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Civil Procedure Law
Holladay Towne Center, LLC v. Brown Family Holdings, LC

¶1 Holladay Towne Center, LLC (HTC) appeals from the district court's judgment dismissing HTC's declaratory judgment, breach of contract, and specific performance claims against Brown Family Holdings, LC (the Browns). The Browns cross-appeal, challenging as error the district court's conclusion that certain actions taken by HTC did not constitute a material breach of contract, as was counterclaim... More...   $0 (11-20-2008 - UT)

Mission Hospital Regional Medical Center, et al. v. Sandra Shewry, etc.

We enter here into the arcane world of Medicaid law to answer a fundamental question: does a federal statute imposing notice and comment requirements apply to actions taken or mandated by a state legislature? In 2004, the California Legislature, as part of adopting a state budget after the Constitutional budget deadline had expired, proposed and enacted over only a three-day period a freeze on the... More...   $0 (11-19-2008 - CA)

Margaret Cortright v. Jayne Doyle, Carolyn Bailey and Steven Minter

Plaintiff Margaret Cortright appeals from the circuit court’s November 21, 2006 order dismissing with prejudice her intentional tort claims (counts I, II, and III) and reaffirming the dismissal of her discrimination claims (counts IV, V and VI) under a previous ruling. Cortright v. Doyle, No. 01 L 02886 (Cir. Ct. Cook Co.). On appeal, the plaintiff alleged that: (1) the intentional tort claims w... More...   $0 (11-18-2008 - IL)

Romoland School District, et al. v. Inland Empire Energy Center, LLC, et al.

The Romoland School District and several individuals and environmental groups, (collectively, “Plaintiffs”) appeal the denial of their motion for a preliminary injunction and the dismissal with prejudice of their two claims against Inland Empire Energy Center (“IEEC”), a wholly-owned subsidiary of General Electric Company. Plaintiffs brought suit against IEEC under the citizen suit provisi... More...   $0 (11-18-2008 - CA)

Discover Bank v. Joseph Stanley

[¶1.] Discover filed a motion for summary judgment in a breach of contract claim against cardholder Joseph Stanley. Discover did so without filing a statement of undisputed material facts. The circuit court granted Discover’s motion, and entered a judgment against Stanley. Stanley appeals. We reverse.


[¶2.] Joseph Stanley applied for and was granted a Discover card in March... More...
   $0 (11-18-2008 - SD)

Walter Solon and Cynthia Zaletel, et al. v. Midwest Medical Records, Association, Inc.

Plaintiffs Walter Solon and Cynthia Zaletel, on behalf of themselves and a class of others similarly situated, brought this action against defendant Midwest Medical Records Association (MMRA) seeking, inter alia, damages incurred as a result of defendant’s allegedly deceptive and illegal practice of overcharging patients for requested copies of medical records. Defendant moved to strike that por... More...   $0 (11-18-2008 - IL)

Steve Staeher, et al. v. The Hartford Financial Services Group, Inc.

This case is one of many stemming from the so-called “contingent commission”
4 arrangements between insurers and brokers that were prevalent prior to October 2004.
5 “Contingent commissions” is a euphemism for kickbacks— insurance brokers would receive
6 payments from insurers for steering business their way.
7 Appellants purport to represent all persons who acquired comm... More...
   $0 (11-17-2008 - NY)

Manco Contracting Co. (W.W.L.) v. Krikor Bezdikian

In this case we decide when a foreign judgment is final for purposes of recognition under the Uniform Foreign Money-Judgments Recognition Act (UFMJRA) (Code Civ. Proc., former § 1713.1 et seq., added by Stats. 1967, ch. 503, § 1, p. 1847, repealed by Stats. 2007, ch. 212, § 1, eff. Jan. 1, 2008)1 and what statute of limitations applies.

The UFMJRA authorizes recognition of “any foreign... More...
   $0 (11-17-2008 - CA)

Mordechai Kachlon, et al. v. Debra W. Markowitz, et al.

Edwin B. Stegman for Defendant and Appellant Debra W. Markowitz. Adleson, Hess & Kelly, Phillip M. Adleson, Berger Kahn, and G. Arthur Meneses for Defendant and Appellant Best Alliance Foreclosure and Lien Services. Kirby & McGuinn, Martin T. McGuinn, and Dean T. Kirby, Jr., for Amicus Curiae United Trustee’s Association on behalf of Defendant and Appellant Best Alliance Foreclosure and Lien Ser... More...   $0 (11-17-2008 - CA)

Marie Pfistner Delahoussaye v. Lisa Delahoussaye Kana

Appellant, Marie Pfistner Delahoussaye, appeals from a judgment in favor of appellee, Lisa Delahoussaye Kana. Delahoussaye filed suit against Kana seeking return of real property, actual damages, exemplary damages, and attorney’s fees. After a jury trial, the trial court rendered a take-nothing judgment in favor of Kana, in accordance with the jury’s verdict. In six issues, Delahoussaye assert... More...   $0 (11-15-2008 - TX)

Robert J. Carlson v. Brandon M. Stanger, et al.

Robert J. Carlson appeals from a judgment awarding damages in a personal injury action. Specifically, Carlson challenges the district court’s orders denying his motions for a directed verdict; judgment notwithstanding the verdict (j.n.o.v.); an additur or, in the alternative, new trial; and an award of costs to Brandon Stanger. Carlson also argues he is entitled to attorney fees on this appeal. ... More...   $0 (11-14-2008 - ID)

Davis County v. Progressive Northwestern Insurance Company, as the insurer of James Jensen

¶1 Davis County (the County) appeals the district court's order granting summary judgment in favor of Progressive Northwestern Insurance Co. (Progressive). We affirm.


¶2 In a related proceeding, the County sued James Jensen, the tortfeasor, and his insurer, Progressive, claiming that Progressive must reimburse the County for the intentional act committed by Progressive's... More...
   $0 (11-14-2008 - UT)

Alexis Giraldo v. California Depart of Corrections and Rehabilitation, et al.

Plaintiff’s appeal presents two questions never before decided in California:

(1) whether the relationship between jailer and prisoner is a special relationship giving rise to a duty of care to the prisoner; and (2) whether there is a private right of action for damages for violation of the cruel or unusual punishment clause of the state Constitution, article I, section 17. We answer yes ... More...
   $0 (11-14-2008 - CA)

Raymond Torres; Maria Elva Almado-Torres v. City of Los Angeles, et al.

In 2004, plaintiff Raymond Torres, who was then 16 years old, was arrested, without a warrant, on charges of murder and attempted murder. After 162 days of incarceration, Torres was released when the district attorney dismissed the charges against him. Following his release, Torres and his mother (“Plaintiffs”) brought a civil rights action against the City of Los Angeles, the Los Angeles Poli... More...   $0 (11-14-2008 - ca)

Christopher Cook; Leidra Cook v. AVI Casino Enterprises, Inc., et al.

Plaintiff Christopher Cook (“Cook”), a California resident, seeks recovery for damages suffered as a result of a motor vehicle accident in which, while on a motorcycle, he was hit by a drunk driver. The driver was an employee of defendant Avi Casino Enterprises, Inc. (“ACE”), a tribal corporation, and she allegedly became intoxicated at an Avi Casino function. Cook sued the tribal corporat... More...   $0 (11-14-2008 - NV)

Aidan Leung v. Berdugo Hills Hospital

Verdugo Hills Hospital (Hospital) petitions for a writ of supersedeas directing the trial court to reduce the amount of its appeal bond. Code of Civil Procedure section 917.1 requires the posting of an undertaking to stay a money judgment pending appeal. (§ 917.1, subd. (a)(1).)1 It sets the amount of the undertaking, if provided “by an admitted surety,” at “one and one-half times the amoun... More...   $0 (11-13-2008 - CA)

Joseph Trumm and Sara Trumm v. Arnita Westphal

Arnita Westphal appeals from a jury trial award of damages in favor of Joseph and Sarah Trumm on their breach-of-contract claim. She argues: (1) the district court erred in allowing evidence of an oral lease agreement in violation of the statute of frauds; (2) the jury‟s finding that an oral lease existed was not supported by clear and convincing evidence; (3) the district court erred in allowin... More...   $0 (11-13-2008 - IA)

Kimberly Norwood a/k/a Kimberly Elliott and Executive Catering, Inc. v. Tracy Norwood and Nor Dubois, Inc.

This appeal involves a divorce that included litigation between not only the husband and wife but also a closely-held corporation owned solely by the husband and wife and a competing corporation for which the wife went to work after the divorce proceedings began. In a single issue consisting of three distinct complaints or subissues, appellant Kimberly Norwood a/k/a Kimberly Elliott[2] challenges... More...   $0 (11-13-2008 - TX)

Carlyle Pratt v. Union Pacific Railroad Company

This appeal is from a trial court order prohibiting the defendant Union Pacific Railroad Company (Union Pacific) from compelling plaintiff Carlyle Pratt to attend a medical examination or conducting a disciplinary hearing to terminate Pratt’s employment for refusing to provide it with medical evidence justifying his continued absence from work. In the underlying suit, Pratt filed suit against hi... More...   $0 (11-12-2008 - CA)

Rodney Peterson v. William R. Shore and Roberta S. Shore

Rodney Peterson appeals from the district court’s order denying his motion for summary judgment and granting summary judgment in favor of William R. Shore and Roberta S. Shore. The Shores cross-appeal from the district court’s order denying their motion for attorney fees. For the reasons stated below, we affirm the summary judgment but reverse the denial of attorney fees and remand for additio... More...   $0 (11-12-2008 - ID)

1800 Ocotillo, Inc. v. The WLB Group, Inc.

¶ 1 This case involves a contract providing that a surveyor’s liability to its client for negligently performing work may not exceed the surveyor’s fees. We hold that the liability-limitation clause is neither contrary to public policy nor subject to Arizona’s constitutional requirement that the defense of assumption of risk always be submitted to a jury.

   $0 (11-12-2008 - AZ)

Andrew Robinson International, Inc., et al. v. Hartford Fire Insurance Company

This is a diversity case, and the parties agree that Massachusetts law controls. The hostilities initially took the form of a garden-variety insurance dispute — but the case has now morphed into an interesting question about the preclusive effect (if any) of a declaratory judgment on a subsequent action for damages arising out of the same nucleus of operative facts. The district court determined... More...   $0 (11-10-2008 - MA)

HR Acquisition I Corporation v. Twin City Fire Insurance Company

This appeal involves a dispute over insurance coverage. Plaintiff-Appellee Capstone Capital Corporation (“Capstone”), a real estate investment 1 trust, sued its insurance carrier Defendant-Appellant Twin City Fire Insurance Company (“Twin City”) for coverage of litigation expenses related to defending a particular lawsuit.

In moving for summary judgment, Twin City argued to the dist... More...
   $0 (11-10-2008 - AL)

Richard C. Barnett v. Darryl K. Simmons and paul A. Ranks, individually, and as partners d/b/a Rock Oil Company

¶1 Plaintiff Richard C. Barnett (Barnett) sued defendants Darryl K. Simmons and Paul A. Franks, individually and as partners doing business as Rock Oil Company (Rock Oil), seeking unpaid royalties on sales of oil allegedly owed to him by Rock Oil as operator of a well producing on the Osborn lease. Barnett alleged that he had been underpaid for royalties on the Osborn lease and that Rock Oil had ... More...   $0 (11-10-2008 - OK)

Clemencia Aguilar v. Autobuses Locano, Inc. and Lucano Transports

In a single issue, Appellant Clemencia AguilarCwho is the plaintiff in the underlying litigationCcontends that the trial court erred by granting a take nothing default judgment against her.

Aguilar filed suit against Appellees Autobuses Lucano, Inc. and Lucano Transports for personal injuries she sustained as a passenger on one of Appellees= buses when the bus struck another vehicle. At th... More...
   $0 (11-10-2008 - TX)

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