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Civil Procedure Law
 
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)

Teresa Hardy appeals the trial court's denial of her motion to reform an associate judge's decision in the underlying matter and motion for sanctions. In four issues, Hardy argues Leroy Mitchell's claim of loss of consortium was frivolous and groundless and must be characterized as a claim of interference with a possessory interest under the family code; Mitchell's claim of fraud was not co... More...   $0 (07-01-2006 - TX)

Detroy Marshall, Jr., as Personal Representative and Administrator of the Estate of Detroy Marshall III, Deceased, v. Burger King Corporation, et al.

Plaintiff, Detroy Marshall, Jr., as personal representative and administrator of the estate of his son, Detroy Marshall III, filed a negligence action in the circuit court of Winnebago County against Burger King Corporation, Davekiz, Inc., Pamela Fritz, and various insurers. The decedent was killed when a car driven by Fritz crashed through the wall of the Burger King restaurant where the dece... More...   $0 (06-28-2006 - IL)

Amy Graham and Kenneth Royal v. Hyundai Motor America

Amy Graham, Kenneth Royal and Jeffrey Shoemaker(1), filed complaints against defendant, Hyundai Motor America (Hyundai), and alleged that they were sold defective vehicles. Hyundai filed motions to dismiss the plaintiffs' complaints predicated on section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2002)), but the motions were denied. However, the trial court granted Hyundai's requ... More...   $0 (06-22-2006 - IL)

Jorma A. Virtanen v. Christopher P. O'Connell, et al.

An attorney representing the purchaser of stock agreed to act as an escrow holder for the transaction. The seller delivered his stock certificates to the attorney, to be held in escrow. After delays in the closing of the transaction, the seller decided to terminate the sale. He provided to both the purchaser and the attorney a written notice of rescission and demand to return documents. Thi... More...   $0 (06-20-2006 - CA)

Callie Escue v. Northern Oklahoma College and Richard Finton

Callie Escue, formerly a student at Northern Oklahoma College (NOC), alleges that Richard Finton, her professor in spring 2002, sexually harassed her, and that NOC failed to supervise and investigate adequately Mr. Finton in this, and other prior incidents. The district court granted NOC's motion for summary judgment, and a jury found in favor of Mr. Finton. Here, Ms. Escue appeals the district... More...   $0 (06-16-2006 - OK)

Corinne Thompson v. Christie Gordon, et al.

At issue in this case is whether a civil engineer must be licensed in Illinois pursuant to the Professional Engineering Practice Act of 1989 (the Engineering Act) (225 ILCS 325/1 et seq. (West 2002)), in order to testify as an Illinois Supreme Court Rule 213 (177 Ill. 2d R. 213) retained opinion witness in an Illinois civil action. The circuit court of Lake County held that an engineer must be... More...   $0 (06-13-2006 - IL)

Marvel Davis v. Kirk Brown, et al.

Section 4-510 of the Illinois Highway Code (605 ILCS 5/4-510 (West 2004)) authorizes the Illinois Department of Transportation to prepare and record maps that "establish presently the approximate locations and widths of rights of way for future additions to the State highway system." Pursuant to this statute, the Department of Transportation prepared and recorded a map that set forth a right-o... More...   $0 (06-13-2006 - IL)

Gabriela Gonzalez v. Emelike I. Kalu

Gabriela Gonzalez appeals a summary judgment in a legal malpractice action based on the statute of limitations, Code of Civil Procedure section 340.6. After filing an administrative complaint against her employer with the Department of Fair Employment and Housing (DFEH) and telling Gonzalez that the case would take a very long time and that he would call her or send her a letter, Emelike I... More...   $0 (06-06-2006 - CA)

Dimaio Family Pizza & Luncheonette, Inc.; Anthony A. Dimaio v. The Charter Oak Fire Insurance Company

On December 7, 2004, the United States District Court for the District of Massachusetts entered summary judgment in favor of Charter Oak Fire Insurance Company ("Charter Oak") in an action brought by appellants Anthony A. DiMaio ("DiMaio") and DiMaio Family Pizza & Luncheonette, Inc. ("DiMaio Family Pizza"). On January 25, 2005, the district court denied appellants' motion for relief from summa... More...   $0 (06-01-2006 - MA)

Isla Nena Air Srvices, Inc., et al. v. Cessna Aircraft Company, et al.

Plaintiffs-Appellants Isla Nena Air Services, Inc. and its successor in interest San Juan Jet Charter, Inc. (hereinafter "Isla Nena") brought suit against defendants-appellees Cessna Aircraft Company ("Cessna") and Pratt & Whitney Canada Corporation ("PWC") in the United States District Court for the District of Puerto Rico. The complaint alleged claims arising from an airplane crash near Culeb... More...   $0 (06-01-2006 - PR)

William Thomas, et al. v. Duggin Construction Company, Inc., et al.

The principal issue presented in this case is whether an intentional tortfeasor is entitled to a reduction or apportionment of noneconomic damages under Proposition 51 (otherwise known as the Fair Responsibility Act of 1986 and codified in Civil Code sections 1431 to 1431.5). We answer this question in the negative.

William Thomas and Woodrow C. Taylor (the plaintiffs) sued Duggins Con... More...   $0 (05-27-2006 - CA)

Daniel L. Berglund v. Arthroscopic & Laser Surgery Center of San Diego, L.P.

Daniel L. Berglund, in the arbitral forum, subpoenaed documents from nonparty Arthroscopic & Laser Surgery Center, L.P. (ALSC). The arbitrator ordered ALSC to produce the documents for his in camera review. ALSC brought a motion for a protective order in the superior court, which ruled it did not have jurisdiction to review the arbitrator's discovery order because the arbitrator had exclusive a... More...   $0 (05-25-2006 - CA)

Timothy Paulus v. Bob Lynch Ford, Inc., et al.

In an earlier lawsuit brought in 2003 (the prior suit), Timothy Paulus was sued by his competitor in an unsuccessful attempt to prevent him from developing a Ford automobile dealership in Morgan Hill, California. That prior suit was brought under Business and Professions Code section 17200 et seq. (the unfair competition law (UCL))1 by an established, Gilroy-based Ford automobile dealership... More...   $0 (05-18-2006 - CA)

V.C., a Minor, etc. v. Los Angeles Unified School District

Plaintiff and appellant V. C., a minor, by and through her guardian ad litem Maria O., appeals from an order dismissing her complaint with prejudice following the trial court's order sustaining a demurrer without leave to amend filed by defendant and respondent Los Angeles Unified School District (District). The trial court found that V. C.'s complaint was barred by her failure to present a ... More...   $0 (05-16-2006 - CA)

Prime Care of Northeast Kansas, LLC, et al. v. Humana Insurance Company, et al.

The Class Action Fairness Act of 2005 (CAFA), Pub. L. No. 109-2, 119 Stat. 4, amended 28 U.S.C. § 1332(d) to confer federal jurisdiction over class actions involving at least 100 members and over $5 million in controversy when minimal diversity (between any defendant and any plaintiff class member) is met. CAFA also added its own removal statute, permitting any defendant to remove a qualifying ... More...   $0 (05-16-2006 - KS)

Ferrellgas, Inc. v. Edward A. Smith, P.C., et al.

The trial court granted summary judgment in favor of Respondents Edward A. Smith, P.C., et al., because the claims brought against them by Appellant Ferrellgas, Inc. were barred by the applicable statute of limitations. Ferrellgas appeals. The judgment is affirmed.

Factual and Procedural Background

This appeal arises from a lawsuit filed by Ferrellgas, Inc. against Edward A. Smith, ... More...   $0 (05-11-2006 - MO)

Chase Manhattan Mortgage Corp.

Chase Manhattan brought this diversity suit against Moore to foreclose its mortgage on his home, order the home sold, and, if the proceeds of the sale were insufficient to satisfy Chase's debt, enter a deficiency judgment for the unpaid balance. Chase moved for sum-mary judgment, which the district judge denied. But on Chase's motion to reconsider, the judge, upon discovering that the do... More...   $0 (05-09-2006 - IL)

Chase Manhattan Mortgage Corp.

Chase Manhattan brought this diversity suit against Moore to foreclose its mortgage on his home, order the home sold, and, if the proceeds of the sale were insufficient to satisfy Chase's debt, enter a deficiency judgment for the unpaid balance. Chase moved for sum-mary judgment, which the district judge denied. But on Chase's motion to reconsider, the judge, upon discovering that the do... More...   $0 (05-09-2006 - IL)

Steven G. Andrews v. E.I. Du Pont De Nemours and Company

Steven Andrews ("Andrews") was transporting thousands of pounds of ink for E.I. du Pont de Nemours and Company ("DuPont") when his truck tipped over on a highway ramp. Andrews sued DuPont for negligently loading the truck. When DuPont won a summary judgment, Andrews moved the district court to alter or amend its judgment under Rule 59(e) of the Federal Rules of Civil Procedure. That reque... More...   $0 (05-09-2006 - IL)

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