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Civil Procedure Law
 
Katren A. Clark v. Mahvash Mazgani

A landlord successfully evicted a long-term tenant from a rent-controlled apartment, ostensibly to free the unit for occupancy by the landlord’s daughter. The landlord’s daughter never moved in, and the tenant sued the landlord for fraud and unlawful eviction, and failure to pay relocation expenses. The landlord responded with a special motion to strike (Code Civ. Proc., §425.16), arguing the... More...   $0 (02-09-2009 - CA)

United National Insurance Company v. Spectrum Worldwide, Inc., et al.

Spectrum Worldwide, Inc. (“Spectrum Worldwide”), Celebrity Products Direct, Inc. and Celebrity Products, Inc. (collectively “Celebrity”), Spectrum Worldwide’s president Murray Moss (“Moss”), CEO Lisa Tremain (“Tremain”), and CFO Howard Schwartz (“Schwartz”) (all of the defendants hereinafter referred to as “Spectrum”) asks this court to determine whether the “first publ... More...   $0 (02-09-2009 - CA)

Gregg Hill v. Mr. Money Finance Company & First Citizens Banc Corporation

Gregg Hill sued First Citizens Banc Corp. and Mr. Money Finance Co. (“First Citizens” and “Mr. Money”; collectively, “Defendants”) for retaliation and wrongful termination, in violation of Ohio and federal whistleblower laws, and Ohio public policy. Defendants counterclaimed, seeking sanctions, alleging frivolous conduct by Hill under Ohio Civ. R. 11, Ohio Rev. Code §2323.51 and Fed. ... More...   $0 (02-06-2009 - OH)

Shaun L. Christensen v. Park City Municipal Corporation, et al.

This case involves the enforcement of municipal ordinances forbidding any person, with certain exceptions, from selling goods or merchandise on the streets, in the parks, or on other city property against a visual artist selling his own work.1

I. Background

According to the first amended complaint, which for purposes of this appeal of the grant of a motion to dismiss we assume to be ... More...
   $0 (02-06-2009 - UT)

Gregg Hill v. Mr. Money Finance Company & First Citizens Banc Corporation

Gregg Hill sued First Citizens Banc Corp. and Mr. Money Finance Co. (“First Citizens” and “Mr. Money”; collectively, “Defendants”) for retaliation and wrongful termination, in violation of Ohio and federal whistleblower laws, and Ohio public policy. Defendants counterclaimed, seeking sanctions, alleging frivolous conduct by Hill under Ohio Civ. R. 11, Ohio Rev. Code §2323.51 and Fed. ... More...   $0 (02-06-2009 - OH)

David Myrick, Jr. v. Nelson's Legal Investigating & Consulting and Chris Nelson d/b/a Nelson's Legal Investigating & Consulting

This is an appeal from a summary judgment in favor of appellees. The underlying lawsuit was brought by appellant, David Myrick, Jr. ("Myrick"), against appellees, Nelson's Legal Investigating & Consulting, and Chris Nelson individually and doing business as Nelson's Legal Investigating & Consulting (collectively "Nelson").


BACKGROUND

In 1998, Myrick contacted Nelson in Utah rega... More...
   $0 (02-04-2009 - TX)

Lou Vallario, Sheriff of Garfield County, et al. v. Clarence Vandehey; William Langley; Samuel Lincoln; Jared Hougue

The Eighth Amendment, as incorporated against the states through the Fourteenth Amendment, precludes state prison officials from “knowingly and unreasonably disregarding an objectively intolerable risk of harm” to inmate health or safety. See Farmer v. Brennan, 511 U.S. 825, 846 (1994). Respondents, four prior inmates, contend they were exposed to, among other things, such an unconstitutional ... More...   $0 (02-04-2009 - CO)

Chris Jackson v. County of Washtenaw

Plaintiff-appellant Chris Jackson (“Jackson”) appeals the district court’s order granting the defendant Detective Everette Robbins’ (“Detective Robbins”) motion for summary judgment on Jackson’s § 1983 federal civil rights claim in which he alleges that Detective Robbins created false testimony and evidence in order to charge and arrest Jackson in a “cold case” murder in violati... More...   $0 (02-04-2009 - MI)

Spirtas Company v. The Insurance Company

Appellants are a collection of related individuals, demolition firms, and environmental remediation firms. Appellee, The Insurance Company of the State of Pennsylvania (“ICSP”), is a provider of surety bonds. ICSP required Appellants to enter into two general indemnity agreements in favor of ICSP as a condition for ICSP to issue a surety bond guaranteeing that one of the appellants, Spirco Env... More...   $0 (02-03-2009 - MO)

Sanford Green, et al. v. Norman H. Ziegelman, et al.

Defendants appeal as of right a $156,313 judgment entered by the circuit court in favor of plaintiffs and against defendant Norman H. Ziegelman (Ziegelman), individually, on plaintiffs’ claim of breach of an architect agreement. Ziegelman’s liability for the breach was determined postjudgment through proceedings supplementary to judgment, and liability was predicated on an alter ego theory, wi... More...   $0 (02-03-2009 - mi)

Ronald C. Priddy, et al. v. John V. Rawson, et al.

Ronald C. Priddy ("Priddy"), Sammy Bingham ("Bingham"), and Douglas McGraw ("McGraw") (collectively "appellants") appeal the summary judgment granted in favor of appellees, John V. Rawson ("Rawson"), Rick Stevens, E.M. (Liz) Stevens, Steve J. Schifani ("Schifani"), and Richard Dickson ("Dickson"), on appellants' claims of fraud, breach of fiduciary duty, director liability for deed-restriction vio... More...   $0 (02-03-2009 - TX)

Environmental Procedures, Inc. v. George E. Guidry, et al.

We grant appellants' motion for rehearing, deny as moot their motion for rehearing en banc, withdraw our opinions of April 17, 2008, and substitute this majority opinion on rehearing.

This multi-issue appeal arises from a dispute between an insurance broker and his clients as a result of the marketing and sale of several insurance policies. Appellants Environmental Procedures, Inc. and A... More...
   $0 (02-03-2009 - TX)

James G. Thomas, Jr., Brother and Next of Kin of Karen G. Thomas, Deceased v. Elizabeth Oldfield, M.D., et al.

On December 8, 2004, Karen Thomas underwent abdominal surgery at Centennial Medical Center in Nashville, Tennessee. She was discharged on December 11, 2004, and went to her father’s home in Lawrenceburg, Tennessee, to recover from her surgery. On December 13, 2004, Ms. Thomas was admitted to the emergency department of Crockett Hospital in Lawrenceburg complaining of abdominal pain. Dr. Charles ... More...   $0 (02-02-2009 - TN)

Cheryl Brown Giggers et al v. Memphis Housing Authority et al

On March 7, 2002, at approximately 11:45 a.m., L.C. Miller, a tenant in Jefferson Square, one of several public housing projects owned by the Memphis Housing Authority (“MHA”), argued with the housing project’s security guard, fired shots in the direction of his office, and struck and killed Charles Cornelius Brown, Sr., another tenant at the facility who happened to be in the office area at... More...   $0 (02-02-2009 - TN)

James G. Thomas, Jr. v. Elizabeth Oldfield, M.D., et al.

On December 8, 2004, Karen Thomas underwent abdominal surgery at Centennial Medical Center in Nashville, Tennessee. She was discharged on December 11, 2004, and went to her father’s home in Lawrenceburg, Tennessee, to recover from her surgery. On December 13, 2004, Ms. Thomas was admitted to the emergency department of Crockett Hospital in Lawrenceburg complaining of abdominal pain. Dr. Charles ... More...   $0 (02-02-2009 - TN)

Wayne Jaggers v. City of Alexandria, Alexandria City Council

This interlocutory appeal arises from a suit by Plaintiffs-Appellees Wayne and Mabelle Jaggers and Speedway SuperAmerica LLC. Plaintiffs brought suit under 42 U.S.C. § 1983 against Defendants-Appellants City Council Members Stacey Graus, William Rachford, Bobbi Jo Farmer and Barbara Weber (collectively, “Council Members”) in their individual and official capacities, alleging, inter alia, that... More...   $0 (02-02-2009 - KY)

Michael H. Levitin v. The Michael Group, LLC and Sandra Holmes

In two points of error, appellant Michael H. Levitin claims the trial court erred in granting summary judgment in favor of Sandra Holmes on her breach of indemnity agreement claim and in favor of The Michael Group, L.L.C. on its breach of contract claim. We reverse the trial court's summary judgment in favor of Holmes and remand this portion of the case to the trial court. We affirm the trial cour... More...   $0 (02-02-2009 - TX)

Teresa DeYoung, et al. v. John M. Ruggerio and The Law Office of John M. Ruggerio

¶ 1. DOOLEY, J. This is an action by clients (hereinafter plaintiffs) against a lawyer who misappropriated funds belonging to the clients. The complaint sought the funds, additional compensatory damages, and punitive damages on multiple theories. The lawyer failed to answer the complaint, and the superior court entered a default judgment in favor of plaintiffs. Thereafter, the co... More...   $0 (01-30-2009 - VT)

CFA Institute v. Institute of Chartered Financial Analysts of India

The Institute of Chartered Financial Analysts of India ("ICFAI") appeals from the district court’s September 2007 reinstatement of a 1998 default judgment in favor of the plaintiff, the CFA Institute.1 By its ruling, the court determined that it possessed personal jurisdiction over ICFAI under Federal Rule of Civil Procedure 4(k)(2). On appeal, ICFAI contends that the court erred in its applicat... More...   $0 (01-30-2009 - VA)

Sherry Pressley v. Tupperware Long Term Disability Plan; the Prudential Insurance Company of America

Sherry Pressley appeals from the district court’s dismissal, for being time-barred, of her claim against The Prudential Insurance Company of America ("Prudential") for its failure to respond to a request for information, in contravention of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 ("ERISA"). See Pressley v. Tupperware Long Term Disability Plan, No. 4:05-cv-01... More...   $0 (01-30-2009 - SC)

Steven M> Krenning and Joyce C. Krenning v. Heat MOuntain Irrigation District and James Flowers

[¶1] Steven and Joyce Krenning brought suit against the Heart Mountain Irrigation District and its employee, James Flowers, seeking recovery for personal injuries Mr. Krenning suffered in an altercation with Mr. Flowers. The district court ruled that the Irrigation District and Mr. Flowers were immune from liability pursuant to the Wyoming Governmental Claims Act (WGCA), and granted summary judg... More...   $0 (01-29-2009 - WY)

Board of Managers of Wespark Condominium Association v. Neumann Homes, Inc.

Construction problems led the plaintiff condominium owners, Board of Managers of Wespark Condominium Association (Wespark), to sue the defendant builders, Neumann Homes, Inc. (Neumann), and the builders in turn filed a third-party complaint against TBS Construction, Inc. (TBS), the third-party defendant subcontractor. The trial court found the third-party complaint timely under section 13-204 of t... More...   $0 (01-29-2009 - IL)

Raymond R. "Trey" Fulp, III, D.O. and Columbia Rio Grande Healthcare, L.P., d/b/a Rio Grande Regional Hospital v. Robert Miller

Appellants, Raymond R. Fulp III, D.O. and Columbia Rio Grande Healthcare, L.P. d/b/a Rio Grande Regional Hospital (the "Hospital"), appeal a judgment denying their motions to dismiss a health care liability claim filed by appellee, Robert Miller. By one issue, Fulp argues that the trial court abused its discretion in denying his motion to dismiss because Miller did not timely submit expert report... More...   $0 (01-29-2009 - TX)

Jerry Bergthold v. Winstead Sechrest & Minick, P.C.

This is a legal malpractice case. Appellant Jerry Bergthold appeals from the trial court=s grant of summary judgment in favor of Appellee Winstead Sechrest & Minick, P.C. (Winstead). Because the summary judgment evidence conclusively negates the existence of any attorney-client relationship, as well as the existence of Bergthold=s expectation of representation by Winstead, we will affirm.
More...
   $0 (01-29-2009 - TX)

Debra Haybarger v. Lawrence County Adult Probation and Parole,e t al.

State governments and their subsidiary units are immune from suit in federal court under the Eleventh Amendment. We have held that Pennsylvania’s judicial districts are arms of the state entitled to Eleventh Amendment immunity. Benn v. First Judicial Dist. of Pa., 426 F.3d 233, 240 (3d Cir. 2005). This immunity is not absolute, however. Under the Rehabilitation Act, States waive their immunity w... More...   $0 (01-29-2009 - PA)

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