This case is before us on appeal for a second time. In the first appeal (hereinafter “Messer I”), (See footnote 1) we reversed the dismissal by the lower court of Theresa D. Messer's discrimination suit based on handicap. Ms. Messer (hereinafter “Appellant”) now appeals from the January 11, 2007, order of the Circuit Court of Cabell County granting summary judgment to the defendants ... More...   $0 (06-26-2008 - WV)

This is an appeal from an arbitration award in favor of appellee, Daniels & Daniels. In an opinion and judgment dated February 13, 2008, we reversed the trial court's judgment in part and remanded for entry of judgment consistent with our opinion because we concluded the trial court erred in affirming portions of the arbitration award. Appellants filed a motion for rehearing. We grant the motion f... More...   $0 (05-16-2008 - TX)

In the underlying lawsuit in this matter, real parties in interest (hereinafter collectively referred to as plaintiffs)1 allege that prior to September 2001, defendant and petitioner Costco Wholesale Corporation (Costco) misclassified certain managers as exempt employees. Plaintiffs assert they have a right to inspect a letter that has been redacted by the trial court. In this writ of mandate ... More...   $0 (03-27-2008 - CA)

2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability policy from Victoria Gittlen, a licensed insurance agent... More...   $0 (03-12-2008 - AZ)

Respondent Dominick A. Tunzi sued his former employer and hired appellants James T. Stroud and Van T.... More...   $0 (02-23-2008 - CA)

In the early 1990s, Cynthia DeLores Tucker, whose history as an activist dates back to the civil rights movement of the 1950s and 1960s, became concerned with the increasing popularity of the style of hip-hop music known as "gangsta rap," particularly its appeal to African-American youth. She enlisted the support of notable entertainers including Dionne Warwick and Melba Moore to engage in l... More...   $0 (02-08-2008 - CA)

2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability policy from Victoria Gittlen, a licensed insurance ag... More...   $0 (01-10-2008 - AZ)

Nine-year-old Nathan Walters died after ingesting part of a peanut butter cookie, which was served to him in a school lunch on a school field trip. The school district had been aware that Nathan was severely allergic to peanuts, but it did not provide him with a special lunch, nor did school personnel administer epinephrine soon enough to prevent his death. The school di... More...   $0 (12-27-2007 - WA)

Plaintiff filed a complaint alleging that defendant failed to pay for certain improvemen... More...   $0 (11-01-2007 - CO)

While employed as a dispatcher for the City of Taft Police Department, plaintiff Aimee Nichols was allegedly subjected to physical and verbal sexual harassment on the job. She filed suit alleging claims of intentional tort and violation of the Fair Employment and Housing Act (FEHA).1 On the eve of trial, the parties settled. It was agreed in the settlement that defendant, City of Taft, woul... More...   $175000 (10-06-2007 - CA)

[1] The federal district court for the District of Wyoming certified two questions to this Court concerning how a negligent attorney‟s contingency fee in the underlying personal injury action should be accounted for in a subsequent malpractice award to his former client. We conclude that, consistent with our damages jurisprudence in other areas of the law, a malpractice plaintiff is e... More...   $0 (08-09-2007 - WY)

{1} Plaintiffs, Computer One, Inc., and its president, Caroline C. Roberts (both referred to as "Computer One"), sued their former attorneys Grisham & Lawless, both individually and as a firm, alleging legal malpractice. The district court granted summary judgment in favor of Defendants on the basis of claim preclusion (res judicata), finding that Computer One's legal malpractice claims ... More...   $0 (06-13-2007 - NM)

{1} This case involves a dispute between two state auditors, Plaintiff Robert E. Vigil and Defendant Domingo P. Martinez. After Vigil left office as state auditor, Martinez took over and had an independent audit performed on Vigil's work at the agency by Defendant Dennis R. Kennedy, C.P.A., and his Albuquerque accounting firm, Dennis R. Kennedy, P.C. The report issued by Kennedy made sev... More...   $0 (06-01-2005 - NM)

Thomas Persson and Jon Nokes, both fifty percent shareholders in Smart Inventions, Inc., a corporation that marketed household consumer products, entered into a buyout agreement in which the corporation redeemed all of Persson's shares. On the day the agreement was executed, the corporation began test marketing of a product called the Tap Light, which was an instant success and generated ... More...   $306000 (01-21-2005 - CA)

Kathryn Sampson and Terry Lowns dated intermittently for several years. In September 2001 Lowns discovered he had terminal cancer. The same month, he executed a will naming Sampson execut... More...   $65000 (12-29-2004 - IA)

Appellant, Decker, Vonau, Sybert, & Lackey, Co., L.P.A. ("Decker"), provided prepetition legal services to the Debtor, Simms Construction Services Co., Inc. ("Simms Construction"). Decker received payment for those services from the proceeds of an arbitration award during the ninety days preceding Simms Construction's bankruptcy filing. Harold A. Corzin, plaintiff-appellee, sued Decker assert... More...   $0 (07-08-2004 - OH)

These appeals arise from an action filed by the plaintiff, Updike, Kelly & Spellacy, P.C., a law firm, against the defendants,1 former airline pilots, seeking to recover legal fees incurred in representing the defendants in three cases. The plaintiff's third amended revised complaint alleged breach of contract (count one) and sought damages in quantum meruit (count two). The defendants f... More...   $0 (06-14-2004 - CT)

Does the City Attorney's prior representation of the target of a public investigation in matters substantially related to that investigation require vicarious disqualification of the entire City Attorney's Office? We hold that it does. Public confidence in the administration of justice and the integrity of the bar requires that both the City Attorney and his office be disqualified.1 We exp... More...   $0 (06-11-2004 - CA)

The principal issue raised by these consolidated, certified appeals1 is whether an arbitration clause, in a contract executed under New York law, is enforceable when it authorizes an arbitration panel consisting solely of directors and partners of one of the parties. We conclude that, under the facts of this case, the arbitration clause is enforceable under New York law and, accordingly,... More...   $0 (05-02-2004 - CT)

1. Did the district court err in precluding the appellants' retained emer... More...   $0 (04-21-2004 - WY)

In May of 1990, Gary Claus ("Claus") was involved in an automobile accident in which his car struck another car that was carrying four individuals. Two of those passengers were killed during the accident and the other two passengers suffered injuries. Following the accident, Claus, who had been driving while intoxicated, pled guilty to two counts of involuntary manslaughter. Jennifer Tobin Harcrow... More...   $0 (01-12-2004 - MO)

This appeal concerns the rights of a surety, pursuant to an indemnity agreement, to indemnification for payments made in settling a claim against a surety bond. The sole parties in this appeal are National Fire Insurance Company of Hartford (National) and Frank Mercede and Sons, Inc. (Mercede), the two defendants in the underlying action.1 National, a commercial surety company, appeals2 ... More...   $0 (01-07-2004 - CT)

A real estate empire collapses. The estate's bankruptcy trustee, through its attorney of record, sues the empire's accountants for their role in the collapse. The parties settle. As part of the settlement, the trustee's attorneys now represent the accountants in a suit against their malpractice insurer on a contingency fee basis (while still representing the trustee in enforcing the settleme... More...   $0 (11-24-2003 - CA)

For many years, Arizpe drove for Abetter as an independent contractor hauling sand and gravel. In 1995, Arizpe was placed in charge of the trucking fleet and was responsible for virtually all field operations. His duties included recruiting, hiring, and firing drivers, and handling any problems that arose with the drivers or clients. Abetter's principal client was Vulcan Materials. As part of h... More...   $0 (07-03-2003 - TX)

The heirs of decedent Gerald Reynolds (collectively plaintiffs) sued Scripps Health dba Scripps Memorial Hospital Encinitas (Scripps) for damages for wrongful death arising out of Reynolds's hospitalizations at Scripps's facility. During the course of discovery, plaintiffs served written document requests on Scripps seeking "[a]ll records regarding any incidents and/or changes in [the] conditi... More...   $0 (06-06-2003 - CA)