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Arson Law
 
Brenton R. Smith v. Selma Community Hospital

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals.

Smith invoked the next stage of the peer review process by requesting a formal hearing.

The judicial review committee sat as a trier of ... More...
   $0 (07-22-2008 - CA)

Gloria Warren v. State Farm Fire & Casualty Company and Countrywide Home Loans, Inc.

Gloria Warren brought this suit against State Farm Fire & Casualty Company (“State Farm”) to recover the proceeds of an insurance policy after her home burned and State Farm denied the claim. At trial, State Farm asserted that the policy was void on two grounds: (1) Warren, or individuals acting on her behalf, intentionally set the fire2 and (2) Warren made material misrepresentations followin... More...   $0 (07-15-2008 - ar)

William E. Kancilia v. Michele R. Pearson and Denise L. Fahy

In this appeal, William Kancilia challenges the court of appeals' conclusion that his disability insurance payments can be garnished to satisfy judgments held by two of Kancilia's creditors, Michele Pearson and Denise Fahy. In the midst of Pearson and Fahy's trial against Kancilia involving various tort claims, Kancilia filed for bankruptcy. He claimed his disability insurance payments as exempt p... More...   $0 (06-23-2008 - CO)

Laura Phblan v. Village of Lyons and Damen Dyas

As she was driving through the Village of Lyons en route to the North Riverside Mall, Laura Phelan was pulled over and arrested. Officer Damien Dyas executed the traffic stop based on his belief that Phelan was driving a stolen vehicle. His belief turned out to be mistaken, and Phelan was released shortly thereafter. She sued the Village of Lyons1 and Officer Dyas under 42 U.S.C. § 1983, al... More...   $0 (06-27-2008 - IL)

General Motors Corporaton, etc. v. Boyd Bryant, etc.

Appellant General Motors Corporation d/b/a Chevrolet, GMC, Cadillac, Buick, and Oldsmobile appeals interlocutorily from the circuit court's order granting class certification to appellee Boyd Bryant, on behalf of himself and all other similarly situated persons. General Motors asserts four points on appeal: (1) that extensive legal variations in state laws defeat predominance; (2) that extensi... More...   $0 (06-20-2008 - AR)

Vincent R. Biskupic v. Stacey Cicero, et al.

Vincent Biskupic is a former Outagamie County District Attorney and an unsuccessful candidate for Wisconsin Attorney General. He claims he was defamed by a newspaper article published by the Shawano Leader in August 2004. The article incorrectly stated Biskupic had been involved in bribery and graft.

2 Biskupic sued eight defendants, including the Leader, several of its employees, ... More...   $0 (06-17-2008 - WI)

Carroll G. Bassett, et al. v. Sheehan, Sheehan & Stelzner, P.A.

{1} The Bassett family (Bassetts) appeal the trial court's order granting summary judgment in a legal malpractice claim against Sheehan, Sheehan & Stelzner, P.A. (Sheehan). Because we conclude that the Bassetts' claim presented no genuine issue of material fact, we affirm.

I. BACKGROUND

{2} In 1984, the Bassetts sold a parcel of real estate to a buyer, William Turner ... More...   $0 (04-17-2008 - NM)

Katherine Tweedle v. State Farm Fire & Casualty Company

Katherine Tweedle appeals from orders of the District Court1 entered after judgment in her favor on her breach-of-contract claim against State Farm Fire & Casualty Company. This case is before us for the second time. In the first appeal, State Farm challenged a jury verdict in favor of Tweedle on her claim to recover homeowners insurance policy proceeds. Tweedle v. State Farm Fire & Cas. Co., ... More...   $0 (06-09-2008 - AR)

Craig Outdoor v. Wally Kelly

Craig Outdoor Advertising, Inc., Midwest Outdoor Media, LLC, Patriot Outdoor, LLC (collectively "Plaintiffs"), and Curtis Massood, the former owner of a small billboard company, filed this lawsuit in which they alleged that Viacom Outdoor ("Viacom"), and Viacom executives Wally Kelly and Harold Gustin (collectively "individual Defendants")1 perpetrated a scheme by which Viacom and its employee... More...   $0 (06-09-2008 - MO)

Ocean Harbor House Homeowners Association v. California Coastal Commission

Plaintiff Ocean Harbor House Homeowners Association (Homeowners) sought a costal development permit from defendant California Coastal Commission (the Commission) to build a seawall to protect their condominium complex from erosion that threatened its structural integrity. The Commission granted the permit but as a condition required Homeowners to pay a fee to mitigate the loss of an acre of be... More...   $0 (05-23-2008 - CA)

Harmont T. Sharp III, et al. v. Next Entertainment, Inc., et al.

The Writers Guild of America (the Guild) had reason to believe that reality television production companies and television networks violated wage and labor laws. The Guild held meetings during which employees of reality television discussed the purported violations. Some who participated in the meetings, along with other reality television employees, agreed to be the named plaintiffs in two wa... More...   $0 (05-30-2008 - CA)

Jack Gross v. FBL Financial Services

FBL Financial Group (FBL) appeals a jury verdict in favor of Jack Gross, an employee who alleged that FBL violated the Age Discrimination in Employment Act (ADEA) by demoting him because of his age in 2003. FBL challenges the final jury instructions adopted by the district court, the district court's decision to exclude certain testimony, and the court's denial of FBL's motions for judgment as... More...   $0 (05-28-2008 - IA)

George Siepel v. Bank of America

Several beneficiaries of trust accounts maintained by Bank of America, N.A., filed a class action complaint against the Bank, its holding corporation, and affiliated investment companies. In addition to alleging claims under federal securities laws, the Plaintiffs alleged state-law claims that the Defendants were unjustly enriched and breached fiduciary duties they owed to the beneficiaries. O... More...   $0 (05-19-2008 - MO)

Jeffrey R. Purtell and Vicki A. Purtell v. Bruce Mason

This free-speech lawsuit requires us to determine the present scope of the "fighting-words" doctrine. The setting is a neighborhood feud. The case features an unsightly, 38-foot recreational vehicle stored on a residential driveway in suburban Chicago, a neighborhood petition drive to force its removal, and a derogatory Halloween yard display erected in retaliation against the neighbors who... More...   $0 (05-17-2008 - IL)

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)

Sheila Harper and Clayton Harper v. Keith H. Evans, M.D., et al.

1 Sheila and Clayton Harper appeal from the district court's entry of summary judgment in favor of Keith H. Evans, M.D.; Gary B. White, M.D.; and Uintah Basin Women's Health (collectively, Defendants). We affirm.

BACKGROUND

2 In Fall 2002, Sheila Harper saw Evans for consultation and evaluation of several health issues, including excessive bleeding and cramping during her mens... More...   $0 (05-12-2008 - UT)

Gary K. Wolfe, et al. v. Walt Disney Pictures and Television, et al.

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 the cartoon characters depicted in Wolf's novel. C... More...   $0 (05-10-2008 - CA)

Mary E. Green v. Alpharma, Inc., et al.

This appeal arises from an order of the Washington County Circuit Court granting summary judgment in favor of Appellees George's Farms, Inc.; George's Processing, Inc. (collectively "George"); Simmons Foods, Inc.; Simmons Poultry Farms, Inc. (collectively "Simmons"); Peterson Farms, Inc. ("Peterson"); and Tyson Foods, Inc. ("Tyson"). The circuit court denied summary judgment in favor of Appell... More...   $0 (05-09-2008 - AR)

Ricky D. Compton v. Country Mutual Insurance Company

The plaintiff, Ricky Compton, filed an action against the defendant, Country Mutual Insurance Company (Country Mutual), for declaratory judgment, breach of contract and consumer fraud on behalf of himself and similarly situated individuals. In his complaint, the plaintiff maintained that Country Mutual's practice of placing liens on insurance proceeds due insureds breached its contract of in... More...   $0 (05-08-2008 - IL)

Chermane Smith, et al. v. City of Chicago, et al.

The Chicago Police Department, acting under the Illinois Drug Asset Forfeiture Procedure Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property belonging to the plaintiffs. In response, the plaintiffs filed this case, under 42 U.S.C. § 1983, claiming that when property is seized under the Act, due process requires that they be given a prompt, postseizure, probable cause hearing, even t... More...   $0 (05-06-2008 - IL)

Chermane Smith, et al. v. City of Chicago, et al.

The Chicago Police Department, acting under the Illinois Drug Asset Forfeiture Procedure Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property belonging to the plaintiffs. In response, the plaintiffs filed this case, under 42 U.S.C. § 1983, claiming that when property is seized under the Act, due process requires that they be given a prompt, postseizure, probable cause hearing, even t... More...   $0 (05-05-2008 - IL)

Elsie Marie Allen v. Choice Motels International, Inc.

This case arises out of a fire at a Comfort Inn and Suites (the "Comfort Inn") which killed six hotel guests and injured twelve others. Appellants, guests who were injured in the fire and personal representatives of those who perished, brought wrongful death and personal injury claims against Ron Gedda ("Gedda") and his company, R.G. Hospitality, LLC ("RGH") (together "RGH/Gedda"), the hotel... More...   $0 (05-03-2008 - SC)

Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC

The primary question in this case is whether a realtor who represented the lessee in a complex commercial lease transaction had a duty to inform the lessor, after the lease was signed but before the lessee took possession, that the lessee's ability to perform the conditions of the lease was jeopardized by its deteriorating financial condition. The trial court held that the lessor had failed to... More...   $0 (05-02-2008 - CA)

Vida F. Negrete, et al. v. Alliance Life Insurance Company of North America

Vida F. Negrete filed this class action lawsuit against Allianz Life Insurance Company of North America. Allianz appeals a district court order that effectively prevents it from proceeding with any settlement negotiations on similar class action claims raised in any federal or state court without first obtaining permission from Negrete's Co-Lead Counsel,1 and from finalizing a settlement in ... More...   $0 (04-30-2008 - CA)

James River Insurance Company v. Herbet Schenk, P.C.

In this appeal we decide whether the district court erred in granting summary judgment to a professional liability insurer on a claim seeking a declaration of no coverage, and on counterclaims for breach of contract and bad faith under Arizona law. The insurer argued that it could permissibly refuse to provide for its insured's defense against a legal malpractice lawsuit because the insured ... More...   $0 (04-25-2008 - AZ)


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