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Civil Procedure Law
Mark Robinson v. Mount Logan Clinic, LLC

1 In this case we are called upon to decide whether section 78-14a-102(1) of the Utah Code1 shields from liability a therapist who erroneously informs a police officer that a client is not armed when the client is in fact armed. That section provides as follows: "A therapist has no duty to warn or take precautions to provide protection from any violent behavior of his client or patient, exce... More...   $0 (03-12-2008 - UT)

United States of America ex rel. Morris Todd v. Interwest Construction Co., Inc.

Morris Told filed this qui tam action, as a relator, against Interwest Construction Co., Inc. ("Interwest"), alleging: (1) violations of the False Claims Act ("FCA"), see 31 U.S.C. §§ 3729(a) & 3730(b),(h); and (2) acts of common law fraud and unjust enrichment under Utah law. The district court found that all of Told's claims were time barred under the applicable statutes of limitations, and ... More...   $0 (03-12-2008 - UT)

D. Jere' Webb v. Victoria Gittlen, et al.

1 Under Arizona law, an insurance agent's clients may assert claims for professional negligence against the agent. We hold that clients may assign such claims to third parties.


2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability policy from Victoria Gittlen, a licensed insurance agent... More...   $0 (03-12-2008 - AZ)

Daniel Villanueva v. City of Colton

Daniel Villanueva was employed by the City of Colton (the City) as a Lead Operator in its Wastewater Division. After being demoted to Operator II, he sued the City under the Fair Employment and Housing Act (FEHA) (Gov. Code,1 §§ 12940 et seq.), alleging discriminatory and retaliatory employment practices. The City filed a motion for summary judgment, which was granted, as was its motion for at... More...   $0 (03-11-2008 - CA)

Roy Dearmore v. City of Garland

Defendant-Appellant City of Garland ("the City") appeals from the district court's order awarding attorney's fees to Plaintiffs-Appellees Roy Dearmore, A.C. Blair, and Marie Combs (collectively "Dearmore"), under 42 U.S.C. § 1988(b). This statute authorizes an award of attorney's fees to a "prevailing party" in an action to enforce the provisions of certain federal statutes, including 42 U.S.C... More...   $0 (03-10-2008 - TX)

Kerri L. Colby v. Umbrella, Inc., et al.

1. In this suit for wrongful termination, plaintiff Kerri Colby appeals the superior court order denying her motion to amend the complaint and dismissing her claims against defendant State of Vermont. We reverse and remand.

2. Defendant Umbrella, Inc. is a Vermont corporation that provides support services to domestic violence victims and operates a state-sponsored chil... More...   $0 (03-07-2008 - VT)

Sheri L. Kendall v. Visa U.S.A., Inc., et al.

This case concerns the pleading requirements to state a claim for antitrust violations under Section 1 of the Sherman Act following the Supreme Court's recent pronouncement in Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-66 (May 21, 2007).

Appellants are a group of businesses who offer their customers the convenience of paying with a credit card, at a cost to the business. App... More...   $0 (03-07-2008 - CA)

John Edwards Grubbs v. Frederick A. Hindes and Pamela M. Cornwell-Hindes

Appellant John Edward Grubbs appeals the November 28, 2006 order of the Sebastian County Circuit Court granting appellees Frederick A. Hindes and Pamela M. Cornwell- Hindes a new trial. Appellant contends that appellees failed to properly object to the jury interrogatories and, thus, are not entitled to receive a new trial. Also, he claims that the appellees failed to establish that they did n... More...   $0 (03-05-2008 - AR)

Sanctuary House, Inc. v. Garrison Krause; Silvia Jimenez Krause and Rancho Pacifico, S.A.

This original proceeding arises out of Plaintiff Sanctuary House, Inc.' s claims that Defendants Garrison Krause, Silvia Jimenez Krause, and Rancho Pacifico, S.A. failed to convey to it real estate located in Costa Rica as required by the parties' purchase agreement. Sanctuary House brought suit against Defendants in Chaffee County District Court seeking rescission of the parties' contract, damage... More...   $0 (03-05-2008 - CO)

Executive Air Taxi v. City of Bismarck

Executive Air Taxi Corporation ("EATC") appeals an adverse grant of summary judgment on its equal protection and substantive due process claims related to its activities at the Bismarck Municipal Airport ("BMA"). It also appeals certain discovery rulings. The City of Bismarck ("the City") and Cook Leasing, Inc., ("Cook") cross-appeal adverse summary judgment rulings on a contract claim and a ... More...   $0 (03-04-2008 - ND)

Robert O. Chavez v. Transload Services, LLC, et al.

This appeal arises from an order of the circuit court of Cook County which granted defendant's motion to dismiss the complaint pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2004)).1

Plaintiff, Roberto Chavez, was employed by Tandem Staffing Solutions (Tandem), a temporary employment agency. He was hired as a temporary laborer by defendant Transload Serv... More...   $0 (03-04-2008 - IL)

Andrew Jones v. DHR Cambridge Homes, Inc.

The plaintiff, Andrew Jones, filed a complaint against the defendant, DHR Cambridge Homes, Inc. (Cambridge), seeking damages for personal injuries he sustained while working on a construction site. Cambridge filed a third-party complaint against the plaintiff's employer, Residential Carpentry, Inc. (RCI), seeking contribution pursuant to the Joint Tortfeasor Contribution Act (740 ILCS 100/1 ... More...   $0 (03-04-2008 - IL)

Garry N. Holdgrafer, et al. v. Unocal Corp., et al.

In deciding whether a punitive damages award violates the constitutional prohibition of arbitrary or grossly excessive punishment, the most important factor to be considered is the reprehensibility of the defendant's conduct.1 The United States Supreme Court has instructed courts undertaking this inquiry that "[a] defendant's dissimilar acts, independent from the acts upon which liability was ... More...   $0 (03-04-2008 - CA)

Advantage Medical Services, LLC, et al. v. Deborah Hoffman, et al.

Advantage Medical Services, LLC (AMS), Glenn Weissman, Elliot Lander, and Scott Yun's (collectively plaintiffs) and Deborah Hoffman and Detech Medical Project Management, LLC's (collectively defendants) claims against each other were referred to binding arbitration through the American Arbitration Association (AAA) and a hearing was held. The arbitrator issued an interim award in favor of plai... More...   $0 (03-04-2008 - CA)

Nicor Gas Company v. The Willage of Wilmette

Plaintiff Nicor Gas Company appeals from the dismissal with prejudice, pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2006)), of its second amended complaint in its action for negligence against defendant Village of Wilmette (Village). The Village has filed a cross-appeal from the denial of its motion to dismiss pursuant to section 2-619 of the Code (73... More...   $0 (02-29-2008 - IL)

Heritage Marketing and Insurance Services, Inc. v. Anjanette Chrustawka, et al.

Defendants Bradley J. Chrustawka, Anjanette Chrustawka, nee Price (Price), and Katherine M. Matonic obtained summary adjudication of five causes of action on the grounds they were barred by the applicable statute of limitations and were not tolled by Code of Civil Procedure section 351 (section 351). Because those were the only causes of action alleged against the latter two, the trial court e... More...   $0 (02-29-2008 - CA)

Margaret A. Mullins v. Alice Oates

On November 17, 1997, Margret Mullins contracted with Alice Oates to buy three lots of real property located in Tok.1 The initial contract for sale provided that the purchase price for these properties was $170,000; the down payment was $5,000; the monthly payment was $600; interest on the principal would accrue at a rate of $6,000 per year or five percent, "whichever is less"; Mullins would m... More...   $0 (02-29-2008 - AK)

Sherril Kalman v. Pasoc-Hernando Surgical Associates, P.L.

The trial court vacated a judgment that had been entered in favor of Sherril Kalman, individually, and as Personal Representative of the Estate of Edward Kalman, deceased, and against Pasco-Hernando Surgical Associates, P.L. (PHSA), in the amount of $644,359.72. The judgment was entered after PHSA failed to file a motion for trial in accordance with Florida Rule of Civil Procedure 1.820(h) wit... More...   $0 (02-29-2008 - FL)

Carl Olson, et al. v. Automobile Club of Southern California

Plaintiffs Carl Olson and Mark Seidenberg sued defendant Automobile Club of Southern California (Automobile Club), a nonprofit mutual benefit corporation, primarily seeking various reforms to the Automobile Club's procedures for electing its board of directors. Plaintiffs retained three experts to prove certain aspects of their case in a trial that lasted 24 days and included almost 1,000 exh... More...   $0 (02-29-2008 - CA)

Jakks Pacific, Inc. v. THQ, Inc.

In a contractual arbitration, a neutral arbitrator must disclose "all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial[.]" (Code Civ. Proc., § 1281.9, subd. (a).)1 In this writ proceeding arising out of a petition to compel the appointment of a neutral arbitrator, the issue is whether the req... More...   $0 (02-29-2008 - CA)

City of Fremont v. George W. Fisher, et al.

The City of Fremont (Fremont) filed a complaint in eminent domain against George W. Fisher and Elizabeth Lee Fisher (collectively, the Fishers), the owners of property located in Fremont. The Fishers filed a cross-complaint to quiet title and for equitable relief. The matter proceeded to a jury trial on the question of the amount of just compensation Fremont owed the Fishers. The jury awarded ... More...   $403513 (02-29-2008 - CA)

Jack Russell v. Charrie Foglio

Plaintiff Jack Russell appeals following the grant of defendant Charrie Foglio's special motion to strike his complaint for slander and false light invasion of privacy, under Code of Civil Procedure section 426.15, the anti-SLAPP statute (undesignated section references are to the Code of Civil Procedure), and from the denial in part of his motion to tax costs, with respect to defendant's atto... More...   $0 (02-29-2008 - CA)

Terry McCann, et al. v. Foster Wheeler

A plaintiff who has resided in California for 30 years was exposed to asbestos during the installation of a boiler in Oklahoma 50 years ago. The boiler was designed and sold by a New York company to a purchaser in Oklahoma. Following his diagnosis with an asbestos-related medical condition several years ago, the California resident brought suit in California against the New York company.

... More...   $0 (02-29-2008 - CA)

Firstplus Home Loan Owner 1997, et al. v. Stacy Bryant, et al.

This is an appeal from an order certifying a class action. The cause of action by the representative plaintiffs, individually, and on behalf of the members of each subclass, seeks damages arising from the payment by them of interest that they allege is usurious to the trust or trusts and their trustees that own or owned their loans. The cause of action also seeks damages for fraud arising from... More...   $0 (02-28-2008 - AR)

Augusto Ticconi, etc. v. Blue Shield of California Life & Health Insurance Company, et al.

The question before us is whether the trial court abused its discretion in denying a motion to certify a class under Proposition 64. Plaintiff Augusto Ticconi sued his health insurance provider defendant Blue Shield of California Life and Health Insurance Company (Blue Shield Life)1 under the Unfair Competition Law (Bus. & Prof. Code, § 17200 (the UCL)). Plaintiff alleged that Blue Shield Life... More...   $0 (02-27-2008 - CA)

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