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Construction Law
 
David Snow v. Fort Motor Company

While passing through an intersection at roughly 30 miles per hour, a 1993 Ford Explorer was struck by another car near the left rear wheel. The Explorer rolled over; David Show, the driver, and Maria Federici, a passenger, were injured. They sued in state court, contending that the Explorer was defective because its design rendered it unstable.

The suit was removed under the diversity juri... More...
   $0 (09-19-2011 - IL)

Mohammed Aziz v. Alcolac, Inc.

We consider in this case whether the Appellants have alleged viable claims under the Torture Victim Protection Act ("TVPA"), 28 U.S.C. § 1350, note, or the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350. The Appellants filed a class action complaint under these statutes, alleging that Defendant Alcolac, Inc., a chemical manufacturer, sold thiodiglycol ("TDG") to Saddam Hussein’s Iraqi regime, wh... More...   $0 (09-19-2011 - MD)

Sherwood Construction Company, Inc. v. J.A. Manning Construction Co., Inc.

Sherwood Construction Company, Inc. dba Greenhill Concrete, dba Greenhill Materials, DBA Greenhill Materials Co., L.C. sued J.A. Manning Construction Co., Inc., Becco Contractors, Inc., Mid-Continent Casualty Company, Great American Insurance Company and Granite Re, Inc. on breach of contract, accounting, Violation of the Oklahoma Fair Play for Construction Act violation, Equitable Right in Funds,... More...   $1 (09-16-2011 - OK)

LInzie Zinone v. Lee's Crossing Homeowners Association

In this appeal, we consider whether certain provisions of the Virginia Property Owners' Association Act ("POAA"), Code §§ 55-508 through -516.2, restrict the declarant of a recorded declaration creating a property owners' association from unilaterally amending that declaration under its express term providing for such authority. The issue, which presents a purely legal question of statutory cons... More...   $0 (09-16-2011 - VA)

Abigail R. Bell v. Jordan Rebeka Lynn Casper

In these appeals arising out of two cases consolidated in the Circuit Court of Henrico County (the "trial court"), we consider whether the trial court erred when it held that the provisions of Code §§ 55-401 et seq. (Virginia's "Slayer Statute"), in effect on the date of the decedent's death, govern the distribution of the decedent's estate in this case.

I. Facts and Proceedings Below1More...
   $0 (09-16-2011 - VA)

Daniel P. Medellin v. MLA Conulting, Inc. d/b/a Ubuildit

Daniel Medellin and Susan Medellin (“Appellants”) appeal a Final Judgment finding that MLA Consulting, Inc. d/b/a UBuildIt (“UBuildIt”) was not liable for filing a fraudulent lien against Appellants’ real property or for Appellants’ attorney’s fees for defending against UBuildIt’s unsuccessful claims for breach of contract and foreclosure of lien. Appellants also appeal the finding... More...   $0 (09-16-2011 - FL)

Roger Ortmann v. Heidi Bell

Marlene L. Sloan was the trustee of a trust created under the will of Donald E. Hemphill. She appeals a final judgment requiring her to pay the trust the sum of $3,226,044.991 for an alleged breach of trust and for the payment of excessive trustee's fees and attorney's fees.2 Because the final judgment is not supported by competent, substantial evidence, we reverse.

I. INTRODUCTION

T... More...
   $0 (09-16-2011 - FL)

Comite De Jornaleros De Redondo Beach v. City of Redondo Beach

A pair of day-laborer organizations challenge a City of Redondo Beach (Redondo Beach or the City) anti-solicitation ordinance that bars individuals from “stand[ing] on a street or highway and solicit[ing], or attempt[ing] to solicit, employment, business, or contributions from an occupant of any motor vehicle.” Redondo Beach Municipal Code § 3- 7.1601(a) (the Ordinance). We agree with the day... More...   $0 (09-16-2011 - CA)

Dana Chatman v. James Brady

The plaintiff, Dana Chatman, appeals a decision of the Superior Court (Wageling, J.) dismissing his lawsuit against the defendants, James Brady and Lee Country Fair, pursuant to RSA 651:70 (2007), an immunity statute. We reverse and remand.

For purposes of resolving this appeal, the allegations in the plaintiff’s writ are taken as true and all reasonable inferences drawn therefrom are con... More...
   $0 (09-15-2011 - NH)

Lorraine Tessier v. Regina A. Rockefeller

The plaintiff, Lorraine Tessier, appeals an order of the Superior Court (Abramson, J.) granting the defendants’ motion to dismiss. We affirm in part, reverse in part, and remand.

The plaintiff brought this action against the defendants, Regina S. Rockefeller and Nixon Peabody, LLP (Nixon Peabody), alleging the following facts. The plaintiff is the wife of Thomas Tessier, an attorney who p... More...
   $0 (09-15-2011 - NH)

Jerry Bailey v. Safeway, Inc.

After appellant Jerry Bailey (Bailey) suffered an eye injury when a bottle of Cook‟s Champagne exploded as he was erecting a sales display in one of respondent Safeway, Inc.‟s (Safeway) stores, Bailey sued the manufacturer of the champagne bottle, Saint-Gobain Containers, Inc. (Saint-Gobain), for strict liability design defect under the consumer expectation theory; Bailey also sued Safeway und... More...   $0 (09-15-2011 - CA)

Richard Frame v. City of Arlington

Title II of the Americans with Disabilities Act (ADA), like § 504 of the 1 Rehabilitation Act, provides that individuals with disabilities shall not “be 2 denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” For nearly two decades, Title II’s implementing regulations have required cities to make newly built a... More...   $0 (09-15-2011 - TX)

Deborah Streeter v. SSOE Systems

In this diversity action, Deborah Streeter and her minor son appeal the district court’s amended order granting summary judgment to the Appellees pursuant to Md. Code Ann., Cts. & Jud. Proc. § 5-108(b) (LexisNexis 2006) upon finding that the cause of action had not accrued because it occurred more than ten years after the entire improvements to the real property were made available for its inte... More...   $0 (09-15-2011 - MD)

Estate of William Tendall, Jr. v. Contract Costa County

The family and estate of William Tendall, Jr. sued Contra Costa County and the California Highway Patrol on a governmental tort claim theory seeking compensation for the wrongful death of Tendall, who died in a pedestrian automobile accident on August 20, 2008 on Marsh Creek Road when he was hit by a car while attempting to assist another driver involved in an accident at the same location.
More...
   $11700000 (09-15-2011 - CA)

Isabel Barron v. The Evangelical Lutheran Good Samaritan Society

{1} Defendants The Evangelical Lutheran Good Samaritan Society d/b/a Betty Dare Good Samaritan and Myrna Acosta (collectively Defendants) appeal the district court’s denial of their motion to dismiss and compel arbitration pursuant to an admission agreement. We consider whether Betty Dare resident, Manuela Barron, gave sufficient authorization to her granddaughter, Cindy Chapman, to agree to bin... More...   $0 (09-14-2011 - NM)

Jose L. Aguilar Jr. v. Nathan Coonrod, M.D.

This case comes before this Court on appeal from a jury verdict entered in a wrongful death case in favor of Jose Aguilar, Guadalupe Aguilar, Alejandro Aguilar, Lorena Aguilar and Jose Aguilar, Jr. (collectively, “the Aguilars”) against Dr. Nathan Coonrod, his employer Primary Health Care Center (Primary Health) and employees of Primary Health (collectively, hereinafter “Dr. Coonrod”). On ... More...   $0 (09-14-2011 - ID)

Jose L. Aguilar, Jr. v. Nathan Coonrod, M.D.

This case comes before this Court on appeal from a jury verdict entered in a wrongful death case in favor of Jose Aguilar, Guadalupe Aguilar, Alejandro Aguilar, Lorena Aguilar and Jose Aguilar, Jr. (collectively, “the Aguilars”) against Dr. Nathan Coonrod, his employer Primary Health Care Center (Primary Health) and employees of Primary Health (collectively, hereinafter “Dr. Coonrod”). On ... More...   $0 (09-14-2011 - ID)

Tony L. Pope v. Heritage Communities, Inc.

Heritage Communities, Inc. (HCI), Heritage Riverwalk, Inc. (HRI), and BuildStar Corporation (collectively, Appellants) appeal the jury's verdicts in these consolidated construction defect actions. We affirm.

FACTS

Construction on Riverwalk Development (Riverwalk), a condominium complex in Horry County, began in June 1997 and was completed in December 1999. Riverwalk included 228 un... More...
   $0 (09-14-2011 - SC)

Jose Valdez v. MVM Security, Inc.

Jose Valdez appeals the decision of the Labor and Industrial Relations Commission ("Commission") disqualifying him from receiving unemployment compensation benefits based on a finding that he quit his job voluntarily without good cause attributable to his work or to his employer. Because we find that Mr. Valdez did not leave his employment voluntarily and because there was no contention that his d... More...   $0 (09-13-2011 - MO)

Lester Nokes v. Norma Robinson

"Nokes") appeal the Jackson County circuit court’s entry of summary judgment in favor of HMS Host USA, LLC, HMS Host Corporation, Host International, Inc., and LJA Enterprises, Inc. ("Host defendants") in a consolidated action for dram shop liability under § 537.053, RSMo Supp. 2006.1 The issue on appeal is whether Nokes presents sufficient evidence to create a genuine issue of material fact as... More...   $0 (09-13-2011 - MO)

Mt. Holly Gardens Citizens In Action, Inc. v. Township of Mount Holly

Mount Holly Township (the “Township”) has proposed a redevelopment plan that would eliminate the existing homes in its Gardens neighborhood, occupied predominantly by low-income residents, and replace them with significantly more expensive housing units. Appellants, an association of Gardens residents organized under the name Mt. Holly Gardens Citizens in Action, and 23 current and former resi... More...   $0 (09-13-2011 - NJ)

Michael Serricchio v. Wachovia Securities, LLC

This is an appeal from three orders of the United States District Court for the District of Connecticut (Arterton, J.): (1) denying summary judgment to Appellant Wachovia Securities LLC (“Wachovia”)1 on the ground that Appellee Michael Serricchio had adequately requested reinstatement to his prior employment position following a period of active military duty; (2) awarding liquidated damages, ... More...   $0 (09-13-2011 - NY)

The Glenelk Assoication, Inc. v. Ronald P. Lewis

We granted certiorari to review the court of appeals’ unpublished decision in The Glenelk Ass’n, Inc.v.Ronald Lewis, No. 09CA1209.1 In this private condemnation proceeding, respondent Ronald P. Lewis seeks to condemn a private way of necessity across land owned by The Glenelk Association, Inc. (“Glenelk”) to access an allegedly landlocked parcel of land for residential development.2 The tr... More...   $0 (09-12-2011 - CO)

Caroline Hirschfeld v. Robert B. Machinist

These two appeals arise out of various postjudgment proceedings stemming from the parties’ dissolution of marriage.1 In AC 31500, the plaintiff, Caroline Hirschfeld, claims that the trial court improperly (1) concluded that swimming pool expenses were ‘‘shelter expenses’’ in accordance with the parties’ separation agreement, (2) entered a postjudgment order dividing assets when it attr... More...   $0 (09-12-2011 - CT)

North End Realty, LLC v. Thomas Mattos

Justice Robinson for the Court. The plaintiff North End Realty, LLC (North End), appeals from a judgment of the Superior Court entered in favor of the defendants—viz., the finance director, the town planner, and the members of the town council of the Town of East Greenwich (the town or East Greenwich). That judgment entered in the wake of the court’s denial of the plaintiff’s motion for inju... More...   $0 (09-12-2011 - RI)

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