Search the opinions of the US Circuit Courts of Appeal

The insured and his family were traveling eastbound on I 40 near Grants. Shelton was seriously injured. The claims of the insured's two children were settled (for $35. Shelton were tried to a jury. 000 of coverage was available to compensate Mrs. That policy form is shown as # 9805.3 and is different from what the insurer now relies upon. The Haney court concluded that the per accident limits were not subject to the per person limits. Was actually issued. Whether the change was the correction of an inadvertent error or an attempt to prevent the insured from exercising his contractual rights was the subject of the federal court trial. It is clear. That the insurer was well aware of the potential for an excess judgment against its insured.

On appeal. Because (2) the evidence supported compensatory damages and (3) there was sufficient evidence for punitive damages.

In the 1920's. Graves Mountain was essentially a big. One of the minerals in the tailings was pyrite. The two suits were consolidated. Property owners' claim was that the streams looked and smelled bad. Or any other economic loss.

In the 1920's. Graves Mountain was essentially a big. One of the minerals in the tailings was pyrite. The two suits were consolidated. Property owners' claim was that the streams looked and smelled bad. Or any other economic loss.

Plaintiffs William and Dorothy

The district court dismissed Ms. All other claims were submitted to a jury. Except the claim that she was discharged because of her race. Who is African American. Was appointed to the position of Department Director of the Albuquerque Convention Center by the newly elected Mayor Jim Baca. She was a cabinet level. Hardeman was involved in three incidents that led her to criticize or question the actions of the Baca Administration and her supervisor. Hardeman claims that she was later subjected to disparaging public comments and denied a post termination contract that was promised to her because of her perceived association with African American groups.

The first speech related incident leading to Ms.

1. BACKGROUND

At the center of this case is a large piece of construction equipment known as a milling machine. Ron Smith was a groundsman for a road crew operating an Ingersoll Rand milling machine in Las Cruces. Smith was using a short sledgehammer to dislodge a jammed ski while the machine backed up. The Smiths alleged the milling machine was dangerously defective because of the lack of mirrors which would enable the driver to see the sides and rear of the machine. Ingersoll Rand now raises a superfluity of issues on appeal.

1. JURY EXPOSURE TO EXTRINSIC MATERIAL

We begin with Ingersoll Rand's claim that a new trial is necessitated by the jury's exposure to extrinsic materials during deliberations. The jurors were given an easel and large notepad which. When the notepad was discovered in the jury room after deliberations. The district court notified counsel and held two evidentiary hearings to determine whether the jurors were exposed to the pages.

Mark Schneider. UIH is based in Denver. UIH representatives made it clear they were not interested in serving as a consultant on the project for a fee. Would commit their resources in exchange for a right to invest in CNCL if Wharf was awarded the license. In response to UIH overtures that it was interested in obtaining a greater ownership interest. A foreign company is not permitted to own more than 10% in the cable operator.

Audiotext and Connections are known. The consumer placing calls is known as the end user. Was obliged under the contracts to carry Plaintiffs' 900 calls over its long distance network. Except for insignificant rural pockets where Plaintiffs were not advertising anyway. That Sprint was not remitting payment to the IPs for a significant volume of calls the IPs serviced. Showing where it did and did not have the ability to bill and collect for 900 calls. Although it could have opened up 900 access to its long distance network only in areas in which it could bill for calls directly or had contracted with a LEC and RBOC for billing services. Although its inability to collect and bill for unequal access calls was well known to Sprint. Sprint responded with surprise and assured Audiotext and Connections that the problem was not caused by any deficiency on its part. Audiotext installed equipment which allowed it to recognize whether incoming 900 number calls were accompanied by complete billing information.

The legislative backdrop against which this controversy arose was the Cable Communications Policy Act of 1984 (the

The legislative backdrop against which this controversy arose was the Cable Communications Policy Act of 1984 (the

him on the briefs were Kevin C. Was on the brief for

amicus curiae District of Columbia Financial Responsibility

&. On the brief

were Brendan V.

the District of Columbia contends that the officers are enti

tled to qualified immunity because. It was not

clearly established prior to Eric Butera's death that the

officers' conduct would violate these rights.

the appeal presents two questions of first impression in this

circuit: (1) whether the District of Columbia can be held

constitutionally liable for failing to protect an individual who

is not in custody from harm inflicted by a third party.

through which Eric Butera might have succeeded in proving a

constitutional violation. Was not clearly established prior to

his death. The officers were entitled to qualified immu

nity. We also hold that there is no parental due process right

to the company of an adult child who is independent.

Plaintiff Searles had been in the Kansas prison system since 1989 and had originally listed his religious preference as Baptist. Plaintiff was transferred from HCF to the facility in El Dorado. Plaintiff's requests were immediately granted by the El Dorado chaplain. An inmate wishing to join a religious group other than that which was his original preference may be required to participate in the

On April 19. The case was settled in late October 1991. (5) not sell any further product labeled Quick Phos unless the product was manufactured by United. The cases were consolidated for trial. Fox was liable for fraud in the breach of the settlement agreement. Improper Jury Instructions

Midland's first assigned error is somewhat confused. Midland states

Arlene Dixon. Because jurisdiction in the district court was based on diversity of the parties. We agree with the parties that New Mexico law governs here.

The facts relevant to this case are undisputed. Almost nine months after the complaint was first amended. That punitive damages were not covered by the policy. Trial on the underlying case against Buena Vista was set for April 29. Trial was ultimately held on June 18. Chicago was estopped from asserting the punitive damages exclusion in the policy because Chicago had assumed and conducted Buena Vista's defense on all issues at trial and because it did not send notice of its reservation of rights on the punitive damages until shortly before trial was scheduled to begin.