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Construction Law
 
Federal Insurance Company v. Martin Edwards Winters

In 2007, Robert and Joanie Emerson (the “Emersons”) contacted Martin Winters (the “Defendant”), the owner of Winters Roofing Company, about installing a new roof at the Emersons’ home in Hixson. After receiving a proposal from the Defendant, the Emersons entered into an oral agreement, whereby the Defendant agreed to replace the roof for the sum of $17,832. While the subject of insurance... More...   $0 (10-25-2011 - TN)

Paul Lero v. State Farm Fire and Casualty Company

State Farm Fire and Casualty Company ("State Farm") appeals the circuit court's grant of summary judgment in favor of Paul Lero and Carolyn Lero ("the Leros") and denial of State Farm's motion for summary judgment. The court determined a personal liability umbrella policy purchased by the Leros' deceased daughter provided uninsured motorist coverage and ordered State Farm to pay the policy's $1 mi... More...   $0 (10-25-2011 - MO)

Andre Harrison v. Michael Addington

¶ 1 Appellant-plaintiff, Andre Harrison, appeals the trial court’s grant of summary judgment on behalf of appellees-defendants, Michael Addington, James Olson, Roy DeVault, Sherri Martin, Jeff Chisholm, Steven Brockway, Mark Digney and Metroe Hornbuckle. ¶ 2 Counts II and IV of the third amended complaint allege that Olson and DeVault defamed appellant by repeating the false statements that ap... More...   $0 (10-25-2011 - IL)

Carolyn Holmes v. National Service Industries, Inc.

We granted certiorari to review the Court of Appeals' opinion in Holmes v. Nat'l Servs. Indus., Op. No. 2009-UP-364 (S.C. Ct. App. filed June 25, 2009).[1] We affirm.

FACTS

Petitioner began working for respondent National Service Industries ("National"), a linen company, at its Charleston laundering facility in August 1984. According to petitioner, the work environment at the facil... More...
   $0 (10-24-2011 - SC)

Osage Nation of Oklahoma v. United States of America

The Osage Nation of Oklahoma sued the United States of America on breach of fiduciary duty theories claiming that the Government failed to property manage and account for assets held in trust for the tribe by it.

For the Opinion of Judge Hewitt issued on December 29, 2010:

In Osage II, the court held that "the United States violated its duty as trustee of the Osage mineral esta... More...
   $380000000 (10-22-2011 - OK)

Calvin L. McGahuey v. Whitestone Logging, Inc.

A worker was involved in a fight in a logging camp bunkhouse. He did not file a report of injury related to the fight for over a year. When he finally filed a report of injury, he alleged that he had injured his hip, lower back, and ear in the fight. His employer controverted benefits because he did not give timely notice of the injury. The worker then alleged that he had verbally informed his sup... More...   $0 (10-21-2011 - AK)

Jeffrey S. Gananian v. Stephen M. Wagstaffe

Jeffrey S. Gananian appeals from a judgment dismissing his cause of action for declaratory relief against former San Mateo County District Attorney James P. Fox. Gananian sought a declaration that Education Code section 15288 required Fox to investigate and prosecute alleged violations of law associated with the expenditure of voter-approved school bond funds. We disagree, and affirm the judgment.... More...   $0 (10-21-2011 - CA)

American Diamond Exchange, Inc. v. Scott Alpert

The defendant Jurgita Karobkaite1 appeals2 from the judgment of the trial court, following a remand from the Appellate Court; see American Diamond Exchange, Inc. v. Alpert, 101 Conn. App. 83, 920 A.2d 357, cert. denied, 284 Conn. 901, 931 A.2d 261 (2007); for a recalculation of damages based on the existing record. On remand, the trial court awarded $103,355.68 in damages to the plaintiff, America... More...   $0 (10-21-2011 - CT)

Andrew Nadhir v. Bilha Salomon

¶ 1 Plaintiffs Andrew Nadhir, Frank Battaglia, and Jason Welch filed suit against defendants
Bilha Salomon and Steven T. Sims, alleging that defendants failed to return plaintiffs’
security deposit at the conclusion of plaintiffs’ lease in violation of the City of Evanston
Residential Landlord and Tenant Ordinance (Evanston Municipal Code § 5-3-1 et seq. (eff.
Feb. 2008)) (ER... More...
   $0 (10-20-2011 - IL)

Pamela Lynn Lawson v. Honeywell Internations, Inc. f/k/a Allied Signal, Inc.

¶1. Plaintiff Pamela Lynn Lawson appeals the trial court’s grants of summary judgment to the defendant, Honeywell International, Inc., on Lawson’s Mississippi Products Liability Act (“MPLA”) claim and her negligence claim arising from injuries Lawson sustained when her seatbelt buckle allegedly malfunctioned during an automobile accident. We affirm the trial court’s grant of summary jud... More...   $0 (10-20-2011 - MS)

Alvin Peterson v. Todd Sando

.

[¶1] Alvin Peterson appealed and the State Engineer, Todd Sando, cross-appealed from a district court judgment affirming in part and reversing in part a State Engineer order determining there was an unauthorized dam on Peterson's property in Walsh County and requiring Peterson to construct a drainage ditch to maintain water impounded by the dam at a level of 1543.5 feet mean sea level. T... More...
   $0 (10-20-2011 - ND)

David M. Scalia v. Robin Green

¶1 Robin and Verdie Green argue the superior court erred by entering summary judgment in favor of David and Beth Scalia on the Scalias’ claim to quiet title in a pair of easements. Because the Greens offered insufficient evidence as a matter of law to support their contention that the Scalias abandoned one of the easements, we affirm the judgment in part. We vacate and remand the judgment in fa... More...   $0 (10-20-2011 - AZ)

American Residential Community v. Levonna Corley

¶1 Petitioners American Residential Community and Ace American Insurance Company (collectively, Employer) seek review of an order of a three-judge panel of the Workers' Compensation Court reversing the trial court's order and granting permanent partial disability benefits for a soft tissue injury to the right ankle of Respondent Levonna Corley. In this proceeding, Employer challenges the order of... More...   $0 (10-19-2011 - OK)

Curwood, Inc. v. Kathleya J. Camp

¶1 In 2009 Claimant, Kathleya Camp, filed an action against Employer, Curwood Inc., alleging cumulative injury to her arms, shoulders and neck as a result of many repetitive actions in building boxes and operating machines in her employment with Curwood. She began experiencing pain in her hands sometime in 2006 or 2007 which continued to worsen throughout 2007. When a supervisor inquired of Claim... More...   $0 (10-19-2011 - OK)

In Re The Marriage of Allison Kay Larson and Roger Marlyn Larson

Following twenty-five years of marriage, Allison and Roger Larson are before us appealing the economic provisions of the decree dissolving the union. The question presented on appeal is whether the 160 acres of farmland Roger inherited from his parents is subject to division in light of the contributions Allison made during the marriage. We also consider whether it was equitable to award Allison e... More...   $0 (10-19-2011 - IA)

American Residential Community v. Levonna Corley

¶1 Petitioners American Residential Community and Ace American Insurance Company (collectively, Employer) seek review of an order of a three-judge panel of the Workers' Compensation Court reversing the trial court's order and granting permanent partial disability benefits for a soft tissue injury to the right ankle of Respondent Levonna Corley. In this proceeding, Employer challenges the order of... More...   $0 (10-19-2011 - OK)

Billie Jean Adams v. Ford Motor Company

Appellants Billie Jean Adams and her three children (Adams) brought suit for general and special damages against respondent Ford Motor Company (Ford) following the death of their husband and father, Richard Adams. A few days before trial, Ford made a settlement offer under California Code of Civil Procedure section 998 (section 998) in the amount of $2,500 per Plaintiff, totaling $10,000.1 Ford‘... More...   $0 (10-19-2011 - CA)

David Young v. State of Oregon

2 Plaintiffs, state employees who successfully brought an action against the
state for unpaid overtime compensation,1 3 assert that the trial court erred in granting the
4 state's motion for summary judgment. The court ruled that plaintiffs were not entitled to
5 receive interest on an earlier award of interest under ORS 82.010(2)--that is, interest on a
6 delayed payment of post-j... More...
   $0 (10-19-2011 - OR)

Cunney v. Bd. of Trs. of Vill. of Grand View

Plaintiff-Appellant Brendan Cunney appeals from the December 18, 2009 order and the January 20, 2010 amended judgment of the United States District Court for the Southern District of New York (Young, J.), dismissing his complaint against the Board of Trustees of the Village of Grand View-on-Hudson (the “Board”), the Zoning Board of Appeals for the Village (the “ZBA”), and Joseph W. Knizes... More...   $0 (10-19-2011 - )

Walter Fasch v. M.K. Weeden Construction, Inc.

¶1 Plaintiff Walter Fasch (Fasch) was injured in a single-vehicle ATV accident that occurred within a construction area on U.S. Highway 59 between Rock Springs and Angela, Montana, near Miles City. Fasch filed a negligence action in the Sixteenth Judicial District, Rosebud County, against the Montana Department of Transportation (DOT), M.K. Weeden (Weeden), the construction contractor, and Weeden... More...   $0 (10-18-2011 - MT)

Utah Department of Transportation v. Admiral Beverage Corporation

¶1 The Utah Department of Transportation (UDOT) condemned real property belonging to Admiral Beverage Corporation (Admiral) as part of the reconstruction of the Interstate 15 freeway (I-15). Admiral is entitled to compensation from the state for the taking of its property. In the district court, Admiral sought to introduce evidence of the fair market value of its property, including evidence of i... More...   $0 (10-18-2011 - UT)

L.C. Canyon Partners, LLC v. Salt Lake County

¶1 This is an appeal from a decision by the district court upholding Salt Lake County’s zoning of property owned by L.C. Canyon Partners and affirming the County Council’s authority to rescind an ordinance that would have rezoned that property. We agree with the district court and affirm its entry of summary judgment against L.C. Canyon. The County had a rational basis for its zoning decision... More...   $0 (10-18-2011 - UT)

Eileen Carter v. Division of Employment Security

Eileen Carter (“Claimant”), a military spouse, appeals the decision of the Labor and Industrial Relations Commission (“the Commission”) affirming the Appeals Tribunal‟s finding that Claimant voluntarily left her employment without good cause attributable to her work or her employer and was, therefore, disqualified from receiving unemployment compensation benefits. On appeal, Claimant arg... More...   $0 (10-18-2011 - MO)

Dale Fossen v. Blue Cross and Blue Shield of Montana, Inc.

This appeal presents the question of whether a provision of the federal Health Insurance Portability and Accountability Act (HIPAA), Pub. L. No. 104-191, 110 Stat. 1936 (1996), preempts Montana’s “little HIPAA” law, Mont. Code Ann. § 33-22-526(2)(a), for purposes of both conferring federal subject matter jurisdiction and defeating state-law causes of action on the merits. The federal and st... More...   $0 (10-18-2011 - MT)

Gary Smallwood v. Allied Van Lines, Inc.

Gary Smallwood contracted with Allied Van Lines, Inc. and SIRVA, Inc. (collectively, AVL) to move some of his household goods from southern California to the United Arab Emirates (UAE) and to move the remainder of the goods — including a box full of firearms and ammunition — to storage. Instead, AVL shipped his weapons to the UAE. When UAE officials discovered Smallwood’s weapons, they arres... More...   $0 (10-18-2011 - ca)

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