Erin Manhardt, et al. v. Shameem Tamton, M.D., et al. |
The appellant, Erin Manhardt, individually and as next friend and parent of Christopher Manhardt, a minor, brought this medical malpractice action against the appellees, Shameem Tamton, M.D., Christopher's pediatrician; Susan W. Short Pediatrics, P.A., Dr. Tamton's employer; Naples Community Hospital, Inc., the employer of the nurses who cared for Christopher immediately following his birth; a $0 (09-04-2002 - FL) |
Terry D. Loudermilk v. Jo Anne B. Barnhart |
Terry D. Loudermilk filed an application for disability insurance benefits in July 1983. The Commissioner of the Social Security Administration denied benefits on October 26, 1983. Loudermilk then requested reconsideration, which was denied on February 15, 1984. The Commissioner's Notice of Reconsideration stated: If you believe that the reconsideration determination is not correct, you may $0 (05-07-2002 - FL) |
Paul A. Gaynor v. S. Giles |
The plaintiff, Paul A. Gaynor, in his capacity as administrator of the estate of his mother, Mary Catherine Ix Gaynor (decedent), appeals1 from the summary judgment rendered against him by the trial court. The plaintiff claims that: (1) despite having personally released the named defendant, S. Giles Payne (defendant), the former executor of the decedent's estate, of all liability relating $0 (09-03-2002 - CT) |
James A. Bagnola v. SmithKline Beecham Clinical Laboratories and City of Chicago |
Plaintiff, James Bagnola, appeals an entry of summary judgment in favor of defendants, SmithKline Beecham Clinical Laboratories (SBCL) and the City of Chicago (City) on his cause of action for spoliation of evidence. In 1991, the Chicago police department ordered plaintiff, a Chicago police officer, to submit to random drug testing. Plaintiff submitted two urine specimens, which were sent to SBCL $0 (08-30-2002 - IL) |
Courtney J. Van Riper v. Correctional Medical Services, et al. |
Plaintiff Courtney J. Van Riper, a prisoner of the State of Wyoming proceeding pro se, filed this suit under 28 U.S.C. § 1983 against defendants, asserting that they were deliberately indifferent to his serious medical needs, denied him physician-prescribed medication, denied him necessary medical treatment, and retaliated against him. The district court granted summary judgment in favor of defend $0 (08-29-2002 - WY) |
Porsche Cars North America, Inc., et al. v. Porsche.Net, et al. |
Porsche Cars North America, Incorporated and Dr. Ing. h.c.F. Porsche AG, a German company, brought this in rem action against certain Internet domain names related to the name "Porsche" or another Porsche trademark, seeking an injunction that would transfer the right to use the domain names. The Porsche companies contend that some of the domain names violated their rights under the Anticy-ber $0 (08-23-2002 - VA) |
Michael Van Deusen and Patricia Van Deusen v. Mitch Seavey, et al. |
The Van Deusens sued their neighbors, the Seaveys, to enjoin a private nuisance caused by numerous sled dogs kenneled on the Seaveys’ property. The superior court denied an injunction. Did this denial collaterally estop the Van Deusens’ second lawsuit to enjoin the Seaveys? We hold that it does because the Van Deusens have not demonstrated that there was any genuine factual dispute $0 (08-23-2002 - AK) |
Securtex, Inc. v. County of Gregg |
Securtec, Inc., appeals the trial court's order granting summary judgment in favor of Gregg County on Securtec's claims seeking declaratory relief and damages as a result of Gregg County's alleged violations of the bidding laws of the State of Texas. Securtec contends the trial court erred in dismissing Securtec's requests for declaratory judgment under the mootness doctrine and its claim f $0 (08-22-2002 - TX) |
Russell W. Zeidler, et al. v. A & W Restaurants, Inc., et al. |
Beginning in 1993, the Zeidlers, through their company R.W. Hospitality Corp., owned and operated an A & W restaurant pursuant to a license agreement with A & W Restaurants, Inc. Unfortunately for the Zeidlers, the busi-ness venture was not a success. The restaurant lost money every year of operation, and in 1997 the Zeidler-A & W relationship began to sour. By January 1998 A & W was sending $0 (08-21-2002 - IL) |
Alonzo G. Davison v. James Stout, et al. |
Alonzo Davison filed this action against the City of Wagoner, Oklahoma, its police department, and various city employees, including a police lieutenant and two employees of the jail. Mr. Davison also named as defendants the Wagoner Community Hospital and a physician who worked there. Mr. Davison's allegations arise out of an April 14, 1999 traffic accident that led to his arrest on an outstanding $0 (08-20-2002 - OK) |
The City of Dallas v. Reata Construction Corporation |
In this interlocutory appeal, the City of Dallas contends the trial judge erred in denying its plea to the jurisdiction. The City contends appellee's allegations do not fall within any waiver of governmental immunity. We agree. Accordingly, we reverse the trial court's order and dismiss appellee's claims against the City. Background In July 2000, the City granted a temporary li $0 (08-15-2002 - TX) |
Oakwood Mobile Homes, Inc., et al. v. Richard Cabler and Jo Cabler |
In August of 1998, Appellees, Richard and Jo Cabler, went to Appellant’s, Oakwood Mobile Homes, Inc. (“Oakwood”), lot to shop for a manufactured home. Appellees met a salesperson, Bill Patton, who showed them various homes. They ultimately decided upon a double-wide model home. Appellees described the model home as “beautiful” and “perfect.” The cabinet $121450 (02-04-2002 - TX) |
John Mastrangelo v. Sandstrom, Inc., et al. |
This is an action to enforce John Mastrangelo's February 1991 Florida money judgment entered against defendant Sandstrom, Inc. by attaching real property located in Lemhi County, Idaho. Mastrangelo seeks to establish the corporation's ownership of the property, in part, by enforcement of an August 1991 Florida decree entered in the divorce of defendants Ray and Jodi Sandstrom. The district cou $0 (08-06-2002 - ID) |
Charmaine Brown, et al. v. Commonwealth of Pennsylvania Department of Health Emergency Services Training Institute, et al. |
Shacquiel Douglas, the one-year-old son of Appellants Charmaine Brown and Oral Douglas, was at the residence of Angela Morris, his maternal aunt. While there, Shacquiel choked on a grape. Morris dialed "911" at 11:06:22 a.m. and informed the operator that her nephew was choking on a grape. The 911 operator called Appellees Mark Stewart and John Caffey, who were emergency medical $0 (08-09-2002 - PA) |
United Coastal Industries, Inc. v. Clearheart Construction Company, Inc., et al. |
The issues in this appeal are whether the plaintiff subcontractor, in an action against the defendant contractor, can recover as restitution, in quantum meruit or unjust enrichment for work done in partial completion of the work encompassed by their written contract, and, if so, the proper amount of dam-ages. We conclude that the remedy of restitution was proper and that the amount of damage $41125 (08-09-2002 - CT) |
Carrollsburg v. Anderson |
In Taylor v. Eureka Inv. Corp., 482 A.2d 354 (D.C. 1984), we held that the owners of town house units in Carrollsburg Square, in the Southwest section of the District of Columbia ("Carrollsburg Square owners" or "appellees"), who maintained that they had a right to park without charge in an underground garage in the nearby Carrollsburg high-rise apartment building condominium ("Carrollsburg Co $0 (02-14-2002 - DC) |
Sondra McCurry, et al. v. Adventist Health System/Sunbelt, Inc. a/k/a Takoma Adventist Hospital, et al. |
This case began as a wrongful death action, but has detoured into a procedural thicket. It was commenced on August 31, 1998 by Plaintiff/Appellee Sondra McCurry, who alleged that her son, Frank E. Turner, died as a result of the negligence of the Defendant/Appellant hospital, medical group, and physicians. McCurry alleged in her complaint that the case fell within the federal courts' diversity jur $0 (08-02-2002 - TN) |
Sandra Smith v. Cigna Healthplan of Arizona, et al. |
1 Appellant Sandra Smith, M.D., sued appellees, CIGNA HealthPlan of Arizona, Mitchell Hall, and Gilbert Burkel (collectively, "CIGNA") for tortious interference with her employment and wrongful discharge. The trial court granted CIGNA's motion for summary judgment, concluding that Smith's claim was preempted by the National Labor Relations Act, 29 U.S.C. §§ 141 through 187 (the Act). Smith app $0 (08-01-2002 - AZ) |
Margaret Stewart, et al. v. U.S. Bancorp |
Margaret Stewart, Dan Berryman, William Keith, Laura Spencer, Lee Callison, Stephanie Glowa, Terri Gorecki, and Jamey Paulson (collectively "Plaintiffs") appeal the district court's dismissal of their complaint brought under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. The district court determined that Plaintiffs' lawsuit was barred by res judicata $0 (07-30-2002 - OR) |
Accrued Financial v. Prime Retail, Inc. |
The district court declined to enforce, as void against public policy, contracts and related assignments between Accrued Financial Ser- vices, Inc. ("AFS") and its clients, who were tenants in outlet shop- ping malls. The contracts provided that AFS would conduct audits of the tenants' leases with their landlords and retain 40-50% of any dis- crepancy that AFS would discover and collect for t $0 (07-29-2002 - MD) |
Joanna Cieszkowska v. Gray Line New York |
Plaintiff Joanna Cieszkowska appeals a judgment of the United States District Court for the Southern District of New York (Preska, J.), dismissing her complaint, filed in forma pauperis, for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2) because the complaint was barred by res judicata. In December 1997, plaintiff was terminated from her employment as a tour guide for Gray Line $0 (07-26-2002 - NY) |
Citizens' Committee to Save Our Canyons and Washatch Mountain Club, et al. v. United States Forest Service, et al. |
This case centers around privately and publicly owned lands located in Northern Utah and the interactions between Defendant-Appellee United States Forest Service and Plaintiffs-Appellants Citizens' Committee to Save Our Canyons, the Wasatch Mountain Club, William Thompson, and Gavin Noyes (collectively SOC) regarding development plans for the Snowbird Ski and Summer Resort. At issue is whether the $0 (07-25-2002 - UT) |
Ameritech Corp. v. E. Michael McCann |
Plaintiff-Appellant Ameritech Corporation ("Ameritech") sued E. Michael McCann, the District Attorney of Milwaukee County, seeking a declara-tion that McCann must comply with certain provisions of the Electronic Communications Privacy Act ("ECPA" or "the Act"), 18 U.S.C. § 2510 et seq. The district court granted McCann's motion to dismiss, holding that the Eleventh Amendment barred Ameritec $0 (07-22-2002 - WI) |
Thomas Joseph Bettcher, et ux. v. Jason Walker Wadsworth |
Thomas Bettcher and Brenda Bettcher, his wife, appeal the final summary judgment entered against them in their personal injury action arising from an automobile accident. We affirm the final judgment as to Thomas Bettcher because the trial court properly ruled that Mr. Bettcher had released all claims he may have had against Jason Walker Wadsworth. However, we reverse the summary judgment ente $0 (07-17-2002 - FL) |
Beulah Plain v. Murphy Family Farms |
Donald Jack Plain died after his truck slid into a hog waste pond owned and maintained by Defendant Murphy Family Farms. The decedent's widow, Plaintiff Beulah Plain, as named personal representative of the estate, filed this diversity action, 28 U.S.C. § 1332, under Oklahoma law against Defendant for wrongful death. See 12 Okla. Stat. § 1053. A jury awarded Plaintiff $3.5 million in damages. The $1900000 (07-17-2002 - OK) |
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