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Civil Procedure Law
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.


[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)

Paul Montgomery, et aux. v. Dr. Mark McCoy and Cooper Clinic

Paul Montgomery, et aux. sued Dr. Mark McCoy and Cooper Clinic on a medical negligence theory claiming that Dr. McCoy acted below the standard of care in caring for and treating him and that Dr. McCoy's malpractice directly harmed him. McCoy performed heart bypass surgery on Montgomery in June 1998, then performed femoral bypass surgery on both of his legs about two months later. Montgomery t... More...   $3500000 (08-15-2007 - AR)

City of Tampa, etc. v. Michael C. Addison and Richard T. Pettit, for themselves and all others similarly situated

The City of Tampa (the City) appeals a nonfinal order certifying a bilateral class action.1 The circuit court entered the order in an action filed by Michael C. Addison and Richard T. Petitt (the Appellees). The Appellees are members of The Florida Bar. Each Appellee maintains an office for the practice of law within the jurisdiction of the City. In their action, the Appellees challenged ... More...   $0 (08-11-2007 - FL)

Sylvester Jones v. United Space Alliance, LLC

Appellant United Space Alliance ("USA") appeals the district court's denial of attorneys' fees. Appellee Sylvester Jones sued USA in Florida state court asserting both federal and state employment discrimination claims. USA removed the case to federal court and eventually won summary judgment on all counts. This court affirmed the judgment, and USA sought attorneys' fees under Florida's of... More...   $0 (08-11-2007 - FL)

Debra L. Miller v. Glacier Development Co., L.L.C., et al.

In this appeal from an eminent domain proceeding, appellant Glacier Development Company, LLC (Glacier) challenges the jury's $800,000 award for the taking of its real property by the Kansas Department of Transportation (KDOT).

This appeal raises five questions: (1) Did the district court err in admitting evidence of the purchase prices of the subject parcels of land? (2) Did the district ... More...   $800000 (08-10-2007 - KS)

Commodity Futures Trading Commission v. Lake Shore Asset Management Limited

The Commodity Futures Trading Commission believes that Lake Shore Asset Management, a commodity-pool operator and adviser in the derivatives business, has failed to produce on demand the records required by 7 U.S.C. §6n(3)(A) and the corresponding regulations, 17 C.F.R. §§ 1.31, 4.23, and 4.33. On June 27, 2007, the day after the CFTC filed its complaint, the district court issued an ex p... More...   $0 (08-08-2007 - IL)

Jones, et al. v. Masonic Home for Children in Covina, et al.

Masonic Homes of California Held Liable for Childhood Sexual Abuse For Second Time - More Than $12.5 Million in Damages Awarded, Including Punitive Damages

On Tuesday, July 24, 2007, a Pomona jury found Masonic Homes of California liable for more than $12.5 million in damages to three adult-male victims who were sexually abused while they were children residing in the Masonic Home for Chi... More...   $12564600 (08-06-2007 - CA)

Vila Alston, et al. v. Advanced Brands and Importing Co., et al.

In this consolidated appeal, the plaintiffs appeal the dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of their complaints alleging that the defendants' advertising is responsible for the underage, and therefore illegal, purchase of alcoholic beverages by the plaintiffs' minor children. See Alston v. Advanced Brands & Importing Co., No. Civ. 05-72629, 2006 U.S. Dist. Lexis 31... More...   $0 (08-06-2007 - OH)

John C. Englert and Renne A. Englert v. Fazio Mechanical Services, Inc. and C.J. Timko

1 Appellants, John and Renee Englert, appeal from the order granting summary judgment in favor of Appellees in this negligence case. On January 18, 2007, the prior decision of this panel affirming the trial court's order was vacated by our Supreme Court, and the case was remanded.1 After further consideration, and for the following reasons, we affirm.

2 The trial court accurately su... More...   $0 (08-03-2007 - PA)

George Bouren and Caroline Bourne v. Temple University Hospital, et al.

1 Appellants, George and Caroline Bourne, appeal from the order that denied their petition to open and/or strike the judgment of non pros which had been entered against them. Specifically, Appellants argue that the trial court erred in its application of Pa.R.C.P. 1042.3, regarding the calculation of time within which a certificate of merit must be filed in a professional liability action... More...   $0 (08-02-2007 - PA)

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