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Civil Procedure Law
Nu-Med USA, Inc. v. 4Life Research, L.C.

¶1 In this appeal we are asked to determine whether the district court erred in granting summary judgment to 4Life Research, L.C. (4Life). The district court concluded that Nu-Med USA, Inc.’s (Nu-Med) claims were barred by rule 13 of the Utah Rules of Civil Procedure as compulsory counterclaims that were required to be litigated in prior litigation between the parties.

The court also rej... More...
   $0 (07-30-2008 - UT)

Scott L. Howard v. Lloyd Waide, et al.

Scott L. Howard appeals the district court’s dismissal of his 42 U.S.C. § 1983 civil rights action against several Colorado Department of Corrections (“CDOC”) employees.1 Howard alleges that defendants knew that he had been sexually assaulted by members of a prison gang, but despite this they failed to protect him from future harm by the gang. Although he reported his fears to prison office... More...   $0 (07-30-2008 - CO)

Adelina Garcia, et al. v. Tyson Foods, Inc., et al.

Defendants-appellants Tyson Foods, Inc. and Tyson Fresh Meats, Inc. (collectively, “Tyson”) appeal from the district court’s interlocutory order denying their motion for partial summary judgment. We ordered the parties to submit briefs addressing whether this appeal should be dismissed on the ground that the order appealed from was not final. Tyson argues that we have jurisdiction over the a... More...   $0 (07-30-2008 - KS)

Nourison Rug Corporation v. Abdi Parvizian and Parinco of Virginia, Inc.

Abdi Parvizian ("Parvizian") guaranteed a debt owed to Nourison Rug Corporation ("Nourison") by Parinco of Virginia, Inc. ("Parinco"). When Parinco defaulted, Nourison sued Parvizian to recover the balance due. After the deadline for amending the pleadings had passed, Parvizian attempted to amend his answer to add the defense of release. The United States District Court for the District of Marylan... More...   $0 (07-28-2008 - MD)

Stephen Wartalski v. JSB Construction and Consulting Company and JMS Electric, Inc.

This appeal arises out of a jury verdict entered in favor of a pipefitter who was injured while working on a retail restaurant building construction site. Construction contractors JSB Facilities Consultants, Inc., d/b/a JSB Construction and Consulting Co. (collectively, JSB), and JMS Electric (JMS), appeal from a judgment entered in favor of plaintiff, Stephen Wartalski, in his negligence claim. O... More...   $0 (07-28-2008 - IL)

Carla M. Clark, et al. v. Optical Coating Laboratory, Inc., et al.

This toxic tort lawsuit by 32 plaintiffs went to a jury trial against defendants the State of California (the State), Southern Pacific Transportation Company (Union Pacific), and Optical Coating Laboratory, Inc. (OCLI). The trial was marked by repeated objections, sustained by the court, that plaintiffs’ attorneys were violating its in limine orders. Ultimately, after warning the attorneys that ... More...   $0 (07-27-2008 - CA)

Golden Gate Water Ski Club v. County of Contra Costa, et al.

Golden Gate Water Ski Club (the Club), a private nonprofit organization dedicated to the recreational sport of water skiing, appeals from an order denying its petition for writ of mandate and from a judgment dismissing its complaint. The trial court’s rulings leave in place an order by the Contra Costa County Board of Supervisors (the Board) ordering destruction and removal of all the dwelling u... More...   $0 (07-27-2008 - CA)

Insurance Corporation of Hannover v. Judy Polk and Marcia Moore

Judy Polk and Marcia Moore sued Insurance Corporation of Hannover alleging breach of an insurance policy, breach of the duty of good faith and fair dealing, and violations of the Texas Insurance Code.[1] Following a bench trial, the trial court entered a judgment in favor of Polk and Moore on their claims. The trial court awarded Polk and Moore actual damages in the amount of

$40,000 an... More...
   $0 (07-26-2008 - TX)

Susan Gail Messina v. Louis Anthony Messina

Appellant, Susan Messina, sued her ex-husband, Louis Messina, to recover assets that he allegedly failed to disclose during their 1999 divorce proceeding. The trial court granted Louis’s motion to dismiss the suit with prejudice and ordered Susan to pay Louis’s attorney’s fees. On appeal, Susan contends that the trial court abused its discretion in: (1) dismissing the suit with prejudice a... More...   $0 (07-25-2008 - TX)

Travelers Casualty & Surety Company v. James A. Bowman, et al.

Plaintiff, Travelers Casualty & Surety Company, filed suit against defendants, James A. and Barbara B. Bowman, for breach of a written indemnity agreement relating to performance bonds. The circuit court of Kane County granted the Bowmans’ motion to dismiss, finding the cause of action time-barred by the four-year statute of limitations in section 13–214(a) of the Code of Civil Procedure (Code... More...   $0 (07-24-2008 - IL)

Herminia Baldonado, et al. v. The Way of Salvation Church, et al.

On December 26, 2003, Appellants, "in their capacity as members of [the Church]," filed an Amended Verified Complaint. (2) Appellants alleged that the Church was a non-profit corporation (3) that had been granted a Charter of Incorporation on or about November 12, 1957 and had filed its By-Laws on May 15, 1958. They further alleged that the charter had been granted to the Church on the conditions ... More...   $0 (07-24-2008 - HI)

Dennis Werbowski and Susan Werbowski v. Red Shield Insurance Company

In this breach of contract action under an insurance policy, the trial court entered a general judgment in favor of defendant, and also awarded defendant attorney fees under ORS 36.425(4). Plaintiffs appeal, challenging only the award of attorney fees, and we affirm.

The facts are not disputed. Plaintiffs' breach of contract claim was referred to court-annexed arbitration. ORS 36.400 to 3... More...
   $0 (07-24-2008 - OR)

Brinker Restaurant Corporation,e t al. v. The Superior Court of San Diego County and Adam Hohnbaum, et al.

In this action involving alleged violations of laws governing rest and meal breaks, we are presented with the following question: Did the trial court err in certifying this matter as a class action without first determining the elements of plaintiffs and real parties in interest Adam Hohnbaum, Illya Haase, Romeo Osorio, Amanda June Rader and Santana Alvarado's (collectively plaintiffs) claims agai... More...   $0 (07-23-2008 - CA)

Jose Pincheira, et aux v. Allstate Insurance Company

{1} On motion for rehearing, the opinion filed June 20, 2008 is withdrawn, and the following opinion is substituted in its place. The motion for rehearing is otherwise denied.

{2} Over seven years ago, Jose and Olivia Pincheira (Plaintiffs) filed a complaint against Allstate Insurance Co. (Defendant) alleging bad faith, fraud, unfair trade practices, and other claims. The... More...
   $0 (07-22-2008 - NM)

Jose Pincheira and Olivia Pincheira v. Allstate Insurance Company

{1} On motion for rehearing, the opinion filed June 20, 2008 is withdrawn, and the following opinion is substituted in its place. The motion for rehearing is otherwise denied.

{2} Over seven years ago, Jose and Olivia Pincheira (Plaintiffs) filed a complaint against Allstate Insurance Co. (Defendant) alleging bad faith, fraud, unfair trade practices, and other claims.... More...
   $0 (07-22-2008 - NM)

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)

Gary Treadway, etc. v. Nations Credit Financial Services Corporation, d/b/a EquiCredit

The plaintiff, Gary Treadway, the special representative of the estate of Juanita Treadway, deceased, individually and on behalf of others similarly situated, appeals the order of the circuit court of Madison County that dismissed his class action complaint against the defendant, Nations Credit Financial Services Corp., doing business as EquiCredit (EquiCredit). The plaintiff raises the following ... More...   $0 (07-21-2008 - IL)

Michaelle Simmons, as Personal Representative, etc., et al. v. Lida Ghaderi

Evidence Code section 1115 et seq.1 sets forth an extensive statutory scheme protecting the confidentiality of mediation proceedings, with narrowly delineated exceptions. In this breach of contract action arising from a medical malpractice suit, plaintiffs sought to enforce an oral settlement agreement allegedly formed during mediation. During pretrial proceedings, the doctor stipulated to, and su... More...   $0 (07-21-2008 - CA)

Paul D. Harper, et al. v. City of Los Angeles, et al.

This case arises from the Los Angeles Police Department’s (“LAPD”) investigation and prosecution of three former police officers, Paul Harper, Brian Liddy, and Edward Ortiz.

These officers were implicated in wrongdoing by former LAPD officer Rafael Perez in an event that came to be known as the “Rampart Scandal”—an event that, based on Perez’s own unlawful conduct and his alle... More...
   $0 (07-21-2008 - CA)

Sherry Amundsen v. Kristin Jones

Deputy Kristin Jones appeals the district court’s partial denial of her motion for summary judgment based on qualified immunity. Jones stopped Plaintiff Sherry Amundsen after observing her improperly change lanes and weave between lanes. During the course of the stop, Jones administered roadside sobriety tests and ultimately arrested Amundsen for driving under the influence. Amundsen later submi... More...   $0 (07-21-2008 - UT)

Siena Court Homeowners Association v. Green Valley Corporation, et al.

Respondent Siena Court Homeowners Association (Siena Court) filed a construction defect action against respondents Green Valley Corporation, et al. (Green Valley). Green Valley was the developer of the Siena Court condominium complex. Appellant University Gardens Condominium Owners Association (University Gardens) sought to intervene in the construction defect action on the ground that it had an i... More...   $0 (07-18-2008 - CA)

Aureen Berry v. Chade Fashions, Inc.

The plaintiff, Aureen Berry, filed a complaint in the circuit court of Cook County against the defendant, Chade Fashions, Inc. (Chade Fashions), for breach of contract and violation of the Illinois Right of Publicity Act (765 ILCS 1075/30 (West 2000)) (the Act). The trial court entered a partial summary judgment for the plaintiff as to liability under the Act. The issues of damages and breach of c... More...   $0 (07-18-2008 - IL)

Randy Geisler, Michael Van Winkle and Stacey M. Curtis v. The City of Wood River, Illinois, and Wood River Partners, LLC

The plaintiffs, Randy Geisler, Michael Van Winkle, and Stacey M. Curtis, appeal the order of the circuit court of Madison County that entered a judgment in favor of the defendants, the City of Wood River, Illinois (the City), and Wood River Partners, LLC (the developer), on the plaintiffs' second amended complaint (the complaint). The plaintiffs raise numerous issues on appeal, which we restate as... More...   $0 (07-18-2008 - IL)

Stephen T. Malec v. The City of Belleville, Illinois, Green Mount Development, LLC and GMCR, LLC

The plaintiff, Stephen T. Malec, appeals the order of the circuit court that granted the motion for a judgment on the pleadings filed by the defendants, the City of Belleville (the City) and Green Mount Development, LLC, and GMCR, LLC (the Developers), and dismissed the plaintiff's first amended complaint. On appeal, we are called upon to decide whether a citizen and taxpayer of the City has stand... More...   $0 (07-18-2008 - IL)

Arbogast Family Trust v. River Crossings, Ltd.

¶1 River Crossings, LLC (River Crossings) appeals the trial court's denial of its rule 60(b) motion to set aside a default judgment. See Utah R. Civ. P. 60(b). We affirm.


¶2 Arbogast Family Trust (Arbogast) provided River Crossings a $2,450,000 loan. The loan was to be repaid with interest by September 16, 2005. If repayment was more than five days late, the loan agreeme... More...
   $0 (07-17-2008 - UT)

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