Plaintiffs Carl and Della Darst, residents of, and owners of real property in, Blairstown Township, appeal the Law Division's validation of four discrete conditions imposed by the Township's Zoning Board of Adjustment ("the Board") when granting plaintiffs site plan approval for their property. For the reasons stated in this opinion, we affirm the trial court with respect to three of the c... More...   $0 (11-09-2009 - NJ)

We have for review the decision of the Second District Court of Appeal in TSE Industries, Inc. v. Larson & Larson, P.A., 987 So. 2d 687 (Fla. 2d DCA 2008), in which the district court certified direct conflict with the decision of the Fourth District Court of Appeal in Integrated Broadcast Services, Inc. v. Mitchel, 931 So. 2d 1073 (Fla. 4th DCA 2006), regarding when the two-year statute of limita... More...   $0 (11-05-2009 - FL)

In this second appeal from the Superior Court, Reserves1 seeks a reversal of the trial judge’s reduction in damages awarded to Reserves for breach of contract and misrepresentation. Reserves argues that the trial judge erred when he offset damages based on conclusions that were unsupported by the record and the product of an illogical deductive process. With the exception of the offset of $5,461... More...   $0 (11-04-2009 - DE)

[¶1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophy‘s vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.

[¶2] I... More...   $18069257 (11-04-2009 - WY)

This appeal arises from a dispute between Gebhardt & Smith LLP (“Gebhardt & Smithâ€�), appellant, and the Maryland Port Administration (“MPAâ€�), appellee, over a lease (“Leaseâ€�) for office space in the Baltimore World Trade Center (“WTCâ€�). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the building’s operati... More...   $0 (10-29-2009 - MD)

Ted and Mary Bissette (the “Bissettes�) appeal from orders: (1) granting plaintiffs’ and third-party defendants’ summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys’ fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.

FACTS

Moss Creek is a single-family residential... More...   $0 (10-20-2009 - NC)

Cathy Frost and John Spencer, friends who were at times romantically involved, ran a business together from the late 1980s to the early 2000s. When their working relationship deteriorated, Spencer sued for division of the partnership property under the law of domestic relations. Frost agreed to a dissolution of their business partnership under a framework for the “equitable distributionâ€� of as... More...   $0 (10-20-2009 - AK)

Appellants, SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc., (collectively “SCTWâ€�), were sued by AAR, Incorporated (“AARâ€�) for failing to pay for mold remediation and storage services that AAR had provided. After a trial by jury, the trial court awarded AAR $422,049.05 in damages, pre-judgment interest and attorney’s fees. SCTW contends the tria... More...   $0 (10-15-2009 - TX)

This case presents the narrow issue of whether any claim that may be asserted against a labor and material payment bond required by General Statutes (Rev. to 1995) § 49-411 must be asserted within the time limit provided in General Statutes (Rev. to 1995) § 49-42 (b).2 The plaintiff, Paradigm Contract Management Company, brought this action against the defendant, St. Paul Fire and Marine Insuran... More...   $0 (10-13-2009 - CT)

[¶1] Appellees/Intervenors, Robert and Gisela Baltensperger (“the Baltenspergersâ€�), applied for and were granted the necessary permits allowing them to construct a barn/equestrian center on their property in Teton County, Wyoming. Appellants, Ernest and Martha Anderson (“the Andersonsâ€�), objected to the construction permits and appealed to the Board of County Commissioners of Teton County... More...   $0 (10-08-2009 - WY)

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c... More...   $0 (10-08-2009 - AK)

16 Plaintiff-Appellant Sandra McBride appeals from a decision of the United States District
17 Court for the District of Connecticut (Underhill, J.) granting the motion of Defendant-Appellee BIC
18 Consumer Products Manufacturing Company, Inc. (“BIC�) for summary judgment. McBride’s
19 complaint alleged that BIC violated the Americans with Disabilities Act of 1990 (“ADAâ€�), 42... More...   $0 (10-05-2009 - CT)

In three issues, Appellants Vineyard Village, Ltd. and Vineyard Village MSV, LLC (AVineyard@) complain that the trial court erred by granting summary judgment for Appellees Univest Properties, Inc. and Yorkshire West Realty Advisors, L.P.,[2] by excluding Vineyard=s summary judgment evidence, and by awarding attorneys= fees to Univest and Yorkshire. We affirm.

II.... More...   $0 (10-02-2009 - TX)

This case involves the interpretation of exculpatory clauses in a construction contract and the determination of when the statute of limitations begins to run on a contractor’s professional malpractice claim against an engineering firm. Jurisdiction is in this court pursuant to Ark. Sup. Ct. R. 1-2(b)(5).

In 2002, the City of Cotter and the City of Gassville (the Cities) retained the serv... More...   $0 (10-01-2009 - AR)

This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all ... More...   $0 (09-30-2009 - ID)

The Commissioner of the Bureau of Labor and Industries (BOLI) filed this action against the Urban Renewal Agency of the City of Salem (Urban Renewal) and others, alleging that workers who performed construction on a hotel were not paid prevailing wages under Oregon's Prevailing Wage Rate Law, former ORS 279.348 to 279.380.(1) After the parties filed cross-motions for summary judgment, the trial c... More...   $0 (09-30-2009 - OR)

ARCADO, an architectural firm, sued the Town of Falmouth on a breach of contract theory claiming that the Town wrongfully and without cause terminated Plaintiff's contract with the Town to assist with the renovation of the Falmouth High School. ARCADO sought $30 million in damages claiming that it had to lay off employees and could not get new projects upon which to work because of the wrongful te... More...   $1500000 (09-26-2009 - MA)

Novelis Corporation appeals from the order of the district court granting summary judgment to plaintiff Cincom Sysems, Inc. (“Cincomâ€�), on its claim of copyright infringement. See 17 U.S.C. § 501. Novelis argues that the district court erred by concluding that a series of mergers Novelis underwent as part of an internal corporate restructuring resulted in a prohibited transfer of the software... More...   $0 (09-25-2009 - OH)

Defendant Orange Park Community Association (OPCA)1 maintains and exercises control over a series of recreational trails on portions of the association “common areaâ€� (Civ. Code, § 1351, subd. (b)). The trails border Broadmoor Park homes and Saddlehill development, OPCA residential developments in Orange Park Acres. The OPCA trails connect to a larger system of trails maintained by other assoc... More...   $0 (09-22-2009 - CA)

The trial court erred in refusing to award litigation costs to a litigant (The Vons Companies, Inc.) that prevailed on two causes of action assigned to it by the original plaintiff (Mock Ranch, Inc.) in a settlement of Mock‟s complaint against Vons. The trial court did not err, however, in denying Vons‟ motion for attorney fees under Civil Code section 1717, because the warranty on which Vonsâ... More...   $0 (09-17-2009 - CA)

Plaintiff Nancy Lewis’s pro se complaint for copyright infringement charged that defendant, New Mexico newspaper Rio Grande Sun, ran a front page story she had written without crediting her authorship and published another article with an editorial change she had not approved.1 The district court referred the case to a magistrate judge who recommended that it be dismissed for lack of jurisdic... More...   $0 (09-10-2009 - NM)

An administrative law judge ruled that defendant California Public Employees Retirement System (CalPERS) had underpaid retirement benefits to Clarence Alexander and his widow by more than $3 million (plus interest). CalPERS rejected this proposed decision and opted to decide the case itself upon the record, including the transcript. Plaintiffs, who are pursuing the claim on behalf of Alexander‟s... More...   $0 (09-08-2009 - CA)

This case involves a tragic turn of events, which left one man, Grover Bressert, Sr., dead, after being fatally stabbed by Marcelino Lasalle at the Rand Lodge, a rooming house, in Groton. The plaintiff Ann Swanson, acting as the administratrix of the estate of Grover Bressert and as the mother and next friend of the minor children of herself and Bressert,1 appeals from the summary judgment of the ... More...   $0 (09-07-2009 - CT)

Appellants, referred to collectively hereafter as “Gallatin,â€� argue that the district court made a number of errors in entering an order of condemnation in favor of appellee Burlington Northern Santa Fe Railway Company (“BNSFâ€�) in regard to the 50-foot wide tract of land described in the caption (50-foot tract). Gallatin asserts six points of error. Because we find that none of them have m... More...   $0 (09-04-2009 - WY)

Plaintiff and appellant Starlight Ridge Homeowners Association (the Association) is the owners‟ association of a common interest development. Defendant and respondent Stephanie K. Hunter-Bloor (the homeowner) is the owner of a residential lot in the development. The Association claimed that the homeowner was responsible for upkeep and maintenance of a portion of a drainage channel (the V-ditch) ... More...   $0 (09-04-2009 - CA)