M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

Information
About MoreLaw
Contact MoreLaw

Architect Law
 
State of New Hampshire v. Exxon Mobil Corporation

In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. See 42 U.S.C. § 7545(k) (Supp. 1991) (amended 2005, 2007). An oxygenate is a substance used to reduce gasoline emissions. See Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 666 (9th Cir. 2003). The amendment did not mandate the u... More...   $0 (10-04-2015 - NH)

Vita Planning & Landscape v. HKS Architects

HKS is an architecture firm and a Texas corporation. C.E. Mammoth LLC (Owner) planned to develop a luxury hotel in Mammoth Lakes (Project). Owner hired HKS to provide architectural services for the Project pursuant to an “Agreement Between Owner and Architect” (Prime Agreement). Among other things, the Prime Agreement contained a Texas forum selection clause providing: “[a]s a condition precede... More...   $0 (09-25-2015 - CA)

J.R.'s Landscaping & Sprinkler Systems, Inc. v. City of Crosbyton

Appellant J.R.’s Landscaping & Sprinkler Systems, Inc. brought suit against the City of Crosbyton, Texas, alleging breach of its construction contract with the City. The City brought a counterclaim, asserting J.R.’s had failed to perform the contract as required.1 Each sought damages. After a bench trial, the court awarded the City its damages for the cost of completion of the project.
1 The e... More...
   $0 (09-21-2015 - TX)

Helf v. Chevron

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le... More...   $0 (09-14-2015 - UT)

Pelco Construction Company v. Chambers County, Texas

Pelco Construction Company filed suit against Chambers County, Texas, Kurt Amundson, and Amundson Consulting, Inc. over a construction contract. Chambers County counter-sued. The trial court granted summary judgment on liability in favor of Chambers County and Amundson Consulting on all claims in
2
the suit. The parties then proceeded to trial on Chambers County’s damages for its breach of... More...
   $0 (09-07-2015 - TX)

Brian Schmigel v. Miroslav Uchal

In 2010, Appellee Dr. Miroslav Uchal performed laparoscopic adjustable gastric band surgery, a procedure intended to place a band around a person’s stomach to limit his food intake and help him lose weight, on Appellant Brian Schmigel. The surgery went awry, however, and the band was left “free floating in his abdomen.” App. 20a. As a result, Schmigel not only failed to lose weight; he suffered... More...   $0 (09-05-2015 - PA)

Helf v. Chevron,

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam

Cite as: 2015 UT 81 Opinion of the Court

3

condensate from the refining process, which continuously f... More...
   $0 (09-04-2015 - UT)

Brian Schmigel v. Miroslaw Uchal, M.D., FASC

In 2003, the Pennsylvania Supreme Court grew troubled by the frequency of meritless professional malpractice claims filed in the state system. To address that concern, the Court amended the Pennsylvania Rules of Civil Procedure to require malpractice plaintiffs or their attorneys to file a certificate of merit (“COM”) within sixty days of bringing suit. Failure to comply conferred upon a defendant... More...   $0 (09-02-2015 - PA)

Coghlin Electrical Contractors, Inc. v. Gilbane Building Co

This case requires us to resolve three issues
regarding a public construction contract that implements the
construction management at risk delivery method, pursuant to
G. L. c. 149A: (1) Does the owner who furnishes the plans and
specifications in a public construction management at risk
project give an implied warranty of their sufficiency for the
purpose intended,... More...
   $0 (09-02-2015 - MA)

Facilities Cost Mgmt. Group v. Otoe Cty. Sch. Dist.

The threshold issue presented in this appeal is whether sections 11.2 and 12.7 of the contract are ambiguous. The contract is based on a 1987 version of the American Institute of Architects’ “Standard Form of Agreement Between Owner and Architect.” As the Court of Special Appeals of Maryland has observed: The standard form contracts drafted by the [American Institute of Architects (AIA)] are widel... More...   $0 (08-21-2015 - NE)

Darbun Enterprises, Inc. v. San Fernando Comm. Hosp.

Plaintiff Darbun Enterprises, Inc., doing business as (dba) All Saints Healthcare (Darbun), sued defendant San Fernando Community Hospital, dba Mission Community Hospital (Mission), for breach of a lease agreement, seeking damages and specific performance.
The trial in this case proceeded in two phases. The first, the equity phase, was held to determine whether the equitable remedy of speci... More...
   $0 (08-12-2015 - CA)

Joseph General Contracting, Inc. v. Couto

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.T... More...   $0 (08-12-2015 - CT)

Fernandes v. DAR Development Co

As plaintiff Rolando Fernandes and his boss, Mario Freitas
(Mario),1 were installing a sewer pipe on a residential
construction site, the wall of the trench in which Fernandes was
working collapsed, burying him up to his chest. Mario promptly
extricated plaintiff and later drove him home. Fernandes was
seriously injured and has not worked since that day.
Fernandes ... More...
   $0 (08-09-2015 - NJ)

Sheldon Stephens v. Kevin Clash

Plaintiff Sheldon Stephens appeals the dismissal of his claims against Defendant Kevin Clash for injuries resulting from the parties’ sexual relationship while Stephens was underage, in violation of 18 U.S.C. § 2422, 18 U.S.C. § 2423, and state law. The District Court dismissed Stephens’s claims as untimely. For the reasons that follow, we will affirm.
I.
Because the District Court dismiss... More...
   $0 (08-05-2015 - PA)

Jordan and Associates v. Lisa Wells

This is an interlocutory appeal from the trial court’s denial of appellant Jordan and Associates’s motion to dismiss based on appellee Lisa Wells’s failure to timely file a certificate of merit as required by Chapter 150 of the Texas Civil Practice & Remedies Code. See TEX. CIV. PRAC. & REM. CODE § 150.002. On
2
appeal, Jordan argues that the trial court erred by extending the time for fil... More...
   $0 (07-30-2015 - TX)

Fernandes v. DAR Development Co.

As plaintiff Rolando Fernandes and his boss, Mario Freitas
(Mario),1 were installing a sewer pipe on a residential
construction site, the wall of the trench in which Fernandes was
working collapsed, burying him up to his chest. Mario promptly
extricated plaintiff and later drove him home. Fernandes was
seriously injured and has not worked since that day.
Fernandes ... More...
   $0 (07-28-2015 - )

JOSEPH GENERAL CONTRACTING, INC. v. JOHN COUTO ET AL. JOHN COUTO ET AL. v. LANDEL REALTY, LLC, ET AL

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.T... More...   $0 (07-13-2015 - )

Jacob Doe v. Hartford Roman Catholic Diocesan Corporation

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus... More...
   $0 (06-27-2015 - CT)

United States of America v. Steven Metheny

MEDFORD, OR - Steven Metheny, 45, Medford, Oregon was sentenced to 12.5 years in federal prison by U.S. Chief District Court Judge Ann Aiken after his convictions for conspiracy to commit mail and wire fraud and the making of false statements in defrauding the United States Forest Service in procuring helicopter firefighting contracts in 2008.

Levi Phillips, 48, Grants Pass, Oregon, was a... More...
   $0 (06-16-2015 - OR)

Stephen K. Davis v. Fresno Unified School District

Stephen Davis is a taxpayer challenging a noncompetitive bid contract
between the Fresno Unified School District (Fresno Unified) and Harris Construction
Co., Inc. (Contractor) for the construction of a middle school for $36.7 million. The
construction was completed in 2014 pursuant to a lease-leaseback arrangement that
Fresno Unified and Contractor contend is exempt from competiti... More...
   $0 (06-01-2015 - CA)

In Re Memorial Herman Hospital System; Memorial Herman Physician Network; Michael Macris, M.D.; Michael Macris, M.D., P.A. and Keith Alexander

A decade ago, we observed: “While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privileges must be strictly construed.”1 In this original proceeding—involving a heart surgeon who claims his former hospital retaliated against him for joining a competin... More...   $0 (05-22-2015 - TX)

Phil Rosemann v. Martin Sigillito

Phil Rosemann appeals the district court’s adverse grant of summary judgment
in this diversity action alleging legal malpractice against now-disbarred attorney
Martin Sigillito. We agree with the district court that in negligence cases like this
one, Missouri law requires expert-witness testimony about the duty of care owed.
Without providing an expert, Rosemann’s claim is inva... More...
   $0 (05-04-2015 - MO)

Isaac Agam v. Eliyahu Gavra

Shortly before the collapse of the housing market and the onset of the Great Recession, appellants Eliyahu and Yifah Gavra, respondent Isaac Agam, and Eran Cohen formed a partnership to purchase and develop a parcel of land in Los Altos Hills. The partners planned to subdivide the property and build two or three houses for resale. They successfully purchased and subdivided the property into three ... More...   $0 (04-23-2015 - CA)

United States of America v. Jerry D. Kerley and Jeffrey Whaley

Defendants-Appellants Jerry D. Kerley and Jeffrey Whaley were
convicted following a jury trial in the Eastern District of Tennessee of conspiracy to commit wire
fraud affecting a financial institution and bank fraud, wire fraud affecting a financial institution,
bank fraud, making a false statement to a financial institution, and money laundering, all arising
out of a mortgage frau... More...
   $0 (04-23-2015 - TN)

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

May the second-place bidder on a public works contract state a cause of action for intentional interference with prospective economic advantage against the winning bidder if the winner was only able to obtain lowest bidder status by illegally paying its workers less than the prevailing wage? We hold that the answer is yes if the plaintiff alleges it was the second lowest bidder and therefore would... More...   $0 (02-20-2015 - CA)

Next Page

 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2018 MoreLaw, Inc. - All rights reserved.