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Civil Procedure Law
 
CYNTHIA CORRIE, on their own behalf and as Personal Representatives of Rachel Corrie and her next of kin, including her siblings; etc. v. CATERPILLAR, INC.

Plaintiffs Cynthia and Craig Corrie, Mahmoud Al Sho'bi, Fathiya Muhammad Sulayman Fayed, Fayez Ali Mohammed Abu Hussein, Majeda Radwan Abu Hussein, and Eida Ibrahim Suleiman Khalafallah filed this action after their family members were killed or injured when the Israeli Defense Forces ("IDF") demolished homes in the Palestinian Territories using bulldozers manufactured by Caterpillar, Inc... More...   $0 (09-19-2007 - WA)

St. John's United Church of Christ, et al. v. The City of Chicago, et al.

Mention Chicago to almost any person who has been on an airplane, and that person will immediately think of Chicago's O'Hare International Airport. It is one of the busiest airports in the world: in 2005, more than 76.5 million passengers passed through its facilities, along with 1.7 million tons of freight. See http://www.flychicago.com/events/KidsPage2006/OHareH istory.shtm (last visit... More...   $0 (09-17-2007 - IL)

Stephen T. Chabak v. Erica C. Monroy

Erica C. Monroy reported to police that she had been touched inappropriately by Stephen Chabak, a physical therapist. She claimed the event occurred a few months before her 18th birthday. The police investigated the incident, but no charges were filed by the district attorney's office.

Chabak responded by filing a complaint against Monroy, seeking damages for what he termed a false re... More...   $0 (09-14-2007 - CA)

Ted H. ROBERTS, Mary S. Roberts and The Law Offices of Ted H. Roberts, P.C. v. Ezekiel I and Robert V. West III, Trustee West Family Reserve Trust and THE STATE OF TEXAS and Hearst Corp. d/b/a San Antonio Express News, Intervenors Appellees

This appeal arises from the unsealing of records in the civil case of Ezekiel I and Robert V. West, III Trustee West Family Reserve Trust v. Ted H. Roberts, Mary S. Roberts, and the Law Offices of Ted H. Roberts ("the 2001 case"). Robert West, a plaintiff in the 2001 case, claimed the Robertses misappropriated and/or mismanaged funds from the Ezekiel I investment partnership, and he moved for ... More...   $0 (09-14-2007 - TX)

JAMES H. RUEHL v. VIACOM, INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION

This is an interlocutory appeal from the District Court's denial of Viacom's summary judgment motion. Viacom seeks to have James Ruehl's complaint under the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq., dismissed for failure to timely exhaust administrative remedies before the Equal Employment Opportunity Commission ("EEOC"). The District Court denied sum... More...   $0 (09-12-2007 - PA)

Florida Department of Transportation v. Normandy Piccolo

The Florida Department of Transportation (DOT), the defendant below, petitions for certiorari review of the trial court's interlocutory order denying its motion to modify the trial court's protective order detailing the conditions of a compulsory medical examination (CME) of Normandy Piccolo, the plaintiff below. We deny the petition.

After being involved in an automobile accident, Pic... More...   $0 (09-11-2007 - FL)

City of Arkansas, Kansas v. Ronald D. Bruton and Rebecca A. Bruton

Ronald and Rebecca Bruton (the Brutons) own and reside upon a 5.4-acre plot of land that is located within the City of Arkansas City. Their property borders the Arkansas River and is subject to a 1935 easement granted to the City for flood protection. The City completed improvements to the existing dike on the Brutons' property. This appeal on our grant of the City's petition for review concern... More...   $0 (09-10-2007 - KS)

Shamrock Development, Inc. v. Denison E. Smith, et al.

Appellants challenge the district court's denial of their motion to dismiss, arguing that the district court erred in concluding that (1) respondent satisfied the requirements of Minn. R. Civ. P. 4.04(a)(1) for service of process by publication, (2) the affidavit in support of service by publication was not "manifestly false," and (3) the summons was not defective. Because we conclude that t... More...   $0 (09-08-2007 - MN)

Michael Bolen, et al., vs. Todd Glass, City of Duluth

These consolidated appeals involve a dispute over a landowner's right to construct a private driveway on adjacent property dedicated in 1902 to become a public street. The City of Duluth granted Todd Glass a permit to install a driveway on the dedicated, but never-established, "street." Michael and Deborah Bolen hold the fee to part of the property that constitutes the would-be street. The... More...   $0 (09-08-2007 - MN)

Mavco, Inc. d/b/a Maverick Construction v. Rodney Eggink, et al.

Approximately four months after filing a mechanic's lien statement against Rodney and Karla Eggink's real property and serving a copy of the statement on the Egginks, Mavco, Inc. commenced an action in Sherburne County District Court to foreclose its lien. Three days before Mavco filed its complaint, summons, and notice of lis pendens, the Egginks granted a mortgage on their property to Wells ... More...   $0 (09-08-2007 - MN)

Burt Webb and Michele Webb v. OMNI Block, Inc.

1 Omni Block, Inc. ("Omni") appeals from the trial court's award of attorneys' fees to Burt and Michele Webb and denial of its request for attorneys' fees and sanctions. The Webbs cross-appeal, arguing that the trial court erroneously admitted testimony from Omni's expert witness. For the reasons set forth below, we grant the cross-appeal and reverse the judgment.

FACTS1 AND PROCEDURAL ... More...   $0 (09-06-2007 - AZ)

Deanna Barackman v. Anthony Anderson

This case is before us for the second time, following a remand by the Supreme Court to the trial court for further proceedings. At issue is whether a determination in arbitration between plaintiff, who was injured in an automobile accident, and her personal injury protection (PIP) insurance provider should have been given preclusive effect in a subsequent personal injury action between plaint... More...   $0 (09-05-2007 - OR)

Sylvia CASAS, Robert Gundling, and Substantively Consolidated Bankruptcy Estates of Fountain View, Inc., as Successor to Summit Care Corp. and Summit Care Texas, L.P. d/b/a Comanche Trail Nursing Center, v. Rosamarie PARADEZ, as the Administrator and Heir at Law of the Estate of Tranquilino Mendoza, Deceased

This appeal involves a medical malpractice survival action brought by the decedent's daughter, Appellee Rosamarie Paradez. The decedent, Tranquilino Mendoza, was eighty-one years old and residing in the Comanche Trail Nursing Center in Big Spring, Texas, when he was injured by his roommate. On appeal, all three appellants, Sylvia Casas, Robert Gundling, and Substantively Consolidated Bankrup... More...   $10000000 (09-05-2007 - TX)

Ann Napp v. Parks Camp, Ltd.

MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2007 ME 126 Docket: Ken-06-337 Argued: January 18, 2007 Decided: September 4, 2007 Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, CALKINS, LEVY, and SILVER, JJ.* ANN NAPP v. PARKS CAMP, LTD. CLIFFORD, J.

[1] Ann Napp appeals from a summary judgment entered in the Superior Court (Kennebec County, Marden, J.), dismissing... More...   $0 (09-04-2007 - ME)

Sergeant Christopher D. Foraker, et al. v. Colonel L. Arron Chaffinch, et al.

Appellants Corporal B. Kurt Price and Corporal Wayne Warren, both former Delaware State Troopers and instructors in the Delaware State Police Firearms Training Unit, appeal from the District Court's grant of judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b). Price and Warren present two principal issues for review: (1) whether the activities they engaged in w... More...   $0 (09-03-2007 - DE)

Imperial Lofts, Ltd. v. Imperial Woodworks, Inc.

In this breach of contract and negligence suit, a building owned by Imperial Lofts, Ltd. (Lofts) was totally destroyed by fire while leased to Imperial Woodworks, Inc. (Woodworks). Lofts sued Woodworks and ARCO Metal Fabrication, Inc., Woodworks' contractor that was working in the building when the fire began. A jury found: (1) Woodworks failed to comply with the lease; (2) the negligence of ... More...   $37500 (08-31-2007 - TX)

Catholic Mutual Relief Society, et al. v. The Superior Court of Los Angeles County, Roman Catholic Archdiocese of San Diego, et al.

The Roman Catholic Archdiocese of San Diego is the principal defendant in an action brought by approximately 140 persons (plaintiffs) for alleged childhood abuse by certain priests. Those cases, along with others involving the San Bernardino Archdiocese, are known collectively as Clergy Cases II, and were coordinated within the Los Angeles County Superior Court with claims against dioceses... More...   $0 (08-28-2007 - CA)

Bruce Peters v. Village of Clifton, et al.

Bruce Peters brought this action under 42 U.S.C. § 1983 against the Village of Clifton ("Village"), Alexander, Cox & McTaggert, Inc. ("ACM") and Joseph McTaggert. He alleged that the defendants had trespassed on his property in order to expand the Village's sewage discharge system and, in so doing, had committed an unconstitutional taking of his property in violation of the Fifth and Four... More...   $0 (08-27-2007 - IL)

Gliozzo v. University Urologists of Cleveland, Inc., et al.

{ 1} On November 14, 2003, appellee, Frank Gliozzo, filed a medical malpractice action against appellants, University Urologists of Cleveland, Inc. and Martin Resnick, M.D., alleging negligence in their performance of a surgical procedure on him in June 2002. Before filing his complaint, Gliozzo had handdelivered a 180-day letter to appellants, which extended the statute of limitations for... More...   $0 (08-26-2007 - OH)

Janice McDaniel and Patrick McDaniel v. Specturm Healthcare Resources, Inc. and Michael Sim

The controlling legal issue presented in this appeal is whether an Agreed Special Setting and Docket Control Order incorporated a written agreement extending the date for serving an expert report under section 74.351(a) of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a) (Vernon Supp. 2006). Because we hold that the docket control order includes with... More...   $0 (08-25-2007 - TX)

LAMARR GARLAND FORBIS, Co-Executor of the Estate of Bonnie S. Newell; and LAMARR GARLAND FORBIS, Executrix of the Estate of Augusta Lee Sustare (formerly Attorney-in-Fact for Augusta Lee Sustare) v. BEVERLY LEE NEAL

This case arises from a dispute over the assets of Bonnie Sustare Newell (Newell) and her sister Augusta Lee Sustare (Sustare). LaMarr Garland Forbis, Newell and Sustare's niece, brought a fraud action on behalf of her aunts' estates against Beverly Lee Neal (defendant), her first cousin and the nephew of Newell and Sustare. The trial court granted summary judgment for defendant, and the Cou... More...   $0 (08-24-2007 - NC)

Phillip Smith v. Robert John Serro, M.D., et al.

On 22 April 2002, Phillip Smith (plaintiff) suffered brain damage as a result of bleeding in his brain. On 16 May 2002, he was admitted to the Bryant T. Aldridge Rehabilitation Center (the Center), where he received inpatient services under Dr. Robert John Serro's care. On 27 June 2002, Dr. Serro discharged plaintiff fromthe Center's inpatient services to a retirement home. Plaintiff took part ... More...   $0 (08-24-2007 - NC)

North Carolina Industrial Capital, LLC v. John E. Clayotn, Jr., et al.

This case arises out of a June 1999 lease of commercial property in Charlotte, North Carolina, between Plaintiff and its lessee, Defendant West's Charlotte Transfer & Storage, Inc. ("WCT"). On 15 August 2001, Plaintiff filed a complaint in Mecklenburg County small claims court seeking summary ejectment against David D. Rushing ("Rushing") and John Clayton ("Clayton"), allegedly doing business... More...   $0 (08-24-2007 - NC)

City of Fargo v. Mitch Malme and Mitch Malme Investments, L.L.C., a North Dakota limited liability company

[1] Mitch Malme and Mitch Malme Investments, L.L.C., appeal from a judgment affirming the Fargo Administrative Enforcement Board's imposition of a fine for violation of municipal ordinances relating to use of property. Because the administrative enforcement board is not a tribunal authorized by state law, we reverse the judgment.

I

[2] In 2005, the Fargo Board of City Commissioner... More...   $0 (08-22-2007 - ND)

Janice Lingenfelter v. County of Fresno

Janice Lingenfelter (plaintiff) appeals after judgment was entered in favor of County of Fresno and its Human Services System, erroneously identified as the Department of Social Services (collectively, defendant). Plaintiff filed the action after her son, Levi, died while in foster care. Plaintiff attributes Levi's death to the allegedly improper treatment he received for his medical condit... More...   $0 (08-20-2007 - CA)

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