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Construction Law
 
Tarrant Regional Water District v. Tamara Villanueva

In two issues, Appellant Tarrant Regional Water District (Tarrant) appeals the denial of its partial plea to the jurisdiction, asking this court to determine whether Chapter 21[1] of the Texas Labor Code should be read to automatically incorporate the provisions of the federal Lilly Ledbetter Fair Pay Act of 2009 (the Ledbetter Act).[2] We reverse and remand.

II. Factual and Procedural Hi... More...
   $0 (12-23-2010 - TX)

Chad Wilson v. Noble Drilling Services, Inc.

Chad Wilson (“Wilson”), brought suit against his employer, Noble Drilling Services, Inc. (“Noble”), alleging that he was discharged in violation of the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-54, and that Noble is liable for breach of contract under state law. The district court granted summary judgment in favor of Noble on both claims. We AFFIRM.

FACTS AND PROC... More...
   $0 (12-23-2010 - TX)

Joann Seevers Wolfgram v. David Wolfgram

Joann Seevers Wolfgram appeals and David Wolfgram and Diane Krawczyk as co-trustees of the James H. Wolfgram Revocable Trust cross-appeal from an order establishing the trust’s monthly obligation to Joann and requiring the establishment of an account for the benefit of Joann. The co-trustees also appeal from an order awarding Joann costs and attorney’s fees. We affirm the circuit court order... More...   $0 (12-22-2010 - WI)

BMTP Holdings, L.P. v. City of Lorena

BMTP Holdings, L.P. appeals the granting of the City of Lorena’s traditional motions for summary judgment, the denial of BMTP’s traditional motion for summary judgment, and the award of attorney’s fees to the City of Lorena. BMTP sued the City of Lorena seeking a declaratory judgment that a moratorium and its progeny imposed by the City relating to permits for sewer connections did not ap... More...   $0 (12-22-2010 - TX)

Robert Freeman v. Jon S. Corzine

Plaintiffs – two New Jersey wine enthusiasts, a New Jersey couple who seeks access to more Kosher wines, and a California winery – have brought suit in the United States District Court for the District of New Jersey against Jerry Fischer, New Jersey’s Director of Alcoholic Beverage Control, alleging that several aspects of New Jersey’s Alcoholic Beverage Control Law (“ABC Law”) infring... More...   $0 (12-22-2010 - NJ)

Dawn Stevenson v. Aquila Foreign Qualifications Corp.

Aquila Foreign Qualifications Corp. appeals from the trial court's judgment denying its motion for set-off and credit. Aquila contends that it was entitled to a set-off pursuant to section 537.0601 because Dawn Stevenson reached a settlement in another action for the same injuries for which she obtained a judgment against Aquila. We affirm. 1All statutory references are to RSMo 2000 as supplemente... More...   $0 (12-21-2010 - MO)

Yolanda Johnson v. Detroit Medical Center

Defendants appeal the trial court’s order granting plaintiff’s motion to compel discovery and requiring defendants to produce allegedly protected or privileged peer review and non-party patient documents. The case is before this Court pursuant to our Supreme Court’s order, in lieu of granting leave to appeal, remanding the case to this Court “for consideration as on leave granted.” Johns... More...   $0 (12-21-2010 - MI)

Mary Field Jarvis v. Frank Ewing Field and John Shaw Field

This dispute pertains to the accounting and distribution of the estate of Caroline P. Feild, deceased. Appellant, Mary Feild Jarvis, appeals from an “Order Approving Account for Final Settlement” signed by the trial court on February 23, 2010. By four issues, Jarvis, advancing pro se, argues that: (1) the trial court did not have jurisdiction over this case; (2) the trial court erroneously ... More...   $0 (12-21-2010 - TX)

Robert V. Buck v. G.J. Palmer, Jr.

Appellants, Robert V. Buck (“Buck”) and Queen Isabella Development Joint Venture (“Queen Isabella”), appeal the trial court’s final summary judgment and two other orders rendered in favor of appellee, G.J. Palmer Jr. (“Palmer”). By five issues, Buck and Queen Isabella argue that the trial court erred by: (1) granting summary judgment that Queen Isabella was dissolved and that the val... More...   $0 (12-21-2010 - TX)

David Ciarlelli v. Town of Hamden

This appeal requires us to determine when the one year limitation period of General Statutes § 31-294c (a)1 begins to run on a claim for hypertension benefits under General Statutes § 7-433c.2 The plaintiff, David Ciarlelli, appeals3 from the decision of the compensation review board (board), which affirmed the decision of the workers’ compensation commissioner for the third district (commissi... More...   $0 (12-21-2010 - CT)

Eric Klein v. Norwalk Hospital

The named plaintiff, Eric Klein,1 appeals, following our grant of his petition for certification, from the judgment of the Appellate Court affirming the trial court’s judgment, rendered after a jury verdict in a medical malpractice action, in favor of the defendant, Norwalk Hospital. The plaintiff claims that the Appellate Court, without reaching the merits of his individual claims, improperly c... More...   $0 (12-21-2010 - CT)

Alice C. Androkites v. Nancy Blake White

[¶1] Nancy Blake White (White) and Malcolm White (collectively, the Whites) appeal from a judgment entered in the Superior Court (Washington County, Cuddy, J.) following a nonjury trial, (1) finding in favor of an abutting landowner, Alice C. Androkites, in her trespass claim against the Whites, and (2) granting Androkites’s request for a declaratory judgment and injunctive relief prohibiting t... More...   $0 (12-21-2010 - ME)

Jhette Diamond v. Adrienne Diamond

{1} The central question presented by this case is whether a court may award child support to a minor child who has been emancipated pursuant to the Emancipation of Minors Act (EMA), NMSA 1978, §§ 32A-21-1 to -7 (1995), for the period after emancipation and continuing until the emancipated minor reaches the age of eighteen. This case is consolidated from two district court cases. In the first ca... More...   $0 (12-20-2010 - NM)

Keith Hathcock v. Hankook Tire America Corporation and Hankook Tire Co., Ltd.

In August 2004, Emily Roddy was driving at highway speed in a late model pickup truck on which had been mounted in the left front position a model Z36, load range C, light truck radial tire manufactured in 1997. On board were her children, Alexa and Hunter Hathcock. The tire “bl[e]w out the side,” causing Roddy to lose control of her vehicle and hit a tree, to devastating results. Roddy d... More...   $0 (12-17-2010 - TX)

Creekstone Community Association, Inc. v. Houston Housing Authority, Individually and D/B/A/ Housing Authority of the City of Houston

Appellant, the Creekstone Community Association (“Creekstone”), appeals the trial court’s interlocutory order granting the Houston Housing Authority’s (“the Authority”) plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code § 51.014(a)(8). In its sole issue, Creekstone contends the trial court erred in granting the Authority’s plea to the jurisdiction.

We affir... More...
   $0 (12-16-2010 - TX)

Town Hall Estates - Arlington, Inc. v. Lucy Cannon

This is an interlocutory appeal from the trial court’s order denying Appellant Town Hall Estates – Arlington, Inc.’s motion to dismiss Appellee Lucy Cannon’s healthcare liability claims for the alleged failure to timely file an expert report. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a) (Vernon Supp. 2010). Three days before her expert report was required to be served, Cannon nonsui... More...   $0 (12-16-2010 - TX)

Jan Lucas d/b/a Jato Oil and Gas v. Roger L. Coomer, Verna E. Coomer, and Phil King d/b/a King and King

This is an appeal from a summary judgment in an oil and gas case.[2] Appellees Roger L. Coomer, Verna E. Coomer, and Phil King d/b/a/ King and King filed a motion for summary judgment against Appellant Jan Lucas d/b/a Jato Oil and Gas. In granting Appellees’ motion for summary judgment, the trial court ordered Lucas to pay the Coomers a lease bonus of $176,000 and King a finder=s fee of $16,000... More...   $0 (12-16-2010 - TX)

Milton E. Aunan, II v. VHA Southwest Community Health Corporation d/b/a Community Health Corporation

Milton E. Aunan, II, was executive vice president and chief financial officer of Wadley Health System and Wadley Regional Medical Center (collectively, Wadley), until his resignation, which became effective December 31, 2008. The end of Aunan’s employment came between at least two potential sales of Wadley—the former potential sale falling through and the latter closing. This case concerns A... More...   $0 (12-16-2010 - TX)

Brinda Redwine v. Valerie K. Wright, M.D. and Robert M. Wright, M.

This appeal follows the trial court’s dismissal of appellant’s health care liability claim and its award of attorneys’ fees to appellees. Appellant proceeds pro se, challenging the appropriateness of the dismissal on constitutional and statutory grounds. She also challenges the reasonableness of the award of attorney’s fees. We will affirm.

Appellant Brinda Redwine (“R... More...
   $0 (12-16-2010 - TX)

Juliane Bridget Jones v. Landry's Seafood Inn & Oyster Bar-Galveston, Inc.

Juliane Bridget Jones appeals a summary judgment in favor of appellee, Landry’s Seafood Inn & Oyster Bar-Galveston, Inc. (“Landry’s”), in Jones’s suit for strict products liability, negligence, breach of implied warranty, and promissory estoppel. We reverse and remand.

Background

On January 4, 2008, Jones and her mother ate lunch at Grotto, a Houston restaurant owned by La... More...
   $0 (12-16-2010 - TX)

Dale R. San Marcos v. Village/Town of Mount Kisco

This appeal presents the question of whether a prior written notice statute acts as an absolute bar to recovery against a municipality where a plaintiff slipped and fell on black ice that formed on the municipality's property. Since the ice hazard at issue may have been created by the municipality's negligent snow removal efforts, and, if so, the municipality may have known of the hazard, we concl... More...   $0 (12-16-2010 - NY)

Ella Boazova v. Safety Insurance Company

Ella Boazova appeals from the judgment entered against her on the parties' cross motions for summary judgment. At issue is whether the motion judge erred when he concluded, as a matter of law, that the damage to Boazova's house was not covered by her homeowner's insurance policy. We affirm.

The pertinent facts are undisputed. In June, 2001, Boazova bought a house in Arlington for which she ... More...
   $0 (12-16-2010 - MA)

Jonathan Lopez v. Kelly G. Candaele

Today we consider a student’s First Amendment challenge to a community college sexual harassment policy. First Amendment cases raise “unique standing considerations,” Ariz. Right to Life Political Action Comm. v. Bayless, 320 F.3d 1002, 1006 (9th Cir. 2003), that “tilt[ ] dramatically toward a finding of standing,” LSO, Ltd. v. Stroh, 205 F.3d 1146, 1155 (9th Cir. 2000). Despite this low... More...   $0 (12-16-2010 - CA)

Daniel L. Balsam v. Tucows, Inc.

There is no simple remedy for the vast number of unsolicited emails, popularly known as “spam,” that fill our electronic inboxes daily. Even though federal and state legislatures have adopted various laws to combat this problem, “spammers” continue to find new ways to advertise.

Daniel Balsam, a victim of spam, seeks an alternative method of enforcement by bringing claims against ... More...
   $0 (12-16-2010 - CA)

Noemia Carvalho v. Equifax Information Services, LLC

We must decide whether a credit reporting agency is liable for a disputed credit report under California’s Consumer Credit Reporting Agencies Act.

I

A

In October 2001, Noemia Carvalho received medical treatment from Bayside Medical Group, Inc. (“Bayside”), in Pleasanton, California. Prior to receiving her treatment, Carvalho signed the following agreement (“Agreement... More...
   $0 (12-16-2010 - CA)

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