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Construction Law
 
Coralie Kurstin v. Bromberg Rosenthal, LLP

Our concern is with the threshold of appealability. The particular aspect thereof that commands our attention is the collateral order doctrine. Does the denial in this case of a motion to quash a discovery order qualify as a privileged collateral order within the contemplation of the doctrine? Or shall its review more properly await a final judgment?

The Procedural Background

The app... More...
   $0 (03-01-2010 - MD)

Media Technologies Licensing, LLC. v. The Upper Deck Company

Media Technologies Licensing, LLC (“Media Tech”) appeals the judgment of the United States District Court for the Central District of California granting summary judgment that U.S. Patent No. 5,803,501 (“’501 patent”) and U.S. Patent No. 6,142,532 (“’532 patent”) are invalid due to obviousness. Media Techs. Licensing LLC v. Upper Deck Co., No. 01-1198 AHS-AN (C.D. Cal. Oct. 6, 2008... More...   $0 (03-01-2010 - CA)

State Auto Property and Casualty Company v. Matty, et al.

The United States District Court for the Middle District of Georgia has certified a question to this Court about how to determine the meaning of the term “accident” in an automobile liability insurance policy when the word is not expressly defined in the policy and, more specifically, how to determine if there has been one accident or two when an insured vehicle strikes one claimant and then v... More...   $0 (03-01-2010 - GA)

Kaplan v. City of Sandy Springs

This is a companion case to City of Sandy Springs v. Kaplan, 286 Ga. 160 (686 SE2d 115) (2009). In that case, the city sought, and this Court granted, interlocutory review of an order denying the city’s motion for summary judgment. We affirmed the denial of the city’s summary judgment motion, but remanded for further consideration and clarification of the trial court’s order. In this case, F... More...   $0 (03-01-2010 - GA)

Summerlin v. Georgia Pines Community Service Board

Appellant Marilyn Summerlin, in her capacity as the mother of 18-yearold George Summerlin and the administratrix of his estate, filed a wrongful death action against Georgia Pines Community Service Board (the board), for the wrongful death of her son. At the time of his death, George was a patient at Georgia Pines, a residential facility for the care and treatment of individuals with mental illnes... More...   $0 (03-01-2010 - GA)

Christy Aills v. Luciano Boemi, M.D.

In the case before us, petitioner Christy Aills seeks review of the decision of the Second District Court of Appeal in Aills v. Boemi, 990 So. 2d 540 (Fla. 2d DCA 2008).1 In that case, the Second District Court of Appeal reversed a judgment in favor of Aills, the patient, in a medical malpractice action against the defendant plastic surgeon, Dr. Luciano Boemi, arising out of negligence in connecti... More...   $0 (02-26-2010 - FL)

Walker & Associates Surveying, Inc. v. Royce Roberts

Royce Roberts hired Walker & Associates Surveying, Inc. (WAS) and Dennis Walker (Walker) d/b/a Walker and Associates Construction (WAC) (collectively the Walker Group) to extend a horse training racetrack on his property. A dispute arose as to how to build the racetrack, workers were instructed to leave the job, and WAS filed a mechanic’s lien affidavit on Roberts’ property. WAS filed suit o... More...   $0 (02-26-2010 - TX)

Louise Shih v. David A. Tamisiea and Scheef & Stone, L.L.P.

Appellant Louise Shih sued appellees David A. Tamisiea and Sheef & Stone, L.L.P., asserting claims for professional negligence, violation of the Texas Deceptive Trade Practices Act (DTPA), and breach of fiduciary duty. In three issues, Shih appeals the trial court's summary judgment orders dismissing her claims against appellees. We affirm the trial court's summary judgment in favor of appellees ... More...   $0 (02-26-2010 - )

Philip W. Barnes v. Old American County Mutual Fire Insurance Company

Philip W. Barnes appeals from the trial court's order granting the motion of Old American Mutual Fire Insurance Company ("Old American") for directed verdict and awarding Old American damages, prejudgment and postjudgment interest, and attorneys' fees in a dispute arising from various nonstandard automobile insurance programs. We will affirm the trial court's order awarding damages, prejudgment i... More...   $0 (02-26-2010 - TX)

Rosemary Smith v. Kelly-Moore Paint Company, Inc.

This is an appeal from a summary judgment in favor of appellee Kelly-Moore Paint Company, Inc. in this asbestos exposure products liability case.[1] In a single issue, appellants Rosemary Smith, Brady Smith, and Donna Hubbard, Individually and as Personal Representative of the Heirs and Estate of Dorman Smith, Deceased (collectively, the Smiths), contend that the trial court erred by granting a no... More...   $0 (02-26-2010 - )

School Board of the City of Newport News v. Commonwealth of Virginia

In this appeal, we consider whether the trial court erred in holding that an insurance policy administered by the Commonwealth did not cover a claim made by the School Board of the City of Newport News (“the School Board”).

I.

FACTS AND PROCEEDINGS BELOW

The Commonwealth, through its Division of Risk Management (“Risk Management”), established and administers an insura... More...
   $0 (02-25-2010 - VA)

William M. Sales v. Kecoughtan Housing Company, Ltd., et al.

In this appeal we consider whether the circuit court erred in sustaining a demurrer filed by a landlord and its agent, when a tenant claimed to have suffered personal injuries and property damage as a result of misrepresentations and negligent repairs.

William M. Sales (Sales) filed a complaint against Kecoughtan Housing Company (Kecoughtan) and Abbitt Management, Inc. (Abbitt) alleging one... More...
   $0 (02-25-2010 - VA)

Trading Technologies International, Inc. v. Espeed, Inc., et al.

The United States District Court for the Northern District of Illinois held that eSpeed, Inc., Ecco LLC, Eccoware Ltd., and eSpeed International Ltd. (collectively, “eSpeed”) infringed the asserted claims of U.S. Patent No. 6,772,132 (“’132 patent”) and U.S. Patent No. 6,766,304 (“’304 patent”) with one accused service product, but not willfully. The district court further held tha... More...   $0 (02-25-2010 - IL)

Alloc, Inc. v. Pergo, Inc.

Pergo (Europe) AB and Pergo, Inc. (collectively “Pergo”) appeal from the judgment of the United States District Court for the Eastern District of Wisconsin denying its motion for judgment as a matter of law (“JMOL”) or for a new trial on invalidity of claims 7 and 10-12 of U.S. Patent 6,421,970 (“the ’970 patent”) and claim 32 of U.S. Patent 6,397,547 (“the ’547 patent”). Alloc... More...   $0 (02-25-2010 - WI)

Bhavanidas Kode v. Tara N. Carlson

I. Background In March 2006, Tara Carlson struck a trailer being towed by a vehicle in which Bhavanidas Kode was a passenger. In June 2007, Kode brought a diversity action against Carlson claiming economic and non-economic damages totaling $1,000,000. Although Carlson admitted she was negligent and that her negligence caused Kode to suffer some injury, the nature and extent of the injury remained ... More...   $0 (02-25-2010 - OR)

Carpenters K. C. Pension Fund v. JNL Construction Co

JNL Construction Company, Inc. (JNL), Larry McAllister (Larry), Nancy McAllister (Nancy), and TVM Rentals, Inc. (TVM) appeal the district court’s adverse grant of summary judgment in an action brought under section 502, see 29 U.S.C. § 1132 (civil enforcement), and section 515, see 29 U.S.C. § 1145 (delinquent contributions), of the Employment Retirement Security Income Act (ERISA). Upon de no... More...   $0 (02-25-2010 - MO)

DeSmet Farm Mutual Insurance Company of South Dakota v. Gulbranson Development Company, Inc.

[¶1.] Insurer, De Smet Farm Mutual (De Smet) brought a declaratory action against its insured claiming the language of the policy excluded coverage and a duty to defend the insured in an underlying action. De Smet filed a motion for summary judgment; its insured, Gulbranson Development Company, contended coverage existed under a theory of estoppel. The trial court granted the insured’s motion i... More...   $0 (02-25-2010 - SD)

Michael Johnson d/b/a Michael Johnson Construction v. Robert Larson and Joel Penny

[¶1.] In this breach of contract, conversion, and unjust enrichment case, the circuit court held that defendants were unjustly enriched by plaintiff’s services, after a jury rendered a verdict in favor of defendants on plaintiff’s breach of contract and conversion claims. On appeal, we reverse the court’s damages award against one defendant because two express contracts govern the rights be... More...   $0 (02-24-2010 - SD)

Citadel Investment Group, LLC v. Teza Technologies, LLC

Following an evidentiary hearing, plaintiff Citadel Investment Group, LLC (Citadel), filed this interlocutory appeal pursuant to Illinois Supreme Court Rule 307(a)(1) (188 Ill. 2d R. 307(a)(1)), seeking reversal of the portion of the circuit court’s order which granted preliminary injunctive relief lasting only through November 16, 2009, against defendant Mikhail Malyshev and through November 17... More...   $0 (02-24-2010 - IL)

Debra Sinkle Kolsky v. Jackson Square, LLC

The appellants, five of eight defendants in the suit below, appeal from the trial court’s order denying their motion to compel arbitration and motion to dismiss for improper venue. For the following reasons, we reverse that portion of the order denying the appellants’ motion to compel arbitration. We affirm, however, that portion of the order denying the motion to dismiss for improper venue wi... More...   $0 (02-24-2010 - FL)

Annunziata Gould v. Deschutes County

This petition and cross-petition for judicial review arise from a Land Use Board of Appeals (LUBA) decision that remanded Deschutes County's approval of the final master plan (FMP) for development of a destination resort by Thornburgh Resort Company, LLC (Thornburgh). The issues on review concern Thornburgh's fish and wildlife mitigation plans. Petitioner Gould argues that LUBA remanded too litt... More...   $0 (02-24-2010 - OR)

Joel Drum v. San Fernando Valley Bar Association

We hold that a voluntary bar association did not engage in an unfair business practice in violation of the California Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.)1 (UCL) when, allegedly, it unilaterally refused to sell its membership mailing list to a person who intended to offer low-priced mediation services in competition with higher-priced mediation services offered by some of t... More...   $0 (02-24-2010 - CA)

Jennifer Lobo v. Tamco

Plaintiffs, the survivors of a deputy sheriff killed in a vehicular collision, appeal a summary judgment in favor of defendant Tamco. We reverse in part.

BACKGROUND

Daniel Lobo, a San Bernardino County deputy sheriff, was killed on October 11, 2005, allegedly as the result of negligent operation of a motor vehicle by defendant Luis Duay Del Rosario while acting in the course and scop... More...
   $0 (02-24-2010 - CA)

Parchester Village Neighborhood Council v. City of Richmond

Defendants the City of Richmond and the City Council of the City of Richmond (City) appeal the judgment granting a peremptory writ of mandate invalidating a municipal services agreement (MSA) entered into by the City and the Scotts Valley Band of Pomo Indians of California (Tribe). The trial court concluded the City violated the California Environmental Quality Act (Pub. Resources Code, § 21000 e... More...   $0 (02-24-2010 - CA)

Niagara Mohawk v. Consolidated Rail

This case is yet another in a series of cases that
attempt to chart the contours of liability of a potentially
responsible party (“PRP”) under §§ 107(a)(4)(B) and
113(f)(3)(B) for contribution towards, and payment of, costs
resulting from the identification and cleanup of hazardous
substances under the Comprehensive Environmental Response,
Compensation, and Liability ... More...
   $0 (02-24-2010 - NY)

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