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Construction Law
 
G.C. Wallace, Inc. v. Reef Centrapoint B2348, Inc.

In this original petition for a writ of mandamus, we consider whether a landlord who seeks summary eviction in justice court under NRS 40.253[1] against a tenant is precluded from subsequently bringing a damages claim in district court for breach of the lease agreement. In the underlying matter, the landlord prevailed in the summary eviction proceeding in justice court and thereafter filed a clai... More...   $0 (10-06-2011 - NV)

Frederick C. Berry, Jr. v. 352 E. Virginia, L.L.C.

¶1 Frederick C. Berry, Jr. and Carolyne W. Berry, as Trustees of a family trust (hereinafter “Berry”), filed suit against 352 E. Virginia, L.L.C. (hereinafter “352”) for breach of an agreement1

¶2 For reasons that follow, we affirm in part, vacate in part, and remand for further proceedings. for Berry to sell an office building to 352. Both sides submitted offers of judgment prior... More...
   $0 (10-06-2011 - AZ)

Paul Hooks v. Laytoya Quaintance

Appellant, Paul Hooks, appeals from the trial court’s order dismissing his petition to disestablish paternity based on the finding that Appellant failed to include newly discovered evidence with his petition, as required under section 742.18, Florida Statutes (2009). Appellant argues that DNA test results, which showed that he was not the biological father of the child, constituted newly discove... More...   $0 (10-06-2011 - FL)

Carlos Osorio v. One World Technologies, Inc.

Appellee Carlos Osorio ("Osorio") filed a diversity suit against appellants One World Technologies, Inc. and Ryobi Technologies, Inc. (collectively, "Ryobi") Footnote in the United States District Court for the District of Massachusetts. The complaint alleged claims arising from a hand injury suffered in a construction site accident involving one of Ryobi's table saws. After an eight-day jury tria... More...   $0 (10-06-2011 - MA)

Michael Arken v. City of Portland

2 These two cases are before this court on certified appeals from the Court of
3 Appeals. ORS 19.405. Both cases involve the Public Employees Retirement Board's
4 (PERB or the Board) revision or reduction of benefits with respect to so-called "Window
Retirees."1 5 These cases involve the Board's efforts to recoup overpayments of benefits to
6 retirees that were predicated on a 20 p... More...
   $0 (10-06-2011 - OR)

Kelvin E. Louis v. Office of Texas Attorney General Crime Victims' Services Division

The trial court found that Kelvin E. Louis’s petition for judicial review of the attorney general’s decision to deny his claim as a crime victim was not timely filed. It therefore granted the attorney general’s plea to the jurisdiction. We affirm.

After a known assailant shot him in the stomach with a shotgun, Louis filed a claim for compensation as a crime victim purs... More...
   $0 (10-06-2011 - TX)

Frances Jane Fuller Jackson Morris v. Margaret Ann Fuller

Appellee Margaret Ann Fuller (Fuller) sued her sister Appellant Frances Jane Fuller Jackson Morris (Morris) for tortious interference with contract. Morris countersued for breach of fiduciary duty and for an accounting for the income of the sisters’ joint venture. Morris appeals from the trial court’s take-nothing judgment on her breach of fiduciary duty claim and its judgment awarding an ac... More...   $0 (10-06-2011 - TX)

City of Houston v. Gloria Esparza

After a car wreck, Gloria Esparza sued the City of Houston, alleging that its employee’s negligence was the cause. She sued the employee, too, but the employee was dismissed from the suit under the Texas Tort Claims Act’s election-of-remedies provision. The trial court denied the City’s plea to the jurisdiction under the same provision, from which the City appeals.[1] We issued an opinion on... More...   $0 (10-06-2011 - TX)

Odette Schwartz v. The Guardian Life Insurance Company of America

Odette Schwartz appeals the denial of her motion for summary judgment a n d th e granting of summary judgment in favor of The Guardian Life Insurance Company of America (“Guardian Life”). Odette raises five issues on appeal regarding the order granting Guardian Life’s motion for summary judgment. She contends the trial court erred by (1) granting summary judgment when the facts are in disput... More...   $0 (10-05-2011 - FL)

Rebecca A. Rickey v. County of Los Angeles

Pursuant to 42 U.S.C. § 1988, we hold that a successful civil rights plaintiff may recover a reasonable attorney’s fee for legal services performed by her attorney-spouse.

BACKGROUND1

Rebecca Rickley filed this federal civil rights action against the County of Los Angeles and individual County employees (collectively, the “County”), alleging violations of her constitutional ri... More...
   $0 (10-05-2011 - CA)

Ryan Pack v. The City of Long Beach

Federal law prohibits the possession and distribution of marijuana (21 U.S.C. §§ 812, 841(a)(1), 844); there is no exception for medical marijuana. (United States v. Oakland Cannabis Buyers’ Cooperative (2001) 532 U.S. 483, 490.) Although California criminalizes the possession and cultivation of marijuana generally (Health & Saf. Code, §§ 11357, 11358), it has decriminalized the possession a... More...   $0 (10-04-2011 - CA)

Rebecca A. Rickley v. County of Los Angeles

Pursuant to 42 U.S.C. § 1988, we hold that a successful civil rights plaintiff may recover a reasonable attorney’s fee for legal services performed by her attorney-spouse.

BACKGROUND1

Rebecca Rickley filed this federal civil rights action against the County of Los Angeles and individual County employees (collectively, the “County”), alleging violations of her constitutional ri... More...
   $0 (10-04-2011 - CA)

Stephen Pollman v. Swan Construction

In 2004, appellants Stephen and Linda Pollman purchased a Savannah townhome built by appellee Swan Construction in a condominium complex owned and developed by appellee Forest River. Appellee Louise Swan was a principal in both corporations. Appellee Neighborhood Realty listed the condominum for sale and marketed it through appellees Rebecca Holcombe and Marie Harbuck. Fourteen months after closin... More...   $0 (10-03-2011 - GA)

John Doe v. Buccini Pollin Group, Inc. d/b/a PM Hospitality Strategies, Inc.

This appeal presents the question of whether an injury suffered by appellant at the hands of a third party was “directed against [him] in the course of” his employment. John Doe, appellant, appeals from the decision of the Circuit Court for Baltimore City that reversed an award of benefits made by the Workers’ Compensation Commission. In this workers’ compensation case, appellant raises tw... More...   $0 (10-03-2011 - MD)

Kristine P. Purcell v. Bank of America

According to a complaint filed in state court, Bank of America told credit agencies that Kristine Purcell is behind in payments on a loan, even though the Bank knows that she isn’t. If Purcell’s allegations are correct, then the Bank has violated the Fair Credit Reporting Act, 15 U.S.C. §1681s–2(a), and perhaps state law too. The Bank removed the suit to federal court and moved for judgment... More...   $0 (10-03-2011 - IN)

Terry Martin v. Keely & Sons, Inc.

¶ 1 The circuit court of St. Clair County entered summary judgment in favor of the appellee
on the appellants’ spoliation-of-evidence claims. For the reasons that follow, we reverse and
remand for further proceedings.
¶ 2 BACKGROUND
¶ 3 On May 29, 2001, while installing a handrail on a bridge that defendant Keeley & Sons,
Inc. (Keeley), was reconstructing pursuant to a con... More...
   $0 (09-30-2011 - IL)

Charles Furnald v. Anthony Hughes

This case requires that we consider the scope of Iowa’s savings statute that continues the deadline imposed by the statute of limitations for six months when “the plaintiff, for any cause except negligence in its prosecution, fails therein.” Iowa Code § 614.10 (2009). In this case, the plaintiff brought a personal injury action arising out of an automobile accident. The plaintiff voluntaril... More...   $0 (09-30-2011 - IA)

Michael Murphy v. Ernest Reynolds, III

In five issues, a media defendant, Appellant Michael Murphy, brings this interlocutory appeal, asserting that the trial court erred by partially denying his motion for summary judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(6) (West 2008). We are constrained to reverse and render.

II. Factual and Procedural History

Appellee Ernest Reynolds, III sued Murphy, a... More...
   $0 (09-30-2011 - TX)

Cedar Farm v. Louisville Gas and Electric Company

WILLIAMS, Circuit Judge. This case involves an attempt by the landowner Cedar Farm to expel the Louisville Gas and Electric Company from its property and terminate an oil and gas lease for violations of certain portions of the lease. Because we find that the lease allows for a damages remedy, and that Cedar Farm has not shown that damages are inadequate to compensate for the harm to its property, ... More...   $0 (09-29-2011 - IN)

Burl Kennedy v. City of Talihina

¶1 Burl Kennedy, Brenda Kennedy, Cody Shores, Burl Colton Kennedy and Joy Kennedy appeal the dismissal of their petition against the Town of Talihina and the Talihina Public Works Authority (collectively, the Town). The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2010, ch. 15, app. 1, and the matter stands submitted without app... More...   $0 (09-28-2011 - OK)

Friends of Polk County v. Robert W. Oliver

2 Petitioners Friends of Polk County and Gloria Bennett (petitioners) appeal a
writ of review judgment.1 3 The judgment modified a decision of a Polk County hearings
4 officer that determined that claimant Martinson (claimant) had a vested right to develop a
5 30-acre portion of a 137-acre tract under section 5(3) of Ballot Measure 49 (2007), but
6 did not have a vested right to de... More...
   $0 (09-28-2011 - OR)

Cynthia L. Burch v. Premier HOmes, LLC

In this case, the plaintiff and respondent, Cynthia L. Burch, filed a complaint for damages arising out of alleged construction defects. After she had filed that complaint, the defendants and appellants1 moved to compel arbitration of her claims and now seek reversal of the trial court‟s order denying that motion.2 The trial court concluded that the arbitration clause in the agreement between Bu... More...   $0 (09-28-2011 - CA)

Luis Vallejo v. BNSF Railway Company

BNSF Railway Company (BNSF) challenges a jury verdict in favor of Luis Vallejo, who injured his back while working for BNSF. On appeal, Vallejo contends that this court does not have jurisdiction to hear this case. We disagree. In challenging the jury verdict, BNSF alleges that the trial court erred in failing to give a jury instruction on contributory negligence. We agree. Accordingly, we reverse... More...   $0 (09-27-2011 - KS)

Jeffrey Naier v. Roz-Lynn Beckenstein

The principal proposition presented in this appeal is whether a beneficiary of a trust has standing to maintain an action claiming impropriety on the part of a third party who settled a prior case with the trustee. On the facts presented in this matter, we hold that the beneficiary does not have such standing.

The plaintiffs, Jeffrey Naier and Andrea Naier, both individually and in their ca... More...
   $0 (09-27-2011 - CT)

Diana Michele Milton v. Dorothy Robinson

The plaintiffs, Diana Michele Milton and her husband, Clive Milton,1 appeal from the summary judgment rendered by the trial court in favor of the defendants, Biogen Idec, Inc. (Biogen), Yale University School of Medicine (university) and Yale-New Haven Hospital (hospital).2 On appeal, the plaintiff claims that the court (1) erroneously ordered a Porter3 hearing regarding one of her expert witnesse... More...   $0 (09-27-2011 - CT)

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