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Construction Law
 
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.

Background

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

Joelle Ogletree v. Glen Rose Independent School District

After she was terminated from her teaching job at Glen Rose High School, Joelle Ogletree sued the Glen Rose Independent School District. The trial court initially sustained the District’s plea to the jurisdiction, and in an earlier appeal, we reversed in part and affirmed in part that ruling, holding that the District did not have sovereign immunity as to Ogletree’s breach of contract and sec... More...   $0 (02-10-2010 - TX)

3D/I + Perspectiva, a Texas Joint Venture v. Castner Palms, LTD

3D/I + Perspectiva ("3D/I") - a joint venture - appeals the jury's verdict for Castner Palms, Ltd. ("Castner Palms") stemming from the latter's suit for negligence. In two issues, 3D/I contends that the trial court erred by denying its: (1) motion for instructed verdict when Castner Palms failed to present expert testimony applicable to a construction-management firm's standard of care in pursuit ... More...   $0 (02-10-2010 - TX)

John Dubinsky v. Mermart

John Dubinsky, William Stern, Alvin Siteman, Eldon Schoenberg, David Rasch, and Jack Cregan (“Subordinate Bondholders”) invested in a refinancing venture for a real estate development.

They sued the developer of the project, Mermart, L.L.C. (“Mermart”), alleging breach of contract and demanding equitable 2The Honorable Carol E. Jackson, United States District Judge for the Eastern ... More...
   $0 (02-10-2010 - MO)

Williamson Pounders Architects, P.C. v. Tunica County Mississippi

This suit is about choice of law. The choices are the law of Mississippi and that of Tennessee. We must choose because an architectural firm brought suit against a Mississippi county and its governing board under a contract that made Tennessee’s law controlling. The Mississippi district court granted summary judgment in favor of the county, finding the contract’s choice was overridden by the p... More...   $0 (02-09-2010 - MS)

Villa Highlands, LLC v. Western Community Insurance Company

This case involves a dispute over an insurance claim filed by Appellant Villa Highlands, LLC (Villa Highlands) under its builder‟s risk insurance policy issued by Western Community Insurance Co. (Western Community) and Farm Bureau Insurance Company of Idaho (Farm Bureau). 1 In May 2006, during construction, the Villa Highlands building was destroyed by fire. Thereafter, a dispute and litigation ... More...   $0 (02-09-2010 - ID)

Desiree Gonzalez v. Government Employees Insurance Company

Plaintiff, Desiree Gonzales, filed suit for injuries received in a one car accident. Plaintiff filed suit against several defendants. At the time of trial, there were two defendants remaining, Louisiana Department of Transportation and Development (DOTD), and the Public Belt Railroad Commission of the City of New Orlealns. (NOPB).

The trial in this matter was bifurcated, with the claims aga... More...
   $0 (02-09-2010 - LA)

Richard D. Schultz v. United States of America

Proposed Intervenor Thomas Bourke (“Bourke”) seeks review of the denial of his motion to intervene as of right pursuant to Fed. R. Civ. P. 24(a)(2). We affirm the judgment of the district court because denial of Bourke’s motion was proper under the Mandatory Victims Restitution Act (“MVRA”), 18 U.S.C. § 3663A, which gives rise to Bourke’s interest in this action.

Because the... More...
   $0 (02-09-2010 - CA)

Nestlé Purina Petcare Co. v. Commissioner of Internal Revenue

In 1989, Ralston established an employee stock ownership plan (“ESOP”). See 26 U.S.C. §§ 401(a), 401(k), 4975(e)(7). A trust held the ESOP’s assets, primarily Ralston preferred stock.

Ralston contributed to the ESOP for the benefit of participating employees. In 1994 and 1995, Ralston claimed deductions, totaling over $66 million, for its stated dividends on the preferred stock, wh... More...
   $0 (02-09-2010 - )

Wen Y. Chiang, v. Verizon New England Inc.

In July 2006, plaintiff Wen Y. Chiang sued his telecommunications company, Verizon New England Inc. (Verizon NE), in state court, alleging in part that the company had billed his account for telephone service he had not ordered. Chiang filed a second state court suit against Verizon NE in February 2007 over a billing dispute triggered by Chiang's conceded failure to pay telephone bills on two acc... More...   $0 (02-09-2010 - MA)

Joseph Griffin v. Burlington Volkswagen, Inc.


In August 2006, plaintiff Joseph Griffin purchased a car from defendant Burlington Volkswagen. This purchase required Griffin to obtain financing. According to Griffin, he was assured at the time of the sale by defendant Augustine Staino, an employee of Burlington Volkswagen, that he had already been approved for such financing. After paying a $1,000 deposit and signing a retail order form, G... More...
   $0 (02-09-2010 - NJ)

Jorge Chacon v. Edward Litke

In these consolidated appeals, defendants Edward Litke and the Edward Litke Revocable Trust of 1995 (Litke) appeal from a judgment and postjudgment order of the San Francisco Superior Court in a wrongful eviction action in favor of plaintiffs Jorge Chacon, Sr., Gilma Chacon and their adult children, Jorge Chacon, Jr., Amilcar Chacon, and Tania Chacon (Chacons).1 Following a bench trial, the court ... More...   $0 (02-08-2010 - CA)

Terri Crandall v. City and County of Denver

Plaintiffs Terri Crandall and JoAnn Hubbard sued for injunctive relief against the City and County of Denver under the citizen-suit provision of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. § 6972(a)(1)(B). Their concern is that aircraft deicing fluid (ADF), which can produce hydrogen-sulfide gas when it decomposes, endangers human health at Concourse B of the Denver Inter... More...   $0 (02-08-2010 - CO)

Marcus Hesehorst Schwinn v. Harleysville Mutual Insurance Company

Stephen Ebbets, a licensed real estate agent representing Long and Foster Real Estate, Inc. (“Long and Foster”), caused a motor vehicle collision that severely injured Josef and Doerte Hesse. The Hesses, through their guardians ad litem, brought this declaratory judgment action against Ebbets and Harleysville Mutual Insurance Company (“Harleysville”), Long and Foster’s insurance carrier,... More...   $0 (02-08-2010 - VA)

Edward A. Lehan v. Jane E. Lehan

The defendant, Jane E. Lehan, appeals from the judgment of the trial court rendered following the granting of a motion for contempt and a motion for modification filed by the plaintiff, Edward A. Lehan, Jr.

On appeal, the defendant claims that the court improperly (1) found the defendant in contempt for failure to pay child support, (2) modified the child support order when the plaintiff’... More...
   $0 (02-08-2010 - CT)

Debra Tomlinson v. John Tomlinson

The plaintiff, Debra Tomlinson, appeals from the judgment of the trial court granting the motion of the defendant, John A. Tomlinson, to modify the unallocated alimony and child support order incorporated by reference into the judgment dissolving the parties’ marriage and from the judgment of the court denying her motion for contempt. On appeal, the plaintiff claims that (1) the court improperly... More...   $0 (02-08-2010 - CT)

Bacon Construction Co. v. Dept. of Public Works

The defendant, the department of public works, appeals1 from the judgment of the trial court granting the application of the plaintiff, Bacon Construction Company, Inc., to confirm an arbitration award for damages relating to a public works contract between the parties and denying the defendant’s motion to vacate the award, and from the court’s denial of the defendant’s motion to dismiss the... More...   $0 (02-07-2010 - CT)

Afred Chiulli & Sons, Inc. v. Hanover Ins. Co.

The plaintiff, Alfred Chiulli and Sons, Inc., as general contractor and principal, and the named defendant, Hanover Insurance Company (Hanover),1 as surety, executed a payment bond pursuant to General Statutes (Rev. to 1999) § 49-412 in favor of the city of Meriden (city), in connection with the construction of the Thomas Edison Middle School in the city (project).

The plaintiff brought th... More...
   $0 (02-07-2010 - CT)

Scheherezade Sharabianlous v. Ronald M. Karp

These appeals have their origin in a failed real estate transaction. Appellants Farrokh and Scheherezade Sharabianlou offered to purchase a commercial building owned by respondent Berenstein Associates.1 The Sharabianlous engaged real estate agent Ronald Karp and his company California Realty Investment Company (hereafter the Karps) to represent them in the transaction. Soon after the offer was ma... More...   $0 (02-05-2010 - CA)

Myrtis Williams v. State Farm Mutual Automobile Insurance Company

Richard Conner, as the only named insured, obtained a Texas personal automobile insurance policy from State Farm Mutual Automobile Insurance Company through David Scholl, State Farm’s local agent. Conner’s address as listed on the insurance policy as issued was 1903 Circle Drive in Marshall and the insured automobile was shown as a 2002 Cadillac Escalade. The declarations page of the policy ... More...   $0 (02-05-2010 - TX)

Rita Weintraub; v. Quicken Loans, Inc.

Prior to closing on a loan to refinance their principal residence, Rita and Barry Weintraub attempted to exercise the right to rescind given by the Truth in Lending Act, 15 U.S.C. § 1635(a), and demanded a refund of their $500 deposit. The lender, Quicken Loans, Inc., refunded the balance of the deposit after deducting the costs of a credit report and an appraisal but refused to refund the entire... More...   $0 (02-05-2010 - VA)

Proshiplilne, Inc. v. Aspen Infrastructures, Ltd.

The litigants’ legal relationship formally began on April 9, 2006, when EP-Team1 and Aspen2 entered into the Sales and Logistics Services Agreement. Under the Agreement, ProShipLine, 3 as EP-Team’s designated agent and assignee, agreed 1EP-Team is incorporated in Delaware. EP-Team is a consulting and management enterprise that works with companies across a variety of business sectors.

... More...
   $0 (02-05-2010 - WA)

Jose U. Gonzalez v. Michael J. Astrue

On December 8, 1998, while working for a cleaning service stripping floors, Mr. Gonzalez slipped on a wet surface and fell to the ground, sustaining a blow to his right temple.

He claims he has been unable to work since this accident due to the residual effects of his head injury. Specifically, he claims that he suffers from intense, throbbing headaches; memory loss; anxiety; depression;... More...
   $0 (02-05-2010 - CA)

David English v. Bay Ltd., Universal Construction, and Alon USA negligent

David English, age 49, Bay Ltd., Universal Construction, and Alon USA on negligence theories claiming that he suffered a spinal cord injury and was paralyzed from the neck down as a direct result of an accident at Alon's refiner in Big Spring, Texas in 2007. Plaintiff claimed that a stack of electrical cabinets toppled onto him causing him to fall against steps breaking his neck.

English ... More...
   $12100000 (02-05-2010 - TX)

Patricia Ruddy v. Roger and Donna Shelly

¶1 Plaintiffs/Appellants Patricia Ruddy and William Ruddy (Plaintiffs) seek review of the trial court's order granting a motion for summary judgment by Defendants/Appellees Roger Skelly and Donna Skelly d/b/a Skelly Enterprises and McAnaw & Company Realtors (collectively, Defendants) and entering judgment in Defendants' favor based upon the statute of repose embodied in 12 O.S. §109. In this app... More...   $0 (02-04-2010 - OK)

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