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Construction Law
 
John Scheenstra v. California Dairies, Inc.

Plaintiff John Scheenstra was a member of defendant California Dairies, Inc. (Cal Dairies), a member-owned milk marketing and processing cooperative. After Cal Dairies instituted internal production quotas for its members and reduced payments for milk deliveries in excess of the quotas, Scheenstra sued for breach of contract claiming his quota was too low. The contract provision in question obliga... More...   $0 (01-30-2013 - ca)

Terry Wayne Duckworth v. Allianz Life Insurance Company of North America

Allianz Life Insurance Company of North America (“Allianz”) appeals from a final order of the U.S. District Court for the Middle District of Georgia granting judgment in favor of Terry Duckworth (“Duckworth”) on his claim that Allianz miscalculated the monthly benefit to which he was entitled under a long-term disability insurance policy (“the policy”). Allianz contends that the Distri... More...   $0 (01-30-2013 - GA)

Jessica Kramer v. Toyota Motor Corporation

Toyota Motor Corporation and Toyota Motor Sales, U.S.A., Inc. (collectively “Toyota” or “Defendants”) seek review of the district court’s denial of their motion to compel arbitration. The district court held that Toyota, a nonsignatory to several agreements with arbitration provisions between Plaintiffs and various Toyota dealerships (hereinafter “Dealerships”), could not compel Plai... More...   $0 (01-30-2013 - CA)

Allen F. Glazer v. Gordon A. Jones

A builder sued a homebuyer in a Utah state district court for failing to pay some charges for his home’s construction; the homebuyer counterclaimed, alleging that the construction was defective. Shortly before the Utah state court rendered a judgment, the homebuyer sued the builder in an Idaho state district court, seeking to void the builder’s allegedly fraudulent transfer of a ranch and appu... More...   $0 (01-29-2013 - ID)

Joe Requa v. The Regents of the University of California

Appellants Joe Requa, Wendell G. Moen, Jay Davis, and Donna Ventura (hereafter collectively Retirees) all spent decades working at the Lawrence Livermore National Laboratory (Livermore). During their employment there, Livermore was operated by the University of California (the University or UC), a state agency governed by the Regents of the University of California (the Regents). After retiring fr... More...   $0 (01-29-2013 - CA)

Cindy C. Abbott v. Sangamon County, Illinois

Cindy Abbott and her adult son Travis Abbott (collectively, the Abbotts) brought this action under 42 U.S.C. § 1983 against Sangamon County, Sheriff Neil Williamson, and Deputy Troy Sweeney, each asserting Fourth Amendment claims of false arrest, false imprisonment, and excessive force. The district court granted summary judgment for Deputy Sweeney on all claims, and the County and Sheriff Willia... More...   $0 (01-29-2013 - IL)

Carolyn Gregory v. Lorriane Cott

Defendant Bernard Cott contracted with a home care agency to provide the services of an in-home caregiver to care for his wife, defendant Lorraine Cott,1 who suffered from Alzheimer‘s disease. Lorraine injured the caregiver, plaintiff Carolyn Gregory, who thereupon sued Lorraine for battery and Lorraine and Bernard for negligence and premises liability. We hold that defendants are entitled to su... More...   $0 (01-28-2013 - CA)

Martina A. Silas v. James Ellis Arden

James Ellis Arden (Arden) appeals judgment in favor of Martina Silas (Silas) in Silas‘s action against Arden for malicious prosecution of a malpractice action against her. Silas represented Ross Gunnell (Gunnell) in a personal injury action resulting in a jury award that was later overturned on the grounds that worker‘s compensation was the exclusive remedy. Gunnell filed a malpractice action... More...   $0 (01-28-2013 - CA)

Haim Avidor v. Sutter's Place, Inc.

Plaintiff Haim Avidor is the lead plaintiff in this class action by current and former card dealers employed by defendant Sutter's Place, doing business as Bay 101 (often abbreviated by the parties as Bay 101 or the casino), which operated a cardroom in San Jose. Bay 101 required its dealers to contribute a set amount of the gratuities they received from players to a common account, which was dist... More...   $0 (01-26-2013 - CA)

Jamshid Aryeh v. Canon Business Solutions, Inc.

The common law theory of continuous accrual posits that a cause of action challenging a recurring wrong may accrue not once but each time a new wrong is committed. We consider whether the theory can apply to actions under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereafter UCL) and, if so, whether it applies here to save plaintiff Jamshid Aryeh‟s suit from a limitations ba... More...   $0 (01-26-2013 - CA)

Mouris Ahdout v. Majid Hekmatjah

Appellant Mouris Ahdout appeals from a judgment entered following the superior court‘s denial of his petition to vacate an arbitration award and its grant of a petition to confirm the award filed by respondents Majid Hekmatjah aka Michael Braum (Braum), Hekmatjah Family Limited Partnership (Hekmatjah), and Braum Investment & Development, Inc. (BIDI). Ahdout and respondent Hekmatjah were the sole... More...   $0 (01-26-2013 - CA)

Gerald Byron Barras v. Leslea Loring Barras

Appellant Gerald Byron Barras appeals from a final decree of divorce ordering him to pay appellee Leslea Loring Barras $125,000, to be represented by a promissory note and secured by a deed of trust against Gerald’s separate property, and ordering his separate estate to reimburse the community estate for $154,073 as part of the property division. On appeal, Gerald argues that (1) the trial court... More...   $0 (01-26-2013 - TX)

City of Houston v. Young Song

In this interlocutory appeal, the City complains that the trial court erred in denying the City‟s plea to the jurisdiction because appellees have not alleged an inverse condemnation claim for which governmental immunity has been waived and do not have standing to seek injunctive relief based on the City‟s construction of medians within a public roadway near appellees‟ businesses. Because app... More...   $0 (01-26-2013 - TX)

Crosstex DC v. Terry Titus Button

Appellant Crosstex DC Gathering Company, J.V. condemned a portion of land owned by Terry Titus Button and Ossie A. Button for purposes of a pipeline easement.[2] The Buttons objected to the commissioner’s award, and the issue of damages resulting from the easement was tried to a jury. Crosstex now appeals from the part of the trial court’s judgment in condemnation awarding the Buttons $794,7... More...   $794789 (01-26-2013 - TX)

Donna Schlaikjer v. James D. Kaplan, M.D.

Plaintiff Donna Schlaikjer seeks reversal of the Court of Appeals' decision affirming summary judgment in favor of defendant James D. Kaplan, M.D. Schlaikjer sued Kaplan for medical malpractice arising out of surgeries to treat her

3

tracheal stenosis. Kaplan filed a successful motion in limine to prevent Schlaikjer's subsequent treating physician and designated expert, Joel Cooper, ... More...
   $0 (01-25-2013 - KS)

Osmond Lane Homeowners Association v. George C. Landrith, Jr.

¶1 Among other issues, George C. Landrith Jr. appeals the trial court’s denial of his motion for summary judgment and its grant of partial summary judgment in favor of the Osmond Lane Homeowners Association. Additionally, Landrith appeals the trial court’s grant of the Association’s motion for a directed verdict on several of his defenses. We affirm.

BACKGROUND

¶2 In 1977, a ... More...
   $0 (01-25-2013 - UT)

Richard L. Molczyk v. Kerrie K. Molczyk

In this marital dissolution appeal, we cut through a jurisdictional jungle to determine whether the Douglas County District Court, the Lancaster County District Court, or the Douglas County Juvenile Court had jurisdiction over the action. After the Douglas County District Court dismissed the original dissolution action for lack of prosecution, the appellant, Richard L. Molczyk, Jr., moved to reins... More...   $0 (01-25-2013 - NE)

Martha Fernandez v. McDonald's

McDonald's and its workers compensation carrier, Kansas Restaurant & Hospitality Association Self-insurance Fund (hereafter collectively referred to as McDonald's), appeal the portion of the order of the Kansas Workers Compensation Board (Board) that awarded Martha Fernandez a 59 percent work disability. McDonald's claims it was error for the Board to assign a work disability rating to a person wh... More...   $0 (01-25-2013 - KS)

Donna Schlaikjer v. James D. Kaplan, M.D.

Plaintiff Donna Schlaikjer seeks reversal of the Court of Appeals' decision affirming summary judgment in favor of defendant James D. Kaplan, M.D. Schlaikjer sued Kaplan for medical malpractice arising out of surgeries to treat her tracheal stenosis. Kaplan filed a successful motion in limine to prevent Schlaikjer's subsequent treating physician and designated expert, Joel Cooper, M.D., from testi... More...   $0 (01-25-2013 - KS)

Kay Y. Smyth v. Infrastructure Corp. of America and Department of Transportation

Kay Y. Smyth, as personal representative of the Estate of Edward E. Smyth, Jr., appeals a summary final judgment in favor of Infrastructure Corporation of America (ICA) and the Florida Department of Transportation (DOT). This case involves a tragic automobile accident in which Mr. Smyth died. As explained below, his Estate maintains that the accident was caused by the negligence of the operator of... More...   $0 (01-25-2013 - FL)

CBS Outdoor, Inc. v. Larry E. Potter

CBS Outdoor, Inc. appeals the trial court’s rendition of judgment after a jury trial on Larry E. Potter’s claim of breach of contract against CBS Outdoor. In eight issues, CBS Outdoor argues (1) the trial court erred in granting Potter’s motion for summary judgment on liability and denying its cross-motion for summary judgment claiming that Potter’s breach of contract claim was barred by r... More...   $0 (01-25-2013 - TX)

Jimmy Tullos v. Jo Dean Jones

Appellant, Jimmy Tullos, sued appellee Jo Dean Jones for personal injuries arising out of a car accident. Approximately fourteen months after Tullos filed suit, the trial court dismissed his case with prejudice. Tullos argues that the trial court abused its discretion in dismissing the case with prejudice as a “death penalty sanction” for discovery abuse because he lacked adequate notice, the ... More...   $0 (01-25-2013 - TX)

Boise Mode, LLC v. Donahoe Pace & Partners, Ltd.

This appeal arises from a commercial lease dispute. Boise Mode, LLC leased space in its building to Donahoe Pace & Partners, Ltd. (DPP). Timothy Pace executed a personal guarantee for the lease. During the term of the lease, Boise Mode remodeled part of the building for another tenant. After raising concerns to Boise Mode about the adverse effects of the construction to its business, DPP eventuall... More...   $0 (01-24-2013 - ID)

Earth Trades, Inc. v. T&G Corporation

In this case we consider the defense to a breach of contract claim that the parties were in pari delicto—equal wrongdoers. We have for review Earth Trades, Inc. v. T&G Corp., 42 So. 3d 929, 930 (Fla. 5th DCA 2010), in which the Fifth District Court of Appeal held that section 489.128, Florida Statutes (2005), which governs construction contracting, precluded an unlicensed contractor from employi... More...   $0 (01-24-2013 - FL)

Diamond Aircraft Industries, Inc. v. Alan Horowitch

This case is before the Court for review of four questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit that are determinative of a cause pending in that court and for which there appears to be no controlling precedent. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const.

FACTS AND PROCEDURAL HISTORY

The four certified questions bef... More...
   $0 (01-24-2013 - FL)

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