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Construction Law
 
Key Properties Group, LLC v. City of Milford

Key Properties Group, LLC (“Key”), appeals from a Superior Court Final Award of Compensation Order and related orders. Those orders resolved a condemnation action, filed by the city of Milford (“Milford” or the “City”), to obtain temporary construction and permanent utility easements thorough Key’s Hearthstone Manor development (“Hearthstone Manor”). Before entering the Award Ord... More...   $0 (03-11-2010 - DE)

John F. Long v. Janet A. Napolitano

¶ 1 We are asked to decide whether legislation creating and implementing the Tourism and Sports Authority ("TSA"), Ariz. Rev. Stat. ("A.R.S.") §§ 5-802 to -877 (Supp. 2001), is an unconstitutional special law favoring only Maricopa County. We must further determine whether the TSA funding mechanism violates the constitutional debt limitation. For the reasons that follow, we hold that the TSA le... More...   $0 (03-11-2010 - AZ)

Kimberly Balamotis v. H. Dexter Hyland, II

The plaintiff, Kimberly Balamotis, appeals a decision of the Superior Court (McHugh, J.) granting summary judgment to the defendant, H. Dexter Hyland, II d/b/a State Farm Agent, in this action alleging that he underinsured the plaintiff’s home. We reverse and remand.

The following facts are either recited in the trial court’s order or are supported by the record. The plaintiff’s home ... More...
   $0 (03-10-2010 - NH)

Milwaukee Metropolitian Sewerage District v. american International Specialty Lines Insurance Company

When 19 acres of land are offered for sale for $1.00, any purchaser has reason to be wary. The Milwaukee Metropolitan Sewerage District is responsible for flood control and wastewater treatment in the greater Milwaukee area. As part of a flood control project, the District needed to acquire from Milwaukee County a piece of real estate along Lincoln Creek. The nominal asking price was $1.00. In ant... More...   $0 (03-10-2010 - WI)

Scottsdale Insurance Company v. Century Surety Company

When multiple insurance companies have the duty to defend the same mutual insured against the same legal action, the costs of the defense are to be allocated among the insurers equitably. When an insurance company which has the duty to defend declines to participate in the defense of the common insured, those insurers who contributed to the defense may pursue an action for equitable contribution a... More...   $0 (03-10-2010 - CA)

David W. Fandel v. Tiffany Allen

Plaintiff, David Fandel, doing business as Fandel Construction, performed construction work for defendant, Tiffany Allen, on defendant’s home. After the project was complete, plaintiff recorded a “claim for lien” and commenced suit to foreclose the lien after defendant stopped payment on the check she tendered in payment of the services. Plaintiff now appeals from the trial court’s grantin... More...   $0 (03-10-2010 - IL)

Artisan Design Build, Inc. v. David Bilstrom

Plaintiff, Artisan Design Build, Inc., appeals from an order of the circuit court of Du Page County dismissing its complaint against defendants, David and Jody Bilstrom, for failing to furnish defendants with a consumer rights brochure, in violation of the Illinois Home Repair and Remodeling Act (Act) (815 ILCS 513/20 (West 2006)). The lawsuit arose out of a contract to remodel defendants' Hinsdal... More...   $0 (03-10-2010 - IL)

George's, Inc. v. Allianz Global Risks US Ins.

George’s Inc. brought this diversity lawsuit against its insurer, Allianz Global Risks US Insurance Co., arguing that Allianz failed to indemnify George’s for business expenses and personal property losses as required under the terms of its insurance policy. The district court denied Allianz’s motion for summary judgment on the contested business expenses and granted summary judgment for All... More...   $0 (03-10-2010 - AR)

Dow-Westbrook, Inc. v. Candlewood Equine Practice, L.L.C.

The plaintiff, Dow-Westbrook, Inc., appeals after a trial to the court, from the judgment in favor of the defendant, Candlewood Equine Practice, LLC (Candlewood Equine), finding that the defendant was not negligent as a result of injuries suffered by the plaintiff’s horse, Eiffel Tower, at the defendant’s veterinary clinic. On appeal, the plaintiff argues that the court erred by finding (1) in... More...   $0 (03-09-2010 - CT)

Lawrence Brown v. The Division of Water Rights of the Department of Natural Resources of the State of Utah

¶1 This case comes to us on writ of certiorari and presents important issues regarding the interaction between our substantive standing requirements and the standard of review applicable at various procedural stages of litigation. Lawrence and Marilyn Brown, together with Joseph and Kathleen Sorensen (collectively, the “Browns”), filed this action to challenge James McIntyre’s construction ... More...   $0 (03-09-2010 - UT)

Thomas Stewart v. Wallace Coffrey

Plaintiff Thomas Stewart, appearing pro se, appeals the district court dismissal of his complaint pursuant to Fed. R. Civ. P. 12(b)(1) and/or 12(b)(6). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.

I.

On July 22, 2009, Stewart commenced this action by filing a complaint in the United States District Court for the Western District of Oklahoma. In his complaint, Ste... More...
   $0 (03-09-2010 - OK)

Donald C. Austin v. Stokes-Craven Holding Corp., d/b/a Stokes Craven Ford

Donald C. Austin (Austin) filed suit against Stokes-Craven Holding Corporation d/b/a Stokes-Craven Ford (Stokes-Craven), an automobile dealership, after he experienced problems with his used vehicle and discovered the vehicle had sustained extensive damage prior to the sale. A jury found in favor of Austin and awarded him $26,371.10 in actual damages and $216,600 in punitive damages.

Stoke... More...
   $0 (03-09-2010 - SC)

United Leasing Corporation v. The Lehner Family Business Trust

In this appeal, we consider whether a defendant preserved an objection made in a motion to strike at the conclusion of the plaintiff’s evidence, when the defendant moved to renew its motion to strike at the conclusion of the trial. We hold that the defendant failed to preserve its argument regarding the validity of an assignment of a breach of contract claim to the plaintiff, because the defenda... More...   $0 (03-09-2010 - VA)

Volkswagen of America, Inc. v. Demerst B. Smit

In a prior appeal, this Court reversed a decision of the Commissioner of the Virginia Department of Motor Vehicles (“DMV”) finding that, during the period of October 1997 through March 1998, Volkswagen of America, Inc. (“Volkswagen”) violated Code § 46.2-1569(7) when it failed to supply certain high-demand models of vehicles imported by Volkswagen for distribution to its franchise dealers... More...   $0 (03-09-2010 - VA)

Kuhn Construction, Inc. v. Diamond State Port Corporation

Kuhn Construction Company submitted the lowest bid to reconstruct a wharf for Diamond State Port Corporation, but later disputed construction and engineering plans. When DSPC’s executive director asserted that their contract’s referee clause allowed him to arbitrate disputes between the parties, Kuhn sued to enjoin arbitration. The Vice Chancellor granted DSPC’s motions to dismiss and compel... More...   $0 (03-08-2010 - DE)

Boro Construction, Inc. v. Ridley School District

Boro Construction, Inc. (Boro) and Ridley School District (District) have filed cross appeals from the orders entered in the Court of Common Pleas of Delaware County (trial court) denying their motions for post-trial relief and entering judgment in favor of the District and against Boro on the complaint, and in favor of Boro and against the District on the District’s counterclaims. We affirm.More...   $0 (03-08-2010 - PA)

PVC Windows, Inc. v. Babbitbay Beach Construction

This case arises out of two contracts for the supply and installation of
windows and doors for a hotel construction project on the island of Saint Maarten
in the Netherlands Antilles. PVC Windoors, Inc. sued the parties with whom it
contracted and others for breach of contract and fraud in an effort to obtain
payment for work it performed.1 The defendants moved the district court t... More...
   $0 (03-08-2010 - FL)

Osage Nation v. Oklahoma Farm Bureau

Plaintiff-Appellant the Osage Nation (“the Nation”) appeals from the grant of summary judgment for Defendants-Appellees. The Nation sought (1) a declaratory judgment that the Nation’s reservation, which comprises all of Osage County, Oklahoma, has not been disestablished and remains Indian country within the meaning of 18 U.S.C. § 1151; (2) a declaratory judgment that Nation members -3- who... More...   $0 (03-08-2010 - OK)

Bob and Jane Cull v. Perry Homes and Warranty Underwriters Insurance Co.

Bob and Jane Cull sued Perry Homes and Warranty Underwriters Insurance Co. on breach of contact theories claiming that 2,900-square-foot, four bedroom house that they bought in 1996 near Walnut Creek Country Club suffered from numerous construction defects and deficiencies that Defendants refused to remedy despite demands made by them. Plaintiffs claimed that they first started noticing cracking ... More...   $58000000 (03-06-2010 - TX)

Oklahoma Department of Transportation v. Sutherland Lumber and Home Center, Inc.

The Oklahoma Department of Transporation sued Sutherland Lumber on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in property owned by Sutherland for construction of a public highway. The specifics of the claims made and defenses asserted are not avaiable bu the Commissioners' award in the case was $427,280.... More...   $108802 (03-05-2010 - OK)

Jill Parisien v. Ronald Parisien

[¶1] Ronald Parisien appeals from a divorce judgment, arguing the district court erroneously awarded Jill Parisien permanent spousal support. We affirm.

I

[¶2] Ronald and Jill Parisien were married in 1975. They have four living adult children. Jill Parisien sued for divorce in September 2008 on the grounds of adultery, extreme cruelty, willful neglect, conviction of felony, and ir... More...
   $0 (03-05-2010 - ND)

Brenton R. Smith v. Adventist Health System/West

This appeal is another chapter in the litigation between Dr. Brenton R. Smith and three hospitals run by Adventist Health System/West. (See Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [hospital governing board erroneously revoked Smith‟s staff membership and hospital privileges]; Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501 [litigation resulting from fail... More...   $0 (03-05-2010 - CA)

Debra Coito v. The Superior Court of Stanislaus County

We consider the question whether the statement of a witness, taken in writing or otherwise recorded verbatim, by an attorney or the attorney‘s representative, is entitled to the protection of the California work-product privilege. We will follow the weight of authority and find such statements not protected and therefore available through discovery. The superior court here followed contrary lang... More...   $0 (03-05-2010 - CA)

Warren and Betty Beaver v. Michael and karen Brumlow

{1} This case is about a verbal agreement made by Warren and Betty Beaver (Sellers) to sell land for a home site to Michael and Karen Brumlow (Buyers). Sellers reneged on the agreement after Mr. Brumlow left Sellers’ employment and started working for a competitor. The trial court ordered specific performance of the oral agreement, and Sellers appeal. Sellers acknowledge that the evidence was su... More...   $0 (03-04-2010 - NM)

Quynh Truong v. Allstate Insurance Company

{1} In this class action case, we are asked to determine the applicability of an exemption
to the Unfair Practices Act (UPA), NMSA 1978, Sections 57-12-1 to -22 (1967, as amended
through 1999), that bars UPA suits based on “actions or transactions expressly permitted
under laws administered by a regulatory body of New Mexico.” Section 57-12-7 (emphasis
added).

{2} Plai... More...
   $0 (03-04-2010 - NM)

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