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Civil Procedure Law
Abilene Retail #30, Inc. v. Board of County Commissioners of Dickinson County, Kansas; Keith D. Hoffman

Abilene Retail #30, Inc. ("Abilene") appeals from a district court order granting summary judgment in favor of the Board of County Commissioners of Dickinson County, Kansas (the "Board"). Abilene, which owns and operates an adult bookstore in Dickinson County named "The Lion's Den," challenged a zoning ordinance which restricts The Lion's Den's location and mode of operation. Abilene contends... More...   $0 (07-19-2007 - KS)

Mardirossian & Associates, Inc. v. Seth Ersoff

Seth Ersoff appeals from the judgment entered in this action in quantum meruit filed by his former legal counsel, Mardirossian & Associates, Inc. (M&A), to recover attorney fees. Ersoff asserts the trial court committed multiple errors before, during and after trial and contends the jury's special verdict is not supported by substantial evidence.

Ersoff and his trial counsel also cha... More...   $0 (07-16-2007 - CA)

Michael DiPirro v. Bondo Corporation

Plaintiff Michael DiPirro (DiPirro) filed a complaint against defendant Bondo Corporation (Bondo) seeking enforcement of the provisions of the California Safe Drinking Water and Toxic Enforcement Act of 1986 (the Act) (Health & Saf. Code, §§ 25249.5–25249.13).1 The action was bifurcated, and respondent's defense of a statutory exemption from the warning and enforcement provisions of the Act... More...   $0 (07-16-2007 - CA)

Richard N. Lewis, et al. v. Caroline Lewis Hunt, et al. v. United States of America

Richard N. Lewis and William J. Lewis, as trustees of the Turner Hunt Lewis Trust, and as co-administrators of the Succession of Turner Hunt Lewis, brought this suit in a Louisiana state court seeking instructions as to the validity under Louisiana law of a certain provision of the trust instrument, or, alternatively, for a concursus proceeding. They named the United States as a party, a... More...   $0 (07-13-2007 - LA)

Aviation Data, Inc., et al. v. American Express Travel Related Services, Inc., et al.

May a party lose its contractual right to compel arbitration if, when negotiating and seeking approval of a class action settlement, it misrepresents the benefits of the proposed settlement to the court, opposing counsel and others? Here the trial court refused to approve a class action settlement when it concluded that counsel for defendant American Express Travel Related Services Company,... More...   $0 (07-10-2007 - CA)

Appellee, Wani Venture, A.S., successor in interest to Norgips USA, Inc. (collectively "Norgips") filed a suit on a sworn account against several defendants, alleging of fraud and seeking to pierce the corporate veil. As of the time of trial, all of the original defendants had filed bankruptcy, had been severed out of the case, or had been non-suited, with the exception of appellant, Marcie Mc... More...   $0 (07-02-2007 - TX)

Crestwood Cove Apartments Business Trust dba Cottonwood Creek Aparemtns and Shangri-Law UBO

1 This appeal arises from a claim that Shawn Turner and his law firm, Larsen, Kirkham & Turner (collectively, "Turner"), committed malpractice when representing Shangri-La, U.B.O., in a redemption lawsuit. Shangri-La and its successor, Crestwood Cove Apartments Business Trust (collectively, "Shangri-La"), allege that Turner committed malpractice by failing to timely contest the applicatio... More...   $0 (06-22-2007 - UT)

Ton's Remodeling v. Fung's Kitchen, Inc., Double Duck, Inc., Man Ling Fung, and Tat Hoi Fung

Appellant, Ton's Remodeling ("Ton's"), appeals the trial court's grant of a no-evidence summary judgment in favor of appellees, Fung's Kitchen, Inc. ("FK"), Double Duck, Inc. ("DD"), Man Ling Fung ("Man"), and Tat Hoi Fung ("Tat"). In two issues, Ton's contends that (1) the summary judgment in favor of Tat was improper because Ton's presented some evidence as to each element of its claims again... More...   $0 (06-22-2007 - TX)

Maxlyn Cadlo v. Metalclad Insultation Corporation

Two days after a jury verdict in his favor in his asbestos-related personal injury action against defendants Metalclad Insulation Company (Metalclad) and John Crane Inc. (Crane),1 Anthony Cadlo (Cadlo) died. Judgment was entered on April 4, 2005, more than one week after his death, on behalf of his widow Maxlyn Cadlo (Maxlyn Cadlo), individually and as successor in interest to her husband.2... More...   $5750000 (06-12-2007 - CA)

Gil N. Mileikowsky v. West Hills Hospital Medical Center, et al.

On August 19, 2003, the governing board of respondent West Hills Hospital and Medical Center (Hospital) upheld the dismissal, by the hearing officer, of appellant Gil N. Mileikowsky's challenge to the Hospital's decision to deny appellant staff privileges. The dismissal was based on the fact that appellant declined to furnish documents relating to proceedings involving appellant at Cedars-S... More...   $0 (06-12-2007 - CA)

Aaron Flint v. George Dennison, in his official Capacity as President of the University of Montana-Missoula(UMT), etc., et al.

We are called upon to decide whether the University of Montana may impose a dollar limit on what a student may spend on his campaign for student office. The University's limit did not affect how the money could be spent; rather, it directly told a student how much he could spend to get elected. The Federal Election Campaign Act of 1971 could not tell James Buckley how much of his money ... More...   $0 (06-06-2007 - MT)

Michael A. Zamani, et al. v. H. Gene Carnes, et al.

In January 2000, the Carneses, who were residents of Nevada, commenced a declaratory judgment action against appellees, California residents Michael A. Zamani and Nancy Miller-Wallace, who was then married to Mr. Zamani and known as Nancy Zamani ("the Zamanis"). The Carneses prevailed in that action and a judgment for attorney fees and costs was entered against the Zamanis, which the Carn... More...   $0 (06-06-2007 - CA)

Nicole H. Code fka Nicole L. Handrahan v. Utah Department of Health and Utah School for the Deaf and blind

1 Nicole Code filed a complaint against the Utah Department of Health and the Utah School for the Deaf and Blind (Defendants) alleging breach of contract and wrongful termination. Defendants filed a motion to dismiss pursuant to Utah Rule of Civil Procedure 12(b)(6). The district court issued a memorandum decision on January 10, 2005, which said, "For the reasons stated above, the Court d... More...   $0 (05-18-2007 - UT)

Nevin Pratt and Denise Pratt v. Mary Ann Nelson (Roe), et al.

1 The plaintiffs, Nevin and Denise Pratt (the "Pratts"), filed a defamation claim against the defendants, Mary Ann Nelson and her attorneys (the "Nelsons"). The Pratts' claim arose from statements the Nelsons made and distributed to the media during the course of a press conference.

2 We granted certiorari in this case and are presented with three issues: (1) whether the invited er... More...   $0 (05-18-2007 - UT)

S.M. Wilson & Company v. Urban Concrete Contractors

Urban Concrete Contractors, Ltd. ("Urban") sued S.M. Wilson & Co. ("Wilson") for damages resulting from Wilson's breach of an oral construction agreement. A jury returned a verdict in favor of Urban, and the trial court entered judgment against Wilson. Because there is legally insufficient evidence to support the jury's findings, we reverse the trial court's judgment and render judgment that Ur... More...   $0 (05-16-2007 - TX)

Ernesto R. Vasquez v. Los Angeles County, et al.

Plaintiff-Appellant Ernesto R. Vasquez appeals the district court's dismissal of his 42 U.S.C. § 1983 action for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Vasquez alleges that Defendants, the County of Los Angeles ("LA County") and the members of the LA County Board of Supervisors, violated the Establishment Clause of the First Amendment by removing the im... More...   $0 (05-15-2007 - CA)

Los Cucos Mexican Cafe, Inc. appeals from two summary judgments granted in favor of Begnigno Sanchez, Israel Trevino, and Roy Pina ("appellees"). By three issues, Los Cucos contends summary judgment was improper because (1) it presented more than a scintilla of evidence to support each of the elements of its asserted causes of action, (2) the trial court granted summary judgment on causes of ac... More...   $0 (05-14-2007 - TX)

Julie Tschaggeny v. Milbank Insurance Company

Unknown1 Julie Tschaggeny was injured in an automobile accident and submitted a claim to Milbank Insurance Company ("Milbank") under her uninsured motorist policy. Milbank denied coverage, and Tschaggeny sued for a determination of benefits.1 A jury awarded a verdict for Tschaggeny, but she argues that the final judgment amount was inadequate in three separate respects.

2 First, Tscha... More...   $0 (05-11-2007 - UT)

Clay Campbell, et al. v. The Automobile Insurance Company of Hartford Connecticut and S. Craig Gideon

Appellants Clay Campbell, Claire Campbell and Charles Campbell, Footnote acting "Individually and as Executors and Beneficiaries of the Charles K. Campbell Trust" sued The Automobile Insurance Company of Hartford, Connecticut and S. Craig Gideon (collectively referred to as "AIC"). Appellants appeal the trial court's grant of a take-nothing summary judgment in favor of AIC. We will vacate the ... More...   $0 (05-09-2007 - TX)

The Robert N. Clemens Trust, et al. v. Morgan Stanley DW, Inc.

The Robert N. Clemens Trust, Automobile Consumer Service Corporation, John D. Brandon, Jr., Pat F. Wakefield, and Marty D. Jackson (collectively the "Plaintiffs") brought this class-action suit against Morgan Stanley DW, Inc. ("Morgan Stanley"). Plaintiffs allege that Morgan Stanley's brokers recommended to Plaintiffs the purchase of unsuitable securities in violation of Section 10(b) of th... More...   $0 (05-02-2007 - OH)

James Barfield and Chris Barfield v. Commerce Bank, N.A.

Chris Barfield, an African-American man, entered a Commerce Bank branch in Wichita, Kansas, and requested change for a $50 bill. He was refused change on the ground that he was not an account-holder. The next day, Chris Barfield's father, James Barfield, asked a white friend, John Polson, to make the same request from the bank. Mr. Polson was given change, and the teller never asked whether he ... More...   $0 (05-01-2007 - KS)

Brenda Lindsey, et al. v. Detroit Entertainment, LLC d/b/a Motor City Casino

Plaintiffs are seven unrelated individuals who were each detained by employees of Defendant Detroit Entertainment, L.L.C., which owns and operates MotorCity Casino, for picking up allegedly abandoned tokens or credits found in Defendant's slot machines. Plaintiffs brought this action under 42 U.S.C. § 1983, claiming that Defendant violated their constitutional rights under color of state la... More...   $0 (05-01-2007 - MI)

City of Monte Sereno v. Darla Padgett, et al.

The City of Monte Sereno ("City") sued defendants Darla and Joseph Padgett for abatement of a public nuisance and violations of the Monte Sereno Municipal Code (MSMC). The parties settled before trial, with an agreement that the action would be "deemed dismissed" upon defendants' compliance with the City's demands, and that the City could thereafter seek its attorney fees. The trial court a... More...   $0 (04-27-2007 - CA)

Gail M. Smith v. Aquila, Inc.

Gail Smith appeals the judgment of the Jackson County Circuit Court. The court granted Aquila, Inc. (Aquila) summary judgment on Ms. Smith's claim that her termination from employment was the result of racial discrimination. In her sole point on appeal, Ms. Smith claims the summary judgment was error because whether her termination was based on her race was a genuine issue of material fact. The... More...   $0 (04-25-2007 - MO)

Sean Breen, as Administrator of the Estate of Christopher Breen, et al. v. Texas A&M University, et al.

These consolidated appeals arise out of the violent collapse of the Texas A&M University bonfire stack on November 18, 1999, which killed 12 students and injured 27 others. In these appeals, plaintiffs seek to overturn the district court's grant of summary judgment under Federal Rule of Civil Procedure 56 dismissing their 42 U.S.C. § 1983 claims against University officials for damages res... More...   $0 (04-24-2007 - TX)

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