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Accord and Satisfaction Law
Amanda E. Pusl v. Matthew J. Means and G & J Welding & Machine Company

¶ 1 Appellant Amanda E. Pusl appeals from the February 28, 2008 judgment in her favor in the amount of $25,000, entered in the Court of Common Pleas of Jefferson County.1 Upon review, we affirm.

¶ 2 The factual and procedural history of this appeal is as follows. Appellant was injured in a two-vehicle accident on April 26, 2002. The other vehicle involved in the accident was owned by Appe... More...
   $0 (09-23-2009 - PA)

Auto Glass Express, Inc. v. Hanover Insurance Company

In these actions for breach of contract, the plaintiffs, Auto Glass Express, Inc. (Auto Glass) and Ed Steben Glass Company, Inc. (Ed Steben), appeal1 from the judgments of the trial court, in favor of the defendant, Hanover Insurance Company. The primary issue we must decide is whether the trial court properly concluded that the plaintiffs’ actions constituted acceptance of the defendant’s off... More...   $0 (08-25-2009 - CT)

American National Fire Insurance Company v. York County

Class actions, by their very nature, can alter the usual dynamics of litigation and bring to bear on defendants and insurers alike intense pressure to settle. See, e.g., Waste Mgmt. Holdings, Inc. v. Mowbray, 208 F.3d 288, 293 (1st Cir. 2000) (discussing situations in which "the grant of class status raises the stakes of the litigation so substantially that the defendant likely will feel irresist... More...   $0 (08-05-2009 - ME)

Bodell Construction Company v. Mark H. Robbins; Cherokee & Walker Investment Company, LLC, et al.

¶1 In this case, we must determine the scope of a settlement agreement between Michael Bodell and his company Bodell Construction Company (collectively, “Bodell”), on the one hand, and Marc Jenson and his company MSF Properties (collectively, “Jenson”), on the other. More specifically, we must determine whether Bodell and Jenson intended their settlement agreement to settle only the claim... More...   $0 (08-04-2009 - UT)

Emily Normandeau v. Hanson Equipment, Inc., et al.

¶1 We granted certiorari on the question of whether the district court’s denial of a pretrial motion for summary judgment is appealable after the trial has concluded and the jury has rendered its verdict and, if so, whether the party appealing the denial of the motion for summary judgement is required to reraise the basis for the motion during trial in order to preserve it for appeal. Regardles... More...   $0 (07-22-2009 - UT)

Ainslee R. Ferdie, et cl. v. Lawrence Isaacson, et al.

A law firm appeals a final summary judgment entered against its former client and two orders requiring the former client and the law firm itself to each pay 50% of the opposing party’s attorneys’ fees under section 57.105, Florida Statutes (2006).1 Because the trial court did not conduct an evidentiary hearing or otherwise make an express finding that the law firm was not acting in good faith,... More...   $0 (05-06-2009 - FL)

Michael L. Helton v. Phillip A. Glick Plumbing, Inc.

In this case, we consider whether the circuit court erred in failing to find an accord and satisfaction by use of an instrument. Phillip A. Glick Plumbing, Inc. (“Glick Plumbing”) filed a warrant in debt in the General District Court of Rockingham County claiming payment due for plumbing work that had been completed on a house owned by Michael L. Helton (“Helton”). The case was appealed to... More...   $0 (02-27-2009 - VA)

Jason Cheeseman and Dean Killingbeck v. Jackson & Perkins Wholesale, Inc. and Bear Creek Gardens, Inc.

Plaintiffs are former sales representatives for defendant.(1) After resigning from their employment in November 2002, plaintiffs asserted breach of contract and wage claims against defendant. Plaintiffs' claims allege that they were owed vacation and holiday pay, and that defendant failed to pay in a timely manner the amount of wages that defendant conceded were due, as required by ORS 652.160. ... More...   $0 (11-19-2008 - OR)

Discover Bank v. Joseph Stanley

[¶1.] Discover filed a motion for summary judgment in a breach of contract claim against cardholder Joseph Stanley. Discover did so without filing a statement of undisputed material facts. The circuit court granted Discover’s motion, and entered a judgment against Stanley. Stanley appeals. We reverse.


[¶2.] Joseph Stanley applied for and was granted a Discover card in March... More...
   $0 (11-18-2008 - SD)

Mordechai Kachlon, et al. v. Debra W. Markowitz, et al.

Edwin B. Stegman for Defendant and Appellant Debra W. Markowitz. Adleson, Hess & Kelly, Phillip M. Adleson, Berger Kahn, and G. Arthur Meneses for Defendant and Appellant Best Alliance Foreclosure and Lien Services. Kirby & McGuinn, Martin T. McGuinn, and Dean T. Kirby, Jr., for Amicus Curiae United Trustee’s Association on behalf of Defendant and Appellant Best Alliance Foreclosure and Lien Ser... More...   $0 (11-17-2008 - CA)

MSK Eyes LTD v. Wells Fargo Bank

MSK EyEs, LTD (MSK) and its founder, Muhannah S. Kakish (Kakish), appeal from an order of the district court granting summary judgment to Wells Fargo Bank (Wells Fargo). MSK and Kakish (Appellants) brought an action against Wells Fargo on a myriad of claims arising from their banking relationship, including: breach of contract, credit defamation, business disparagement, defamation, interference wi... More...   $0 (11-04-2008 - MN)

Thomas R. Jensen, et al. v. Phillips Screw Company, et al.

There is a line between zealous representation and abuse of the processes of litigation. Lawyers who overstep it do so at their peril. In the case before us, the district court found that a law firm had crossed the line by unreasonably and vexatiously multiplying the proceedings in a class action. See 28 U.S.C. § 1927. Accordingly, the court imposed sanctions.

The law firm appeals... More...
   $0 (10-29-2008 - MA)

McDonwell Welding & Pipefitting, Inc. v. United States Gypsum Company, et al.

Plaintiff brought this action, alleging that defendants had failed to pay for work that plaintiff had done on a construction project. Defendants denied that allegation and alleged, as an affirmative defense, that plaintiff had agreed to release its claims against defendants in return for defendants' paying plaintiff $896,000. Defendants also counterclaimed for specific performance of that settle... More...   $0 (09-18-2008 - OR)

Nicholas Biello v. Town of Watertown

The plaintiff, Nicholas Biello, appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the defendant, the town of Watertown. The plaintiff claims that the court improperly concluded that (1) it lacked subject matter jurisdiction over his wage claims arising subsequent to July 1, 1996, because he failed to exhaust internal grievance procedures before filing h... More...   $0 (08-04-2008 - CT)

Genesee Foods Services, Inc. and Genesee Management, LLC. v. Meadowbrook, Inc., d/b/a Meadowbrook of Saginaw, Rich Smith and Steve Smith

Defendants appeal by leave granted the trial court’s order denying their MCR 2.116(C)(7) motion for summary disposition. We affirm. Genesee Foods Services, Inc., (“Genesee Foods”) is a wholesale food sales and distribution business incorporated by Robert Grabowski and Robert Jackier in April 1999. Its principal place of business was at G-4309 South Dort Highway in Burton, on property owned b... More...   $0 (07-17-2008 - MI)

Wichita Clinic, P.A. v. Michelle M. Louis, D.O.

Wichita Clinic, P.A., (the Clinic) appeals from a judgment of the trial court holding that its restrictive covenant in an employment agreement was unreasonable and unenforceable. Applying the factors in determining whether to enforce a restrictive covenant not to compete, we determine that the covenant should have been enforced. In addition, the Clinic appeals the trial court's ruling that it brea... More...   $0 (06-16-2008 - KS)

Arco Construction Company, Inc. v. American Services Company, Inc.

Appellant, general contractor ARCO Construction Company, Inc., hired appellee, subcontractor Americon Services Company, Inc., to perform site work on a commercial construction project, pursuant to a written contract. When Americon did not receive payment as expected, it sued ARCO for breach of contract, failure to comply with payment obligations under Texas Property Code section 28.002 ("the Promp... More...   $0 (05-16-2008 - TX)

Stephanie Williams v. William Colthurst

This appeal arises from a landlord-tenant dispute. William and Yuko Colthurst (the landlords) leased their home in Tyler to Tim and Stephanie (Scholler) Williams (the tenants) in a written lease signed on March 6, 2000. The lease provided for a term of two years beginning on May 1, 2000, and ending April 30, 2002. The landlords= home was available for lease for an extended period of time becaus... More...   $0 (04-04-2008 - TX)

Pamela Cristina Martinez, Maria Salvade, et al. v. South Bayshore Tower, LLLP

Appellants ("Purchasers") seek reversal of an adverse summary judgment in favor of South Bayshore Tower, L.L.L.P. ("the Developer"). Based upon accord and satisfaction, we affirm.

The Developer and the Purchasers entered into pre-construction condominium contracts and the Purchasers gave the Developer a ten percent deposit of the total purchase price. Thereafter, the Developer abandoned the ... More...   $0 (03-05-2008 - FL)

E.C. "Bud" Barnes, et al. v. Dale E. Clarkson, et al.

1 Plaintiffs E.C. Barnes (Barnes); Rampart Recreational and Leisure Industries, LLC; Utah Trails Resort & Tours, LLC; and Utah Trails Resort, Inc. appeal a grant of summary judgment in favor of Defendants Dale E. Clarkson (Clarkson); Golden Circle Tours, Inc.; and Clarkson Properties, Inc. Plaintiffs additionally appeal both the denial of their motion to withdraw admissions and a second summ... More...   $0 (02-14-2008 - UT)

Building Materials Corporation of American d/b/a GAF Materials Corp. v. Presidential Financial Corporation

Building Materials Corporation of America, d/b/a GAF Materials Corporation (GAF), challenges a final summary judgment entered in favor of Presidential Financial Corporation with respect to Presidential's claims against GAF for breach of contract, open account, and unjust enrichment. We reverse because genuine issues of material fact preclude entry of summary judgment against GAF.

On Octo... More...   $0 (01-25-2008 - FL)

Traco Steel Erectors, Inv. v. Control, Inc., et al.

1 Traco Steel Erectors, Inc. (Traco) appeals the trial court's order granting partial summary judgment to Comtrol, Inc. (Comtrol). Traco also appeals the trial court's calculation of damages awarded to Comtrol and the trial court's determination that Traco could not recover for certain change orders. Further, Traco appeals the trial court's interpretation of two subcontractor lien relea... More...   $0 (12-28-2007 - UT)

John Soares v. Joseph M. Langlois

Does the negotiation of an insurance company check bearing the language "SETTLEMENT FOR INJURY SUSTAINED FROM AUTO ACCIDENT ON 8-4-00" constitute an accord and satisfaction with respect to the payee's claim for personal injury arising from such accident? A trial justice ruled that in the circumstances of this case it did, and accordingly he dismissed the plaintiff's complaint. The plaintiff... More...   $0 (11-16-2007 - RI)

Alliance Health of Santa Teresa, Inc., etc. v. National Presto Industries, Inc. and The Araz Group

{1} This is the second time this case has come before us for review. Alliance Health of Santa Teresa, Inc. (Alliance) brought suit against National Presto Industries (National Presto) and The Araz Group (Araz) (collectively Defendants) for promissory estoppel, fraud, breach of contract, and ERISA benefits. This case was originally before us for review based on a dismissal of Alliance's s... More...   $0 (10-25-2007 - NM)

John M. Phelps and John Phelps, P.C. v. Sean S. Frampton and Sean S. Frampton, P.C.

1 John M. Phelps and John M. Phelps, P.C. (collectively, "Phelps") appeal from the order and final judgment of the District Court for the Eleventh Judicial District, Flathead County, granting summary judgment in favor of Sean S. Frampton and Sean S. Frampton, P.C. (collectively, "Frampton") and dismissing Phelps's complaint on the merits with prejudice. We affirm.

2 The sole issue on appe... More...   $0 (10-22-2007 - MT)

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