Cases

RICHARDSON, P. J. Plaintiff Lila Brown was treated for cancer by the defendant physician, a radiation oncologist. Because the equipment used in the therapy was incorrectly calibrated, he administered 14 percent more radiation to her than the amount prescribed, and plaintiffs brought this action for her resulting injuries. The equipment was calibrated by medical physicists, who were hired by the hospital at which defendant is bas

SMITH, Chief Judge. Named plaintiffs James Thole and Sherry Smith (collectively, “plaintiffs”)1 brought a putative class action against U.S. Bank, N.A. (“U.S. Bank”); U.S. Ban-corp; and multiple U.S. Bancorp directors (collectively, “defendants”),2 challenging the defendants’ management of a defined benefit pension plan (“Plan” or “U.S. Bank Pe

Briefly, the facts giving rise to this controversy are as follows: Plaintiff sustained an admittedly compensable injury on May 27, 1992. The parties executed an agreement (I.C. Form 21) which was approved by the Industrial Commission on June 16, 1992. Plaintiff was released by a doctor on August 3, 1992. Defendant ceased payments unilaterally on August 19, 1992. From August 1992 through February 1993 the unrepresented plaintiff and defendant exchanged extensive correspondence. At least

GARDNER, P. J., I.STATEMENT OF THE ISSUES 1. Isa municipal authority required to engage in competitive bidding for engineering services? 2. Was the Actof June 21,1957, P.L. 392, 65 P.S. §251, et seq., violated in the instant case, and, if so, what is the effect of such violation on the actions of Factoryville Sewer Authority? 3. Were the actions of Factoryville Sewer

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D2025-1353 _____________________________ DANIEL W. KENNEDY, Appellant, v. RICHARD COMERFORD, Secretary, Florida Department of Corrections, Appellee. _____________________________ On appeal from the Circuit Court for Leon County. Jonathan Eric Sjostrom, Judge. July 8, 2

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D2025-0972 _____________________________ DENEILO BRADSHAW, Appellant, v. RICHARD COMERFORD, Secretary, FLORIDA DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Leon County. Lance E. Neff, Judge. Ju

I respectfully dissent from the majority decision to affirm the Deputy Commissioner's Opinion and Award in this case. The majority has held that "by and through the actions and inactions of its employees, defendant breached its duty to maintain Interstate 77 in Surry County in a reasonably safe condition, and was therefore, negligent." Further, the majority held that "defendant breached its duty to warn motorists of a known hazard along Interstate 77 in Surry County, or close the affec

E. GRADY JOLLY, Circuit Judge: Stream Energy, its marketing arm Ignite, and a number of other defendants (collectively, the “Defendants”) appeal the district court’s order certifying a class of some 150,000 plaintiffs (the “Plaintiffs”) in this civil action brought under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-68. The Plaintiff investors are Independent Associates in Ignite’s multi-

EDITH H. JONES, Circuit Judge, joined by EDITH BROWN CLEMENT, dissenting. • ■ I am pleased to join Judge Jolly’s dissent to the class certification approval in this case. The majority’s rules, as Judge Jolly’s dissent shows, afford far less scrutiny to class actions in cases involving mere allegations of “illegal pyramid schemes,” and are legally ill-founded. I wish to make two observations, lest the reader of

STEPHENS, Judge. Background This case arises from claims of negligence and loss of consortium brought on 21 May 2008 by Plaintiff Stephen C. Nicholson, administrator of the estate of his wife Geraldine Anne Nicholson (“the decedent”). Prior to 28 June 2005, at the age of fifty-four, the decedent began experiencing heavy rectal bleeding. It w

*521On July 6, 2009, following coronary bypass surgery in June 2009, the plaintiff, then 88 years old, went to the office of the defendant Cardiology Consultants of Westchester, EC. (hereinafter Cardiology Consultants), for a post-operative checkup with the defendant Martin B. Cohen, the plaintiffs cardiologist for 20 years and a board member and shareholder of Cardiology Consultants. While in the

*521On July 6, 2009, following coronary bypass surgery in June 2009, the plaintiff, then 88 years old, went to the office of the defendant Cardiology Consultants of Westchester, EC. (hereinafter Cardiology Consultants), for a post-operative checkup with the defendant Martin B. Cohen, the plaintiffs cardiologist for 20 years and a board member and shareholder of Cardiology Consultants. While in the

I respectfully dissent from the majority decision to reverse Deputy Commissioner Kim Cramer's Opinion and Award in the instant matter on the grounds that the deputy commissioner correctly analyzed plaintiff's credibility and the competent evidence in this case, applied the appropriate law, and came to the conclusion mandated by the evidence; that plaintiff has wage earning capacity and is not entitled to additional compensation. Deputy Commissioner Cramer found plaintiff not to be cred

ORDER TILLEY, District Judge. Plaintiffs and defendant appeal the Magistrate Judge’s Order of May 1, 1992 denying defendant’s motion to compel production of audiotapes and transcriptions and ordering plaintiffs to pay defendant reasonable costs as a sanction. Both parties filed an appeal pursuant to Fed.R.Civ.P. 72(a) claiming that part of the Order which was adverse to them was clearly erroneous or contrary

Dissenting opinion filed by Senior Judge Randolph. Millett, Circuit Judge: *1199 Browning-Ferris Industries of California, Inc. operates one of the largest recycling plants in the world. To operate its plant, Browning-Ferris contracts with Leadpoint Business Servic

NEALON, J., Defendant, James P. Albrecht has filed a motion for summary judgment seeking to preclude plaintiff Kelly Sekol from recovering noneconomic damages as a “limited tort” elector who is unable to establish that she has suffered a “serious injury” under section 1705(d) of the Motor Vehicle Financial Responsibility Law. Since Sekol’s own submissions do not create an inference from which reasonable minds could diffe

NOTICE: The attorneys on the attached list have the opportunity to comply with outstanding requirements prior to the effective date of the Supreme Court Order and not be administratively suspended. DATE: 11/14/2023 PENNSYLVANIA CONTINUING LEGAL EDUCATION PAGE: 1 TIME: 14:.42:19 NON- COMPLIANT LAWYERS USER ID: jilgenfr

Mr. Justice Baume delivered the opinion of the court. This is a suit by appellees against appellant to recover damages alleged to have been occasioned by the act of appellant in wrongfully diverting the flow of surface water from his land to and upon the land of appellees, whereby the land of appellees was rendered unfit for tillage and the crops growing thereon were injure

462 S.E.2d 542 (1995) Ludy Marie STROTHER v. James Edwards STROTHER, Jr., George T. Eldridge, and Samuel Pinder (a/k/a Samuel Piner). No. COA94-812. Court of Appeals of North Carolina. October 3, 1995. *543 Davis & Harwell, P.A. by Joslin Davis and John A. Keiger, Winston-Salem, for plaintiff-appellee. Robinson, Maread

MEMORANDUM & ORDER HERNDON, Chief Judge. Pending before the Court is plaintiff Cunningham Charter Corporation’s (“Cunningham Charter”) Motion for Class Certification (Doc. 64). Defendant Learjet, Inc. (“Learjet”), opposes the Motion (Doc. 69). Also pending is Learjet’s Motion for Oral Argument on the Issue of Class Certification (Doc. 75). Because the Court denies Cunningham Charter’s Motion f