300,000 that she had received from her boyfriend Merrick Scott Rayle, who owes Nostalgia millions. The suit claims that the transfer to Lockwood was fraudulent, and if so then under the Uniform Fraudulent Transfer Act, in force both in Illinois and Indiana (the two states that are candidates to furnish $300000 (11-07-2002 - IL) |
Hall Contracting v. Entergy Services |
Entergy owns and operates the Remmel Dam on the Ouachita River near Hot Springs, Arkansas. Constructed in 1923, the dam is an "Amberson-style" gravity dam comprised of abutments on the north and south shores of the river and a spillway that spans the river and connects the two abutments. In 1996, Entergy solicited bids for a construction project designed to alleviate the Federal Energy Regulat $0 (11-06-2002 - AR) |
Douglas M. Bruce v. Weekly World New, Inc. |
Douglas M. Bruce appeals from a district court judgment which directed the tabloid Weekly World News ("World News") to pay him $20,142.45 in damages and nonduplicative profits due to its acknowledged copyright infringement. Bruce insists that he is entitled to additional damages amounting to between $359,000 and $406,000. With but one exception, the district court judgment is affirmed. I $25642 (11-05-2002 - MA) |
Susan Cooper Houben v. Telular Corporation |
Susan Cooper Houben's dispute with her former employer Telular Corporation about commissions it owed her is making its second ap-pearance before this court. The first time, we affirmed a jury's decision to award Houben $98,364 for Telular's failure to pay her commissions due under the Illinois Wage Payment and Collection Act (IWPCA), 820 ILCS 115/1, et seq., but declined to resolve whether T $98364 (11-04-2002 - IL) |
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