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Civil Procedure Law
 
Stuart Breham IV v. 21st Century Insurance Company

Stuart Brehm IV, appeals from the order of dismissal entered after the trial court sustained without leave to amend 21st Century Insurance Company’s demurrer to his second amended complaint for breach of the implied covenant of good faith and fair dealing. Brehm contends the trial court misapplied the genuine dispute rule, which protects an insurer from a bad faith claim when its denial of benef... More...   $0 (09-16-2008 - CA)

David Pesnell v. Jeffrey Arsenault, et al.

This case involves an action brought by Pesnell in California for claims of federal constitutional violations and for claims of violations of the federal and state civil Racketeer Influenced and Corrupt Organizations Act (“RICO”). The principal issue in this case is whether these claims against employees of the government are barred by a judgment in an action brought by Pesnell in Arizona agai... More...   $0 (09-16-2008 - CA)

Cincinnati Indemnity Company v. A&K Construction Company, dba Kirchner & Company; Kevin Kirchner

Cincinnati Indemnity Company issued a workers’ compensation policy to A&K Construction Company d/b/a Kirchner and Company (A&K). Cincinnati sued for a declaratory judgment that Kevin Kirchner was not an A&K employee when he was injured on May 17, 2006. Both Kirchner and A&K moved to dismiss for lack of subject matter jurisdiction. The district court granted the motions to dismiss under Federal R... More...   $0 (09-15-2008 - MO)

Rockwell Automation, Inc. v. National Union Fire Insurance Company of Pittsburgh, P.A. v. Travelers Indemnity Company

Following a state court trial in Missouri, a jury found Rockwell Automation, Inc. (“Rockwell”) liable for damages exceeding $97 million. The court also awarded post-judgment interest which eventually accrued to over $18 million. Rockwell’s excess insurers, National Union Fire Insurance Company of Pittsburgh (“National Union”), Federal Insurance Company (“Federal”), and Gulf Insurance... More...   $0 (09-15-2008 - WI)

Michael Germano v. International Profit Association, Inc., et al.

Michael Germano is a man with a severe hearing impairment who applied for a tax advisor position with Defendant International Tax Advisors, Inc. (“ITA”). Believing that ITA rejected him for the position because of his disability, he filed suit against ITA in district court under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12111-17 (2000). He also named as defendants other c... More...   $0 (09-15-2008 - IL)

Matthew Thomas, et al. v. State of Rhode Island, et al.

Appellants are seven members of the Narragansett Indian Tribe ("the Tribe") The appellants are Narragansett Indian Tribe members MatthewThomas, Randy Noka, Bella Noka, Hiawatha Brown, John Brown, ThawnHarris, and Adam Jennings.


Close who brought suit under 42 U.S.C. § 1983 claiming that Rhode Island state officials, including state police officers, violated their constitutional r... More...
   $0 (09-14-2008 - RI)

Treo @ Kettner Homeowners Association v. The Superior Court of San Diego County

Petitioner Treo @ Kettner Homeowners Association (Association), a homeowners association of a condominium project in downtown San Diego, sued real party in interest Intergulf Construction Corporation, developer of the project, and other real parties in interest (collectively Intergulf) for alleged construction defects. A provision of Association's CC&R's required that all disputes between it and I... More...   $0 (09-12-2008 - CA)

Joseph Kamelgard v. American College of Surgeons

On March 30, 2007, petitioner, Joseph Kamelgard, M.D., filed a petition for discovery pursuant to Supreme Court Rule 224 (134 Ill. 2d R. 224) seeking the identities of three surgeons who investigated a complaint about petitioner received by respondent, the American College of Surgeons (the College). The trial court dismissed the petition after conducting an in camera review of certain documents. O... More...   $0 (09-12-2008 - IL)

Danvers Motor Co., et al. v. Ford Motor Company

Ford Motor Company appeals the certification of a class of Ford dealers in an action alleging violations of the Robinson- Patman Act, the Automobile Dealer’s Day in Court Act, and numerous state franchise laws, as well as breach of contract and the covenant of good faith and fair dealing. We hold that the prerequisites for a class action are not met in this case. Accordingly we will vacate the o... More...   $0 (09-12-2008 - NJ)

Scott Peltz v. Richard Moretti, et al.

This case stems from an ill-conceived effort to transfer assets to a new corporation in order to shield them from a money judgment. The principal shareholder of both corporations, Richard Moretti, has been found liable for the transfer, and has elected not to appeal. The district court also ruled that the accountant and lawyer for Moretti and his companies participated in a civil conspiracy with M... More...   $0 (09-11-2008 - OH)

Dutchess Business Services, Inc. and Legend Pharmaceuticals, Inc. v. Nevada State Board of Pharmacy

On May 29, 2008, this court issued an opinion in this matter affirming in part and reversing in part the district court’s order and remanding with instructions. Subsequently, appellants filed a petition for rehearing of that decision. On July 17, 2008, this court withdrew the prior opinion pending resolution of the petition for rehearing. After reviewing the rehearing petition, as well as the... More...   $0 (09-11-2008 - NV)

JoAnne Marie Anthony v. City of Los Angeles

The City of Los Angeles appeals from an order awarding expert witness fees to an employee who prevailed on a retaliation claim under the Fair Employment and Housing Act (FEHA). The City contends, as it did below, that the employee’s motion was untimely filed, and that the trial court had no discretion to award expert witness fees for experts not ordered by the court. Both contentions are without... More...   $0 (09-11-2008 - CA)

Richard J. Lewis, et aux v. Atlas Van Lines, Inc.

This appeal involves a claim by Richard and Patricia Lewis against Atlas Van Lines, Inc. (“Atlas”) for damages incurred as a result of Atlas’s failure to live up to its promise to move the Lewises’ household belongings by a date certain.

The District Court dismissed the Lewises’ claim, concluding that they had failed to comply with the procedural requirements of 49 U.S.C. § 14706... More...
   $0 (09-11-2008 - PA)

John T. Mills, et al. v. U.S. Bank

This action is before us for the third time on appeal.1 Plaintiffs and appellants John T. Mills, Peter A. and Cameron Howe Ministri; Thomas B. and Rosemary K. Mills TTEE; Jonathan A. Rauh; Eric W. Holt; Chris D. Wong; Donne Goodrich, as the executor of the estate of Juliette P. Goodrich;2 Evelyn W. Howe; and the Howe Family Corporation (collectively, Plaintiffs) challenge three rulings by the tria... More...   $0 (09-10-2008 - CA)

Roger Scott Moyle v. Y & Y Hyup Shin, Corp. and TTJJKK, Inc. d/b/a DO Re Mi Karaoke

On February 21, 2008, the plaintiff-appellant-petitioner Roger Scott Moyle, as personal representative of the estate of Richard Todd Moyle (Moyle), deceased, [fn1] filed an application for a writ of certiorari, urging this court to review the published opinion of the Intermediate Court of Appeals (ICA) in Moyle v. Y & Y Hyup Shin Corp., 116 Hawai'i 388, 173 P.3d 535 (App. 2007). Moyle argues that ... More...   $0 (09-10-2008 - )

Mariam M. Dornbirer v. Kaiser Foundation Health Plan, Inc., et al.

Plaintiff Mariam Dornbirer appeals from a judgment of the trial court in favor of defendant Kaiser Foundation Health Plan, Inc. (Kaiser). After a neutral arbitrator ruled in favor of Kaiser on Dornbirer's claim that Kaiser failed to notify her that she needed follow-up care following a mammogram in 2001, Dornbirer petitioned the trial court to correct or vacate the arbitration award. Dornbirer arg... More...   $0 (09-10-2008 - CA)

Mark Shook, et al. v. The Board of County Commissioners of the County of El Paso and Terry Maketa

Plaintiffs Mark Shook and Dennis Jones, along with several intervenors, appear before us for the second time to contest the district court’s denial of their motion to certify a class action consisting of all present and future mentally ill inmates at Colorado’s El Paso County Jail. In their first appeal, we held that in denying class certification the district court erred by relying on the jur... More...   $0 (09-09-2008 - CO)

GMB Financial Group, Inc. v. Michele Marzano

In this mortgage foreclosure action, defendant, Michele Marzano, appeals the orders of the trial court (1) granting the motion of plaintiff, GMB Financial Group, Inc., to strike defendant's motion to quash service of process and vacate the court's default judgment of foreclosure; and (2) confirming the sale of the subject property. We affirm.

I. BACKGROUND

On February 1, 2006, plaint... More...
   $0 (09-08-2008 - IL)

Robert Davis Townsend v. University of Alaska

Robert David Townsend sued his former employer, the University of Alaska, Fairbanks, in federal district court, alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA” or the “Act”), 38 U.S.C. §§ 4301-4333. The district court dismissed his action, concluding that it lacked jurisdiction over a USERRA claim brought by an individual against an ... More...   $0 (09-05-2008 - AK)

David Greenwell v. Paul Parsley

Paul Parsley, the former sheriff of Bullitt County, Kentucky, fired deputy sheriff David Greenwell immediately after he learned through a newspaper article that his deputy intended to run against him in the next election. Greenwell responded by filing suit against Parsley and his chief deputy Mack (Jim) McAuliffe. The only federal cause of action included in the complaint was an allegation that d... More...   $0 (09-05-2008 - KY)

Agneta Dobos v. Voluntary Plan Administrators, Inc., et al.

Appellant Agneta Dobos (“Dobos”) appeals from the trial court’s judgment denying her petition for writ of administrative mandate brought against Respondents Voluntary Plan Administrators, Inc., Long Term Disability and Survivor Benefit Plan, and Chief Administrative Office, County of Los Angeles (collectively, “Respondents”).

In her petition, Dobos challenged an administrative dec... More...
   $0 (09-05-2008 - CA)

Omega, S.A. v. Costco Wholesale Corporation

In this opinion, we address whether the Supreme Court’s decision in Quality King Distributors, Inc. v. L’anza Research International, Inc., 523 U.S. 135 (1998), requires us to overrule our precedents that allow a defendant in a copyright infringement action to claim the “first sale doctrine” of 17 U.S.C. § 109(a) as a defense only where the disputed copies of a copyrighted work were eithe... More...   $0 (09-05-2008 - CA)

Margaret A. Hoffman, et al. v. Construction Protective Services, Inc.

In this opinion, we resolve whether the district court erred in precluding the admission of evidence regarding damages as a sanction under Federal Rule of Civil Procedure (Rule) 37 for failure to disclose damage calculations under Rule 26(a). We conclude that the district court did not abuse its discretion and affirm on this issue. The remaining issues in this case are resolved in a contemporaneou... More...   $0 (09-05-2008 - CA)

Lisa Griffin and Michael W. Griffin v. Robert K. Foley, M.D.

As a result of a car accident, Lisa Griffin had to undergo back surgery, which Dr. Robert Foley performed. After complications arose from the surgery, Lisa and her husband Michael filed this diversity suit against Foley in the district court alleging medical malpractice. The case went to trial, and a jury returned a verdict in favor of Foley. The Griffins appeal, raising several challenges to the ... More...   $0 (09-04-2008 - IN)

Jack C. Pelt, et al. v. State of Utah

This appeal involves an oil and gas royalty fund that the State of Utah (“Utah”) is required to administer for the benefit of members of the Navajo Nation living in San Juan County, Utah. In this class action, beneficiaries of the Navajo Trust Fund (the “Beneficiaries”) seek a fiduciary accounting of trust fund activities from Utah. In proceedings below, Utah unsuccessfully argued that all... More...   $0 (09-03-2008 - UT)

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