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Construction Law
 
Glover Construction Company, Inc. v. Oklahoma Department of Transportation

Glover Construction Company, Inc. sued the Oklahoma Department of Transportation on a breach of contract theory that Defendant breach the contract entered into by the parties on September 22, 2005.

Defendant claimed that Plaintiff failed to comply with section 104.6 of the contract.... More...
   $0 (08-16-2011 - OK)

City of Houston, Texas v. Roger Bates, Michael L. Spratt and Douglas Springer

The City of Houston, appellant, appeals from a judgment entered in favor of appellees, Roger Bates, Michael L. Spratt, and Douglas Springer, following a bench trial. We affirm.

Factual and Procedural Background

The key facts of this case are undisputed. Houston is a home-rule municipality of the State of Texas. Appellees are retired fire fighters who spent their careers working fo... More...
   $0 (08-16-2011 - TX)

Charles Seber and Barbara Seber v. Union Pacific Railroad Company

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.

BACKGROUND

This dispute centers on the closing of a private crossing over Union Pacific’s railroad right-o... More...
   $0 (08-16-2011 - TX)

Nathan P. Philipello and Shari K. Philipello v. The Nelson Family Farming Trust

Landowners-grantees challenge a summary judgment in which the trial court construed a deed as reserving to the grantor for a period of ten years one-eighth of the royalty in oil, gas, or other minerals in and under the land conveyed in the deed. We affirm.

Factual and Procedural Background

This case involves a dispute over the construction of language in a deed regar... More...
   $0 (08-16-2011 - TX)

Kenneth Whithaus v. The Curators of the University of Missouri

Mr. Kenneth Whithaus appeals from the trial court‟s judgment dismissing his suit against the Curators of the University of Missouri. Mr. Whithaus sought reinstatement of his long-term disability benefits, and the trial court found it lacked subject matter jurisdiction. We reverse and remand.

Factual and Procedural Background

According to the allegations in the petition, Mr. Whi... More...
   $0 (08-16-2011 - MO)

Karen V. Cappuccio v. Prime Capital Funding, LLC

Appellant Karen Cappuccio appeals an unfavorable jury verdict on her complaint under the Truth In Lending Act (“TILA”), 15 U.S.C § 1601 et seq., against Appellee E*Trade for its failure to properly notify her of her right to cancel her home mortgage. Cappuccio challenges various aspects of the jury instructions, including the District Court’s directive that because her signature was on the ... More...   $0 (08-16-2011 - )

Sheena Russell v. Camita Parden Beddow

Sheena and Brian Russell, plaintiffs in the personal injury action below, raise three issues on appeal, arguing that the trial court erred by: 1) denying their motion for directed verdict or, alternatively, new trial, with respect to the issue of comparative negligence; 2) denying their motion for additur or new trial with respect to the jury’s zero verdict for past lost wages; and 3) the trial ... More...   $0 (08-15-2011 - FL)

Jerald Scott Langston d/b/a Scott Asphalt & Construction, Inc. v. Thomas A. Davenport d/b/a Catoosa Business Services

Jerald Scott Langston d/b/a Scott Asphalt & Construction, Inc. v. Thomas A. Davenport d/b/a Catoosa Business Services an dDale Davenport and Paul Hood, CPA on on breach of contract and other theories.

The claims made and defenses asserted are not available.... More...
   $1 (08-15-2011 - OK)

Brigham Oil and Gas v. Lario Oil & Gas Company

[¶1] Brigham Oil and Gas, L.P. ("Brigham"), appealed from a partial judgment dismissing its action against Lario Oil & Gas Company ("Lario") and Murex Petroleum Corporation ("Murex") seeking oil and gas production payments based on a claimed leasehold interest in certain mineral acres in Mountrail County. The Triple T, Inc. ("Triple"), and Christine Thompson, as sole trustee of the Navarro 2009 L... More...   $0 (08-15-2011 - ND)

Larry Synder and Company v. Clark Miller d/b/a American Underground Utilities

In this appeal, Plaintiff–Appellant Larry Snyder and Company (Snyder) argues that the district court erred by granting summary judgment to Defendant–Appellee Clark Miller, doing business as American Underground Utilities (Miller), on Snyder’s breach of contract claim. Snyder and Miller entered into a subcontract agreement, under which Miller would install utility trenches underneath what wou... More...   $0 (08-15-2011 - OK)

Jerome C. Anderson v. Hess Corporation

Jerome C. Anderson, Patricia M. Barstad, Joan M. Barstad, Jane C. Craft, Peggy M. Cowan, Jerome Anderson, as Trustee of the Anderson Family Mineral Trust, John C. Anderson, Ray Anderson, Oscar R. Anderson, Beatrice Anderson, Donald Tarczanin, Susan Tarczanin, and Cora Anderson (collectively, “Andersons”) appeal the grant of summary judgment by the district court2 in favor of Hess Corporation (... More...   $0 (08-15-2011 - )

Briscoe v. City of New Haven

25 This appeal raises a disparate-impact issue that was
26 expressly anticipated in Ricci v. DeStefano, 129 S. Ct. 2658
27 (2009), and which has arisen in the aftermath of that case.
28 The City of New Haven and the New Haven Civil Service
29 Board (“CSB”), which administer the city’s firefighter
30 promotion exams, had been concerned that white candidates
3
1 had... More...
   $0 (08-15-2011 - NY)

Bryan Casper v. American International South Insurance Company

¶1 This is a review of a published decision of the court of appeals, Casper v. American International South Insurance Co., 2010 WI App 2, 323 Wis. 2d 80, 779 N.W.2d 444,[1] affirming three orders of the Milwaukee County Circuit Court, Christopher R. Foley, Judge. The case arises out of a tragic accident that occurred when a truck driven by Mark Wearing collided with the Casper family's minivan... More...   $0 (08-15-2011 - WS)

G. William McCoy v. James A. Brown

Contracts for the sale of real property often contain mortgage contingency clauses. In this case, the mortgage contingency clause required the purchasers to apply for a mortgage commitment ‘‘at the prevailing rate . . . and [to] pursue the same diligently.’’

On July 10, 2007, the plaintiffs, G. William McCoy and Karen S. McCoy, filed a three count complaint against the defendants, J... More...
   $0 (08-13-2011 - cT)

Water Pollution Control Authority of The City of Bridgeport v. Ronald Johnson

Pursuant to General Statutes § 49-30,1 the rights of a purchaser acquiring title at a foreclosure sale are governed by the rule of caveat emptor. Mortgage Electronic Registration Systems, Inc. v. White, 278 Conn. 219, 235, 896 A.2d 797 (2006). In this case, in accordance with § 49-30, the property that a purchaser bought at a foreclosure sale previously had been held to be subject to a mortgage ... More...   $0 (08-13-2011 - CT)

Shelly K. Herrell v. National Beef Packing Company, LLC

This is a premises liability case with a twist. Plaintiff Shelly K. Herrell successfully sued defendant National Beef Packing Co., LLC (National Beef) to recover for a knee injury she suffered while working in its Dodge City beef-packing plant. National Beef appeals, arguing that Herrell's status as an employee of an independent contractor, Terracon Consultants, Inc. (Terracon), and her receipt of... More...   $251197 (08-12-2011 - KS)

Yvette Bouffard v. State Farm Fire & Casualty Company

The plaintiff, Yvette Bouffard, appeals the Trial Court’s (Smukler, J.) denial of her request for a declaratory judgment that she is entitled to uninsured motorist (UM) coverage under her umbrella insurance policy issued by the defendant, State Farm Fire & Casualty Company (insurer). The insurer cross-appeals, alleging that the Trial Court (Conboy, J.) erred in denying its earlier motion for sum... More...   $0 (08-11-2011 - NH)

Holly H. Wolf v. Walter Wolfe

¶1 Walter E. Wolf (Walter) appeals a series of interlocutory orders of the Eighteenth Judicial District Court, Gallatin County, concluding that the Dissolution Agreement executed by Walter and his ex-wife, Holly H. Wolf (Holly), unambiguously obligated Walter to continue paying Holly maintenance despite her remarriage in August 2008. On February 16, 2011, pursuant to M. R. App. P. 4(4)(b), we acc... More...   $0 (08-11-2011 - MT)

Yvette Bouffard v. State Farm Fire & Casualty Company

The plaintiff, Yvette Bouffard, appeals the Trial Court’s (Smukler, J.) denial of her request for a declaratory judgment that she is entitled to uninsured motorist (UM) coverage under her umbrella insurance policy issued by the defendant, State Farm Fire & Casualty Company (insurer).

The insurer cross-appeals, alleging that the Trial Court (Conboy, J.) erred in denying its earlier motion ... More...
   $0 (08-11-2011 - NH)

Arlene Fontenot v. Wells Fargo Bank, N.A.

Plaintiff Arlene Fontenot sued Wells Fargo Bank, N.A. (Wells Fargo), Mortgage Electronic Registration Systems, Inc. (MERS), and three other entities after she defaulted on a secured real estate loan and lost the property to foreclosure. In the fourth amended complaint, plaintiff alleged the foreclosure was unlawful because Wells Fargo had breached an agreement to forbear from foreclosure, and MERS... More...   $0 (08-11-2011 - CA)

David Maxwell-Jolly v. Jennifer Martin

This case presents one purely legal question: which statute of limitations applies when a person who received health care services funded by Medi-Cal during her or his lifetime dies with assets held in trust, and the Department of Health Care Services (DHCS) seeks to recover the Medi-Cal payments from the trustee and distributees of the trust. Appellants, the trustee and distributees of the trust,... More...   $0 (08-11-2011 - CA)

Larry Plancich v. United Parcel Service

Larry Plancich (Plancich) sued United Parcel Service, Inc. (UPS) for (1) failing to pay overtime compensation (Labor Code, §§ 510, 1194, 1198); (2) failing to provide meal and rest breaks (Labor Code, §§ 226.7, 512); (3) failing to keep, maintain, and furnish accurate wage statements and time records (Labor Code, §§ 226, 226.3, 1174, 1174.5); (4) conversion (Civ. Code, § 3336); (5) a prelim... More...   $0 (08-11-2011 - CA)

Robert L. Clark v. Smith County District Attorney's Office and Matt Bingham

Robert L. Clark appeals the trial court’s denial of his motion to recuse following the trial court’s summary judgment entered in favor of Appellees Smith County District Attorney’s Office and Matt Bingham. Clark raises three issues on appeal. We affirm.



Background

Clark is an inmate. In May 2006, while incarcerated and proceeding pro se, Clark filed suit... More...
   $0 (08-11-2011 - TX)

Nilesh Bavishi and Dipti Bavishi v. Sterling Air Conditioning, Inc. dba Airtron, Inc.

Sterling Air Conditioning, Inc. d/b/a Airtron, Inc., a/k/a Airtron Heating & Air Conditioning (“Airtron”) sued Nilesh and Dipti Bavishi (“Bavishi”) on a sworn account and asserted alternative claims for breach of contract and quantum meruit arising out of Bavishi’s failure to pay Airtron for air conditioning work that Airtron had completed at Bavishi’s new house. The trial court rende... More...   $0 (08-11-2011 - TX)

Gabriele Duncan and Edward Duncan v. Dominion Estates Homeowner's Association

Appellants, Gabriele and Edward Duncan, challenge the trial court’s entry, after a jury trial, of a take-nothing judgment in favor of appellee, Dominion Estates Homeowners Association (“DEHA”), and the trial court’s rendition of summary judgment in favor of appellees, Charles Amos, Thelma Bowie, Natalie Powell, and Marques Collins (the “DEHA board members”), in the Duncans’ suit agai... More...   $0 (08-11-2011 - TX)

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