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Construction Law
 
John Robinson v. City of Chowchilla

Plaintiff appeals from (1) an order denying him attorney fees under California‟s private attorney general doctrine, which is set forth in Code of Civil Procedure section 1021.51 and (2) an order applying section 998 to limit his recovery of costs to those incurred prior to defendants‟ May 7, 2007, offer to compromise.

We conclude that this litigation, which resulted in a published decis... More...
   $0 (12-28-2011 - CA)

Gray1 CPB, LLC v. Sotiris Kolokotronis

We cannot rewrite contracts when the economy suffers a severe downturn. Sotiris Kolokotronis, stung by the crash in the real estate market, seeks to upset a judgment in favor of Central Pacific Bank‟s successor, Gray1 CPB, LLC. Despite signing a document entitled “Continuing Guaranty” wherein he unconditionally guaranteed to pay an amount equal to the borrower‟s debt, affixing his signatur... More...   $0 (12-28-2011 - CA)

Little Rock School District v. Lorene Joshua

In these consolidated appeals regarding continuing school desegregation efforts in the Little Rock, Arkansas metropolitan area, North Little Rock School District (“NLRSD”) and Pulaski County Special School District (“PCSSD”) each appeal the district court’s denial of their petitions for a declaration of unitary status, opposed by appellee intervenors representing the class of black child... More...   $0 (12-28-2011 - AR)

United States of America v. Scott Raymond Shelter

Scott Raymond Shetler (“Shetler”) appeals from his conviction for maintaining his residence “for the purpose of manufacturing, distributing, or using” methamphetamine in violation of 21 U.S.C. § 856(a)(1). Shetler contends that the district court erred in denying his motion to suppress certain inculpatory statements he made to Drug Enforcement Agency (DEA) officials. Because the governmen... More...   $0 (12-28-2011 - CA)

Joseph Hardesty v. Sacramento Metropolitan Air Quality Management District

Joseph and Yvette Hardesty are the owners of Hardesty Sand and Gravel (Hardesty), an open-pit mining operation located near Sloughhouse. The Sacramento Metropolitan Air Quality Management District (District) obtained from its hearing board an abatement order directing Hardesty to cease operation of the central plant equipment and all internal combustion engines with a rating greater than 50 horsep... More...   $0 (12-27-2011 - CA)

Robert Warner, II v. DSM Pharma Chemicals North America, Inc.

Plaintiffs, eight individuals formerly employed by DSM Pharma Chemicals North America, Inc. (“DSM”), appeal the verdict reached by the jury in favor of DSM in their breach-of-contract action, arguing that the district court failed to give an appropriate jury instruction regarding a condition precedent to a contract under Michigan law. In addition, Plaintiffs challenge a ruling denying them att... More...   $0 (12-27-2011 - MI)

Virginia Hauf v. Life Extension Foundation

Virginia Hauf, the mother of a child diagnosed with brain cancer, purchased shark cartilage supplements from the Life Extension Foundation. Several years later, Hauf contacted the Foundation and offered to endorse its products. The Foundation sent her a proposed “Testimonial” and a “Standard Release of Testimonials & Photos.” Hauf revised the proposed testimonial and returned it to the Fou... More...   $0 (12-27-2011 - MI)

Hope Glenn v. Washington County

Eighteen-year-old Lukus Glenn was shot and killed in his driveway by Washington County police officers. His mother had called 911 for help with her distraught and intoxicated son after Lukus began threatening to kill himself with a pocketknife and breaking household property. Within four minutes of their arrival, officers had shot Lukus with a “less-lethal” beanbag shotgun, and had fatally sho... More...   $0 (12-27-2011 - OR)

John Robinson v. City of Chowchilla

A former chief of police sued the city that had employed him, alleging breach of contract, wrongful termination, and violations of the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov. Code, § 3300 et seq.).1 The trial court determined that the city breached its obligations under POBRA when it removed the police chief from office without notice, a statement of reasons and an oppo... More...   $0 (12-23-2011 - CA)

Land Development Services, Inc. v. Gulf View Townhomes, LLC.

Gulf View Townhomes, LLC, filed a legally insufficient affidavit in support of its motion for summary judgment. Nevertheless, the trial court granted the motion and included in the final judgment relief that Gulf View neither sought in its motion nor requested at the summary judgment hearing. For both of these reasons, entry of the final summary judgment against Land Development, Inc., was imprope... More...   $0 (12-23-2011 - FL)

Lewis E. Matteson v. Malcolm L. Batchelder

[¶1] This case involves a dispute over fee ownership of less than one acre of land on a stream in Exeter and the location of a deeded right-of-way on property owned by Lewis E. Matteson and Betty J. Matteson. Following a bench trial in the Superior Court (Penobscot County, Murphy, J.), the Mattesons appealed the decision regarding the right-of-way, and Malcolm Batchelder cross-appealed the decisi... More...   $0 (12-22-2011 - ME)

Baysystems North America, LLC v. Rosebud-Lott Independent School District

After a jury trial, the trial court entered a judgment against Appellant BaySystems North America LLC (BaySystems) and in favor of the plaintiff below, Appellee Rosebud-Lott Independent School District (the District), on the District’s negligent misrepresentation and DTPA claims. We will reverse and remand.

Background

The parties’ briefs and the record reflect the following undis... More...
   $0 (12-22-2011 - TX)

Michel Hamid v. Lexus

In this products liability case, Michel and Francis Hamid, individually and on behalf of the Estate of Megan Hamid, appeal a take-nothing judgment in favor of Lexus, a Division of Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation. The Hamids contend that the trial court committed reversible error by including a “no liability” rebuttable presumption instruction in the jury charge.[... More...   $0 (12-22-2011 - TX)

Donald J. Molosky v. Washington Mutual, Inc.

When Donald and Elizabeth Molosky paid off their home mortgage early, they were charged a $30 “payoff statement fee” and a $14 “recording fee” in connection with the prepayment. They sued in federal court challenging the imposition of these fees as violations of the mortgage contract, of various Michigan laws, and of the federal Real Estate Settlement Procedures Act (RESPA). The district c... More...   $0 (12-22-2011 - MI)

Michael A. Hillman v. Scott Cannon

The issue presented by this case is whether Scott and Lori Cannon and their son-in-law, Christopher Lundgren, formed a partnership under Iowa Code section 486A.202 (2009) in their operation of a dairy farm. We agree with the district court that no partnership was formed and affirm its judgment so holding.

I. Background Facts and Proceedings.

Scott and Lori Cannon own a farm in northe... More...
   $0 (12-21-2011 - IA)

Ahepa 192-1 Apartments v. Harry E. Smith

This appeal concerns the proper interpretation of a lease and the interplay with federal regulations, Iowa Code section 562A.27A, and chapter 648 (2009). The district court determined this forcible-entry-and-detainer (FED) cause of action accrued at the time of the tenant’s physical assault or the threat of physical assault upon other tenants. Consequently, the court found the cause of action w... More...   $0 (12-21-2011 - IA)

Cy & Charley's Firstone, Inc. v. Richard D. Running

This case involves a dispute that arose from the sale of two parcels of real estate. For the reasons stated herein, we affirm the district court’s order denying plaintiffs’ claims for breach of contract, unjust enrichment, and promissory estoppel, and the order awarding attorney fees to the defendants.

I. Background Facts and Proceedings.

Ronald Hearn owns two businesses, Cy & Ch... More...
   $0 (12-21-2011 - IA)

Donald G. Dewaay, Jr. v. Steve W. Dallenbach

“Losses were not discussed and not assumed.” That is how Steven Dallenbach described the rosy outlook of a four-person Iowa partnership formed to purchase, remodel, and sell an upscale residence on Florida’s Gulf Coast. But the “perfect storm”—both figuratively and literally—of a plummeting real estate market and hurricane winds between 2006 and 2008 created unexpected losses for the... More...   $0 (12-21-2011 - IA)

University of Miami v. Nelson Francois

The issue presented is whether the release and settlement agreement, entered into between Plaintiff and an initial tortfeasor, clearly reserved Plaintiff’s cause of action against a subsequent tortfeasor. We reverse, holding that the release and settlement agreement in this case failed to do so, thereby barring Plaintiff from pursuing a claim against the subsequent tortfeasor.

FACTS
More...
   $0 (12-21-2011 - FL)

John F. Helm v. Artie G. Kingston

This is an appeal from a judgment awarding damages and attorney‘s fees in a construction dispute. A jury found appellant, John F. Helm, liable for misrepresentation under the Deceptive Trade Practices-Consumer Protection Act (―DTPA‖), TEX. BUS. & COM. CODE ANN. §§ 17.41–.63 (West 2011), and awarded damages of over $75,000, plus $95,000 in attorney‘s fees, to appellee Artie G. Kingston.... More...   $0 (12-21-2011 - TX)

Bret A. Broaddus v. Kevin Shields

This is an appeal from three district court orders in a dispute between former business partners. Plaintiff-appellant Bret A. Broaddus sued Defendant-appellee Kevin Shields for breach of fiduciary duty, and Mr. Shields counterclaimed for indemnification. Ultimately, the district court granted summary judgment in favor of Mr. Shields on Mr. Broaddus’ claim for breach of fiduciary duty, granted su... More...   $0 (12-21-2011 - IL)

Alethia Roselle Allen v. Southcrest Hospital

The Americans With Disabilities Act, 42 U.S.C. §§ 12101 - 12213 (ADA), prohibits covered employers from discriminating against their employees on the basis of disability. See id. § 12112(a). The ADA defines a “disability” as “a physical or mental impairment that substantially limits one or more major life activities of [an] individual.” Id. § 12102(1)(A). In this appeal, we must determ... More...   $0 (12-21-2011 - OK)

Olivea Marx v. General Revenue Corporation

Plaintiff-Appellant Olivea Marx appeals from the district court's judgment in favor of Defendant-Appellee General Revenue Corporation (“GRC”). After a bench trial, the district court found no violation of the Fair Debt Collection Practices Act (“FDCPA”) and awarded costs to GRC in the amount of $4,543. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Background

Ms... More...
   $0 (12-21-2011 - CO)

The Osage Nation v. Wind Capital Group

The Osage Nation sued Wind Capital Group seeking a declaratory judgment regarding the construction and operation of wind farms in Osage County.... More...   $0 (12-20-2011 - OK)

Larry W. Hilderbrand II v. Washington County Commissioners

[¶1] Larry W. Hilderbrand II appeals from the Superior Court’s (Washington County, Cuddy, J.) summary judgment in favor of the Washington County Commissioners and Sheriff Donald Smith on Hilderbrand’s complaint for slander per se, invasion of privacy, and negligent infliction of emotional distress. The alleged torts arose from public comments Smith made explaining his decision to discontinue ... More...   $0 (12-20-2011 - ME)

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