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Construction Law
 
Kuhn Construction, Inc. v. Diamond State Port Corporation

Kuhn Construction Company submitted the lowest bid to reconstruct a wharf for Diamond State Port Corporation, but later disputed construction and engineering plans. When DSPC’s executive director asserted that their contract’s referee clause allowed him to arbitrate disputes between the parties, Kuhn sued to enjoin arbitration. The Vice Chancellor granted DSPC’s motions to dismiss and compel... More...   $0 (03-08-2010 - DE)

Boro Construction, Inc. v. Ridley School District

Boro Construction, Inc. (Boro) and Ridley School District (District) have filed cross appeals from the orders entered in the Court of Common Pleas of Delaware County (trial court) denying their motions for post-trial relief and entering judgment in favor of the District and against Boro on the complaint, and in favor of Boro and against the District on the District’s counterclaims. We affirm.More...   $0 (03-08-2010 - PA)

PVC Windows, Inc. v. Babbitbay Beach Construction

This case arises out of two contracts for the supply and installation of
windows and doors for a hotel construction project on the island of Saint Maarten
in the Netherlands Antilles. PVC Windoors, Inc. sued the parties with whom it
contracted and others for breach of contract and fraud in an effort to obtain
payment for work it performed.1 The defendants moved the district court t... More...
   $0 (03-08-2010 - FL)

Osage Nation v. Oklahoma Farm Bureau

Plaintiff-Appellant the Osage Nation (“the Nation”) appeals from the grant of summary judgment for Defendants-Appellees. The Nation sought (1) a declaratory judgment that the Nation’s reservation, which comprises all of Osage County, Oklahoma, has not been disestablished and remains Indian country within the meaning of 18 U.S.C. § 1151; (2) a declaratory judgment that Nation members -3- who... More...   $0 (03-08-2010 - OK)

Bob and Jane Cull v. Perry Homes and Warranty Underwriters Insurance Co.

Bob and Jane Cull sued Perry Homes and Warranty Underwriters Insurance Co. on breach of contact theories claiming that 2,900-square-foot, four bedroom house that they bought in 1996 near Walnut Creek Country Club suffered from numerous construction defects and deficiencies that Defendants refused to remedy despite demands made by them. Plaintiffs claimed that they first started noticing cracking ... More...   $58000000 (03-06-2010 - TX)

Oklahoma Department of Transportation v. Sutherland Lumber and Home Center, Inc.

The Oklahoma Department of Transporation sued Sutherland Lumber on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in property owned by Sutherland for construction of a public highway. The specifics of the claims made and defenses asserted are not avaiable bu the Commissioners' award in the case was $427,280.... More...   $108802 (03-05-2010 - OK)

Jill Parisien v. Ronald Parisien

[¶1] Ronald Parisien appeals from a divorce judgment, arguing the district court erroneously awarded Jill Parisien permanent spousal support. We affirm.

I

[¶2] Ronald and Jill Parisien were married in 1975. They have four living adult children. Jill Parisien sued for divorce in September 2008 on the grounds of adultery, extreme cruelty, willful neglect, conviction of felony, and ir... More...
   $0 (03-05-2010 - ND)

Brenton R. Smith v. Adventist Health System/West

This appeal is another chapter in the litigation between Dr. Brenton R. Smith and three hospitals run by Adventist Health System/West. (See Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [hospital governing board erroneously revoked Smith‟s staff membership and hospital privileges]; Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501 [litigation resulting from fail... More...   $0 (03-05-2010 - CA)

Debra Coito v. The Superior Court of Stanislaus County

We consider the question whether the statement of a witness, taken in writing or otherwise recorded verbatim, by an attorney or the attorney‘s representative, is entitled to the protection of the California work-product privilege. We will follow the weight of authority and find such statements not protected and therefore available through discovery. The superior court here followed contrary lang... More...   $0 (03-05-2010 - CA)

Warren and Betty Beaver v. Michael and karen Brumlow

{1} This case is about a verbal agreement made by Warren and Betty Beaver (Sellers) to sell land for a home site to Michael and Karen Brumlow (Buyers). Sellers reneged on the agreement after Mr. Brumlow left Sellers’ employment and started working for a competitor. The trial court ordered specific performance of the oral agreement, and Sellers appeal. Sellers acknowledge that the evidence was su... More...   $0 (03-04-2010 - NM)

Quynh Truong v. Allstate Insurance Company

{1} In this class action case, we are asked to determine the applicability of an exemption
to the Unfair Practices Act (UPA), NMSA 1978, Sections 57-12-1 to -22 (1967, as amended
through 1999), that bars UPA suits based on “actions or transactions expressly permitted
under laws administered by a regulatory body of New Mexico.” Section 57-12-7 (emphasis
added).

{2} Plai... More...
   $0 (03-04-2010 - NM)

Suncor Energy (U.S.A.) Pipeline Company v. Saddle Ridge, LLC

This case arises from a contract dispute between Saddle Ridge, a real estate development company, and Suncor Energy, a corporation that owns an easement over a parcel of Saddle Ridge’s land. After both parties moved for summary judgment,1 the district court granted summary judgment in favor of Suncor. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I

The parties a... More...
   $0 (03-04-2010 - WY)

Coast To Coast Demolition and Crushing, Inc. v. Real Equity Pursuit, LLC

This is an appeal from a judgment entered by confession. The appellants, who are the judgment debtors, acknowledged the debt but challenge the confession on statutory grounds and as unconscionable. We affirm.

I.

Respondent Real Equity Pursuit, LLC, loaned appellants Jimi Telford, Nancy Combs, and Coast to Coast Demolition and Crushing, Inc. (collectively, Coast to Coast... More...
   $0 (03-04-2010 - NV)

Brenton R. Smith, et al. v. Adventist Health System/West, et al.

This appeal is another chapter in the litigation between Dr. Brenton R. Smith and three hospitals run by Adventist Health System/West. (See Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [hospital governing board erroneously revoked Smith‟s staff membership and hospital privileges]; Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501 [litigation resulting from fail... More...   $0 (03-04-2010 - CA)

Robert French v. Law Offices of Windle Turley, P.C.

This appeal arises out of the now ten-year pursuit of attorney=s fees by the Law Offices of Windle Turley, P.C. (ALOWT@) (Editor's Note: The Second District of the Texas Court of Appeals publishes its reports with characters substituted for certain punctuation marks.) against Robert French. A jury awarded no damages on the quantum meruit claim filed by LOWT against French and $1,400,000 in damage... More...   $0 (03-04-2010 - TX)

The City of New York v. Golden Feather Smoke Shop, Inc.

Defendants-appellants Monique’s Smoke Shop et al. appeal from the August 25, 2009 grant of a preliminary injunction to the City of New York (the “City”) by the United States District Court for the Eastern District of New York (Amon, J.), enjoining the sale of untaxed cigarettes other than to members of the Unkechauge Nation for their personal use.

The district court determined firs... More...
   $0 (03-04-2010 - NY)

Joseph S. Livingston v. Metropolitan Pediatrics, L.L.C.; Heather M. Moore, M.D.; Dean A. Moshofsky, M.D.; Karen H. Lickteig, M.D.; Gwynneth G. Neace, D.O.: Ricahrd Barsotti, M.D.; Gaile A. Rydell, M.D.; Catherine Thomas; PMP; Karen Heichelheim; Mary Kay Brady; and Nicole Huyck, aka Nichole Powers

Plaintiff brought common-law claims against defendants for wrongful discharge, breach of contract, intentional infliction of emotional distress, and intentional interference with economic relations, and brought statutory claims of employment discrimination, ORS 659A.230 (whistleblowing),(1) and blacklisting, ORS 659.805.(2) This is an interlocutory appeal of an order denying defendants' motion t... More...   $0 (03-03-2010 - OR)

Clarence D. Lasley v. Combined Transport, Inc.

This is an appeal by one of two defendants in a wrongful death action. Defendant Combined Transport appeals from a judgment for plaintiff. The jury found Combined Transport 22 percent at fault and the other defendant, Clemmer, 78 percent at fault. We affirm in part, reverse in part, and remand for a new trial.

Combined Transport is a trucking company that specializes in transporting la... More...
   $0 (03-03-2010 - OR)

Portland General Electric Company v. Kenneth Hick

This dispute arose from a break in a sewer pipe that connected a private building to the Portland sewer system. The break generated a sewage smell in a Subway restaurant that was located in the building, and the restaurant operators, the Smiths, sought damages against the building owner, Hartmann, in claims for breach of the lease, trespass, and nuisance. Hartmann contended that the City of Port... More...   $0 (03-03-2010 - OR)

Elaine Wiseman v. John J. Armstrong, et al.

The plaintiff, Elaine Wiseman, in her capacity as administratrix of the estate of her deceased son, Bryant Wiseman (decedent), appeals1 from the judgment of the trial court rendered in favor of the named defendant, John J. Armstrong, in his capacity as the commissioner of correction, and others2 in her action for the wrongful death of the decedent while he was incarcerated at Garner correctional i... More...   $0 (03-03-2010 - CT)

Glacial Aggregates, LLC v. Town of Yorkshire

Glacial Aggregates LLC (Glacial or the company) was formed in 1996 to conduct sand and gravel mining after John M. Clarey, one of its principals, learned that the Buffalo area needed additional sources of sand and aggregates. At the time, Clarey had 20 years of experience in oil and gas drilling in Western New York.

Glacial scouted out potential mining sites along Route 16 in Cattaraugus Co... More...
   $0 (03-03-2010 - )

Richard J. Spillane v. Samuel Adams

The plaintiffs, Richard and Christine Spillane (Spillanes), objected to the presence of two small boats moored on tidal flats within sight of their house located on Black Beach in the town of Manchester-by-the-Sea (town). Confident of their right to do so and exercising self-help, they had the moorings removed. Thereafter they sought a declaration under G.L. c. 231A in the Land Court to establish ... More...   $0 (03-03-2010 - MA)

Luciani Realty Partners v. North Haven Academy, L.L.C.

The plaintiff, Luciani Realty Partners, appeals from the summary judgment rendered in favor of two of the defendants in this case, 97 Washington, LLC, and North Haven Academy, LLC, on the first, second, third and eleventh counts of the plaintiff’s amended complaint.1 Specifically, the plaintiff claims that the trial court improperly rendered summary judgment as to the counts of its amended compl... More...   $0 (03-02-2010 - CT)

Teva Pharmaceuticals, USA, Inc v. Kathleen Sebelius

This is the latest installment in a long-running series of cases concerning an incentive that Congress established for companies to bring “generic” versions of branded drugs to market faster than they otherwise might. Teva Pharmaceuticals USA, Inc., a manufacturer of generics, has received tentative approval from the U.S. Food and Drug Administration to sell losartan potassium products—used ... More...   $0 (03-02-2010 - )

Rita Reid v. Lincoln Charter Township

Plaintiff Rita Reid, as trustee of the Rita G. Reid Trust, appeals as of right the July 16, 2008 final order granting summary disposition to defendant Lincoln Charter Township (the Township) on her claims for regulatory taking and inverse condemnation. Reid also appeals several other orders entered by the trial court: the May 18, 2007 order denying in part her motion for leave to file an amended c... More...   $0 (03-02-2010 - MI)

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