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Civil Procedure Law
Jack L. Aronowitz, et al. v. Health-Chem Corporation

Plaintiffs-counter defendants-appellants, Jack Aronowitz, Health-Chem Diagnostics LLC, and Leon Services LLC (collectively "Aronowitz"),1 appeal an "Omnibus Order" by the district court for the Southern District of Florida addressing a number of post-trial motions. The order (1) set aside the jury verdict that had been rendered in Aronowitz's favor as to his first breach of contract claim... More...   $0 (01-22-2008 - FL)

Vicki V. Busby, etc. v. JRHBW Realty, Inc., d/b/a Realty South

This matter is before this Court on Plaintiff Vicki V. Busby's ("Busby") appeal of the district court's denial of class certification to a class of plaintiffs seeking damages arising out of Defendant JRHBW Realty, Inc.'s, d/b/a RealtySouth ("RealtySouth"), alleged violation of Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §§ 2601, et seq. We accepted juri... More...   $0 (01-20-2008 - AL)

National Bank of Arizona v. Morgen T. Thurston and Howard Thurston

1 This appeal arises out of an action to judicially foreclose a deed of trust executed by Defendant/Appellant Morgen Thruston to secure a construction loan made to her by Plaintiff/Appellee National Bank of Arizona. On appeal, Morgen Thruston and her husband, Howard, argue the superior court should not have entered summary judgment against them because the Bank failed to present evidence neg... More...   $0 (01-20-2008 - AZ)

Javier F. Ovando v. County of Los Angeles

Javier F. Ovando appeals an order granting a new trial after the jury awarded him $6.5 million in damages against his former defense attorney, Tamar Toister, and her employer, the County of Los Angeles, for legal malpractice resulting in his false conviction. The trial court concluded that a juror had committed prejudicial misconduct by failing to disclose her knowledge of facts concernin... More...   $0 (01-20-2008 - CA)

David B. Schachter v. Citigroup, Inc., et al.

A financial brokerage company offers qualifying employees an incentive compensation plan that allows participants the option of using a portion of their annual earnings to purchase shares in the company's stock at a price below the stock's publicly traded market price. If the participating employee resigns or is terminated for cause within a two-year vesting period, the employee forfeits ... More...   $0 (01-20-2008 - CA)

Joe Huh v. Guanyin J. Wang, et al.

This litigation grew out of a home remodel. Plaintiff and appellant Joe Huh, doing business as Omega Construction, entered into a contract with defendant and respondent Guanyin Wang to remodel respondent's residence.

After disputes arose, appellant filed this action in December 2004 for breach of contract and to enforce a mechanic's lien. The complaint names respondent as well as se... More...   $0 (01-19-2008 - CA)

American Express Insurance Services Europe Limited v. Johanna Duvall, Helen Duvall and Vincet Sansalone

American Express Insurance Services Europe Limited ("AEISEL") appeals the denial of its motion to dismiss based upon waiver of jurisdiction and/or Florida's long arm statute. We reverse because we conclude that AEISEL is not subject to personal jurisdiction in Florida for claims that arose in Florida, based on an insurance policy issued in the United Kingdom, and AEISEL did not waive its obj... More...   $0 (01-18-2008 - FL)

Carmen J. Grosso and James Chereskin v. Fidelity National Title Insurance Co. and Janet Figueroa

Carmen J. Grosso ("Grosso") and James Chereskin ("Chereskin") argue in these appeals that the trial court erred in certifying the settlement class, approving the settlement agreement, and approving the award of attorneys' fees and costs issued in the class action lawsuit brought by Janet Figueroa ("Figueroa") against Fidelity National Title Insurance Company ("Fidelity National"). We agree an... More...   $0 (01-18-2008 - FL)

David M. Dresdner, M.D., P.A. v. The Charter Oak Fire Insurance Company

In this appeal we are asked to decide whether a trial court may vacate an earlier order or judgment and then reenter the same order or judgment to allow a party to perfect an appeal when the party previously failed to file a timely notice of appeal as a result of lawyer error amounting to excusable neglect. We conclude that the trial court does not have the authority to relieve a party of... More...   $0 (01-18-2008 - FL)

Beckey Palmer v. Karin Hofmann

Palmer and Hofmann were involved in a vehicle accident on May 26, 2004. Palmer filed suit on May 23, 2006, asserting a negligence claim against Hofmann resulting in injuries and other damages to Palmer. Allied Mutual Insurance,1 Palmer's underinsured motorist policy carrier, was also a named defendant. Two file-stamped copies of the original notice and one file-stamped copy of the petition an... More...   $0 (01-18-2008 - IA)

David Christensen v. Cesia Zelaya and Dagoberto Zelaya

The plaintiff, David Christensen, sued the defendants, Cesia and Dagoberto Zelaya, for injuries sustained by Christensen in an automobile accident. Because the Zelayas admitted fault prior to the commencement of the trial, the issues at trial were limited to proximate causation and damages. The jury returned a special verdict form in favor of Christensen awarding him $4307.72 in damages, and ... More...   $0 (01-18-2008 - IA)

Richard Jones v. Todd Swanson

Todd V. Swanson appeals the district court's1 order dismissing his motion to vacate brought under Rule 60(b) of the Federal Rules of Civil Procedure. Swanson also appeals the district court's orders denying motions to conduct post-judgment discovery and to designate the real party in interest. We affirm.


Richard M. Jones sued Swanson under South Dakota's alienation of affecti... More...   $0 (01-18-2008 - SD)

Cytologix Corporation v. Ventana Medical Systems, Inc.

This is an appeal from a single judgment of the district court in two cases, both brought by CytoLogix Corp. against Ventana Medical Systems, Inc. One of the two district court cases, No. 01-10178, was a patent infringement action; the other, No. 01-12231, was an antitrust/misappropriation action. After two trials, both combining claims from each action, the district court entered final judgmen... More...   $0 (01-17-2008 - MA)

CPL, Inc. v. Fragchem Corporation

CPL and Fragchem do business in the chemicals industry, but their commercial chemistry is now questionable. The two companies began their relationship under an exclusive Supply Agreement, terminated this agreement years later, and then resumed conducting transactions soon thereafter. In April of 2004, Fragchem received a shipment of chemicals from CPL but refused to submit payment. CPL f... More...   $0 (01-17-2008 - IL)

Patroit Homes, Inc., et al. v. Forest River Housing, Inc. d/b/a Sterling Homes

Two companies, Patriot Homes and Forest River Housing, compete in the modular hous2 ing manufacturing industry. Patriot sued Forest River Housing's subsidiary, Sterling Homes, and four former Patriot employees (now Sterling employees) for copying their home designs. Sterling appeals the district court's preliminary injunction order which enjoined it from misappropriating Patriot's copyri... More...   $0 (01-17-2008 - IN)

Katherine Huffman v. Cassandra Stammer, et al.

On December 6, 2005, Katherine Huffman filed a lawsuit against Cassandra Stammer, Penny Pyle, and Merastar Insurance Co. Huffman alleged she had been injured when her vehicle was struck by a vehicle driven by Stammer on December 14, 2004. The vehicle Stammer was driving was owned by Pyle. Huffman claimed Stammer was operating the vehicle with Pyle's consent.1 Huffman also included a claim aga... More...   $0 (01-16-2008 - IA)

CGH Transportation, Inc. v. Quebecor World, Inc.

This case arose out of a billing dispute in which one company provided interstate and intrastate shipping services to the other company. Plaintiff-appellant CGH Transport, Inc. ("CGH") appeals the district court's (1) partial grant of a motion to dismiss, (2) partial grant of summary judgment, (3) denial of a motion to reconsider, and (4) denial of several motions to amend in favor of defen... More...   $0 (01-16-2008 - KY)

Service Source, Inc. v. Office Depot, Inc.

Plaintiff-Appellant Service Source, Inc. sued Office Depot, Inc., stating various contract claims under Michigan law. Service Source appeals from the denial of its motion for summary judgment, the denial of its motion for a new trial, and the jury verdict, in which the jury found that the Office Depot employee who had signed the agreement in issue lacked the authority to bind Office Depot a... More...   $0 (01-16-2008 - MI)

John Leeman Isaacs and Susan Gail Isaacs v. Charles Bishop and Hallsville Dragway, Inc.

Using their wildest imagination, John and Susan Isaacs and Charles Bishop could not have predicted the unfortunate events which began when Isaacs contracted to sell the Hallsville Dragway to Bishop. That purchase contract was followed a few months later by a physical conflict which included Isaacs (1) and Bishop, a subsequent punitive campaign by Isaacs against Bishop, and ultimately a pecuni... More...   $0 (01-15-2008 - TX)

Allison J. Riggs and Jack E. Riggs, M.D. v. West Virginia University Hospitals, Inc.

I concur in the majority opinion's determination that the doctrine of judicial estoppel precluded the Appellants from changing their theory of liability after the jury returned its verdict. I have chosen to write separately to discuss the issue of whether or not the cause of action filed against WVUH could have been brought outside the MPLA, (See footnote 1) and to respond to the flawed arg... More...   $0 (01-14-2008 - WV)

Thomas Nickerson and Claire Nickerson v. Watermark Marina of Palm County and Martin County Marine Corporation

Thomas Nickerson and Claire Nickerson (collectively, the Nickersons), defendants below, sought certiorari and prohibition relief from a non-final order which granted the plaintiff's motion for release of a lis pendens bond, substituting a pledge of stock. By earlier order, this court denied the petition for writ of prohibition on the merits. We now grant the petition for writ of certiorari. ... More...   $0 (01-12-2008 - FL)

Dwight Johannes Downs v. Coastal Systems International, Inc.

Dwight Johannes Downs appeals the trial court's order granting appellee Coastal Systems International Inc.'s ("Coastal Systems") motion for final summary judgment, and Coastal Systems appeals the trial court's order denying in part its Motion to Tax Costs and Attorney's Fees. We affirm the entry of final summary judgment in Coastal Systems' favor, but reverse the denial of its entitlement to... More...   $0 (01-12-2008 - FL)

American Express Bank International v. Inverpan, S.A., et al.

American Express Bank International appeals an amended final judgment awarding attorney's fees to Inverpan, S.A.1 We reverse.

Inverpan, S.A., Anna Hochman Britten and Haim Hochman [collectively "plaintiffs"] sought account statements and related documents pertaining to Ms. Britten and Inverpan's accounts at American Express. When they were unable to obtain those documents from American ... More...   $0 (01-12-2008 - FL)

Ell-Cap/Diversified 75 Naples Estates et al. v. Naples Estates Homeowners Association, Inc.

This is an appeal from a nonfinal order in a lawsuit between a mobile homeowners' association and various entities involved in the ownership or management of the mobile home park. The order certifies a class that appears to include all mobile home owners who have had mobile homes on lots in the park since June 1992. The order does not require any notice to members of the class. Although t... More...   $0 (01-12-2008 - FL)

Stefano Picciotto, et al. v. Continental Casualty Company, et al.

This case requires us to consider the interrelationship of joinder and supplemental jurisdiction in a diversity case. The Picciotto family and their company, Foreign Car Center, Inc., ("the Picciottos"), appeal the dismissal of their complaint for failure to join an indispensable party. The district court found that Dana Casher, a citizen of Massachusetts, is a necessary and indispensable party... More...   $0 (01-12-2008 - MA)

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