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Construction Law
Cloristeen Collins, et al. v. Plant Insulation Company

Defendant Plant Insulation Company appeals from the judgment against it in this asbestos case, claiming the trial court erred in excluding the United States Navy from the list of entities as to which the jury could apportion “fault” pursuant to Proposition 51. We agree, and reverse and remand for a retrial on apportionment.


We set forth only ... More...
   $0 (06-03-2010 - CA)

Hector Canales Rodriguez d/b/a Cowboy Transport v. Jose Villarreal

Hector Canales Rodriguez d/b/a Cowboy Transport appeals the portion of a judgment awarding exemplary damages to appellee, Jose Villarreal. In two issues, Rodriguez contends the trial court erred by failing to apply the statutory exemplary-damages cap when rendering judgment on the jury’s verdict. Villarreal has filed a motion to dismiss the appeal and award sanctions, contending Rodriguez waiv... More...   $0 (06-03-2010 - TX)

Ronald C. Hatfield v. Glenn J. Solomon

Appellant Ronald C. Hatfield challenges the trial court’s money judgment against him based on the jury’s breach-of-contract findings in favor of appellee Glenn J. Solomon. In six issues, Hatfield asserts that the trial court erred in several respects in charging the jury, and that the trial court erred in awarding Solomon certain costs in the judgment. We conclude that the trial court did no... More...   $0 (06-03-2010 - TX)

Robert McBride v. Market Street Mortgage

Robert McBride entered into a three-year Employment Agreement with Market Street Mortgage Company (Market Street) in which it agreed to pay him $230,000 in Annual Base Salary. Approximately seven months into the Agreement, Market Street sent McBride a letter informing him his salary was being reduced to $85,000. Believing he had suffered a “reduction by the Company in [his] Annual Base Salary”... More...   $0 (06-02-2010 - WY)

Royal Palm Connection, Inc. v. George B. Lewis and Carlene Dinnall-Lewis

The parties to this appeal participated in arbitration after disputes arose concerning Royal Palm Collection, Inc.’s (“Royal Palm”) construction of a home for George and Carlene Lewis. Subsequent to arbitration, the builder, Royal Palm, filed motions seeking (1) the addition of some $34,510 to the arbitration award, claiming that the arbitrator’s failure to include said sum was an “evide... More...   $0 (06-02-2010 - FL)

Amazing Spaces, Inc. v. Metro Mini Storage; Landmark Interest Corporation

Amazing Spaces, Inc., and Metro Mini Storage are rival self-storage businesses in Houston, Texas. Amazing Spaces brought this action against Metro and Landmark Interest Corporation, a construction company, alleging infringement of a star design that it claims as a service mark. The district court concluded that the design was not a legally protectable mark and dismissed Amazing Spaces’s claims o... More...   $0 (06-02-2010 - TX)

Jose A. Valencia, et al. v. Peter Michael Smyth, et al.

The California Association of Realtors publishes and periodically revises a standard form residential purchase agreement commonly used in California. The agreement contains an arbitration provision. We previously interpreted the October 2000 version of the agreement, concluding that, under the California Arbitration Act (CAA) (Code Civ. Proc., §§ 1280–1294.2), the trial court had the authority... More...   $0 (06-02-2010 - CA)

Derald Ahlschlager v. Lawton School District, Independent School District 008 of Comanche County

¶1 The primary issue in this matter is the effect of noncompliance with title 62, section 362 of the Oklahoma Statutes which requires proof of a municipality's or school board's current indebtedness before a judgment may be entered in a suit based on contract. This Court holds that the failure to present proof of actual indebtedness for the fiscal year in which a judgment is entered in a contract... More...   $0 (06-01-2010 - OK)

Leslie Weinstein v. Prudential Property and Casualty Insurance Company

This is an appeal from a judgment for compensatory damages for breach of an insurance contract, from an award of punitive damages for insurance bad faith, and from the award of attorney fees. The district court ordered a new trial on punitive damages unless the plaintiffs accepted a remittitur, and they cross appeal from that order. We affirm the judgment for compensatory damages, we vacate the aw... More...   $0 (06-01-2010 - ID)

Villa Vicenza Homeowners Association v. Nobel Court Development, LLC

In this case the developer of a condominium project recorded a declaration of covenants, conditions and restrictions (CC&R's) which required a homeowners association arbitrate any construction defect claim the association might have against the developer. As we explain more fully below, we find CC&R's are not an effective means of obtaining an agreement to arbitrate a homeowners association's cons... More...   $0 (06-01-2010 - CA)

Teckla Chude v. Jack in the Box, Inc.

Plaintiff, Teckla Chude, an uninsured driver, suffered second degree burns when she spilled the coffee she had just purchased at the drive-through window of defendant Jack in the Box (JIB). Her negligence action was resolved after the trial court granted JIB‟s motion for summary adjudication of Chude‟s claim for non-economic damages. The court relied on Proposition 213, Civil Code section 3333... More...   $0 (06-01-2010 - CA)

Miccosukee Tribe of Indians of Florida v. Kraus-Anderson Construction Company

In 2004, Kraus-Anderson Construction Company (“Kraus-Anderson”) sued the Miccosukee Tribe of Indians of Florida (the “Tribe”) for breach of contract in the Miccosukee Tribal Court. The Tribe denied liability and counterclaimed, alleging that Kraus-Anderson was the breaching party. Following a trial on the merits, the Tribal Court denied Kraus-Anderson’s claims and, finding for the Tribe ... More...   $0 (05-29-2010 - FL)

Lucky United Properties Investment, Inc., et al. v. Albert Lee

Albert Lee (Lee) appeals from an order that granted respondents‘ motion to compel Lee to acknowledge the satisfaction of a prior order for attorney fees and costs (Code Civ. Proc., § 724.050) and denied in part Lee‘s motion for other attorney fees and costs incurred in the proceeding.1 The appeal reflects the complexities that can arise when a party who prevailed on an anti-SLAPP motion to st... More...   $0 (05-28-2010 - CA)

Frederick T. Scalzo, et al. v. American Express Company, et al.

These appeals are from the trial court‟s grant of two special motions to strike. We affirm as to Respondents Baker, Baker and Baker, Shomaker, and Haynie & Company; we reverse as to Martin R. Scalzo.


In July 2008, Frederick T. Scalzo and Donna M. Ostermiller filed a complaint against Martin R. Scalzo, Martin J. (Marty) Scalzo; William E. Baker, Jr. (... More...
   $0 (05-28-2010 - CA)

Estate of Maddison Alexis Desela v. Prescott Unified School District No. 1, et al.

¶1 The estate (“Estate”) of Maddison Alexis DeSela (“Maddison”) appeals from the superior court’s dismissal of its claim for medical expenses for Maddison’s personal injuries. Even though Maddison’s mother had assigned that claim to Maddison or the Estate before the statute of limitations had run on the claim and Maddison had filed a timely notice of claim, the court held the Estate... More...   $0 (05-27-2010 - AZ)

Debra L. Harvey v. Janice K. Brewer, Governor, et al.

Arizona’s Constitution provides: “No person who is adjudicated an incapacitated person shall be qualified to vote at any election, nor shall any person convicted of treason or felony, be qualified to vote at any election unless restored to civil rights.” Ariz. Const. art. VII, § 2. Arizona statutes give effect to this constitutional provision by suspending the voting rights of any person co... More...   $0 (05-27-2010 - AZ)

Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc.

This appeal arises from a contract between an insurance broker and the association responsible for managing a condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. The condominium association claims that the broker caused part of its losses by failing to procure an adequate insurance policy for the condominium. Although... More...   $0 (05-27-2010 - FL)

CE Design, Limited v. Prism Busines Media, Inc.

This is a junk fax case, and like most such cases, the facts are not especially juicy. In 2004 Prism Business Media, Inc., sent CE Design, Limited, a fax advertising a trade show.1 That’s it. But that small act sparked a lawsuit that presents some interesting jurisdictional and regulatory questions. CE Design sued Prism under the Telephone Consumer Protection Act (TCPA), which prohibits the use ... More...   $0 (05-27-2010 - IL)

David Dopp v. Tim Walterbach, et al.

David Dopp, an individual, and Kathy Dopp, an individual, husband and wife sued Tim Walterbach, an individual, and Walterbach Custom Homes, Inc., a corporation; Joel Collins, an individual; and J. Collins & Associates, LLC, a limited liabilty company and Walterbach Custom Homes, Inc. vs. Richard Conrad & Assoc., L.L.C. Mill Creek Lumber & Supply Company Greg Garrison d/b/a C & G Construction Centr... More...   $100000 (05-26-2010 - OK)

Falyn Reinfeld v. H.L. Hutchinson

[¶1.] Falyn Reinfeld (Reinfeld) brought this lawsuit against H.L. Hutcheson (Hutcheson) for negligence in connection with an automobile accident. The trial court granted Reinfeld’s motion for a new trial on the basis that the jury’s award of damages for past and future medical expenses, but not pain and suffering, was inadequate and insufficient under the evidence presented at trial. Hutcheso... More...   $0 (05-26-2010 - SD)

Bradford A. Phillips, Clifton Phillips, Ryan T. Phillips and F. Terry Shumate v. United Heritage Corporation

It is a fundamental principle that the corporate structure normally insulates shareholders, officers, and directors from individual liability for the debts, liabilities, and obligations of the corporation. See Willis v. Donnelly, 199 S.W.3d 262, 271-72 (Tex. 2006). Nevertheless, their abuse of this privilege can result in the “piercing of the corporate veil” and the imposition of individual ... More...   $0 (05-26-2010 - TX)

Veronica Barragan v. County of Los Angeles

Petitioner and appellant Veronica Barragan was rendered quadriplegic in a single-car rollover accident. She was hospitalized for three months following the accident, and virtually bedridden for the next seven months. Thereafter, she consulted an attorney, who determined that she may have a claim against respondent County of Los Angeles (County) for dangerous condition of the road where the acciden... More...   $0 (05-26-2010 - )

David M. Rodriguez, et al. v. Maricopa County College District, et al.

We consider the interplay between the First Amendment and the right to be free of workplace harassment on the basis of protected status.


Professor Walter Kehowski sent three racially-charged emails over a distribution list maintained by the Maricopa County Community College District, where he teaches math. Every district employee with an email address received a copy. Plaintiff... More...
   $0 (05-26-2010 - AZ)

Cosmetic Ideas, Inc. v. IAC/Interactive Corp.; Home Shopping Network, Inc.; HNS, L.P.; HSN General Partner, L.L.C.

Plaintiff-Appellant Cosmetic Ideas, Inc. (“Cosmetic”) appeals the decision of the United States District Court for the Central District of California (“district court”) dismissing its claims against Defendants-Appellees IAC/InteractiveCorp, Home Shopping Network, Inc., HSN LP, and HSN General Partner LLC (collectively, “HSN”) for lack of subject-matter jurisdiction. The district court ... More...   $0 (05-26-2010 - CA)

John Hasychak, Jr. v. Zoning Board of Appeals of the Town of Old Saybrook, et al.

In this consolidated appeal,1 the defendant Herbert Watstein appeals from the trial court’s judgment, claiming that the court improperly concluded that the zoning board of appeals of the town of Old Saybrook (board) lacked jurisdiction to hear and determine Watstein’s administrative appeal, which concerned whether the town zoning enforcement officer properly had issued a certificate of zoning ... More...   $0 (05-25-2010 - CT)

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