Sony Computer Entertainment America, Inc. appeals the district court’s summary judgment in favor of defendants American International Specialty Lines Insurance Company and American Home Assurance Company. Sony sued the sister insurance companies for failing to indemnify and defend it in a class action suit alleging product defects in a video game system known as the Sony PlayStation 2. The distr... More...   $0 (07-15-2008 - CA)

This case requires us to determine whether a lender's right to enforce a promissory note's acceleration clause has been waived by lender's repeated acceptance of late monthly payments from its borrower. The district court granted summary judgment to lender, Foundation Property Investments, LLC (Foundation), holding that Foundation was entitled to accelerate. The borrower, CTP, LLC (CTP), appealed,... More...   $0 (07-03-2008 - KS)

Plaintiffs (the “Garcias”) brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671, 2674, for personal injuries and damages sustained from exposure to toxic mold in their on-base housing unit at Holloman Air Force Base (“HAFB”) in New Mexico. They allege that the mold resulted from water that penetrated their home through a leak in their roof, and t... More...   $0 (07-21-2008 - NM)

Lynn R . McNeel brought this action under the Federal Employers’ Liability A ct (FELA), alleging that he was injured when he inhaled fumes while employed as a conductor by Union Pacific Railroad Company (Union Pacific). T he district court for Lincoln County granted Union Pacific’s Daubert/Schafersman motion to exclude McNeel’s expert witnesses from testifying and subsequently entered summar... More...   $0 (07-19-2008 - NE)

[¶1.] James and Carol DeHaven (DeHavens) appeal from a judgment declaring that Don and Sherrie Hall (Halls) possess a permanent right-of-way easement over DeHavens' property, ordering Halls to reasonably maintain and repair the easement, and granting DeHavens $2,358 in damages as well as taxation of disbursements. Halls filed a notice of review. We affirm in part, reverse in part, and remand.
... More...   $0 (07-19-2008 - SD)

[¶1.] Joseph Berbos purchased real property from Harold and Gwen Krage on a contract for deed. When the parties disputed ownership of a building encroaching onto land not sold in the contract, Berbos withheld his last payment and brought suit for specific performance. After a hearing, the circuit court granted summary judgment for Berbos, ruling that the parties intended to convey the entire buil... More...   $0 (07-19-2008 - SD)

Plaintiff, Todd Montgomery, contacted defendant, Nostalgia Lane, Inc., to restore his 1970 Plymouth Roadrunner. Defendant inspected the vehicle and provided plaintiff a written estimate that the project was expected to cost $35,000 but that the final bill would reflect the actual cost of parts and labor. Plaintiff agreed to the project and paid installments amounting to $33,500, but defendant devi... More...   $0 (07-18-2008 - IL)

The outcome of this case turns on when plaintiffs knew or should have known their injury was wrongfully caused. Plaintiffs Josetta Nair and Segran Nair filed a complaint for medical malpractice and loss of consortium against defendants Allen Bloom, M.D., Melvin Boule, M.D., and Rush-Copley Memorial Hospital (Rush-Copley) and The Rush System for Health (Rush).

The trial court entered summary... More...   $0 (06-23-2008 - IL)

The plaintiff, Aureen Berry, filed a complaint in the circuit court of Cook County against the defendant, Chade Fashions, Inc. (Chade Fashions), for breach of contract and violation of the Illinois Right of Publicity Act (765 ILCS 1075/30 (West 2000)) (the Act). The trial court entered a partial summary judgment for the plaintiff as to liability under the Act. The issues of damages and breach of c... More...   $0 (07-18-2008 - IL)

Plaintiff-appellant Stacey Gregory, individually and as special administrator of the estate of her deceased husband Larry Gregory (plaintiff),1 filed a complaint at law in Illinois sounding in negligence against a multitude of defendants,2 including defendants-appellants Beazer East (Beazer), Bondex International (Bondex), Exxon Mobil (Mobil), Georgia-Pacific Corporation (Georgia-Pacific) and Unio... More...   $0 (07-18-2008 - IL)

Plaintiff filed a declaratory judgment action against defendant, seeking a declaration that plaintiff was entitled to underinsured motorist (UIM) insurance coverage in the same amount as her bodily injury liability limits of $250,000. Plaintiff’s claim was based on defendant’s alleged failure to comply with the provisions of section 143a-2 of the Illinois Insurance Code (Code) (215 ILCS 5/143a... More...   $0 (07-18-2008 - IL)

In this case, we are asked to determine the constitutionality of Public Act 94–804 (the Act), which imposed, for a two-year period beginning on the effective date of the amendatory Act, a 3% surcharge on the four riverboat casinos in Illinois that had adjusted gross receipts (AGR) of over $200 million in the calendar year 2004. The remaining five riverboat casinos, all of which had AGRs below $2... More...   $0 (07-17-2008 - IL)

This appeal arises out of one of the many cases that were filed against Ford Motor Company and Bridgestone/Firestone, Inc. (now known as Bridgestone Firestone North American Tire, LLC), after some Firestone tires installed on Ford Explorers exploded, often with catastrophic consequences. Although most of those lawsuits involved U.S. citizens who were driving their cars within the United States, a ... More...   $0 (07-17-2008 - IN)

Following a tragic airplane crash, Charis Clerides and Soteroulla Hadjikyriyakou, personal representatives of the estate of Nicos Karakostas, brought an action against Boeing in the United States District Court for the Northern District of Illinois.1 Boeing previously had moved to dismiss other actions arising out of this occurrence on the ground of forum non conveniens, contending that either Cyp... More...   $0 (07-17-2008 - IL)

Defendant-appellant E-Poch Properties (“EPoch”) appeals from a judgment, which (1) partially granted TRW Automotive U.S.’s (“TRW”) motion to dismiss, and (2) granted TRW’s motion for summary judgment. E-Poch claims that (1) TRW failed to disclose material facts – facts that it was contractually obligated to disclose – regarding the condition of the purchased property’s roof; (2) ... More...   $0 (07-16-2008 - OH)

[1] Comet Energy Services, LLC (Comet) appeals from the denial of its cross motion for summary judgment and from the award of summary judgment in favor of Powder River Oil & Gas Ventures LLC (Powder River). The dispute was over the proper interpretation of an assignment of certain interests. The district court found that the assignment was unambiguous and awarded summary judgment. We reverse and r... More...   $0 (06-19-2008 - WY)

[1] This case presents the issue of whether an attorney, who distributes the proceeds of a personal injury action without paying a medical provider‟s bills after his client executed, with the attorney‟s knowledge, an assignment of the proceeds to the provider, is liable to the medical provider for the amount of those bills. We conclude that the attorney is responsible to the medical pr... More...   $0 (06-19-2008 - WY)

Although Plaintiffs alleged a variety of constitutional violations in the district court, they press on appeal only their claim that a warrantless entry into their residence on February 25, 2004, was unlaw... More...   $0 (06-28-2008 - CA)

2 On May 12, 2002, appellant was struck in the head by a softball while playing an Eastern Suburban League slow-pitch softball game organized under ASA rules. Unfortunately, appellant was ... More...   $0 (06-04-2008 - PA)

Appellee, John McElwee ("McElwee"), owned and operated a printing business, Thomas A. McElwee & Son, Inc., on the 6200 block of Market Street in West Philadelphia. The business had existed in that location since the 1950s, and McElwee had taken over management of it from his father, Thomas McElwee, in 1998, although the latter stayed on as a part-time employee. Also in 1998, Appellant, Southea... More...   $0 (06-02-2008 - PA)

Florence Hervey brought a claim pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., and the Minnesota Human Rights Act, Minn. Stat. § 13.01 et seq., alleging that her employer, Koochiching County, and supervisors Duane Nelson and John Mastin, discriminated against her on the basis of her sex, and retaliated against her for participation in a protected activity. She also b... More...   $0 (06-09-2008 - MN)

This insurance contract action is before the Court on Defendant's Motion for Summary Judgment (DE 14). The heart of this case, and the key to resolution of the parties' accusations of breach of contract, is the legal effect of a provision in the insurance contract requiring the insured to participate in an Examination Under Oath ("EUO") at the request of the insurance company. Also at issue is... More...   $0 (06-17-2008 - IN)

[1] In the early 1970s, developer Flying L Skytel (Skytel) established the Skytel Country Estates subdivision in Park County, Wyoming by filing a plat and a declaration of restrictive covenants. After Eugene R. and Elizabeth D. Brumbaugh‟s (the Brumbaughs) predecessor in interest purchased two Skytel Country Estates lots, Skytel partially vacated the plat, amended the restrictive covenants a... More...   $0 (06-14-2008 - TX)

1. Plaintiffs in this case are Nancy and Eugene Field, farmers from Connecticut who wanted to purchase a particular Vermont farm. Defendants are four independent parties including: the previous owners of the subject farm, Armando and Maria Costa; the current owners of the farm, Lorenzo and Amy Quesnel; a real estate agency and one of its brokers, Coldwell Banker Bill Beck Real Estate and Richard... More...   $0 (06-06-2008 - VT)

This is a dispute between Boston Gas Company ("Boston Gas"), the largest provider of natural gas in the New England area, and one of its insurers, Century Indemnity Company ("Century"). Before natural gas became the primary source of energy in New England, Boston Gas produced gas fuel at facilities called manufactured gas plants, known in the industry as "MGPs". These MGPs created gas by heating c... More...   $0 (06-12-2008 - MA)