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Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two

2

statutes of repose.1 In two issues, Jenkins argues that the tria... More...
   $0 (07-02-2013 - TX)

Charles Sheffer v. Carolina Forge Company, LLC

¶1 On August 24, 2006, William Garris III and David Billups flew from Raleigh, North Carolina, to Joplin, Missouri, on a business trip for their employer, Carolina Forge Company, L.L.C. Garris was the quality manager for Carolina Forge, and Billups was a customer service representative. The trip was scheduled to take place from August 24, 2006, to August 27, 2006, in Joplin, Missouri. Normally, W... More...   $0 (06-25-2013 - OK)

Series AGI West Linn v. Robert Eves

Robert Eves appeals from the Judicial Council form AT-120 Right to Attach Order and Order for Issuance of Writ of Attachment. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the proceeds from the sale of that asset still exc... More...   $0 (06-14-2013 - CA)

Carol A. Douglas v. Cox Retirement Properties, Inc.

¶1 On April 2, 2009, Richard Douglas was admitted to the Defendant's rehabilitative care center for extended care. Douglas remained at the facility for approximately 21 days and was discharged on April 23, 2009. He died a short time later on May 12, 2009. The decedent's estate filed a wrongful death action in Tulsa County against the Defendant, alleging Douglas died as a result of the facility's ... More...   $0 (06-04-2013 - OK)

Chinowth & Cohen, Inc. v. John Doe

1. C&C is an Oklahoma limited liability company doing business in Tulsa County, Oklahoma.

2. Cohen is an individual doing business in Tulsa County, Oklahoma.

3. Defendant John Doe (“Defendant John Doe”), whether one or more, is an unknown individual who, upon information and belief, resides in Wagoner County, Oklahoma

4. The events and transactions hereinafter set forth to... More...
   $0 (05-02-2013 - OK)

Heritage Pacific Financial, LLC v. Maribel Monroy

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil... More...   $0 (04-25-2013 - CA)

Kirtsaeng dba Bluechristine99 v. John Wiley & Sons, Inc.

The “exclusive rights” that a copyright owner has “to distribute copies. . . of [a] copyrighted work,” 17 U. S. C. §106(3), are qualified by the application of several limitations set out in §§107 through 122, including the “first sale” doctrine, which provides that “the owner of a particular copy or phono record lawfully made under this title . . . isentitled, without the authori... More...   $0 (03-19-2013 - NY)

Estate of Simone Young Kim v. Ray Coxe d/b/a Rayco Sales

Jason Coday shot and killed Simone Kim with a rifle obtained from Ray Coxe’s gun store. Kim’s Estate (the Estate) brought a wrongful death action against Coxe, alleging that Coxe negligently or illegally provided Coday the rifle. Coxe defended in part by asserting immunity under the Protection of Lawful Commerce in Arms Act (PLCAA). The Estate argued against applying the PLCAA and alternativel... More...   $0 (02-22-2013 - ak)

BOKF, N.D. d/b/a Bank of Oklahoma v. Oxymagic Franchise Development Corp.

BOKF, N.D. d/b/a Bank of Oklahoma sued Oxymagic Franchise Development Corp., David Iseley aka David Allen Iseley on breach of contract theory claiming:

1. The Plaintiff, BOKF, is a banking corporation licensed to conduct business inthe State of Oklahoma

2 Defendant, OxyMagic Franchise Development, Corp (hereinafter known as “OxyMagic”), is an Oklahoma corporation with its pri... More...
   $26223 (02-18-2013 - OK)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial court erred in... More...   $0 (02-14-2013 - TX)

Gary B. Cron v. Shawnita Zimmer

2 Plaintiffs appeal from a general judgment dismissing their interference with
3 economic relations, conversion, and unjust enrichment claims. Plaintiffs assign error to
4 the trial court's grant of defendant's motion for summary judgment. Because we conclude
5 that plaintiffs demonstrated sufficient evidence for a trial on their interference with
6 economic relations, conversion, ... More...
   $0 (02-06-2013 - OR)

Christopher James v. Thomas Craig Scheer

Christopher James sued Thomas Craig Scheer and James Leonard and Toni Leonard d/b/a The Hudson Company Auto Brokers on personal tort theories claiming:

1. This case stems from the theft of a 2004 model Dodge pickup truck from Plaintiff during December 2009; the procurement of false Certificates of Title to the stolen vehicle based on fraudulent Affidavits submitted to the Oklahoma Tax Com... More...
   $0 (01-31-2013 - OK)

Medical Recovery Services, LLC v. Bonneville Billing and Collections, Inc.

Bonneville Billing and Collections, Inc. (BBC) appeals from the district court’s order, on intermediate appeal, vacating the magistrate’s award of summary judgment in BBC’s favor. For the reasons set forth below, we reverse and reinstate the judgment of the magistrate.

I.

FACTS AND PROCEDURE

BBC is a collection agency which had outstanding accounts for a debtor. Medical ... More...
   $0 (01-18-2013 - ID)

Brody Hays v. Francis M. "Pete" Royers

This is a negligent entrustment case. The issue is whether an entrustee may have a viable claim against the entrustor when no third party was injured and when the entrustee‟s claim is dependent upon his own negligence (and not some independent negligent act of the entrustor). The Restatement view is that, in a state in which contributory negligence does not bar the plaintiff‟s claim, an entrus... More...   $0 (09-18-2012 - MO)

Judith Koenig v. PurCo Fleet Services, Inc.

¶1 The dispute before us arises out of a rental car contract between Petitioner/Cross-Respondent Judith Koenig (“Koenig”) and BDD Enterprises, LLC d/b/a National Car Rental at the Durango Airport (“National”). Koenig hit a deer while driving a rental vehicle. After the accident, National assigned its damage claim to Respondent/Cross-Petitioner PurCo Fleet Services, Inc. (“PurCo”)... More...   $0 (09-10-2012 - CO)

Union Carbide Corporation v. William P. Aubin

Union Carbide Corporation (“Union Carbide”) appeals from a final judgment awarding Aubin $6,624,150 in damages on his asbestos-related, products liability claims. Because Aubin failed to present any evidence demonstrating that the defective design of SG-210 Calidria caused Aubin’s harm, peritoneal mesothelioma, we reverse the trial court’s denial of Union Carbide’s motion for a directed ... More...   $0 (08-23-2012 - FL)

Vieira Enterprises, Inc. v. City of East Palo Alto

Vieira Enterprises, Inc. (Vieira), a seller and installer of manufactured homes, filed mechanic‟s liens after the owners of two lots in the City of East Palo Alto (the City) failed to pay for its delivery and installation of two manufactured homes. Prior to the filing of the mechanic‟s liens, another party foreclosed on the properties and applied to the City of East Palo Alto‟s Building Serv... More...   $0 (08-20-2012 - CA)

Union Carbide Corporation v. William P. Aubin

Union Carbide Corporation (“Union Carbide”) appeals from a final judgment awarding William P. Aubin (“Aubin”) $6,624,150 in damages on his asbestos-related, products liability claims. Because Aubin failed to present any evidence demonstrating that the defective design of SG-210 Calidria caused Aubin’s harm, peritoneal mesothelioma, we reverse the trial court’s denial of Union Carbide... More...   $0 (06-22-2012 - FL)

Tanner Mickelsen v. Broadway Ford, Inc.

This case comes before this Court from the district court’s grant of summary judgment against Tanner Mickelsen (Mickelsen) and for Broadway Ford, Inc. (Broadway Ford). Mickelsen, who had leased a truck from Broadway Ford, brought a complaint alleging fraud in the inducement and asking for rescission based on that fraud or, alternatively, on mutual mistake. The district court granted summary judg... More...   $0 (06-15-2012 - ID)

Amir Peleg v. Neiman Marcus Group, Inc.

Under the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1–16), ―arbitration is a matter of contract.‖ (Steelworkers v. Warrior & Gulf Co. (1960) 363 U.S. 574, 582 [80 S.Ct. 1347]; accord, 9 U.S.C. § 2.) An arbitration contract typically consists of the parties‘ mutual promises to arbitrate their claims against each other.

In this employment case, an employer and its at-will employee... More...
   $0 (04-17-2012 - CA)

Marjorie Gayle Hendrix v. Charles Robert Burns

Marjorie Gayle Hendrix, the appellant, was injured in an automobile accident caused by Charles Robert Burns, one of the appellees. In the Circuit Court for Baltimore County, Mrs. Hendrix sued Mr. Burns and Candice Marie Burns, his wife, the other appellee, alleging battery and negligence against Mr. Burns and negligent entrustment against Mrs. Burns.

Mrs. Hendrix prayed a jury trial. Before... More...
   $0 (03-29-2012 - MD)

Intermed Insurance Company v. Doyle B. Hill, D.O.

Penny L. Boyce ("Appellant") appeals the trial court's grant of summary judgment in favor of Intermed Insurance Co. ("Intermed") in a declaratory judgment action brought to determine whether a professional liability insurance policy issued by Intermed provided coverage for a medical clinic's negligent failure to supervise a physician's assistant ("PA") who sexually assaulted Appellant under the gu... More...   $0 (03-12-2012 - MO)

BC Technical, Inc. v. Ensil International Corporation

The jury found Ensil International Corporation (Ensil) (1) breached a contract with BC Technical, Inc. (BC) by failing to repair damaged circuit boards and (2) converted BC’s property by unreasonably refusing to return the circuit boards BC had sent for repair. Before the jury retired for deliberations, Ensil moved for judgment as a matter of law. Following the trial, Ensil again moved for judgm... More...   $0 (02-07-2012 - UT)

Paula (Livingston) Gresik v. PA Partners, L.P>

This case involves whether the Superior Court properly interpreted and applied Section 385 of the Second Restatement of Torts, which relates to the liability of a contractor or employee who creates a dangerous condition on land on behalf of the land’s possessor.

According to the plaintiffs’ allegations, between 1983 and 1988, Appellee, PA Partners, L.P., possessed and operated a steel p... More...
   $0 (12-01-2011 - PA)

AMICA Mutual Insurance Company v. Edward Fogel

The principal issue in this case is whether New Jersey or Pennsylvania law applies to an automobile insurance dispute between Amica Mutual Insurance Company (“Amica”) and Edward and Maureen Fogel, individually and as guardians ad litem of Marcy Fogel and Carrie Fogel, and as administrators of the estate of Melissa Fogel (collectively, the “Fogels”). Amica issued the policy to the Fogels w... More...   $0 (09-08-2011 - PA)

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