| Accounting Law |
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Bradley Richlin, et al. v. Met
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Inspector Jacques Clouseau, famously unable to crack the simplest of
murder cases, would most certainly be confounded by the case we face. While
Inspector Clouseau searched for the answer to the question, “Who did it?”, we
must search for the answer to the question, “Who owns it?” In 1962, Maurice
Richlin coauthored a story treatment (the “Trea... More... $0 (6/20/2008 - CA )
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Jerilyn Quon, et al. v. Arch W
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This case arises from the Ontario Police Department’s
review of text messages sent and received by Jeff Quon, a
Sergeant and member of the City of Ontario’s SWAT team.
We must decide whether (1) Arch Wireless Operating Company Inc., the company with whom the City contracted for
text messaging services, violated the Stored Communications
Act, 1... More... $0 (6/20/2008 - CA )
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Stephen R. Winship v. Gem City
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[¶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... More... $0 (6/19/2008 - WY )
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Neil Smith v. Bachelle Liddil<
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Neil Smith appeals from the trial court’s order following a bench trial. Specifically, Smith contends that the trial court erred in granting Rachelle Liddil’s complaint seeking specific performance of a real estate purchase agreement and denying his counterclaim for foreclosure.1 We affirm.
FACTS AND PROCEDURAL HISTORY
On September ... More... $0 (6/18/2008 - IN )
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Wichita Clinic, P.A. v. Michel
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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 Cl... More... $0 (6/16/2008 - KS )
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bcIMC, et al. v. Arthur Anders
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British Columbia pension fund bcIMC, et al. sued Arthur Anderson on an accounting malpractice theory and Craig Berkman on breach of contract and fraud theories claiming that Arthur Anderson negligently failed to property audit Berkman's handling of more than $75 million in pension funds entrusted to Berkman who lost $60 million of the money in the... More... $28,000,000 (6/14/2008 - OR )
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NLRB v. Bolivar-Tees
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The National Labor Relations Board (“Board”) held that Bolivar-Tees, Inc.
(“Bolivar”) committed unfair labor practices in violation of the National Labor
Relations Act (“NLRA”) and ordered the corporation to provide backpay to five
former employees. However, when the United States Court of Appeals for the District
of Columbia Circuit enforced t... More... $0 (6/9/2008 - MO )
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Casablanca Trax, Inc. v. Trax<
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What happens when the parties to a contract put a broad
arbitration clause in one document, but include no such clause in
a second document providing security for the promises made in the
first document? At least under the circumstances of this case,
we hold that the parties must submit the question of
arbitrability to the arbitrator first, be... More... $0 (6/6/2008 - IL )
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PBS Enterprises, Inc. v. CW Ca
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[¶3] PBS owned and operated two hotels, one in Cody, Wyoming, and another in
Norfolk, Nebraska. The financial arrangements between PBS and CWC were
complicated, and for our purposes, it is sufficient to summarize them briefly. CWC held
PBS’s promissory note secured by the “Norfolk mortgage” on the Norfolk property.
CWC also held promissory note... More... $0 (5/12/2008 - WY )
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Gary K. Wolfe, et al. v. Walt<
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Gary K. Wolf, author of the novel Who Censored Roger Rabbit?, and his company
Cry Wolf!, Inc. (collectively Cry Wolf) appeal from the judgment entered after a jury
awarded only limited damages in their breach of contract action alleging Walt Disney
Pictures and Television (Disney) had failed to fully compensate Cry Wolf for its
exploitation of ... More... $0 (5/10/2008 - CA )
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James Kiser, et al. v. J. Pete
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The appeal in this class action springs from the
award of attorney fees and costs in the settlement liquidating a commercial real
estate investment limited partnership. The general partner and its general partners
and affiliated entities appeal from the order approving the class action settlement
and awarding attorney fees and costs, specifical... More... $520,000 (5/7/2008 - WI )
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Harris County Hospital Distric
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In this appeal, the Harris County Hospital District (AHospital District@) appeals the trial court=s dismissal of its condemnation action, in which it sought to acquire property owned by Textac Partners I (ATextac@) as part of an LBJ Hospital expansion project. In its first three issues, the Hospital District contends that the trial court erred in ... More... $0 (5/6/2008 - TX )
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P.A. Building Company v. City<
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In this protracted landlord-tenant dispute, we are
asked to decide whether asbestos abatement costs incurred by the
landlord were operating expenses under the terms of the relevant
commercial leases. We conclude that they were not. As a result,
the landlord improperly billed these costs to the tenant as
additional rent under the leases' escala... More... $0 (5/4/2008 - NY )
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Central Valley General Hospita
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This appeal concerns a hospital’s proposed acquisition of rural health clinics from
a medical group. The acquisition was not completed because disputes arose prior to the
closing. The hospital terminated the agreement and sued for the return of a $250,000
payment, alleging an anticipatory breach of contract resulted from the medical group’s
ina... More... $0 (4/30/2008 - CA )
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Debra L. Lewis v. School Distr
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Debra Lewis brought this action
against: her employer, Freeburg Community School
District No. 70; the school superintendent, Rob Hawkins;
the school district’s attorney, Shane Jones; the school board;
and members of the school board in their individual
capacities.1 She alleged violations of the Family and
Medical Leave Act (“FMLA”), 29 U.S.C.... More... $0 (4/26/2008 - IL )
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City of Mountain View v. Daoro
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The City of Mountain View sued accounting firm Daoro Zydel & Holland on fraud and professional misconduct theories because the defendant performed work for the city while simultaneously conducting annual audits for Shoreline Amphitheater's operators in an alleged conflict of interest. Mountain View sought a total of about $22 million in damages. ... More... $0 (4/25/2008 - CA )
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Albert Hinds v. Sprint/United<
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Sprint/United Management Company and Sprint Corporation (collectively,
“Sprint”) discharged Albert Hinds as part of a reduction in force in which his
entire department was eliminated. Mr. Hinds sued, alleging that Sprint
discriminated against him on the basis of age and retaliated against him for
complaining of age discrimination. The district ... More... $0 (4/22/2008 - KS )
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Linda Lyons v. John Potter
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Linda Lyons filed this action against the United States Postal Service (USPS)
ten months after the USPS rendered a final agency decision on Lyons’s Equal
Employment Opportunity (EEO) complaint. We agree with the district court1 that
Lyons’s action is untimely, and we therefore affirm.
I.
On January 30, 2004, the USPS notified Linda L... More... $0 (4/9/2008 - MO )
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Stephanie Williams v. William<
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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 availab... More... $0 (4/4/2008 - TX )
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Joseph and Mary Garza v. Asbes
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Defendant Asbestos Corporation, Limited, (“ACL”) appeals a jury verdict in favor
of plaintiffs Joseph and Mary Garza on their complaint for damages for personal injury
and loss of consortium filed after Joseph contracted asbestosis. We affirm.
PROCEDURAL BACKGROUND
On January 26, 2005, plaintiffs filed their complaint for personal inj... More... $0 (3/28/2008 - CA )
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Sandar Ferraro v. Susan Camarl
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The fundamental precept of due process is that before official action may be taken
in derogation of an individual’s rights, liberties, or property, the individual must be
permitted a fair opportunity to appear before the decisional authority and show, if he can,
why the proposed action should not be taken. In the proceedings giving rise to this ... More... $0 (3/27/2008 - CA )
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BDO Seidman, LLP v. Peter Harr
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Plaintiff, BDO Seidman, LLP, brought an insurance coverage action against defendants,
the underwriters of plaintiff's professional liability policy, for their failure to indemnify plaintiff
against a loss allegedly covered by the policy. The trial court granted defendants' motion to
dismiss count I of plaintiff's fourth amended complaint that so... More... $0 (3/27/2008 - IL )
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Norman C. Gile, et al. v. Kenn
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[¶1] Norman and Anne Gile appeal from orders entered in the District Court
(York, Brennan, J.) granting Kenneth Albert’s motion for summary judgment and
denying the Giles’ motions for relief from judgment and to amend. The Giles
contend that the court erred in granting Albert’s motion for summary judgment and
denying their motions to amend and ... More... $0 (3/25/2008 - ME )
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Kameisha Hamilton v. Boise Cas
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The district court found that Appellant, attorney Mark Hammons,
“multiplied the[se] proceedings unreasonably, vexatiously, and recklessly” by
filing a motion to enforce a settlement agreement that misstated opposing
counsel’s position without a reasonable basis, costing his opponents a needless
expense of $7,974.20. It therefore levied a sancti... More... $0 (3/24/2008 - OK )
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San Antonio Properties, L.P. v
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This is an appeal from a jury verdict in favor of PSRA Investments, Inc. (“PSRA”). We conclude that an agreement by PSRA to purchase an apartment complex “as is” did not, as a matter of law, negate PSRA’s fraud claims brought against San Antonio Properties, L.P. (“SAP”), the seller of the property. Because we conclude the evidence is legally suffic... More... $0 (3/18/2008 - TX )
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Kenneth D. Rogers v. Robert L.
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The former directors of Mauriceville National Bank (Directors) sued
Robert McDorman, Meshell McDorman, Deon Thornton, and various
McDorman-related business entities (Defendants), alleging violations of the
Racketeer Influenced and Corrupt Organizations Act (RICO) and state-law
claims. Joe Penland was also a defendant. A jury found Defendants li... More... $0 (3/18/2008 - TX )
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TIG Insurance Co. v. AON Re, I
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TIG Insurance Company has sued its broker, Aon Re, Inc., for failing to
provide complete information to a reinsurer with whom TIG negotiated a
reinsurance treaty. The treaty was rescinded as a result of the incomplete
information, and TIG asserts causes of action against Aon Re for negligence,
negligent misrepresentation, breach of fiduciary du... More... $0 (3/13/2008 - TX )
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Mark Neville v. Greg Chudacoff
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This is an appeal from an order granting a special motion to strike under the anti-
SLAPP statute. (Code Civ. Proc., § 425.16.)1 An employer fired one of its employees
amid allegations that the employee had misappropriated customer lists and solicited his
employer’s customers to start a competing business. Several months before litigation
was c... More... $0 (3/12/2008 - CA )
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Brown & Bain, P.A. v. John M.<
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Brown & Bain, P.A. (Brown & Bain), a Phoenix law firm,
sued John M. O’Quinn, et al. (O’Quinn), a Houston law firm,
for fees owed to it on the termination of a lawsuit. The district
court gave judgment for Brown & Bain. O’Quinn appeals.
The case is not without interest for the professional responsibility
of lawyers inter se. We affirm the judgm... More... $0 (3/10/2008 - AZ )
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Larry J. Coet Chevrolet Pontia
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¶1 In this case involving the sale of an automobile dealership,
Larry J. Coet Chevrolet, Pontiac, Buick, Inc. (Coet), appeals the
trial court's grant of partial summary judgment in favor of Danny
R. Labrum, individually, and Labrum Chevrolet, Pontiac, Buick,
Inc. (collectively, Labrum). Coet argues that the trial court
erred in granting Labrum... More... $0 (3/6/2008 - UT )
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Wanda Scott v. Central Arkansa
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This appeal is brought from the grant of appellees’ motions for a directed verdict and
the denial of appellant’s motion for a new trial. We affirm in part and reverse and remand in
part.
I. Factual and Procedural Background
Appellant is the daughter of the late Ethel Mince, who died on September 18, 2002,
while residing at Robin... More... $0 (3/5/2008 - AR )
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Sanctuary House, Inc. v. Garri
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This original proceeding arises out of Plaintiff Sanctuary House, Inc.’ s claims that Defendants Garrison Krause, Silvia Jimenez Krause, and Rancho Pacifico, S.A. failed to convey to it real estate located in Costa Rica as required by the parties’ purchase agreement. Sanctuary House brought suit against Defendants in Chaffee County District Court s... More... $0 (3/5/2008 - CO )
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Advantage Medical Services, LL
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Advantage Medical Services, LLC (AMS), Glenn Weissman, Elliot Lander,
and Scott Yun’s (collectively plaintiffs) and Deborah Hoffman and Detech Medical
Project Management, LLC’s (collectively defendants) claims against each other were
referred to binding arbitration through the American Arbitration Association (AAA) and
a hearing was held. The a... More... $0 (3/4/2008 - CA )
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Jack Russell v. Charrie Foglio
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Plaintiff Jack Russell appeals following the grant of defendant Charrie Foglio’s
special motion to strike his complaint for slander and false light invasion of privacy,
under Code of Civil Procedure section 426.15, the anti-SLAPP statute (undesignated
section references are to the Code of Civil Procedure), and from the denial in part of his
mot... More... $0 (2/29/2008 - CA )
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Edmond Adaimy v. Sandra Ruhl,<
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Plaintiff Edmond Adaimy appeals from a judgment in favor of defendants Sandra
Ruhl and Jerash, LLC and from an order denying his motion for new trial. Plaintiff
contends the trial court erred in denying a new trial based on inconsistent special verdicts
and a vague special verdict form. He further contends the trial court abused its discretion
... More... $0 (2/29/2008 - CA )
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Julie Puentest, et al. v. Well
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Plaintiffs Julie and Kenneth Puentes1 appeal a summary judgment for defendant
Wells Fargo Home Mortgage, Inc. (Wells Fargo), entered after the trial court determined
that as a matter of law they cannot maintain their claim under California's unfair
competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.).2 As the predicate act for
their UCL c... More... $0 (2/29/2008 - CA )
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Patrick A. Parks v. CNAC-Jolie
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Plaintiff, Patrick A. Parks, brought action against defendant CNAC-Joliet, Inc., pursuant to
section 9-625 of the Uniform Commercial Code (Code) (810 ILCS 5/9-625 (West 2006)) for
monetary damages resulting from CNAC-Joliet’s improper notice of the sale of plaintiff’s automobile.
After a trial on the merits, the circuit court found that defendan... More... $0 (2/27/2008 - IL )
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Houghton Wood Products, Inc. v
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¶1 Southwood Door Company, LLC, appeals a summary judgment in favor of Houghton Wood Products, Inc., consisting primarily of interest on past due accounts.[1] Southwood argues Houghton is barred from seeking interest payments by the doctrines of equitable estoppel, waiver and laches. We disagree and affirm.
¶2 Southwood is an ... More... $0 (2/27/2008 - WI )
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American Rice, Inc. v. Produce
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In this Lanham Act/breach of contract action, the district court entered
judgment for Plaintiff-Appellant Cross-Appellee, American Rice, Inc (“ARI”)
against Defendant-Appellee Cross-Appellant Producers Rice Mill, Inc. (“PRMI”).
PRMI challenges that judgment on multiple grounds, and ARI complains of the
damage award. We affirm the district court... More... $1,256,635 (2/25/2008 - TX )
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World Rentals and Sales, LLC v
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In this appeal, we address under what circumstances a party may be
compelled to arbitrate an agreement it did not sign. Appellants World Rentals and
Sales, LLC (“World Rentals”), Cruz R. Rodriguez, Cruz R. Rodriguez General
Contractors, Inc., and Cruz R. Rodriguez General Contractor, LLC (collectively the
“World Parties”), advance several argum... More... $0 (2/22/2008 - FL )
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Acoustic Innovations, Inc. et<
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Appellants, Jay Miller (“Miller”), his wife, Joanne Miller, and Acoustic Innovations, Inc. (“Acoustic”), appeal an amended final judgment entered in favor of Appellee, Carey Schafer (“Schafer”); an order severing Acoustic’s counterclaims; and an order setting non-jury trial in this matter. Schafer cross-appeals. We affirm in all respects.
This cas... More... $1,957,000 (2/22/2008 - FL )
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Estates of Jerome McKnight, et
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The Estates of Jerome McKnight, Deonte McKnight, Angela Marshall, Stephanie
McKnight, and Natasha Marshall appeal a September 11, 2006 order approving the accounting
of Bank of America. The order terminated the McKnight-Marshall Discretionary Irrevocable
Trust Agreement. Appellants were beneficiaries under this trust agreement. The order also
r... More... $0 (2/21/2008 - AR )
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Employers Mutual Casualty Comp
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¶1 Businesses sometimes buy employee fidelity or
commercial crime insurance policies to protect them against loss
from employee theft. In this case we must determine whether a
standard form insurance policy treats the loss from a series of
thefts by a single employee as one occurrence.
I
A
¶2 The facts crucial to our decision are ... More... $0 (2/21/2008 - AZ )
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Dona Ana Mutual Domestic Water
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Doña Ana Mutual Domestic Water Consumers Association (“Doña
Ana”)—the appellant in Case No. 06-2347—previously entered into a settlement
agreement (the “Settlement”) with City of Las Cruces, New Mexico (the
“City”)—the appellant in Case No. 06-2266 and an appellee in Case No. 06-2347.
In the Settlement, the City agreed to recognize Doña Ana’s e... More... $0 (2/20/2008 - NM )
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Wynn L. Christensen, et al. v.
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[¶1] Wynn L. Christensen, Renee C. Hunter and Rex E. Christensen (Buyers) brought an
action against their siblings, C. Burke Christensen, Peggy C. Miller, Joan S. Hamblin and
Diane C. Buxton (Sellers), seeking interpretation of a stock purchase agreement and
enforcement of a provision of their mother’s will. On cross motions for summary
judgmen... More... $0 (2/20/2008 - WY )
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Elena M. Del Campo, etc. v. Ge
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Our question is whether a private company contracting with
a district attorney for services related to a diversion program
is entitled to state sovereign immunity. We decide that it is
not.
I.
American Corrective Counseling Services (“ACCS”), a private
corporation, contracted with the District Attorney for
Santa Clara County, Calif... More... $0 (2/19/2008 - CA )
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Ronald Dible v. City of Chandl
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Ronald and Megan Dible appeal from the district court’s
grant of summary judgment against them in their action
against the City of Chandler, Arizona, the Chandler Police
Department, and the Chandler Police Chief Bobby Joe Harris
(collectively the City). Principally, the Dibles assert that Ronald
Dible was a police officer whose rights under th... More... $0 (2/5/2008 - AZ )
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Philip Forster v. Gus Gianopou
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The defendants, Gus Gianopoulos and
Tom Gianopoulos, appeal from the default judgment
rendered by the trial court in favor of the plaintiff,
Philip Forster. The judgment followed an order that the
defendants disclose certain documents to the plaintiff,
with which the court determined the defendants had
not complied. The defendants now claim t... More... $0 (2/5/2008 - CT )
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State of Vermont v. Philip Mor
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Plaintiff, the State of Vermont, appeals a judgment of the Chittenden Superior Court compelling arbitration and dismissing this declaratory judgment suit. The State sought a ruling concerning the amount of money to be paid to the State in accordance with the 1998 Master Settlement Agreement (MSA) entered into by the State, fifty-one other states a... More... $0 (2/1/2008 - VT )
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Building Materials Corporation
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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 en... More... $0 (1/25/2008 - FL )
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Stoneridge Investment Partners
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We consider the reach of the private right of action theCourt has found implied in §10(b) of the Securities Exchange Act of 1934, 48 Stat. 891, as amended, 15 U. S. C.§78j(b), and SEC Rule 10b–5, 17 CFR §240.10b–5 (2007). In this suit investors alleged losses after purchasing common stock. They sought to impose liability on entitieswho, acting b... More... $0 (1/23/2008 - MO )
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Securities and Exchange Commis
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The Securities and Exchange Commission today filed a settled enforcement action against Andrew J. McKelvey, the former Chief Executive Officer of Monster Worldwide, Inc., for his participation in a multi-year scheme to secretly backdate stock options granted to Monster officers, directors and employees.
The Commission's complaint alleges that... More... $275,989 (1/23/2008 - NY )
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David B. Schachter v. Citigrou
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A financial brokerage company offers qualifying employees an incentive
compensation plan that allows participants the option of using a portion of their annual
earnings to purchase shares in the company’s stock at a price below the stock’s publicly traded
market price. If the participating employee resigns or is terminated for cause
within... More... $0 (1/20/2008 - CA )
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KRL, et al. v. Estate of Russe
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Defendants Russell Moore,1 David Irey and Ron Hall
appeal the district court’s denial of summary judgment based
on qualified immunity for their involvement in preparing,
reviewing and executing two search warrants, one issued on
January 11, 1999 and the other issued on January 13, 1999.
Defendants contend that although the two warrants lacked
... More... $0 (1/19/2008 - CA )
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Mari Haueter-Herranz, et al. v
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In this consolidated appeal from two underlying actions, the appellants
challenge the trial court's nonfinal orders denying their motions to dismiss and to quash
service of process. We reverse the orders denying the motions to quash as to
Alexander Cole International Holdings Ltd. (Cole) and as to Rocko Holdings Corporation
(Rocko). In all... More... $0 (1/18/2008 - FL )
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Indiana Lumbermans Mutual Insu
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The defendant in this diversity
suit for breach of contract governed by Indiana law
appeals from the grant of summary judgment in favor of
the plaintiff. The case turns on the interpretation of a
contract between an insurance company, Lumbermens
Mutual, the plaintiff, and Reinsurance Results, the defendant,
which reviews an insurance compa... More... $0 (1/17/2008 - IN )
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ACA Financial Guaranty Corpora
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Bond purchasers brought suit alleging violations of federal securities laws in the May 1998 offering of bonds of Bradford College in Massachusetts. In January 2000, the college defaulted on its bond obligations. This suit was brought ten months later. The district court dismissed the amended complaint for failure to meet the pleading standards i... More... $0 (1/12/2008 - MA )
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Navasota Resources, L.P. v. Fi
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Navasota Resources, L.P. filed suit to enforce a preferential right provision in a joint operating agreement it had with First Source Texas, Inc. The trial court granted summary judgment motions filed by: (1) First Source, its parent company Gastar Exploration Texas, L.P., and other related entities; and (2) Chesapeake Energy Corp. and two rela... More... $0 (1/9/2008 - TX )
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Adrain Mathai, et al. v. Danie
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Adrian and Zubin Mathai were once business associates of Daniel and
Kathleen Warren. After they had a falling out, the Mathais sued the Warrens and
vice versa. Before the litigation got very far, the Warrens filed for bankruptcy
under Chapter 7 of the Bankruptcy Code. Their filings indicated that they had
essentially no assets available fo... More... $0 (1/9/2008 - UT )
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