A jury found that defendant CB&I Constructors, Inc. (defendant) negligently sparked a brush fire that caused significant damage to a ranch (the property) owned by plaintiff Martin Kelly (plaintiff). Because plaintiff had a personal reason to restore the property, the jury awarded plaintiff substantially more in damages to restore the property than the property was worth immediately before the fire... More...   $0 (11-19-2009 - CA)

The parties organized a limited liability company (LLC), ORS 63.001(17), for the purpose of developing a residential subdivision. Plaintiff later brought this action against defendants for damages for breach of contract, breach of fiduciary duty, fraud, and an accounting. His claims arise out of defendants' alleged wrongful conduct in carrying out the terms of the operating agreements that gover... More...   $0 (11-18-2009 - OR)

Lee‟s Summit Honda (Honda) appeals the judgment denying its motion to compel Ms. Ashlee Ruhl to arbitrate her individual claims against it. Ms. Ruhl filed a class action against Honda, seeking damages for its unauthorized practice of law, section 484.020,1 and its deceptive practices connected with the sale of merchandise under the Missouri Merchandising Practices Act (MPA), sections 407.010-407... More...   $0 (11-03-2009 - MO)

Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively “Metropublicâ€� or “defendantâ€�) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer ... More...   $0 (10-31-2009 - IL)

Defendants-Appellants Dr. Rahul Nath and Usha Nath (singly and collectively, “Nathâ€�) appeal the grant of a preliminary injunction barring them from making any changes to the residence that they recently purchased from Matthew Prucka (“Pruckaâ€�) in Houston, Texas for $8.3 million. Following an October 2008 hearing, the district court granted that injunction without findings of fact or conclu... More...   $0 (10-23-2009 - TX)

¶1 This appeal1 arises out of an insurance coverage dispute and insurance broker malpractice action. Plaintiff, Willbros USA, Inc. (Willbros), filed a Petition2 on July 27, 2007, against three defendants, Certain Underwriters at Lloyds of London (Lloyds),3 Arthur J. Gallagher & Co. of Oklahoma, Inc. (Gallagher), and JLT Risk Solutions, Limited (JLT), after certain excess claims liability insuranc... More...   $0 (10-22-2009 - OK)

William B. White (plaintiff) appeals the judgment of the Circuit Court of Greene County dismissing his claims against defendants Douglas R. Eckhoff and Sandy L. Eckhoff (Eckhoffs) and granting summary judgment in favor of defendant Doris Bowman (Bowman). We affirm the summary judgment for Bowman. We reverse the dismissal as to Eckhoffs and remand to the trial court for further proceedings.

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Dori Stepan appeals a judgment granting her request to rescind a land contract with Bernard Seidling and returning the money Stepan paid on the contract minus a setoff for her possession and use of the property. She argues: (1) she was entitled to a jury trial; (2) she is entitled to attorney fees under Wis. Stat. § 100.18[1] (false advertising); and (3) the court erred when it offset her dama... More...   $0 (10-14-2009 - WI)

This is one of two separate appeals1 arising out of a real estate transaction involving the plaintiff, Coldwell Banker Manning Realty, Inc. (Coldwell Banker), the named defendant, Cushman and Wakefield of Connecticut, Inc. (Cushman), and Computer Sciences Corporation (CSC).2 In the present appeal, Coldwell Banker claims that the trial court improperly concluded that the decision of the Greater Har... More...   $0 (10-13-2009 - CT)

This breach-of-contract case arises out of a commission agreement entered into by All-Ways Logistics, Inc., and USA Truck, Inc. Following a jury trial, the District Court1 awarded All-Ways approximately $3 million on its breach-of-contract claims, as well as prejudgment interest and attorney fees. USA Truck appeals, arguing that the District Court erred by (1) failing to instruct the jury on an af... More...   $0 (10-06-2009 - AR)

Plaintiff travel agencies appeal the district court’s dismissal of their Amended Complaint for failure to state a claim under § 1 of the Sherman Antitrust Act. Plaintiffs allege that defendants conspired to reduce, cap, and eventually eliminate the payment of base commissions in a concerted effort to drive plaintiffs out of business in violation of 15 U.S.C. § 1. We affirm. In doing so, we hol... More...   $0 (10-02-2009 - OH)

This is an appeal from two matters, Rissolo v. Betts Island Oyster Farms, LLC, and Lovejoy v. Rissolo, formally consolidated by motion on the second day of trial on November 28, 2007.1 Both cases are essentially partition actions, with the Lovejoy case seeking additional relief in a count for damages for a breach of contract. The trial court ordered a partition by sale and awarded damages to Frede... More...   $0 (09-29-2009 - CT)

[¶1] Blue Star Corporation appeals, and CKF Properties, LLC, cross-appeals, from a summary judgment of the Superior Court (Cumberland County, Delahanty, J.): (1) in favor of Blue Star on its claim for breach of contract against CKF; (2) in favor of CKF on Blue Star’s claim for lost profits damages resulting from the breach; and (3) in favor of CKF’s president, Timothy Flannery, as to all clai... More...   $0 (09-24-2009 - ME)

¶ 1 Appellant, Brokerage Concepts, Inc. (“BCIâ€�), appeals from the October 31, 2007 order denying its post-trial motions for judgment notwithstanding the verdict or a new trial and entering judgment in favor of Appellee, Walnut Street Associates, Inc. (“Walnut Streetâ€�). After careful review, we conclude that in accordance with the Restatement (Second) of Torts § 772(a), true statements ma... More...   $0 (09-22-2009 - PA)

Mr. Arnold and Mrs. Jeanie Pettit appeal the trial court’s judgment awarding Hale & Hale Ltd. a real estate commission on the sale of the Pettit’s property and attorney fees. Hale & Hale sued Mr. and Mrs. Pettit after they refused to pay it a real estate commission on property that Mr. Pettit had listed exclusively with Hale & Hale Ltd. We affirm and remand for a determination of reasonable at... More...   $0 (09-15-2009 - MO)

Mr. Arnold and Mrs. Jeanie Pettit appeal the trial court’s judgment awarding Hale & Hale Ltd. a real estate commission on the sale of the Pettit’s property and attorney fees. Hale & Hale sued Mr. and Mrs. Pettit after they refused to pay it a real estate commission on property that Mr. Pettit had listed exclusively with Hale & Hale Ltd. We affirm and remand for a determination of reasonable at... More...   $0 (09-15-2009 - MO)

Microsoft Corporation appeals the denial of post-trial motions concerning a jury verdict that U.S. Patent No. 4,763,356 (the “Day patentâ€�) was not invalid and that Microsoft indirectly infringed the Day patent. Microsoft also appeals the $357,693,056.18 jury award to Lucent Technologies, Inc. for Microsoft’s infringement of the Day patent. Because the validity and infringement decisions were... More...   $0 (09-12-2009 - )

Richard Neiswonger (Neiswonger) appeals the district court’s1 entry of a civil contempt order against Neiswonger for Neiswonger’s violations of a prior permanent injunction, enjoining him from using deceptive and misleading sales practices. Neiswonger claims the district court erred in denying Neiswonger’s motion for a separate hearing on the issues of damages and disgorgement of profits and... More...   $0 (09-09-2009 - MO)

This case involves the liability of an insurance agency for negligence in advising on, procuring and maintaining an insurance package for a new business venture that did not include workers compensation insurance. The lack of workers compensation insurance was discovered after an employee was injured in a catastrophic fire during the third year of business operations. After a lawsuit in which the ... More...   $0 (09-09-2009 - CA)

Following an adverse jury verdict on a fraud claim, Wayne Frier Home Center of Pensacola, Inc. (Wayne Frier), filed an appeal, while Vanessa Hartley and the estate of Robert Hartley cross-appealed the trial court’s denial of their motion to amend their complaint to add a claim for punitive damages. Wayne Frier has voluntarily dismissed its appeal, while the cross-appeal remains pending. We concl... More...   $0 (09-01-2009 - FL)

Plaintiff First American Title Insurance Company (First American) sought a declaration that it had no duty under its title insurance policies to defend or indemnify defendant XWarehouse Lending Corporation formerly known as Access Lending Corporation (Access). 1 The trial court issued the requested declaration after ruling that Access was not an insured entitled to coverage under the policies. We ... More...   $0 (08-28-2009 - CA)

Defendant Midland National Life Insurance Company marketed annuities to senior citizens in Hawaii. At issue in this case are Midland annuities that were sold by independent brokers between 2001 and 2005. Plaintiff Gary Yokoyama purchased one of those annuities through an independent broker and filed this class action claiming that Midland marketed the annuities through deceptive practices, in viol... More...   $0 (08-28-2009 - HI)

The approach of Hurricane Rita prompted a mass evacuation of the Houston area in September 2005. Elderly patients from a nursing home facility in Bellaire, Texas were evacuated as part of the evacuation. The elderly patients were being transported in MCI Model EL3 bus. During the course of the long trip to Dallas, the vehicle got a flat tire. The flat was changed by K&S Tire. The driver,... More...   $0 (08-27-2009 - TX)

We are asked to invalidate the President’s authority to designate terrorist organizations when there is an extraordinary threat to national security, as well as the Secretary of the Treasury’s authorization to designate further organizations; and to declare that a ban on providing “services� to, or for the benefit of, such organizations, is unconstitutionally vague and overbroad.

In... More...   $0 (08-25-2009 - CA)

Appellant, The Keyes Company, was the Real Estate Broker and the holder of a $25,000 earnest money deposit in a contract for Purchase and Sale of real estate. Appellee and cross-appellant, Anne Marie Spencer, was the buyer under the contract. Patricia DiGiacomo was the seller. When the contract failed to close, both the buyer and the seller claimed the deposit money, and appellant asserted that it... More...   $0 (08-12-2009 - FL)