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Construction Law
 
Leroy Morris v. Oklahoma Department of Human Services

The Medicare Catastrophic Coverage Act of 1988 (“MCCA”) allows the spouse of an applicant for long-term care benefits to keep a certain amount of resources without affecting the applicant’s eligibility. See 42 U.S.C. § 1396r-5(c)(2) & (f)(2). This Community Spouse Resource Allowance (“CSRA”) permits an “institutionalized spouse” to obtain Medicaid assistance for nursing home or simi... More...   $0 (07-10-2012 - OK)

Texas Laurel Ridge Hospital, L.P. d/b/a Laurel Ridge Treatment Center v. Dora Almazan

The issue in this accelerated appeal is whether Dora Almazan’s cause of action against Texas Laurel Ridge Hospital, L.P. d/b/a Laurel Ridge Treatment Center (“Laurel Ridge”) is a health care liability claim subject to the expert report requirement in section 74.351 of the Texas Civil Practice and Remedies Code. We hold the cause is a health care liability claim, and because the trial court f... More...   $0 (07-07-2012 - TX)

Friends of Minidoka v. Jerome County

were opposed to the LCO because of the potential harms to the neighboring farms and to the Minidoka National Historic Site petitioned the district court for review of the Board’s decision on remand from the district court. The district court affirmed the Board’s approval of the permit, finding in the process that four of the organizations concerned with the effects on the Minidoka National His... More...   $0 (07-06-2012 - ID)

Kings Ridge Community Association, Inc. v. Sagamore Insurance Company

Kings Ridge Community Association, Inc. (“the Association”), appeals a final summary judgment in favor of its insurer, Sagamore Insurance Company. The trial court concluded that the Association's damaged clubhouse was not in a state of "collapse," as that term is defined by the insurance policy issued by Sagamore, and thus the loss was not covered. We respectfully disagree and accordingly reve... More...   $0 (07-06-2012 - FL)

City of Orlando and Lasercraft, Inc. v. Michael Udowychenko

The City of Orlando and Lasercraft, Inc., appeal a final judgment in favor of Michael Udowychenko that invalidated the City’s red light camera ordinance as preempted by state law. This court affirms the lower court’s decision and certifies conflict with the decision made by the Third District Court of Appeal in City of Aventura v. Masone, 36 Fla. L. Weekly D2591 (Fla. 3d DCA Nov. 30, 2011) (mo... More...   $0 (07-06-2012 - FL)

Misty Lynn LaChance v. George Valverde

Misty Lynn LaChance pled guilty to driving under the influence of alcohol (DUI), and the Department of Motor Vehicles (the DMV) suspended her driver‟s license for six months, pursuant to Vehicle Code section 13352, subdivision (a)(1). (All further statutory references are to the Vehicle Code, unless otherwise specified.) This suspension was imposed concurrently with a one-year administrative per... More...   $0 (07-06-2012 - CA)

Michele M. Pitts v. Farm Bureau Life Insurance Company

This case requires us to determine whether a life insurance agent owes a duty of care to the intended beneficiary of a life insurance policy. Additionally, we must decide whether a life insurance agent can be liable for negligent misrepresentation when he provides information to the insured and the intended beneficiary regarding the beneficiary designation listed on the life insurance policy. If w... More...   $0 (07-06-2012 - IA)

Jeffrey H. Atwater v. Frederick W. Kortum

This case concerns a statutory regulation affecting public insurance adjusters, who are authorized to assist insureds and thirty-party claimants in the filing and settlement of insurance claims. We have on appeal Kortum v. Sink, 54 So. 3d 1012 (Fla. 1st DCA 2010), in which the First District Court of Appeal declared invalid section 626.854(6), Florida Statutes (2008), a provision regulating solici... More...   $0 (07-05-2012 - FL)

Michael Roberts v. Eva Wilson

Appellants appeal a partial summary judgment in favor of Appellee and the judgment of the trial court in granting Appellee’s petition for partition.[1] Appellants bring six issues: (1) error in the trial court’s granting of partial summary judgment; (2) error in the trial court’s ruling on the effects of a partition deed on a determinable fee or other special conditions and the warranty el... More...   $0 (07-05-2012 - TX)

City of San Antonio v. The Rogers Shavano Ranch, Ltd.

The City of San Antonio appeals the trial court’s denial of its pleas to the jurisdiction in this lawsuit by the Rogers Ranch property owners and developers seeking a declaratory judgment recognizing the development project’s vested rights under Chapter 245 of the Texas Local Government Code. TEX. LOC. GOV’T CODE ANN. §§ 245.001-.007 (West 2005). The issues in this interlocutory appeal are... More...   $0 (07-05-2012 - TX)

Ray A. Basaldua v. Forest Woods Subdivision Property Owners Association, Inc.

This appeal arises from a traditional summary judgment rendered in favor of appellee and from an order sanctioning appellant for failing to attend court-ordered mediation. We affirm both the summary judgment and the sanctions order.

BACKGROUND

Appellee, Forest Woods Subdivision Property Owners Association, Inc., is a non-profit property owners’ association (the “association”). ... More...
   $0 (07-05-2012 - TX)

Town of Stratford v. Eric Castater

The defendant, Eric Castater, appeals from the denial of his motion for attorney’s fees. Specifically, the defendant claims that the court (1) improperly concluded that the plaintiff, the town of Stratford, did not bring the underlying action in bad faith, (2) improperly concluded that General Statutes § 31-721 was inapplicable to the present case and (3) failed to follow proper procedure in de... More...   $0 (07-03-2012 - CT)

Ginsberg and Ginsberg, LLC v. Alexandria Estates, LLC

This case involves a determination of priorities of encumbrances in an action to foreclose an $880,000 mortgage brought by the plaintiff, Ginsberg & Ginsberg, LLC, trustee of the Wiyot Trust, against the defendants, Alexandria Estates, LLC (Alexandria Estates), a mortgagor, and Elizabeth Mazzucco, Ben Mazzucco, Jitendra Patel, Sean Drinan, John Neubig, Empire Paving, Inc., and Statewide Constructi... More...   $0 (07-03-2012 - CT)

Ann Myles v. Rebert Myles

The plaintiff, Ann Myles, appeals from the judgment of the trial court granting the motion of the defendant, Robert Myles, for an order that the plaintiff refrain from further disseminating or discussing the content of the transcript of the court’s November 25, 2008 hearing on custody and parenting issues (visitation hearing). On appeal, the plaintiff claims that the court, Shay, J., exceeded it... More...   $0 (07-03-2012 - CT)

Carmen Pineda v. Rio Pinar Health Care Center

In this workers’ compensation appeal, Claimant challenges the Judge of Compensation Claims’ (JCC’s) award of an employer/carrier-paid attorney’s fee without reference to the formula mandate set out in section 440.34(1), Florida Statutes (2007). Because the JCC correctly applied the Florida Supreme Court’s holding in Murray v. Mariner Health, 994 So. 2d 1051 (Fla. 2008), we affirm.
More...
   $0 (07-03-2012 - FL)

420 Caregivers, LLC v. City of Los Angeles

Appellant in this case is the City of Los Angeles (City). Respondents are various collectives and individual members of collectives (Collectives) currently engaged in the cultivation, distribution, or use of medical marijuana within City limits.1 In the court below, the Collectives filed various separate lawsuits seeking to enjoin enforcement of City Ordinance No. 181069 (Ordinance), passed by the... More...   $0 (07-03-2012 - CA)

Cinnamon Hills Youth Crisis Center, Inc. v. Saint George City

For years Cinnamon Hills has run a residential treatment facility in St. George, Utah for young people with mental and emotional disorders. Now, it wants to expand its operations with a new “step-down” program. Participants would live in a separate facility with more responsibility and autonomy than other students, all to help prepare them for reentry into society. Cinnamon Hills hopes to hous... More...   $0 (07-03-2012 - UT)

Bradford Park, LLC v. Cook & Associates

Bradford Park, LLC sued Cook & Associates, Inc. and Consolidated Construction Company on professional negligence theories

Bradford Park filed the instant action against Consolidated Construction Company (“Consolidated Construction”) and Cook & Associates Engineering, Inc. on December 12, 2008. Bradford Park alleged Consolidated Construction negligently performed exëavatiqn and dirt m... More...
   $0 (06-30-2012 - OK)

Dennis Davis v. Steven L. Johnston

This appeal arises from a dispute concerning the existence and scope of easements that were alleged to burden two waterfront lots on Lake Travis. One of the lots is owned by appellant Dennis Davis and the other by appellant Debbie Desmond. Davis and Desmond are jointly engaged in a business known as Aqua Tech Marine Industries, which had conducted its operations on the lots since 2004. Following a... More...   $0 (06-29-2012 - TX)

Weber Coastal Bells Limited Partners v. Metro

2 Plaid Pantries, Inc. (Plaid Pantries), argues that the land use final order that 3 Metro adopted after a remand from this court does not comply with the applicable 4 statutory standards. See Weber Coastal Bells v. Metro, 351 Or 548, 273 P3d 95 (2012) 5 (affirming prior land use final order in part and remanding in part). Metro and Tri- 6 County Metropolitan Transit District of Oregon (TriMet) as... More...   $0 (06-28-2012 - OR)

Arabella Petroleum Company, LLC v. J.H. Baldwin, Jr.

Arabella Petroleum Company, LLC appeals the trial court’s judgment awarding damages to J. H. Baldwin, Jr. for Arabella’s breach of an agreement to pay Baldwin $126,625 for an oil and gas lease. Arabella contends the agreement was unenforceable because: (1) the agreement lacked mutuality; (2) conditions precedent to the formation of the agreement were not satisfied; and (3) conditions precedent... More...   $0 (06-28-2012 - TX)

Eden Cooper, L.P. v. City of Arlington, Texas

In three issues, appellant Eden Cooper, LP appeals the trial court’s orders granting the pleas to the jurisdiction of appellee City of Arlington, Texas (the City) and of appellees James Holgersson, Edward Dryden, Sheri Capehart, Mel LeBlanc, and Kathryn Wilemon (the individual appellees).[2] We affirm.

Background Facts

In early 2009, Carrizo Oil & Gas Inc. (Carrizo) appl... More...
   $0 (06-28-2012 - TX)

National Federation of Independent Business v. Sebelius

In 2010, Congress enacted the Patient Protection and Affordable CareAct in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision isthe individual mandate, which requires most Americans to maintain“minimum essential” health insurance coverage. 26 U. S. C. §5000A.For individuals who are not exempt, and who do not receive he... More...   $0 (06-28-2012 - GA)

Todd Kurtin v. Bruce Elieff

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entities” in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial ... More...   $0 (06-27-2012 - CA)

Donna Fait v. New Faze Development, Inc.

The owner of a parcel of real property with a building on it demolishes the building to make way for new development. Unfortunately, the owner is unable to complete the development and ends up defaulting on a purchase money promissory note secured by a deed of trust on the property. The holder of the note and deed of trust exercises the power of sale under the deed of trust and buys the property b... More...   $0 (06-27-2012 - CA)

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