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Civil Procedure Law
 
Polar Bear Productions, Inc. v. Timex Corporation, et al.

This intellectual property case pits the sport of extreme kayaking against the iconic American timepiece, Timex. In an effort to update its image, Timex Corporation ("Timex") arranged with Polar Bear Productions ("Polar Bear") to produce film footage featuring some of the stars of whitewater kayaking, paddling through exotic locales in North and South America and using equipment bearing... More...   $115000 (10-28-2004 - MT)

Emma Mary Ellen Holley, et al. v. Grove S. Crank, Sr., et al.

In Meyer v. Holley, 537 U.S. 280 (2003), the Supreme Court vacated this Court's opinion in Holley v. Meyer, 258 F.3d 1127 (9th Cir. 2001) and remanded for further proceedings. In revisiting this case, we address two distinct questions which the Supreme Court has left for us to decide. First, whether as the designated officer/broker of Triad, Inc., David Meyer can be held personally liab... More...   $0 (10-28-2004 - CA)

First Union National Bank v. Stephen Paul Brown and Global Support Services, Inc.

This appeal arises out of a loan by First Union National Bank ("First Union") to defendant Stephen Paul Brown in the amount of $250,000. In his capacity as President of Global Support Services, Inc. ("Global"), Brown purported to sign a guaranty of this personal loan by Global. When Brown defaulted on the loan, First Union sued Global to enforce the guaranty. Global, contending that Brown lacke... More...   $0 (10-27-2004 - NC)

Sagi Plumbing v. Chartered Construction Corporation

Appellant Sagi Plumbing is a plumbing contractor. Respondent Chartered Construction Corporation is a general contractor. Respondent hired appellant to work as a subcontractor on several projects. Appellant filed suit against respondent for breach of contract based on respondent's failure to pay on three unrelated projects. The parties agreed to bifurcate the action and to try first the c... More...   $0 (10-26-2004 - CA)

Ayleen Gibbo v. Janice Berger

Ayleen Gibbo, plaintiff and appellant (hereafter Gibbo) appeals from the judgment entered against her and in favor of defendant and respondent, Janice Berger (hereafter Berger) on Gibbo's complaint to quiet title to certain real property located in Murrieta.

2

Gibbo alleged in her complaint that in March 1992 she and her husband, Dick, borrowed $15,000 from defendant's father, Haro... More...   $0 (10-26-2004 - CA)

JAMES H. CANEL, Appellee, v. JUDY BAAR TOPINKA et al., Appellants.

In this appeal, defendants argue that, pursuant to section 15 of the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025/15 (West 1998)), the state is entitled to retain dividends issued on shares of stock which were presumed abandoned and delivered to the state. Plaintiff argues the dividends are private property which must be returned to the property owner along with the shares of ... More...   $0 (10-20-2004 - IL)

Cooper Tire & Rubber Company v. Oscar Mendez, Jr., et al.

This manufacturing defect case arises from a tragic single-vehicle accident, which resulted in the deaths of four occupants and serious injuries to three other occupants. Appellees, the surviving driver and occupants and estate administrators of the decedents (collectively, "the Plaintiffs") sued Appellant Cooper Tire & Rubber Company ("Cooper Tire"), asserting that a tire on the vehicle faile... More...   $11508080 (10-14-2004 - TX)

Christina Lara v. Gabriel Vasquez and AIU Insurance Company

Christina Lara appeals the trial court's award of attorney fees to AIU Insurance Company (AIU), pursuant to the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq. We reverse in part, dismiss in part, and remand with directions.

In January 2000, Lara was involved in a three-vehicle accident with Gabriel Vasquez. Vasquez was arrested for driving while under the influence of a... More...   $0 (10-12-2004 - KS)

Allstate Insurance Company v. Brian E. Ponce

The defendant-appellant Alberto A.F. Silva appeals from (1) the findings of fact (FOFs) and conclusions of law (COLs), entered August 29, 2000, and (2) the judgment, entered September 26, 2000, of the circuit court of the third circuit, the Honorable Greg K. Nakamura presiding. On appeal, Silva argues that the circuit court erred in granting declaratory judgment in favor of the plaintiff-appell... More...   $0 (10-12-2004 - HI)

JAMES H. CANEL, Appellee, v. JUDY BAAR TOPINKA et al., Appellants.

In this appeal, defendants argue that, pursuant to section 15 of the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025/15 (West 1998)), the state is entitled to retain dividends issued on shares of stock which were presumed abandoned and delivered to the state. Plaintiff argues the dividends are private property which must be returned to the property owner along with the shares of s... More...   $0 (10-12-2004 - IL)

Eileen Quacchia v. DaimlerChrysler Corporation

Certain vehicles manufactured by defendant DaimlerChrysler Corporation (DCC) contain a seat belt buckle known as the "Gen-III" buckle. Plaintiff, the owner of a Dodge Caravan equipped with Gen-III buckles, brought this action, alleging the Gen-III buckles were subject to accidental release at any time, especially in the event of a collision, because the release button sticks out above the... More...   $0 (10-11-2004 - CA)

Providence Health Plan v. Gary McDowell and Roselea McDowell

These appeals concern two actions by Providence Health Plan to recover benefits paid to its insureds, the McDowells. The first action, "McDowell I," was for breach of contract and was filed in state court. McDowell I was removed to federal court and dismissed as completely preempted under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq. The second... More...   $0 (10-07-2004 - OR)

David Genzler v. Peter J. Longanbach, et al.

Plaintiff David Genzler seeks damages under 42 U.S.C. § 1983 for violations of his constitutional rights during the investigation and prosecution of his state criminal homicide trial. Defendants San Diego County Deputy District Attorney Peter Longanbach and Investigator Jeffrey O'Brien appeal from the partial denial of their motions for summary judgment based on absolute official immuni... More...   $0 (09-28-2004 - CA)

Mark Hurwitz v. City of Orange

This is a textbook example of a party trying to take advantage of its own wrong. In this case the opportunistic party is the City of Orange. The wrong is that the city violated a preliminary injunction not to build in a certain area or otherwise interfere with existing parking access enjoyed by a property owner. We will repeat the essence of

2 that statement just in case any reader mi... More...   $150000 (09-28-2004 - CA)

State of Texas v. Cyco.Net, Inc.

AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION

On this date, came on for hearing the above-entitled and numbered cause in which the STATE OF TEXAS (hereinafter "State"), acting by and through Attorney General of Texas, GREG ABBOTT, is Plaintiff, and CYCO.NET, INC., acting by and through its attorney of record, is Defendant. Through their respective attorneys of record, Plaintiff and Defe... More...   $3000 (09-24-2004 - TX)

Jeb Bush v. Michael Shiavo

The narrow issue in this case requires this Court to decide the constitutionality of a law passed by the Legislature that directly affected Theresa Schiavo, who has been in a persistent vegetative state since 1990.1 This Court, after careful consideration of the arguments of the parties and amici, the constitutional issues raised, the precise wording of the challenged law, and the underlyi... More...   $0 (09-23-2004 - FL)

Jennifer Radil v. Sanborn Western Camps, Inc.

Plaintiff-appellant Jennifer Radil was seriously injured in an automobile accident during an outing with her coworkers. She applied for and was denied Colorado workers' compensation benefits. She then filed this respondeat superior diversity suit against her employer under 28 U.S.C. § 1332 (2000). The district court dismissed her suit for lack of subject matter jurisdiction under Federal Rule... More...   $0 (09-22-2004 - CO)

Carol A. Schramer v. Tiger Athletic Association of Aurora

Plaintiff, Carol A. Schramer, appeals from an order of the circuit court of Kane County dismissing her complaint against defendant, Tiger Athletic Association of Aurora, for recovery of her husband's hospital, medical, and funeral expenses pursuant to section 6--21 of the Liquor Control Act of 1934 (235 ILCS 5/6--21 (West 2000)), popularly known as the Dramshop Act. At issue is whether the Dra... More...   $0 (09-15-2004 - IL)

Patrick Wernimont v. William Joe Wernimont

In this personal injury action, Patrick Wernimont sued his father, William Wernimont, for injuries arising out of the use of a skid loader that William owned. Patrick alleged that as his employer, William owed him a duty to provide reasonably safe machinery and a reasonably safe place to work. Patrick also alleged William failed to warn him of the danger the skid loader presented under the ... More...   $0 (09-15-2004 - IA)

Dottie Goldstein, et al. v. Ralphs Grocery Company

Defendant, Ralphs Grocery Company, purports to appeal from the denial of its special motion to strike the complaints of various plaintiffs in a class action.

The special motion to strike was denied pursuant to both Code of Civil Procedure sections 425.16 and 425.17.1 Plaintiffs have moved to dismiss the appeal based on the language in section 425.17, subdivision (e). We agree with plai... More...   $0 (09-14-2004 - CA)

Raymond Conness v. Usha Satram

Pursuant to the Domestic Violence Prevention Act (DVPA) (Fam. Code,1 § 6200 et seq.), a court may issue a protective order to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved. (§§ 6220, 6300.) California law regulates the issuance of mutual restraining orders under the DVPA by subjecting them to a... More...   $0 (09-14-2004 - CA)

June F. Shore, et al. v. Deborah L. Gurnett

The United States Supreme Court has relied on the federal due process clause to constitutionalize the law of punitive damages. (State Farm Mut. Automobile Ins. Co. v. Campbell (2003) 538 U.S. 408 (Campbell); BMW of North America, Inc. v. Gore (1996) 517 U.S. 559 (Gore).) Campbell and Gore not only prescribe procedural limitations on such awards but, substantively, forbid awards that are g... More...   $7500000 (09-14-2004 - CA)

Alexander; Arnold; Bates, et al v. The State of Oklahoma; The City of Tulsa; The Chief of Police of the City of Tulsa, et al.

On May 31, 1921, and following into the next day, violent attacks destroyed the African-American community of Greenwood, Oklahoma. An angry white mob converged on Greenwood in a devastating assault, burning homes and businesses, killing up to three hundred people, and leaving thousands homeless. In February 2003, Plaintiffs-Appellants, all Riot survivors or descendants of survivors, filed sui... More...   $0 (09-08-2004 - OK)

John Leinhart and Bradley University v. Jayme Jurkovich

Plaintiff, Jayme Jurkovich, a college student at Bradley University in Illinois, sued the University and the driver of its van, for injuries sustained in an automobile accident that occurred while plaintiff was in Fort Lauderdale with the University swim team. She recovered a substantial judgment, and the University appeals. We address two claims. First, the University contends that the... More...   $348000 (09-04-2004 - FL)

Katherine Swartsel v. Publix Super Markets, Inc.

We have an appeal in a malicious prosecution action from a summary judgment entered against plaintiff on the grounds that she failed to show that the underlying criminal case resulted in a bona fide termination in her favor. Defendant, in turn, appeals the denial of its claim for attorneys fees and costs. We affirm on both appeals and write briefly to explain our reasoning.

The underl... More...   $0 (09-04-2004 - FL)

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