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Accord and Satisfaction Law
 
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)

Imperial Lofts, Ltd. v. Imperial Woodworks, Inc.

In this breach of contract and negligence suit, a building owned by Imperial Lofts, Ltd. (Lofts) was totally destroyed by fire while leased to Imperial Woodworks, Inc. (Woodworks). Lofts sued Woodworks and ARCO Metal Fabrication, Inc., Woodworks' contractor that was working in the building when the fire began. A jury found: (1) Woodworks failed to comply with the lease; (2) the negligence of ... More...   $37500 (08-31-2007 - TX)

Holly Parsons, a minor, by her guardian ad litem, John C. Cabaniss, et al. v. American Family Insurance Company, et al.

1 Holly Parsons appeals from an order that dismissed all claims against Peter and Jennifer Klug for injuries Parsons suffered in an automobile accident. The court held that when Parsons cashed the $100,000 check that followed an offer of judgment, she released the Klugs from all liability arising from the accident. The court dismissed all claims against the Klugs. Parsons argues that t... More...   $0 (08-29-2007 - WI)

Ross Brothers Construction Co., Inc. v. Markwest Hydrocarbon, Inc.

Ross Brothers Construction Co., Inc., appeals a district court decision awarding summary judgment to MarkWest Hydrocarbon, Inc., on a contract claim. The district court found that MarkWest was entitled to judgment as a matter of law on its defense of accord and satisfaction under Kentucky Revised Statute § 355.3-311. We AFFIRM.

I.

On November 3, 1999, Ross Brothers Construction ... More...   $0 (10-17-2006 - KY)

Terry Staskal and Teressa Staska v. Symons Corporation, et al.

This action arises out of the collapse of two sections of concrete form work that occurred while concrete was being poured to form the fourth floor of the University of Wisconsin-Madison pharmacy building. Terry Staskal, a construction worker employed by the general contractor, Kraemer Brothers, LLC, was seriously injured. He and his wife sued the manufacturer of the concrete forming system, Sy... More...   $23821610 (09-02-2005 - WI)

Joel K. Parnell v. Adventist Health System/West, et al.

Under the Hospital Lien Act (HLA; Civ. Code, §§ 3045.1-3045.6),1 a hospital that treats a patient injured by a third party tortfeasor may assert a lien against any judgment, settlement, or compromise recovered by that patient from the tortfeasor in the amount of its "reasonable and necessary charges" (§ 3045.1). In this case, a hospital received payment from a patient and his health insurer... More...   $14450 (04-05-2005 - CA)

State of Missouri, ex rel. Robert Shaun Yerington, Relator v. Honorable John LePage, Honorable Timothy Perigo, and Peggy Spicer.

This is an original action in mandamus and prohibition by which relator seeks to compel respondent Judge Timothy Perigo to retract his order assigning the case of Yerington v. La-Z-Boy, Inc., Case No. CV300-996CC, Circuit Court of Newton County, Missouri, and to direct respondent Judge John LePage from taking any action in that case. A preliminary order in mandamus and prohibition was entered. ... More...   $0 (07-26-2004 - MO)

Anita Eaton v. Eddie Tollison.

Appellant, Anita Eaton, brought a cause of action against appellee, Eddie Tollison, alleging that appellee negligently caused the injuries appellant suffered in an automobile collision. Appellee answered by alleging that appellant had executed a release discharging any claim by appellant. The circuit court granted summary judgment in favor of appellee. On appeal, appellant argues that, because she... More...   $0 (06-23-2004 - AR)

Skier's Edge Company v. Ladapa Die & Tool, Inc.

Skier's Edge marketed and sold an exercise and fitness device that simulates downhill skiing, called The Skier's Edge. Skier's Edge sold only one product and marketed it directly to its customers through print advertising. In December of 1996, Skier's Edge and Ladapa entered into a contract for Ladapa to manufacture the frames and various other components of the skiing simulator and ship them t... More...   $0 (05-24-2004 - UT)

Patsey Jean Johnson v. Wayne Ventling

This is a case of a marriage that wasn't. Appellant Patsy Jean Johnson challenges: (1) the jurisdiction of the trial court to grant appellee Wayne Ventling's motion to vacate a decree of divorce between the parties; and (2) the trial court's denial of Johnson's motion to enforce contractual alimony terms of the decree. To avert criminal prosecution for collecting, throughout her thirteen-year c... More...   $0 (04-01-2004 - TX)

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