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Construction Law
Ragone v. Atlantic Video

This case presents questions of law regarding the enforcement of arbitration agreements. After the defendants announced their intention to waive enforcement of certain provisions of the arbitration agreement at issue, the district court (Koeltl, J.) granted the defendants’ motion to dismiss the complaint and compel arbitration.

We affirm the district court because we believe that the arb... More...
   $0 (02-17-2010 - NY)

Flagstaff Affordable Housing Limited Partnership v. Design Alliance, Inc.

¶ 1 The “economic loss doctrine” bars plaintiffs, in certain circumstances, from recovering economic damages in tort. This Court has previously applied the doctrine only to products liability claims. Today we apply the doctrine in a construction defect case and hold that a property owner is limited to its contractual remedies when an architect’s negligent design causes economic loss but no ... More...   $0 (02-17-2010 - AZ)

New England Estates, LLC v. Town of Bransford, et al.

This appeal and cross appeal, along with the companion cases decided today, Branford v. Santa Barbara, 294 Conn. 785, A.2d (2010), and Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010), arise from the named defendant town of Branford’s (town)1 exercise of eminent domain with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive. In this action brought purs... More...   $0 (02-16-2010 - CT)

Richard Costantino v. Stanley Skolnick

The named plaintiff, Richard Costantino,1 appeals from the trial court’s decision2 denying his request for a declaratory judgment that the defendant Medical Professional Mutual Insurance Company doing business as ProMutual and ProSelect Insurance Company (ProMutual), the medical malpractice insurer for the named defendant, Stanley Skolnick, is required to pay the plaintiff offer of judgment inte... More...   $0 (02-16-2010 - CT)

Keota Mills & Elevator v. Othel Gamble, Jr.

¶1 This cause concerns an attempt to recover on a defaulted promissory note. The dispositive question presented is whether partial payment on the note extended the time within which to bring an action. The parties stipulated that the issue was whether the suit was time-barred by the five year limitation period of 12 O.S. 1981 §95,1 which was in effect in 1989 when the note was executed, or the s... More...   $0 (02-16-2010 - OK)

Cruz Morales v. City of Oklahoma City

¶1 The dispositive issue tendered on appeal is whether the trial court erred in giving summary judgment to City. We answer in the affirmative.


¶2 On 21 September 2005, Oklahoma City police officer Mitchell McCoy was on duty at Roosevelt Middle School when a fight broke out in the school's cafeteria between twelve-year-old Alma Morales ("Alma") and an... More...
   $0 (02-16-2010 - OK)

Lashonda Rose v. Ben C. Hebert Heirs, Hebert-Green, L.L.P.

On the night of July 5, 2002, LaShonda Rose drove a car that struck a black bull on State Highway 87. Rose and her three minor passengers, C.D., K.D., (1) and R.C., were injured in the collision.

On September 27, 2007, C.D., K.D., and R.C. ("the Minors") sued the landowner-defendants ("the Landowners"). In their petition, the Minors alleged that the bull had escaped from property owned by ... More...
   $0 (02-15-2010 - )

Zuehl Airport Flying Community Owners Association, Inc. v. Phil Meszler

This appeal stems from the trial court’s determination that Zuehl Airport Flying Community Owners Association (the Association) improperly increased the owners’ monthly assessments under the Declaration of Covenants, Conditions and Restrictions for Zuehl Airport Flying Community (the Declaration). On appeal, the Association asserts the assessments complied with Section 3(c) of the Declaration... More...   $0 (02-15-2010 - TX)

Save Our Springs Alliance, Inc. v. City of Dripping Springs

The City of Dripping Springs entered into agreements with two landowners in the City's extraterritorial jurisdiction, Cypress-Hays, L.P. and Mak Foster Ranch, L.P. The agreements contemplated the landowners' development of portions of their property for residential, commercial, and recreational use. The agreements were approved by the city council in public meetings during April 2001. Appellant S... More...   $0 (02-14-2010 - TX)

Robert Cassani v. Bruce Hale

Defendants[1] appeal an order locating a right-of-way across their land and authorizing construction of a bridge on their lot to connect the right-of-way easement with the town highway. The newly located right-of-way runs briefly parallel to an existing right-of-way, the “Rock driveway,” while the new bridge would lie right alongside an existing bridge connecting the Rock driveway to the town... More...   $0 (02-12-2010 - VT)

Forecast Homes, Inc., et al. v. Steadfast Insurance Company

Housing developers, Forecast Homes, Inc., and K. Hovnanian Forecast Homes, Inc. (referred to collectively and in the singular as Forecast), appeals from the judgment entered in its declaratory relief action in favor of Steadfast Insurance Company (Steadfast). Forecast contractually required all its subcontractors to defend and hold it harmless against any liability arising out of the subcontractor... More...   $0 (02-12-2010 - CA)

Wayne Talley, v. United States Department of Agriculture,

Any “person” who willfully or negligently fails to comply with the Fair Credit Reporting Act is liable for damages. 15 U.S.C. §§ 1681n(a), 1681o(a). One of the Act’s requirements is that lenders report borrowers’ payment history accurately to credit agencies. 15 U.S.C. §1681s–2. The Department of Agriculture violated that requirement by reporting that Wayne Talley is behind on a loan ... More...   $0 (02-12-2010 - )

FORTNEY &WEYGANDT, INC., Plaintiff-Appellant, v. American Manufacturers Mutual Insurance Company

General contractor Fortney & Weygandt, Inc. (“Fortney”) appeals the district court’s decision that its insurers—defendants American Mutual Ins. Co., et al.

Manufacturers Mutual Insurance Company, American Motorists Insurance Company, and Lumbermens Mutual Casualty Insurance Company (collectively, “AMICO”)—had no duty to defend Fortney in third-party litigation arising out of a... More...
   $0 (02-12-2010 - OH)

United Fire & Casualty Company v. Boring & Tunneling Company of America d/b/a Bortunco

On cross motions for summary judgment in a suit to collect on a McGregor Act Footnote payment bond, the trial court granted summary judgment in favor of appellee, Boring & Tunneling Company of America (“Bortunco”), and denied the motion of appellant, United Fire & Casualty Company (“United Fire”). In two issues, United Fire argues that (1) Bortunco failed to substantially comply with the ... More...   $0 (02-12-2010 - )

Raoul J. Cordova v. Board of County Commissioners of Valencia County

{1} Plaintiffs, residents and citizens of Valencia County, New Mexico, appeal from the district court’s decision denying their complaint for declaratory and injunctive relief. Plaintiffs’ complaint sought to (1) enjoin Defendant Board of County Commissioners of Valencia County from entering into a hospital management agreement with any entity that did not already have an existing and operating... More...   $0 (02-11-2010 - NM)

Charles Kalil v. Town of Dummer Zoning Board of Adjustment

In these consolidated appeals, the plaintiffs, Charles and Brenda Kalil, contest two orders of the Superior Court (Vaughan, J.). In one, the court granted the motion to dismiss filed by defendant Town of Dummer (Town) on the ground that res judicata barred the plaintiffs’ writ alleging an inverse condemnation claim. In the other, the court denied the plaintiffs’ motion to amend their appeal of... More...   $0 (02-11-2010 - NH)

Robert Ward v. Valerie Ward

¶1 Petitioner, Robert Ward (Father), appeals the trial court's order finding him in contempt of court for failure to pay child support. Having recast this appeal as an application for a writ of prohibition, we deny same.


¶2 In 1995, Father and Respondent, Valerie Ward (Mother), were divorced. It is not disputed that the divorce decree awarded Mother custody of the co... More...
   $0 (02-11-2010 - OK)

J. Kenneth Kelley v. Colleen Kelley Root

Defendants appeal the trial court’s October 22, 2008 judgment of partition regarding a disputed 40-acre parcel of land located in Ash Township within Monroe County, which was owned by the parties as tenants in common. We affirm.

Plaintiffs’ August 8, 2007 complaint sought to partition the 40-acre parcel of property, described as:

The East ÂĽ of the Southeast ÂĽ of Section 33,... More...
   $0 (02-11-2010 - MI)

Architex Association, Inc. v. Scottsdale Insurance Company

¶1. The parties and amici1 assert the matter before this Court is a case of first impression. This Court is called upon to determine whether Architex Association, Inc.’s (“Architex”) intentional hiring or utilization of subcontractors to perform work on one of its projects negates coverage included in the Commercial General Liability (“CGL”) coverage part of three separate “Commercial... More...   $0 (02-11-2010 - MS)

Brown Brothers Harriman Trust Co. v. Anne P. Benson

The sole issue before the Court in this case is whether the North Carolina Constitution requires application of the common law rule against perpetuities’ restriction of the remote vesting of future interests in property. We conclude that it does not.

I. Factual Background and Procedural History

On 27 November 2007, Defendant Anne P. Benson executed a trust (“Benson Trust”) nami... More...
   $0 (02-11-2010 - )

Hayluri Beckles-Palomarres v. Michael Andrew Logan, Jr.

On 20 May 2006, seven-year-old Joshua Beckles-Palomares1 (“Joshua”) was riding his bicycle south on Freeman Street in Winston-Salem, down a slight grade and approaching a “T” intersection with Wells Street. The intersection is controlled by a stop sign requiring vehicles on Freeman Street to stop before entering Wells Street. Michael Logan (“defendant Logan”) was driving his sport util... More...   $0 (02-11-2010 - NC)

Danny L. Benson v. AJR, Inc.

The appellants herein and defendants below, AJR, Inc., and John M. Rhodes (hereinafter collectively referred to as “AJR”), appeal from an order entered July 18, 2008, by the Circuit Court of Wood County. By that order, the circuit court entered judgment in favor of the appellee herein and plaintiff below, Danny L. Benson (hereinafter referred to as “Mr. Benson”), in the amount of $94,910.2... More...   $0 (02-11-2010 - WV)

JPG Enterprises, Inc. v. Sean McLellan

In this appeal and cross-appeal involving the construction of a home upon land owned by the buyer, the trial court certified a question to our court as one of great public importance. We restate the certified question as follows:

   $0 (02-10-2010 - FL)

Kennth Ackerman v. OHSU Medical Group

Plaintiff was injured as the result of treatment he received while a patient at Oregon Health and Science University (OHSU). He brought this action against two of his physicians as well as OHSU and OHSU Medical Group (Medical Group), the latter two in their capacity as the physicians' employers. A jury returned a verdict in favor of one of the physicians, but found that the other, West, was negl... More...   $0 (02-10-2010 - OR)

Jeanie Weekley v. Jerry Prostrollo and Robert J. Wagner

[¶1.] A beneficiary brought suit against an estate’s personal representatives. She alleged breach of fiduciary duty and negligence. After a bench trial, the circuit court ruled in favor of the personal representatives. On appeal, we affirm in part, reverse in part, and remand.


[¶2.] Walter Brownlee, Sr. died testate on August 17, 1997. His will devised all his Certific... More...
   $0 (02-10-2010 - SD)

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