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Civil Procedure Law
Cleste Moss, an heir of Bradley A. Rone v. Pete Suazo Athletic Commission, et al.

1 Bradley Rone died during a boxing match. His sister and heir, Celeste Moss, seeks to recover damages from the Pete Suazo Utah Athletic Commission (the "Athletic Commission") for allowing Rone to fight. The question before us is whether the Athletic Commission is immune from such a suit under the Utah Governmental Immunity Act (the "Act"), Utah Code Ann. §§ 63-30-1 to -38 (1997) (repea... More...   $0 (12-21-2007 - UT)

Chris Stemple and Donna Stemple v. Charles Pickerill, et al.

This case involves the aftermath of a mandatory arbitration decision in favor of the plaintiffs. The defendants filed a rejection of the arbitration award, but several months later changed their minds and sought to withdraw their rejection. The trial court allowed the withdrawal and barred the plaintiffs from filing their own rejection of the arbitration award. The plaintiffs appealed. We ... More...   $0 (12-21-2007 - IL)

Pooh-Bah Enterprises, Inc. d/b/a Crazy Horse Too v. The County of Cook, et al.

Plaintiff Pooh-Bah Enterprises, Inc., appeals the orders that granted the motions to dismiss filed by defendants the County of Cook and the director of its department of revenue (the County), and the City of Chicago (the City). Plaintiff's dismissed action sought declaratory and injunctive relief against defendants, challenging the constitutionality of their amusement tax exemptions for s... More...   $0 (12-21-2007 - IL)

Oscar Bell, et al. v. The Superior Court of Los Angeles County (H.F. Cox, Inc.)

Four employees of a petroleum transportation company sought to bring a wage and hour class action against their employer, alleging: (1) the failure to pay overtime; (2) the requirement of off-the-clock work; (3) the failure to provide meal and rest breaks; (4) the incorrect calculation of vacation pay; and (5) the failure to pay pro rata vacation pay upon termination of employment. The pl... More...   $0 (12-21-2007 - CA)

Stafford-Smith, Inc. v. Intercontinental River East, LLC

Plaintiff Stafford-Smith, Inc., appeals from the order of the circuit court granting defendant Intercontinental River East, LLC's (IRE's) motion to dismiss count I of Stafford- Smith's complaint to foreclose a mechanic's lien against property now owned by IRE. On appeal, Stafford-Smith contends that the trial court erred in dismissing its complaint against IRE because IRE is an "owner" an... More...   $0 (12-19-2007 - IL)

Mary Hutton Snyder, et al. v. Superior Cour of the State of California for the County of Los Angeles (Caterpillar, Inc., et al.)

The trial court dismissed without prejudice the wrongful death action filed by petitioners (the Snyders).1 It did so because they failed to comply with Los Angeles Superior Court Second Amended General Order 29 (General Order 29) by identifying witnesses or documents connecting the real party in interest Caterpillar, Inc. (Caterpillar) to the asbestos-related death of Gail Richard Snyder,... More...   $0 (12-19-2007 - CA)

Bills Signs Trucking, LLC, et al. v. Signs Family Limited Partnership, et al.

We hold in this case that a tenant's preemptive purchase rights under a commercial lease are not triggered by the conveyance of an interest in the property between copartners in a family limited partnership that owns the property and is the landlord. We affirm the judgment for the defendants.


William Signs, Jr., owned Bill Signs Trucking, Inc.,... More...   $0 (12-19-2007 - CA)

PAE Government Services, Inc. v. MPRI, Inc.

PAE Government Services, Inc. and MPRI, Inc. sell services to government agencies. The companies agreed to work together to submit a bid for a government contract, and signed a "Teaming Agreement" that divided duties between them. MPRI submitted the bid as "prime contractor" and won. MPRI thereafter refused to subcontract to PAE all the work specified in the Teaming Agreement - or so PA... More...   $0 (12-19-2007 - CA)

Charles Baker v. Lanier Marien Liquidators, Inc.

Lanier Marine Liquidators, Inc. ("defendant") appeals from an order of the Carteret County Superior Court. We affirm the trial court's denial of defendant's motion to dismiss for lack of personal jurisdiction, and we dismiss, as interlocutory, the trial court's denial of the motion to dismiss for failure to state a claim upon which relief can be granted.

Defendant is a Georgia merch... More...   $0 (12-18-2007 - NC)

Kenneth W. Turner v. Iowa State Bank & Trust Company of Fairfield, Iowa and Earl Wallace Dick

In this appeal we must decide whether the district court erred when it sustained a motion to dismiss. Our court of appeals reversed the district court's ruling, and on further review we agree the district court improperly sustained the motion to dismiss. Accordingly, we affirm the decision of the court of appeals, reverse the judgment of the district court, and remand the case for furthe... More...   $0 (12-18-2007 - IA)

James D. Griffith, et al. v. Wilmette Harbor Association, Inc., et al.

This case involves a dispute between the Wilmette Harbor Association, its directors, some of its members, its attorney, and a membership applicant. The association manages the distribution of boat slips in the Wilmette harbor for the mooring of boats or vessels. To gain membership to the association, one must apply to the association by annually submitting a signed application and a corre... More...   $0 (12-17-2007 - IL)

Douglas Campbell, et al. v. PMI Food Equipment Group, Inc., et al.

PMI Food Equipment Group, Inc. closed its plant in Dayton, Ohio in 1995 and moved the operation to Piqua, Ohio after signing a tax-abatement agreement with the City of Piqua, Miami County, and the state of Ohio that resulted in favorable tax treatment for 10 years. In the process of closing its Dayton plant, PMI terminated all of the 66 hourly employees who worked there. The hourly workers ... More...   $0 (12-16-2007 - OH)

Kathleen Pfahler, et al. v. National Latex Products Company, et al.

Plaintiffs are former employees of the National Latex Products Company ("NLP") and former participants in and beneficiaries of the National Latex Products Company Employee Welfare Benefit Plan ("Plan"). They brought suit under § 502(a)(2) and § 502(a)(3) of the Employee Retirement Income Security Act ("ERISA") against several parties after those parties allegedly breached fiduciary duties t... More...   $0 (12-16-2007 - OH)

E. Dean Landers and Margaret landers v. State Farm Lloyds

In this insurance coverage case, the trial court granted State Farm Lloyds's ("State Farm") motion to exclude E. Dean and Margaret F. Landers' ("the Landerses") experts and then granted State Farm's no-evidence motions for summary judgment. On appeal, the Landerses contend that the trial court erred (1) in granting the motions for summary judgment because there are genuine issues of material fa... More...   $0 (12-14-2007 - TX)

Greensleeves, Inc. v. Philip B. Smiley, Sr., et al.

Justice Robinson for the Court. The plaintiff, Greensleeves, Inc., appeals to this Court from the entry of judgment in favor of the defendant, Eugene W. Friedrich.1 This case came before the Court for oral argument on October 1, 2007, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering ... More...   $0 (12-13-2007 - RI)

Maverick Musser, etc. v. Daniel A. Roby; David J. Stach; and Roby & Hood Law Firm

Maverick Musser, by his parents and next friends, Mischelle and Michael Musser (the Mussers), filed a legal malpractice action against Daniel A. Roby, David J. Stach, and Roby & Hood Law Firm (collectively referred to as the Law Firm). The Mussers based their claim, in relevant part, upon the Law Firm's failure to properly disclose expert medical witnesses in a federal malpractice suit, which... More...   $0 (12-13-2007 - IN)

Linda Case, et al. v. Galesburg Cottage Hospital, et al.

At issue in this case is whether a circuit court should include the time that elapses between a voluntary dismissal of a complaint pursuant to section 2–1009 of the Code of Civil Procedure (Code) (735 ILCS 5/2–1009 (West 2006)) and its refiling under section 13–217 of the Code (735 ILCS 5/13–217 (West 1994)) when ruling on a motion to dismiss a case for violating Supreme Court Rule 103(... More...   $0 (12-13-2007 - IL)

Paul F. Nardone, et al. v. Natale Ritacco, et al.

This matter comes to us on the appeal of the defendants, Natale Ritacco, Pasquale Ritacco, Frank Scavello, Salvatore Scavello, Louis Scavello, Josepha Ritacco, Domenic Capizzano, and Rose Capizzano (collectively defendants), from a Superior Court judgment in favor of the plaintiffs, Paul F. Nardone and Betty Jo Nardone (collectively plaintiffs). This case came before the Supreme Court for o... More...   $0 (12-13-2007 - RI)

Dannis Angell v. The Union Fire Department of South Kingstown, et al.

In this negligence action, the plaintiff, Dennis Angell (plaintiff), appeals an order granting a motion for summary judgment filed by the defendants, The Union Fire District of South Kingstown (Fire District) and Peter Holland (collectively defendants). This case came before the Supreme Court for oral argument on October 30, 2007, pursuant to an order directing the parties to appear and sho... More...   $0 (12-13-2007 - RI)

Joseph V. Curran v. Frank G. Cousins, Jr., et al.

Joseph V. Curran sued the Essex County Sheriff's Department, the Sheriff, and others, asserting they terminated his employment as a correctional officer in retaliation for his speech, in violation of the First Amendment and the Massachusetts Declaration of Rights. The district court found that the public interest in the employee's speech was outweighed by the danger the speech would cause to th... More...   $0 (12-12-2007 - MA)

Securities and Exchange Commission v. Internet Solutions for Business Inc. and Lawrence Shaw

The Securities and Exchange Commission (SEC or Commission) filed a civil enforcement action against Lawrence Shaw. The SEC asserts it served Shaw through a British pro-

cess server, who found and served Shaw with a copy of the SEC complaint at Shaw's foreign business address in England. Shaw failed to appear, and the district court entered final judgment against him. More than thre... More...   $0 (12-11-2007 - NV)


In the early part of this decade, Intel Corporation (Intel) engaged in a massive worldwide advertising campaign touting the high performance of its "Pentium 4" microprocessor. The alleged disappointment of a nationwide group of purchasers led to this class action filed in Madison County, Illinois, by named plaintiffs from Illinois and Missouri against Intel, a Delaware corporation with i... More...   $0 (12-11-2007 - IL)

Richard J. Perrillo v. Picco & Presley, et al.

Employees who are injured in the course of employment are typically barred by the exclusive remedy doctrine from suing their employer for the injury and are limited to workers' compensation. (Lab. Code, §§ 3600, subd. (a), 3602; section references are to the Labor Code unless otherwise indicated.) The employees may, however, bring a civil suit against any person other than their employer ... More...   $0 (12-09-2007 - CA)

Helen F. Pittman v. State of Oregon, et al.

Helen Pittman appeals from dismissal of an employment discrimination claim brought under § 1981 against the Employment Department of the State of Oregon. The district court dismissed the § 1981 action, holding that the statute does not provide a cause of action against states. We affirm.


On March 30, 2005, plaintiff Helen Pittman, an African- American woman, filed a com... More...   $0 (12-09-2007 - OR)

The Rattlesnake Coalition v. U.S. Environmental Protection Agency, et al.

The Rattlesnake Coalition ("The Coalition") appeals the district court's dismissal for lack of subject matter jurisdiction and lack of standing of its action against the United States Environmental Protection Agency ("the EPA"), the Administrator of the EPA, and the City of Missoula ("Missoula"). The Coalition brought suit under the National Environmental Policy Act ("NEPA"), 42 U.S.C. ... More...   $0 (12-09-2007 - MT)

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