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Construction Law
Mortosports Holdings, LLC v. Town of Tamworth

The intervenors, Amy K. Berrier and other abutters, landowners and residents of Tamworth, appeal the decision of the Superior Court (Houran, J.) that vacated and remanded the Town of Tamworth Planning Board’s decision to deny the application for a special use permit sought by the petitioner, Motorsports Holdings, LLC (Motorsports). We affirm in part, reverse in part and remand.


W... More...
   $0 (04-09-2010 - NH)

Francisco Garcia, et al. v. World Savings, PSB

Appellants Francisco and Maria Elena Garcia brought suit against their lender, respondent World Savings,1 for wrongful foreclosure, breach of contract promissory estoppel, and unfair business practices.2 The trial court granted respondent‟s motion for summary judgment, concluding that the foreclosure was valid, that the breach of contract claim was unsupported by consideration, that the promise ... More...   $0 (04-09-2010 - CA)

Murugesan Kannayan v. Dollar Home Corporation

Chad Dobbins appeals from the district court’s order denying his motion to recover attorneys’ fees in an action brought against him by appellees Dollar Phone Corporation and Dollar Phone International, Inc. (collectively “Dollar Phone”). Exercising jurisdiction under 28 U.S.C. § 1291, and reviewing the indemnity provision at issue de novo,1 we affirm.

Dollar Phone is a wholesale pr... More...
   $0 (04-09-2010 - OK)

Rubin Valdez Sarabia, Individually and as Next Friend of Andrew Sarabia v. Jonathan McNair

Appellant, Rubin Valdez Sarabia, individually and as next friend of Andrew Sarabia, appeals the trial court=s order granting summary judgment in favor of appellee, Jonathan McNair. In one issue, Sarabia argues that the trial court erred by granting summary judgment in favor of McNair based on McNair=s affirmative defense of release. We will affirm.


This appeal r... More...
   $0 (04-08-2010 - TX)

Sprint Communications Company, L.P. v. Albert E. Leggett, III

We granted discretionary review in this matter to consider issues relating to a landowner's abuse of process claim and other related claims, against a long-distance telephone communications carrier for its conduct in attempting to use the power of eminent domain to acquire the landowner's property. Specifically, we consider whether the tort of abuse of process may be established solely on the basi... More...   $0 (04-08-2010 - KY)

Timothy Jones v. Daimlerchrysler Corporation

In this premises liability action, plaintiffs1 appeal by right following the trial court’s grant of defendant’s motion for summary disposition under MCR 2.116(C)(10) and dismissal of plaintiffs’ complaint with prejudice. We affirm in part, reverse in part, and remand for further proceedings.


Plaintiff was injured on May 31, 2006 when he fell ... More...
   $0 (04-08-2010 - MI)

Barbara A. Robinson v. City of Lansing

At issue here is whether the two-inch rule of MCL 691.1402a(2), which provides that a discontinuity defect of less than two inches in a sidewalk creates a rebuttable inference that the municipality maintained the sidewalk in reasonable repair, applies to sidewalks adjacent to state highways, as with the sidewalk at issue here, or only to sidewalks adjacent to county highways. The trial court concl... More...   $0 (04-08-2010 - MI)

Mark Evenson v. Tim Lilley

Mark and Janis Evenson appeal the district court's conclusion that damage by fire to outbuildings and trees by a negligently caused fire constituted permanent damage to their property and, therefore, the proper measure of damages was the diminution in the property's value rather than the cost of repairs or replacement.

The underlying facts of the case are not seriously in dispute. The Evens... More...
   $0 (04-08-2010 - KS)

Northfork Citizens for Responsible Development v. Board of County Commissioners of Park County

[¶1] Northfork Citizens for Responsible Development, David Jamison, and Robert Hoszwa (collectively Northfork) have appealed the district court’s affirmance of the approval by the Board of County Commissioners of Park County (the Board) of a subdivision proposed by Worthington Group of Wyoming, LLC (Worthington).1 Northfork raises evidentiary and procedural issues. In a cross-appeal, Worthingto... More...   $0 (04-08-2010 - WY)

Elisheba Sabi v. Donald T. Sterling, et al.

Appellant Elisheba Sabi brought an action alleging six causes of action against respondents Donald T. Sterling Corporation and Donald T. Sterling individually. The causes of action alleged that respondents violated California‟s Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) by discriminating against appellant because of her disability (first); California‟s Unruh Civil Righ... More...   $0 (04-08-2010 - CA)

John Porter, et al. v. Steven Wyner, et al.

Plaintiffs and appellants John Porter and Deborah Blair Porter (the Porters) appeal an order granting a motion for new trial in favor of defendants and respondents, Steven Wyner and Marcy Tiffany (Wyner Tiffany) following a jury verdict that (1) awarded Mrs. Porter $211,000 in back wages and the Porters $51,000 for breach of an attorney fee agreement; and (2) rescinded a release the Porters gave W... More...   $0 (04-08-2010 - CA)

JustMed, Inc. v. Michael Byce

At the heart of this case is a dispute over whether a small technology start-up company owns the source code developed for its product. Its informal employment practices raise questions as to whether defendant-appellant Michael Byce was an employee when he developed the source code. After a bench trial, the district court entered judgment and ordered a permanent injunction against Byce, in favor o... More...   $0 (04-08-2010 - cA)

Joshua Slate v. Amber Chadwick

¶1 This appeal involves multiple trial court rulings concerning the custody of the parties' minor son in this dissolution proceeding. Amber Chadwick (Mother) seeks reversal of the award of primary custody to Joshua Slate (Father), arguing the clear weight of the evidence does not support that ruling and its finding that Mother's child abuse allegation against Father was frivolous. Mother also all... More...   $0 (04-07-2010 - OK)

Jimmy R. Scott v. Independent School District No. 22 of Pushmataha County

¶1 Plaintiff Jimmy R. Scott, through his personal representative Donna Sue Brame, appeals a decision of the District Court of Pushmataha County granting summary judgment to defendant Independent School District #22 of Pushmataha County (School District) on Scott's claim for breach of contract. Based on our review of the record on appeal and applicable law, we reverse the district court's

g... More...
   $0 (04-07-2010 - OK)

Richard Hopp v. City of Los Angeles

A municipal ordinance requires a police permit for persons in “the business of buying, selling, exchanging or otherwise dealing in secondhand books.” A hobbyist who collects secondhand books for his personal use—and not for resale—has brought a lawsuit for declaratory relief, challenging the municipality’s claim that he must obtain a police permit for his collecting activities. The trial... More...   $0 (04-07-2010 - CA)

Patrick Kirk, et al. v. The First American Title Insurance Company, et al.

When an attorney obtains confidential information from a client, that attorney is prohibited from accepting a representation adverse to the client in a matter to which the confidential information would be material. In this case, we are not concerned with the issue of disqualifying the attorney possessing the material client confidences from representing an adverse party; it is conceded that the a... More...   $0 (04-07-2010 - CA)

The Swahn Group, Inc., et al. v. Malcolm S. Segal, et al.

This legal malpractice case tenders the doctrine of judicial estoppel, which precludes a party from taking inconsistent positions in separate proceedings where the position in the first proceeding was adopted by the court or accepted by it as true. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 181 (Jackson).) Judicial estoppel differs from collateral estoppel or equitable estoppel i... More...   $0 (04-07-2010 - CA)

E & F Cox Family Trust, et al. v. City of Tulsa, et al.


             COME NOW Plaintiffs, E & F Cox Family Trust; Michael Samara; T.E. Morlan; Better Price Warehouse Sales Company, Inc.; and Koenig Properties, Inc.; pursuant to Rule 13 of the Rules for District Courts of Oklahoma, and move for Summary Judgment in this cause in their favor and agains... More...
   $0 (04-07-2010 - OK)

Pina Fiorelli, et al. v. Arnold H. Gorsky, Trustee, et al.

This appeal arises out of an action brought by the plaintiffs, Pina Fiorelli and her husband, Rocco Fiorelli, to recover damages for injuries sustained by Pina Fiorelli as a result of an automobile accident that occurred on premises owned by the defendants, Arnold H. Gorsky, Paul S. Gorsky and Eastland Derby Realty Trust, and leased to Webster Bank, which was a defendant when the action was initia... More...   $0 (04-06-2010 - ct)

Cellar Dwellers, Inc. v. Dominic D'Alessio, Jr.

That portion of the court’s judgment awarding penalties and prejudgment interest on amounts due pursuant to the Plumbing and Heating Contracts is vacated. That portion of the court’s judgment awarding penalties and prejudgment interest on amounts due pursuant to the Vacuum Contract is amended to begin accrual on February 19, 2007. The award of attorney fees is vacated and remanded for further ... More...   $6468 (04-06-2010 - ME)

Luann M. Dancey v. Travelers Property Casualty Company of America

Defendant Travelers Property Casualty Company of America (Travelers) appeals by leave granted from an August 27, 2008, order of the Oakland Circuit Court denying its motion for summary disposition. For slightly different reasons than those articulated by the trial court, we affirm the denial of the motion for summary disposition and remand this case back to the trial court for further proceedings ... More...   $0 (04-06-2010 - MI)

Glen J. Matthews v. Michigan Department of Natural Resources

This case arises out of the right of certain landlocked property owners to maintain and use a crude pathway (several hundred wooden pallets laid end-to-end) across a state-owned and regulated wetland. Defendant, Department of Natural Resources (the Department), appeals as of right the trial court’s order entering judgment in favor of plaintiffs, Glen Matthews, Carol Matthews, Kevin Matthews, Ste... More...   $0 (04-06-2010 - MI)

ACE American Insurance Company v. RC2 Corporation, Inc.

RC2 Corporation, Inc. and related entities (collectively “RC2”) design and market toys that are primarily manufactured in China. ACE American Insurance Company issued commercial general liability policies to RC2 covering the period from August 1, 2003 to November 1, 2007. The policies excluded coverage of occurrences that took place within the United States. Notwithstanding this exclusion, the... More...   $0 (04-05-2010 - IL)

Alvis C. Higgins v. State of Oklahoma

¶1 Plaintiff/Appellant Alvin C. Higgins (Higgins) seeks review of the trial court's order denying his motion to expunge criminal records. In this appeal, Higgins asserts the trial court erred in denying his Petition for Writ of Habeas Corpus Ad Testificandum, and denying his motion to expunge in his absence, despite his entitlement to relief under 22 O.S. §§18 and 19.

¶2 Higgins was arr... More...
   $0 (04-02-2010 - OK)

Aces A/C Supply North v. Security Bank

¶1 The trial court plaintiff, Aces A/C Supply North (Aces), appeals an order granting summary judgment to the defendant, Security Bank (Security). The trial court entered an order pursuant to 12 O.S.2001, § 994. This appeal proceeds under the accelerated appeal provisions of Okla. Sup. Ct. R. 1.36, 12 O.S. Supp. 2009, ch. 15, app.


¶2 The defendant, Terrell Heating & Air... More...
   $0 (04-02-2010 - OK)

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