TABLE OF CONTENTS

* POY v. BOUTSELIS

* STONE v. COURTYARD MGMT. CORP.

* VOGLER v. BLACKMORE

* SMALLWOOD v. ILLINOIS CENT. R.R. CO.

* GRUNDY MINING CO. v. FLYNN

* ASPEN ORTHOPAEDICS & SPORTS MED. v. ASPEN VALLEY HOSP. DIST.

* THOM v. BRISTOL-MYERS SQUIBB CO.

* SHIVELY v. BOZANICH

* BLAKE v. NEIGHBORHOOD HOUS. SERV. OF NEW YORK CITY, INC.

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U.S. 1st Circuit Court of Appeals
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POY v. BOUTSELIS (12/22/03 - No. 03-1201, 03-1243)
Plaintiff, prevailing in his 42 U.S.C. section 1983 action against the
police who arrested him, was inappropriately denied fees and costs.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/031201.html
POY v. BOUTSELIS (12/22/03 - No. 03-1201, 03-1243)
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U.S. 2nd Circuit Court of Appeals
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STONE v. COURTYARD MGMT. CORP. (12/22/03 - No. 03-7112)
In a personal injury action arising out of an accident involving a
hotel's automatic door, summary judgment dismissing the negligence claim
against the hotel and door manufacturer defendants is reversed.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/037112p.pdf
STONE v. COURTYARD MGMT. CORP. (12/22/03 - No. 03-7112)

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U.S. 5th Circuit Court of Appeals
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VOGLER v. BLACKMORE (12/22/03 - No. 02-41527)
Jury award for plaintiff's future pain and suffering arising from the
deaths of his wife and three-year-old daughter is affirmed. Award for
wife's conscious pain and suffering is found excessive, and award for
daughter's conscious pain and suffering is reversed.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/circs/5th/0241527cv0p.pdf
VOGLER v. BLACKMORE (12/22/03 - No. 02-41527)

SMALLWOOD v. ILLINOIS CENT. R.R. CO. (12/22/03 - No. 02-60782)
In an action arising out of an automobile and train collision, the
trial judge erred in finding that the Mississippi Department of
Transportation was fraudulently joined.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/circs/5th/0260782cv2p.pdf
SMALLWOOD v. ILLINOIS CENT. R.R. CO. (12/22/03 - No. 02-60782)

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U.S. 6th Circuit Court of Appeals
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GRUNDY MINING CO. v. FLYNN (12/23/03 - No. 01-3111)
Administrative Law Judge did not err in finding that a retired miner
had established total disability due to pneumoconiosis and is thus
entitled to an award of black lung benefits. Because defendant's current
claim was filed after the effective date of the Black Lung Benefits
Reform Act, liability remains with the plaintiff as the responsible
operator.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/03a0454p.html
GRUNDY MINING CO. v. FLYNN (12/23/03 - No. 01-3111)
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U.S. 10th Circuit Court of Appeals
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ASPEN ORTHOPAEDICS & SPORTS MED. v. ASPEN VALLEY HOSP. DIST. (12/22/03
- No. 02-1022)
District court is instructed to dismiss three tort claims brought by
two medical doctors against defendant hospital because they failed to
file written demands for monetary damages with the hospital, as required
by the Colorado Governmental Immunity Act. With regard to tort claims
brought by their medical practice, a question of fact exists as to
whether this requirement was met.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/021022.html
ASPEN ORTHOPAEDICS & SPORTS MED. v. ASPEN VALLEY HOSP. DIST. (12/22/03- No. 02-1022)

THOM v. BRISTOL-MYERS SQUIBB CO. (12/22/03 - No. 02-8099)
Warning contained in the package insert of a prescription drug
manufactured by defendant was not adequate as a matter of law with
regard to the risk of priapism. District court erred in holding that
plaintiff's doctor did not read or rely upon the warning, and that
therefore plaintiff was unable to establish that a different warning
would have avoided his injuries; summary judgment for defendants is
reversed.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/028099.html
THOM v. BRISTOL-MYERS SQUIBB CO. (12/22/03 - No. 02-8099)

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Supreme Court of California
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SHIVELY v. BOZANICH (12/22/03 - No. S094467)
The discovery rule may not be employed to delay the accrual of a cause
of action for defamation beyond the point at which the defamation is no
longer secret but was made public in a book. The statute of limitations
ran from the date the book was first generally distributed to the
public, regardless of the date on which plaintiff actually learned of
the book's contents.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s094467.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s094467.pdf
SHIVELY v. BOZANICH (12/22/03 - No. S094467)
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New York Court of Appeals
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BLAKE v. NEIGHBORHOOD HOUS. SERV. OF NEW YORK CITY, INC. (12/23/03 -
No. 153)
Labor Law section 240, New York's "scaffold law," does not impose
strict liability where there was no statutory violation, and where
plaintiff's injury was caused entirely by his own negligence.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data/ny/cases/app/153opn03.pdf
BLAKE v. NEIGHBORHOOD HOUS. SERV. OF NEW YORK CITY, INC. (12/23/03 -No. 153)
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