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Description Date Docket #

MUSSER v. GENTIVA HEALTH SERVS.

United States Seventh Circuit
Health Law, Injury & Tort Law, Professional Malpractice
Under Indiana law a prima facie case in medical malpractice cannot be established without expert medical testimony, which here was properly excluded...
01/28/2004 03-1312

KOLB v. THE PAUL REVERE LIFE INS. CO.

United States Eighth Circuit
Injury & Tort Law, Insurance Law, Labor & Employment Law
Complications arising from elective eye surgery, which rendered the insured totally disabled, constituted an accidental bodily injury rather than...
01/28/2004 03-1031

MODERN EQUIP. CO. v. CONT'L W. INS. CO., INC.

United States Eighth Circuit
Injury & Tort Law, Insurance Law
While the injury suffered by plaintiff's customer constituted property damage within the meaning of the commercial general liability policy issued by...
01/28/2004 02-2119

KOREA WATER RES. CORP. v. LEE

California Court of Appeal
Injury & Tort Law, International Law, Judgement Enforcement
California superior court properly discharged the attachment on defendant's San Diego assets. When the Korea Supreme Court rejected the tort theory of...
01/26/2004 D040112

HICKSON CORP. v. N. CROSSARM CO., INC.

United States Eleventh Circuit
Commercial Law, Injury & Tort Law
In a controversy over promotional language employed by competitors in the wood-preservation products industry, that resulted in litigation in which...
01/26/2004 02-15899

GANTT v. SEC., USA, INC.

United States Fourth Circuit
Injury & Tort Law, Labor & Employment Law
District court erred in awarding summary judgment to plaintiff's employer with respect to her emotional distress claim. Though he knew the...
01/23/2004 03-1033

MCKEE v. KANSAS CITY S. RY. CO.

United States Fifth Circuit
Civil Procedure, Injury & Tort Law, Transportation
District court erred in denying plaintiff's motion to remand, incorrectly deeming the non-diverse defendants to have been fraudulently joined.
01/23/2004 03-60259

CHILDS v. COUNTY OF SANTA BARBARA

California Court of Appeal
Injury & Tort Law
The doctrine of primary assumption of risk would only bar recovery in a personal injury action if plaintiff were engaging in an activity involving an...
01/22/2004 B162350

FOISY v. ROYAL MACCABEES LIFE INS. CO.

United States First Circuit
Contracts, Injury & Tort Law, Insurance Law
Under the terms of her annuity policy from defendant, plaintiff was entitled to lifetime payments, not merely to five years of payments. The statute...
01/22/2004 03-1382

FEDOR v. CINGULAR WIRELESS CORP.

United States Seventh Circuit
Civil Procedure, Communications Law, Contracts, Injury & Tort Law
Plaintiff's challenge, arising from cellphone airtime minutes alleged to have been incorrectly billed, is neither a challenge to the reasonableness of...
01/22/2004 02-3332

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