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Civil Procedure Law
 
Donna M. Kinkel v. Cingular Wireless, LLC

Defendant, Cingular Wireless, LLC (Cingular), provides cellular telephone service to consumers. Under Cingular's standard service agreement, its customers commit to a specified "service term" and agree to pay an early-termination fee if they withdraw from the service agreement before the end of the term. Plaintiff, Donna M. Kinkel, individually and on behalf of a class of those similarly situat... More...   $0 (10-18-2006 - IL)

Sonia DeLuna, et al. v. Eloy Burciaga, et al.

Plaintiffs, Sonia DeLuna, Susanna DeLuna, Griselda DeLuna, and Oscar DeLuna, filed a legal malpractice action in the circuit court of Cook County against defendants, Eloy Burciaga, Barbara Clinite, and Michael Rathsack. Defendants moved to dismiss plaintiffs' fourth amended complaint, arguing that plaintiffs' suit was foreclosed by the applicable statute of repose. The circuit court granted def... More...   $0 (10-18-2006 - IL)

Hartford Accident and Indemnity Company; Hartford Casualty Insurance Co. and Twin City Fire Insurance v. Donald C. Beaver

This appeal asks whether Florida law requires insurers, Hartford Accident and Indemnity Company, Hartford Casualty Insurance Company, and Twin City Fire Insurance Company (collectively, "Hartford"), to defend their insured, Donald C. Beaver, against a class action suit in which the class has not yet been certified by the state court and the only potentially covered claims are by putative cl... More...   $0 (10-17-2006 - FL)

Deutsch/Mohr-McDermott v. Masonic Home for Children in Covina, et al.

Masonic Homes of California Held Liable for Childhood Sexual Abuse - More Than $3.5 Million in Damages Awarded On Friday October 6, 2006, a Pomona jury found Masonic Homes of California liable for more than $3.5 million in damages to two adult-female victims who were sexually abused while they were children residing in the Masonic Home for Children in Covina. The award quickly followed the jur... More...   $3531200 (10-11-2006 - CA)

AmerisourceBergen Corporation, et al v. Dialysist West, Inc. v. AmeRx, et al.

On August 2, 2002, AmerisourceBergen Corporation1 brought suit against Dialysist West, Inc. alleging that Dialysist West breached a sales agreement concerning the sale of the drug Epogen S40. Following its determination that 50% to 100% of the Epogen it purchased from Dialysist West was counterfeit, AmerisourceBergen withheld payments due Dialysist West on non-Epogen drug sales. On March ... More...   $2200000 (10-11-2006 - AZ)

TRANG LE, as Mother and Next Friend of AMANDA LE, A Minor, and TRANG LE, vs. YAACOV VAKNIN and AMERICAN FAMILY MUTUAL INSURANCE COMPANY

Plaintiffs, Amanda Le and her mother, Trang Le, appeal from an adverse judgment in their action against American Family Insurance Company (American Family), their uninsured-motorist carrier. They also appeal from the district court's reduction of the damages awarded against defendant Yaacov Vaknin based on a third-party payment of plaintiffs' medical expenses. After reviewing the record and c... More...   $0 (10-06-2006 - IA)

DONNA M. KINKEL v. CINGULAR WIRELESS LLCC

Defendant, Cingular Wireless, LLC (Cingular), provides cellular telephone service to consumers. Under Cingular=s standard service agreement, its customers commit to a specified Aservice term@ and agree to pay an early-termination fee if they withdraw from the service agreement before the end of the term. Plaintiff, Donna M. Kinkel, individually and on behalf of a class of those similarly ... More...   $0 (10-05-2006 - IL)

Orhan Yavuz v. 61 MM, Ltd., et al.

Orhan Yavuz, a Turkish citizen, has been involved in various international business transactions with Kamal Adi, a dual Syrian and Swiss citizen, since the early 1980s. Frustrated with the treatment of what he considers an investment in certain real property in Tulsa, Oklahoma (the Tulsa Property), Mr. Yavuz has brought suit against Mr. Adi and others, seeking relief under the federal Racketee... More...   $0 (09-22-2006 - OK)

Norman T. Merkel v. Fernando Abeit; Nicholas Garcia

Norman Merkel was a pilot with Pierce Aviation, Inc., a contractor for the United States Bureau of Indian Affairs (BIA). Pierce Aviation reassigned Merkel after Fernando Abeita and Nicholas Garcia, two BIA contracting officers, complained about inappropriate behavior. Merkel then resigned. He sued Abeita and Garcia, alleging a violation of his First Amendment rights to freedom of speech.(1) Sp... More...   $0 (09-22-2006 - NM)

Orhan Yavuz v. 61 MM, Ltd., et al.

Orhan Yavuz, a Turkish citizen, has been involved in various international business transactions with Kamal Adi, a dual Syrian and Swiss citizen, since the early 1980s. Frustrated with the treatment of what he considers an investment in certain real property in Tulsa, Oklahoma (the Tulsa Property), Mr. Yavuz has brought suit against Mr. Adi and others, seeking relief under the federal Racketee... More...   $0 (09-20-2006 - OK)

Allstate Insurance Company v. The Superior Court of Los Angeles County, Respondent, Raymond M. Jessel, et al., Real Party In Interest

The 1994 Northridge earthquake damaged a hillside house owned by Raymond Jessel and Cynthia Thompson (collectively Jessel). Jessel submitted two claims under his homeowner's policy to Allstate Insurance Company, neither of which was resolved to his satisfaction. In 1998, Jessel sued Allstate for breach of contract, bad faith, and fraud. Allstate removed the case to the United States Distri... More...   $0 (08-31-2006 - CA)

Robert Cortez v. Wal-Mart Stores, Inc.

Plaintiff Robert Cortez sued defendant Sam's Club for discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34 (ADEA), on account of the company's failure to promote him to the position of general manager.(1) During the trial, the district court twice denied Sam's Club's motions for judgment as a matter of law under Rule 50 of the Federal Rules of Civil Proce... More...   $0 (08-29-2006 - NM)

Eric C. Jackson and Great Basin Companies, Inc. v. Volvo Trucks North America, Inc.

Eric C. Jackson is the principal shareholder of Great Basin Companies, Inc., the parent company of various Volvo truck dealerships that operated in the West and Midwest, including Utah and Nebraska. This appeal arises out of the district court's dismissal of claims filed by Jackson and Great Basin Companies against Volvo Trucks North America, Inc. For the reasons stated below, we conclude that ... More...   $0 (08-29-2006 - UT)

Phillip R. Lierly and Joe Bill Lierly v. Tidewarter Petroleum Corporation

1 Appellant presents two questions of law for certiorari review: 1) Is an oil and gas lessee subject to liability for malicious prosecution for seeking an injunction against the surface owner who interferes with lessee's entry upon the land at a specific location? and 2) Is a defendant entitled to present closing argument on the amount of punitive damages in the second stage of a jury trial eve... More...   $0 (08-12-2006 - OK)

Volume Millwork, Inc. v. West Houston Airport Corporation

This is an eviction case resolved by forcible-entry-and detainer in justice court and appealed by the tenant for trial de novo to county court, the trial court here. Appellant, Volume Millwork, Inc. (tenant), presents four issues challenging the judgment of the trial court. Tenant's first two issues challenge the interlocutory summary judgment rendered on the issues of the rights of appellee, W... More...   $17113 (08-10-2006 - TX)

Paula Johnson v. Chicago Transit Authority and Mearl C. Harvey

The plaintiff, Paula Johnson, sued the defendants, Chicago Transit Authority (CTA) and Mearl Harvey, for injuries she sustained when she fell exiting a CTA bus. Footnote The trial court granted CTA's motion to dismiss Johnson's case because she failed to strictly comply with the notice requirements of section 41 of the Metropolitan Transit Authority Act (Transit Act) (70 ILCS 3605/41 (West 199... More...   $0 (08-09-2006 - IL)

Regency Outdoor Advertising, Inc. City of Los Angeles, et al.

More...   $0 (08-08-2006 - CA)

AMERICAN TITLE COMPANY OF HOUSTON V. BOMAC MORTGAGE HOLDINGS, L.P.

Bomac Mortgage Holdings, L.P., sued American Title of Houston for breach of contract, fraud, violations of the Texas Deceptive Trade Practices Act, see Tex. Bus. & Com. Code Ann. §§ 17.41-.63 (Vernon 2002 and Supp. 2005) (DTPA), and other claims relating to the financing of a mortgage. The trial judge entered judgment on the jury's verdict in favor of Bomac. American Title appeals, challe... More...   $250000 (07-24-2006 - TX)

Salt Lake Tribune Publishing Company, LLC v. Management Planning, Inc.; Mediannews Group, Inc.; Kearns-Tribune, LLC

This appeal arises out of the efforts of Salt Lake Tribune Publishing Company ("Tribune Publishing") to reacquire The Salt Lake Tribune newspaper. An appraisal from Management Planning, Inc., ("MPI"), which valued the assets of The Salt Lake Tribune, is at the center of the present controversy. Tribune Publishing appeals the district court's dismissal of its complaint pursuant to Rule 12(b)(6) ... More...   $0 (07-21-2006 - UT)

Barry Blum v. The Superior Court of Los Angeles County (Copley Press Inc.)

Barry Blum sued Copley Press, Inc., Daily Breeze and Vicki Tally for wrongful termination.1 The operative pleading, the first amended complaint ("FAC"), contained 22 causes of action; 12 of which asserted various violations of the FEHA (the California Fair Employment and Housing Act, Gov. Code, §2 12900 et seq.); the other 10 asserted parallel public policy violations.3 The court sustained ... More...   $0 (07-18-2006 - CA)

David Fite v. Harold Wilson, et al.

Harold Wilson filed a partition suit alleging that he owned an undivided one-half interest in a forty-acre tract. Jeff Speed acquired title to the entire forty-acre tract in 1928 and in 1949 conveyed an undivided one-half interest to Harrison Speed and wife. After several intervening transfers, Wilson now owns the one-half interest originally conveyed to Harrison Speed. The one-half interest of... More...   $0 (07-07-2006 - TX)

Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman

The trial court granted summary judgment against appellant Robert Ortiz on all of his claims against appellees Andrew Collins, Tim Welsh, and Jerel S. Twyman. In four issues, Ortiz claims the trial court erred in dismissing his claims. In one cross issue, Collins and Welsh challenge this court=s appellate jurisdiction.[1] We affirm in part and reverse and remand in part.

... More...   $0 (07-07-2006 - TX)

Griff G. Argo v. Blue Cross and Blue Shield of Kansas, Inc.

This case presents an especially weak Title VII sex discrimination claim. The Plaintiff, Griff Argo, was fired by Blue Cross Blue Shield of Kansas, Inc. ("Blue Cross Blue Shield") following nearly a year of declining performance and disciplinary problems, one day after arriving late for work and failing to complete assigned work. He alleges that his termination was the product of reverse sex d... More...   $0 (07-06-2006 - KS)

David Wei Pan v. Mark Bane and Marta Bane

1 The question before us in this accelerated review is whether, under these circumstances, plaintiffs' amendment to their petition adding a new party and a new theory of recovery after the expiration of the statute of limitations properly "relates back" under the provisions of 12 O.S. 2001, §2015(C), to the date the action was originally commenced. We find that it does and that the statute was ... More...   $0 (07-05-2006 - OK)

Lynna R. Cantu and Roberto J. Cortez v. John K. Horany and John K. Horany, P.C.

Lynna R. Cantu See Footnote 1 and Roberto J. Cortez appeal the trial court's final summary judgment granting John K. Horany and John K. Horany, P.C.'s motion for no-evidence summary judgment.

Cantu and Cortez raise four issues arguing the trial court erred when it (1) denied their motion to designate experts late; (2) denied their motion to reconsider their motion to designate... More...   $0 (07-01-2006 - TX)

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