The plaintiff in this medical malpractice case is the mother of a child who was injured during birth. The district court dismissed the suit as barred by the provision of the Federal Tort Claims Act that requires that the claim on which a suit is based be filed with the appropriate federal agency wit...   MORE>>

Petitioner attorneys represented respondent Minton in a federal patent infringement suit. The District Court declared Minton s patent invalid under the on sale bar since he had leased his interactive securities trading system to a securities brokerage more than one year prior to the date of the [...   MORE>>

Leonard Giguere served his country in the U.S. Army in the Vietnam War. He was injured there in a landmine explosion, causing a diaphragmatic hernia which affected the arrangement of some of his internal organs. That rearrangement would have consequences four decades later. On May 6, 2005, at age 58...   MORE>>

These appeals call to mind that the law normally ministers to the vigilant, not to those who sleep upon perceptible rights. The tale follows. These appeals trace their genesis to a suit brought by a Massachusetts corporation and its principals, citizens of Massachusetts, against their quondam a...   MORE>>

This case arises out of a delay by prison medical staff in ordering a prostate biopsy for a prisoner. Eugene Devbrow entered the Indiana prison system in 2000. During the intake process, he told the medical staff that he had prostate problems and would need to be tested for prostate cancer within tw...   MORE>>

Plaintiff-Appellant Tommie Smith, an inmate in the custody of the Colorado Department of Corrections ( CDOC ), appeals a jury verdict denying his claims under 42 U.S.C. 1983 against Defendant-Appellee Sergeant Virgil Nichols, a CDOC correctional * After examining appellant=s brief and the a...   MORE>>

Kay F. Butler ("Mrs. Butler"), individually and as executor of the estate of her husband, Truman D. Butler ("Mr. Butler"), appeals the district court s dismissal of her action for wrongful death and loss of consortium under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346. For the reasons s...   MORE>>

The plaintiffs to this action are five pension funds operated by the State of Ohio for public employees (the Funds ). The Funds invested hundreds of millions of dollars in 308 mortgage-backed securities ( MBS ) between 2005 and 2008, all of which received a AAA or equivalent credit ra...   MORE>>

Appeal from the November 3, 2010 judgment of the United States District Court for the Eastern District of New York (Thomas C. Platt, Judge), enjoining the movants-appellants from prosecuting Wyly v. Milberg Weiss LLP, No. 07/603883 (N.Y. Sup. Ct.), an action for malpractice and breach of fiduciary d...   MORE>>

Maria I amagua Merchan, an Ecuadorean woman, died on April 12, 2006, while in custody awaiting deportation. Her husband, Patricio Flores, and her uncle, Jose Encalada, (plaintiffs) filed suit against several defendants, alleging state law tort claims and violations of I amagua s federal constitu...   MORE>>