alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SUSAN PARSONS, Plaintiff-Appellee, *v.*DARRELL McROBERTS, Defendant-Appellant.

Fourth District

No. 4 — 83—0830

Opinion filed May 10, 1984.

John E. Gambill, of Allen & Korkowski & Associates, of Rantoul, for appellant.

Arthur M. Lerner, of Greaves, Lerner & Kirchner, of Champaign, for appellee.

JUSTICE WEBBER

delivered the opinion of the court:

Plaintiff filed a three-count complaint against the defendant (her former stepfather) alleging in counts I and II that he wilfully, wantonly and intentionally sexually assaulted her and forced her to commit various sexual acts with him. Plaintiff requested compensatory damages in the amount of $75,000 in count I and punitive damages in the amount of $250,000 in count II. In count III, plaintiff alleged the tort of outrage and asked for $150,000 in damages.

Following a bench trial, the circuit court entered an order dismissing count III while finding in plaintiff’s favor as to counts I and II. The court awarded her $18,000 in compensatory damages and $12,000 in punitive damages. Defendant then filed a petition asking the court to reconsider the damages awarded. In its order of November 21, 1983, the circuit court denied defendant’s petition and *1007ordered him to begin paying the judgment in installments of $175 per month, stating that defendant’s ability to pay would be reviewed in one year. Defendant filed his timely notice of appeal on December 12,1983.

On appeal defendant admits that his conduct was wilful, wanton and intentional and he agrees that he should pay the plaintiff damages. However, he argues that the damages awarded here are excessive in amount because he does not have the means to pay them.

 Initially, we note that a defendant’s financial circumstances are irrelevant where an award of compensatory damages is concerned. *(Fopay v. Noveroske*(1975), 31 Ill. App. 3d 182, 334 N.E.2d 79.) Since defendant raises no other objections in this regard, we find that the $18,000 in compensatory damages awarded here was not excessive.

 In determining whether a punitive damages award is excessive, a reviewing court should consider: (1) the nature and enormity of the wrong, (2) the financial status of the defendant, (3) the potential liability of the defendant in cases where defendant faces multiple liability. *(Hazelwood v. Illinois Central Gulf R.R.*(1983), 114 Ill. App. 3d 703, 450 N.E.2d 1199.) We cannot overstate the enormity of the wrong involved in this case. Although defendant introduced evidence in the form of a self-prepared financial statement indicating that his net worth was $3,116, it is also clear that he was young, healthy and employed at the time of the trial. Under these circumstances we cannot say that the award of $12,000 in punitive damages was excessive.

Accordingly, the judgment of the circuit court of Champaign County is affirmed.

Affirmed.

TRAPP and GREEN, JJ., concur.
Exhibit 99.1


                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


In connection with the Quarterly Report of Globus International Resources Corp.
(the "Company) on Form 10-QSB for the period ended December 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Yury Greene, Chairman and Chief Executive Officer of the Company, hereby
certify pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that:

(1)  the Report fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and

(2)  the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


/s/ YURY GREENE
----------------------------------
Yury Greene
Chairman & Chief Executive Officer

February 19, 2004


                                  Page 17 of 18
### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCUIT

No. 10-60738 Summary Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee

v. MARSHUN D. STEWART, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 2:09-CR-157-1
Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Marshun D. Stewart appeals the district court’s denial of his motion for a
new trial. His brief contains no citations to the re c o r d i n s u p p ort of either his

s t atement of the facts or his legal argument. Pursuant to F E D
. R. AP P
. P

. 28(a)(7) & (9), the appellant’s brief must include “a statement of facts relevant to the issues submitted for review with appropriate references to the record” and
an argument section that contains the “appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D April 10 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 TH C IR
. R. 47.5 , the court hasd ete rm inedthat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 TH C IR
. R. 47.5 .4. Case: 10-60738 Document: 00511816542 Page: 1 Date Filed: 04/10/2012No. 10-60738

appellant relies.” Because Stewart has not provided any record support for his contentions that the district court erred in denying his motion for a new trial, he has abandoned this issue by failing to adequately brief it. See United States v. Cothran , 302 F.3d 279, 286 n.7 (5th Cir. 2002) ; Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Even if counse l ’ s unsupported arguments were considered, no abuse of discretion by the district court has been shown. See United States v. Piazza , 647 F.3d 559, 565 (5th Cir. 2011). AFFIRMED.

2 Case: 10-60738 Document: 00511816542 Page: 2 Date Filed: 04/10/2012
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<FISCAL-YEAR-END>             DEC-31-1997
<PERIOD-START>                JAN-01-1997
<PERIOD-END>                  SEP-30-1997
<CASH>                        2,605,393
<SECURITIES>                  0 
<RECEIVABLES>                 957,800
<ALLOWANCES>                  0
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<CURRENT-ASSETS>              3,563,193
<PP&E>                        556,800
<DEPRECIATION>                (7,733)
<TOTAL-ASSETS>                4,644,903
<CURRENT-LIABILITIES>         87,683
<BONDS>                       4,388,000
<COMMON>                      243,420
<PREFERRED-MANDATORY>         0
<PREFERRED>                   0
<OTHER-SE>                    (74,200)
<TOTAL-LIABILITY-AND-EQUITY> 4,644,903
<SALES>                       0
<TOTAL-REVENUES>              54,049
<CGS>                         0
<TOTAL-COSTS>                 0
<OTHER-EXPENSES>              50,872
<LOSS-PROVISION>              0
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<INCOME-PRETAX>               (69,441)
<INCOME-TAX>                  0
<INCOME-CONTINUING>           (69,441)
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<CHANGES>                     0
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<EPS-PRIMARY>                 (0.78)
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</TABLE>
ADDENDUM TO LICENSING AGREEMENT

Addendum to the License Agreement between Community Alliance, Inc. and
Rachelle Hagerty, dated November 28, 2005.

WHEREAS, Paragraph 5.01 under Paragraph 5. of the License Agreement,
LICENSE FEE, calls for a payment in the amount of $1,000 to be paid on
June 1, 2006 and a final payment in the amount of $6,000 to be paid on
or before June 1, 2007 toward the License Fee, the parties desire to
amend Paragraph 5.01.

The present paragraph reads:

         5.  LICENSE FEE.

                  5.01 For use of the INTELLECTUAL PROPERTY as described in
this Agreement, LICENSEE agrees to pay to LICENSOR a license fee of ten
thousand dollars ($10,000.00), on with an initial payment of Two
Thousand Dollars ($2,000.00) ( the "Initial Payment") to be paid with
the signing of this Agreement, a second payment in the amount of One
Thousand Dollars ($1,000.00) to be paid on or before June 1, 2006, and
the full balance of Six Thousand Dollars ($6,000.00) due on or before
June 1, 2007.


Paragraph 5.01 of the License Agreement shall be amended to read as
follows:

                  5.01 For use of the INTELLECTUAL PROPERTY as described in
this Agreement, LICENSEE agrees to pay to LICENSOR a license fee of ten
thousand dollars ($10,000.00), on with an initial payment of Two
Thousand Dollars ($2,000.00) ( the "Initial Payment") to be paid with
the signing of this Agreement, a second payment in the amount of One
Thousand Dollars ($1,000.00) to be paid on or before December 31, 2006,
and the full balance of Six Thousand Dollars ($6,000.00) due on or
before August 1, 2007.


This addendum is dated May 26, 2006

Community Alliance, Inc.

By:  /s/Phil E. Ray
     ---------------------------
	    Phil E. Ray - President

Licensee
By:  /s/Rachelle Hagerty
     ---------------------------
     Rachelle Hagerty
Case 1:03-cv-07255 Document 14 Filed 03/01/04 Page 1 of 2
Case 1:03-cv-07255 Document 14 Filed 03/01/04 Page 2 of 2
Form of Waiver



 Exhibit 10.2 
 FORM OF WAIVER 
 In consideration for the benefits I will receive as a result of my employer’s
participation in the United States Department of the Treasury’s TARP Capital Purchase Program, I hereby voluntarily waive any claim against the United States or my employer for any changes to my compensation or benefits that are required to
comply with the regulation issued by the Department of the Treasury as published in the Federal Register on October 20, 2008. 
 I acknowledge that this
regulation may require modification of the compensation, bonus, incentive and other benefit plans, arrangements, policies and agreements (including so-called “golden parachute” agreements) that I have with my employer or in which I
participate as they relate to the period the United States holds any equity or debt securities of my employer acquired through the TARP Capital Purchase Program. 
 This waiver includes all claims I may have under the laws of the United States or any state related to the requirements imposed by the aforementioned regulation, including without limitation a claim for any compensation or other payments I
would otherwise receive, any challenge to the process by which this regulation was adopted and any tort or constitutional claim about the effect of these regulations on my employment relationship. 
  

			
	UST Sequence Number:23
	
	CENTERSTATE BANKS OF FLORIDA, INC.
		
	By:	 	  

	Name:	 	
	Title:
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_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

November 29, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 134878 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 134878 

 COA: 278971 

Luce CC: 06-000887-FC 

ROBERT PAUL DALGLIESH,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the August 1, 2007 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the questions presented should be reviewed by this Court. 

d1119 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

November 29, 2007 

 Clerk
### APPENDIX 15558 T EKLEv. U NITED S TATES15559 T EKLEv. U NITED S TATES15560 T EKLEv. U NITED S TATES15561 T EKLEv. U NITED S TATES15562 T EKLEv. U NITED S TATES15563 T EKLEv. U NITED S TATES15564 T EKLEv. U NITED S TATES15565 T EKLEv. U NITED S TATES15566 T EKLEv. U NITED S TATESPRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2007 Thomson/West.
<PAGE>   1

                                                                   EXHIBIT 10.42


                [UNITED STATES SURGICAL CORPORATION LETTERHEAD]



August 14, 1998

Mr. William G. Mavity, President
InnerDyne, Inc.
1244 Reamwood Avenue
Sunnyvale, CA 94089

Dear Mr. Mavity:

Pursuant to Section 11.3 of our License Agreement dated December 20, 1996, this 
is to notify you that USSC has determined that it will not pursue development 
or commercialization of Products within the Field based upon the "IDI 
Technology" which is licensed to USSC under said Agreement. As required by our 
Agreement, we therefore hereby offer InnerDyne the opportunity to re-acquire 
all rights to the IDI Technology which was licensed to USSC under the 
Agreement. Such offer will remain open for thirty (30) days following the 
delivery to InnerDyne of this notice. If you wish to reacquire said IDI 
Technology, the purchase price thereof, pursuant tot he Agreement is [*].
                                      
Please notify us as soon as possible of your decision regarding the IDI 
Technology. Thank you.

Yours very truly,



/s/ RICHARD A. GRANGER
-----------------------------------
Richard A. Granger
Vice President

RAG/jl

Certified Mail, Return Receipt Requested




                   * MATERIAL HAS BEEN OMITTED PURSUANT TO A
                    REQUEST FOR CONFIDENTIAL TREATMENT. SUCH
                  MATERIAL HAS BEEN FILED SEPARATELY WITH THE
                      SECURITIES AND EXCHANGE COMMISSION.
Exhibit 32.1

Written Statement
Pursuant To
18 U.S.C. Section 1350

The undersigned, Steven L. Muellner, the Chief Executive Officer of Meade Instruments Corp. (the "Company"), pursuant to 18 U.S.C. §1350, hereby
certifies that:

(i)    the
Form 10Q for the quarterly period ended November 30, 2007 of the Company (the "Report) fully complies with the requirements of section 13(a) and
15(d) of the Securities Exchange Act of 1934; and

(ii)   the
information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date:
January 14, 2008

|By: |  | /s/STEVEN L. MUELLNERSteven L. Muellner President and CEO |  | 
|--- |  | --------------------------------------------------------- |  | 

---



QuickLinks
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SEC FORM
10-K FOR THE TWELVE MONTHS ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS. (IN THOUSANDS EXCEPT
EARNINGS PER SHARE)
</LEGEND>

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