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Civil Procedure Law
 
Glenna Fisher v. Frank Perez

Appellant, Glenna Fisher ("Fisher"), and Appellee, Frank Perez ("Perez"), were involved in a car accident on the Palmetto Expressway. Perez allegedly suffered various injuries in the accident and filed suit against Fisher. The lawsuit proceeded to trial where the focus was whether Perez's injuries were caused by the accident or were instead the result of a pre-existing degenerative condition.... More...   $0 (01-26-2007 - FL)

Newman Memorial Hospital, d/b/a New Regional Health Center v. Walton Construction Company, et al.

This is Everton Oglesby Askew Architects' (EOAA) direct appeal from (1) the district court's ruling that Newman Memorial Hospital, d/b/a Newman Regional Health Center (Newman) was not subject to EOAA's statute of limitations defense because Newman was acting in a governmental and not a proprietary manner in building and leasing an office building to physicians at commercial rates; (2) rulings... More...   $0 (01-25-2007 - KS)

H.C. Massey and Betty Massey v. Kenth A. Griffiths, BKB, LLC, et al.

1 This case involves a suit to quiet title to a tract of land in Weber County that the Masseys purchased at tax sales. The Masseys brought the suit to quiet title in the property after one of the Defendants constructed a building on what the Masseys believed was their property under the tax deeds. In response to the Masseys' complaint, Defendants filed motions for summary judgment. The ... More...   $0 (01-25-2007 - UT)

Lennar Corporation, etc. v. Auto-Owners Insurance Company

1 Lennar Corporation, Lennar Homes of Arizona, Inc., and Lennar Communities Development, Inc. (collectively "Lennar") bring this consolidated appeal from the trial court's summary judgment to various insurers in a declaratory judgment action. In the judgments, the trial court determined that the insurers had no obligation to defend Lennar in a suit brought against it by homeowners in its Pinn... More...   $0 (01-24-2007 - AZ)

Michele Noel Pugliese v. The Superior Court of Los Angeles County and Dante J. Pugliese

Petitioner Michele Noel Pugliese (Michele) seeks a writ directing the superior court to set aside an order granting real party Dante J. Pugliese's (Dante) in limine motion to exclude all references to acts of domestic violence alleged to have occurred three years prior to the date Michele filed her domestic violence complaint. We conclude that domestic violence litigants are entitled to s... More...   $0 (01-24-2007 - CA)

Randy Vergos v. Julie McNeal

Plaintiff Randy Vergos, who alleges he was sexually harassed in his employment at the University of California at Davis (UCD), filed a civil rights claim against the manager who denied his administrative grievances--defendant Julie McNeal (acting director of UCD's Facilities Services Department1). McNeal appeals from the trial court's order denying her motion to strike plaintiff's third ... More...   $0 (01-24-2007 - CA)

William H. Delay v. Mel Gordon, etc., et al.

The beneficiaries of Plaintiff-Appellant William Delay's estate1 appeal an order from the district court denying modification under Federal Rule of Civil Procedure 60(b)(6) of a January 8, 1985 judgment on a breach of employment contract claim against the now-abolished Pacific Northwest River Basins Commission ("the Commission"). Appellants asserted that, under a change in the decisiona... More...   $0 (01-24-2007 - OR)

Horphag Research, Ltd. v. Larry Garcia, dba Healthierlife.Com, et al.

We are called upon to consider, for a second time, Defendant Larry Garcia's use of Horphag Research Ltd's ("Horphag's") trademark Pycnogenol. In a previous appeal, we affirmed the district court's grant of judgment as a matter of law on Horphag's trademark infringement claims. See Horphag Research Ltd. v. Pelligrini, 337 F.3d 1036, 1042 (9th Cir. 2003). We vacated the district court's ord... More...   $0 (01-24-2007 - CA)

Willaim Syverson, etc. et al. v. International Business Machines Corporation

Under the Older Workers Benefit Protection Act ("OWBPA"), employees may not waive rights or claims arising under the Age Discrimination in Employment Act ("ADEA") unless the waiver is "knowing and voluntary." 29 U.S.C. § 626(f)(1) (2000). To qualify as "knowing and voluntary," a waiver included in an agreement between an employer and its employees must, among other things, be "written in... More...   $0 (01-24-2007 - CA)

Steven Fisher, et al. v. City of San Jose, et al.

Steven Fisher claims constitutional violations stemming from a twelve-hour standoff at his apartment between him and a large number of San Jose police officers, at the end of which he came out of the apartment and submitted to arrest. He sued the city of San Jose (the City) and several officers under 42 U.S.C. § 1983, contending, among other things, that the arrest was invalid because t... More...   $1 (01-24-2007 - CA)

Nationwide Insurance Enterprise v. Tamela Ibanez, Wal-Mart Stores, Inc.

This appeal arises from an order of the Benton County Circuit Court reducing a foreign judgment filed in Benton County against appellee and garnishee, Wal-Mart, after a default judgment was entered in favor of appellant, Nationwide Insurance Enterprise, in the State of Washington. We affirm.

On January 7, 2005, Wal-Mart was served by Nationwide with a writ of garnishment with respect ... More...   $1086 (01-23-2007 - AR)

Alex R. Seith v. Chicago Sun-Times, Inc. and Steve Neal

On May 7, 2002, plaintiff Alex R. Seith filed a two-count complaint alleging that an article written by the late Steve Neal and published by Chicago Sun-Times, Inc., contained statements which constituted per se libel and false-light invasion of privacy. Defendants moved to dismiss pursuant to section 2-615 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-615 (West 2004). The circuit c... More...   $0 (01-22-2007 - IL)

Chicago District Council of Carpenters Rx, Inc. v. Caremark, Inc. and Caremark RX, Inc.

The Chicago District Council of Carpenters Welfare Fund ("Carpenters") sued Caremark, Inc. and its parent company Caremark Rx, Inc. (collectively "Caremark") for breach of fiduciary duties under 29 U.S.C. § 1106(b) of the Employee Retirement Income Security Act of 1974 ("ERISA").1 The district court determined that Caremark was not an ERISA fiduciary and therefore granted Caremark's motio... More...   $0 (01-22-2007 - IL)

BOSTON AVENUE MANAGEMENT, INC. v. ASSOCIATED RESOURCES, INC.

1 We decide in this case whether the Court of Civil Appeals (COCA), Division III erred in reversing a trial court order denying Defendant/Appellant, Associated Resources, Inc.'s (Associated) motion for attorney fees and costs against Plaintiff/Appellee, Boston Avenue Management, Inc. (Boston) and remanding for determination of an award of attorney fees to Associated. The COCA's decision relied ... More...   $0 (01-20-2007 - OK)

Patrick D. McConnell; Mary Elizabeth McConnell v. Matin B. Stivers, et al.

Patrick D. McConnell and Mary Elizabeth McConnell appeal from a judgment of the Jefferson Circuit Court which, as relevant to their appeal, (1) required them to remove structures encroaching upon a tract of property owned by Martin B. Stivers, Marion Patricia Stivers, William G. Norris, Jr., and Angela Rosemary Norris (collectively Norris/Stivers) and a tract of property owned by Ronald a... More...   $0 (01-20-2007 - KY)

Frank Desantis, Personal Representative of the Estate of Helen K. Chum v. William Prothero, Individually and as Administrator of the Estate of Helen Prothero

1 William Prothero, individually and as administrator of the estate of Helen Prothero, appeals the order entered November 10, 2005 by the Bradford County Court of Common Pleas granting Appellee Frank DeSantis', the personal representative of the Estate of Helen Chum, motion for judgment on the pleadings and directing Appellant to turn over the savings bonds at issue to Appellee within 30 ... More...   $0 (01-18-2007 - PA)

Donald E. Moyer; Jayne I. Moyer; Karen L. Weidner; Michael T. Williams; Rebecca Williams; Thoms C. Sechrist; Patricia D. Sechrist; Steve R. Kern; Bonnie Kern; David P. Weidner v. United Dominion Industriest, Inc.

Plaintiffs are five factory workers who allege serious and permanent hand injuries after years of using defendant's swager, a machine used to form metal. Plaintiffs claim that the swager was defectively designed because it emitted excessive vibration, and that the defendant failed to warn them of the vibration risk.

Before trial, and in accordance with Pennsylvania law, the District ... More...   $0 (01-18-2007 - PA)

Leighton K. Holi v. AIG Hawaii Insurance Company

This appeal and cross-appeal stem from a dispute between Plaintiff-Appellant/Cross-Appellee Leighton K. Holi (Holi) and Defendant-Appellee/Cross-Appellant AIG Hawaii Insurance Company, Inc. (AIG) regarding whether Holi, who was seriously injured in an automobile accident on February 10, 2002, is entitled to underinsured motorist (UIM) benefits under an automobile insurance policy (the Policy) i... More...   $0 (01-17-2007 - HI)

Mary Medeiros, et al. v. Health Net of California

In this writ proceeding, petitioners Mary and Lee Medeiros (collectively, Medeiros) challenge the trial court's order compelling them to arbitrate a dispute with their health insurer, real party in interest Health Net.1 Medeiros contends the arbitration provision at issue is unenforceable because it does not comply with the disclosure requirements set forth in Health and Safety Code section... More...   $0 (01-17-2007 - CA)

Robert D. McAdam, et al. v. Walter C. Grzelczyk et al.

On February 9, 2000, plaintiff was involved in an automobile accident in Warwick with a vehicle owned by and registered to Travelers and operated by Grzelczyk. After the accident, the lawyer representing plaintiff in connection with the accident engaged in discussions with Wausau Insurance Companies (Wausau),2 Travelers's insurer, regarding personal injuries plaintiff allegedly suffered as ... More...   $0 (01-17-2007 - RI)

Nicholas C. Sentas v. Ruth Sentas

UnknownThe defendant, Ruth Sentas (defendant), appeals pro se from a Superior Court order granting a motion to dismiss an appeal that was filed by the plaintiff, Nicholas C. Sentas (plaintiff). This case came before the Supreme Court for oral argument on November 1, 2006, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summari... More...   $0 (01-17-2007 - RI)

Transito Trujillo v. Board of Education of the Albuquerque Public Schools, et al.

Defendant Lt. Col. Mark Mayerstein appeals from the district court's order denying his motion for summary judgment on the basis of qualified immunity on plaintiff Transito Trujillo's First Amendment retaliation claim. I. Jurisdiction

We must first address the basis for this court's jurisdiction. A district court's denial of a defendant's motion for summary judgment based on qualified immu... More...   $0 (01-16-2007 - NM)

Ansley Ragan Hegwood v. Mindy Dawn Williamson

1. After an automobile accident with Ansley Ragan Hegwood, Mindy Dawn Williamson sued Hegwood and her liability insurer, State Farm Mutual Automobile Insurance Company, in the Circuit Court of the First Judicial District of Hinds County. At the completion of discovery, Hegwood filed a motion to sever Williamson's claims against Hegwood and State Farm; a hearing was held and the circuit cour... More...   $0 (01-12-2007 - MS)

Horphag Research, Ltd. v. Larry Garcia, dba Healthierlife.Com

We are called upon to consider, for a second time, Defendant Larry Garcia's use of Horphag Research Ltd's ("Horphag's") trademark Pycnogenol. In a previous appeal, we affirmed the district court's grant of judgment as a matter of law on Horphag's trademark infringement claims. See Horphag Research Ltd. v. Pelligrini, 337 F.3d 1036, 1042 (9th Cir. 2003). We vacated the district court's ord... More...   $0 (01-10-2007 - CA)

Jeld-Wen, Inc. v. The Superior Court of San Diego County and Marlborough Development Corp., et al.

In this case we hold that trial courts do not have the authority to order parties in a complex civil action to attend and pay for private mediation.

FACTUAL AND PROCEDURAL BACKGROUND

Jeld-Wen, Inc. is an uninsured cross-defendant in this multi-party construction defect case involving over $500,000 in alleged costs of repair. The trial court proposed a case management order (the o... More...   $0 (01-05-2007 - CA)

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