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Construction Law
 
Jennifer Ottens v. Dan McNeill and Nickolas Coleman

¶1 Plaintiff Jennifer Ottens appeals from various procedural and evidentiary rulings and from the trial court's entry of a directed verdict in favor of Defendant Dan McNeil (Dan). We reverse and remand in part, and affirm in part.

BACKGROUND

¶2 Ottens's lawsuit stems from injuries she sustained in a March 29, 2002 automobile accident. The accident occurred on Interstate Highway 15 ... More...
   $0 (08-26-2010 - UT)

Lowell Joseph Kuvin v. City of Coral Gables

Lowell Joseph Kuvin (“Kuvin”) appeals the trial court’s order denying his motion for summary judgment, granting the City of Coral Gables’ (“the City”) motion for summary judgment, and issuing a final declaratory judgment in favor of the City. Upon en banc review, we affirm the trial court’s order upholding sections 8-11 and 8-12 of the City’s zoning code (“Zoning Code”) as a va... More...   $0 (08-25-2010 - FL)

Rexam Beverage Can Company v. David F. Bolger

This commercial landlord-tenant dispute involves a tenant who overstayed its welcome at a warehouse with a leaky roof, the replacement of which both landlord and tenant deny is their responsibility. After the tenant filed an action for declaratory

1 We refer to the defendants collectively as “Bolger” and use the pronoun “he” both for ease of reading and because David Bolger was the ... More...
   $0 (08-24-2010 - IL)

W. Denver Garrison, Jr. v. Red Clay Consolidated School District

This is an appeal by a public school teacher who claims that he was wrongfully terminated for failing to complete a required mentoring program. Appellant participated in the mentoring program during his first two years, but did not attend all the mentoring sessions during his third year. At issue is whether that third year of mentoring was required, given Appellant’s prior teaching experience in... More...   $0 (08-23-2010 - DE)

John Halebian v. Elliot J. Berv

The United States Court of Appeals for the Second Circuit (Second Circuit) has certified to us, pursuant to S.J.C. Rule 1:03, as amended, 382 Mass. 700 (1981), the following question of State law:

"Under Massachusetts law, can the business judgment rule, established under Mass. Gen. Laws ch. 156D, § 7.44, be applied to a derivative complaint filed timely under section 7.42 but prior to a c... More...
   $0 (08-23-2010 - MA)

Sylvia Spencer v. World Vision, Inc.

We must decide whether a faith-based humanitarian organization is exempt from Title VII’s prohibition against religious discrimination.

I

Silvia Spencer, Ted Youngberg, and Vicki Hulse were terminated by World Vision, Inc. (“World Vision”) on account of their religious beliefs. Religious discrimination is, of course, barred by Title VII of the Civil Rights Act. See 42 U.S.C... More...
   $0 (08-23-2010 - WA)

Jesse Branham, Jr. v. Ford Motor Company

This is a direct appeal in a product liability case tried to a jury in Hampton County. The jury awarded the plaintiff $16,000,000 in actual damages and $15,000,000 in punitive damages. We affirm in part, reverse in part and remand for a new trial.

I.

This product liability action involves a 1987 Ford Bronco II 4x2, manufactured in 1986. Cheryl Hale (or her husband) purchased ... More...
   $0 (08-20-2010 - SC)

Johnny LaFalier v. State Farm Fire and Casualty Company

Home Insurance Company (collectively, the “Insurers”) challenge the district court’s conclusion that the “local controversy” exception requires the court to remand this “mass action” originally removed from state court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. § 1332(d). Having granted the Insurers’ petition for permission to appeal, we exercise jurisdiction un... More...   $0 (08-19-2010 - OK)

James Howard v. American National Fire Insurance Company

James Howard, a young man molested as a child by a Catholic priest, sued the Bishop who retained the priest in the diocese. A jury found the Bishop liable for negligent retention, and the court entered judgment in the amount of $5.5 million: $2.5 million in compensatory damages and $3 million in punitive damages. The Bishop settled with Howard while the case was on appeal, and agreed to join Howar... More...   $0 (08-19-2010 - CA)

Evelyn Rivera v. First Databank, Inc.

Defendant First DataBank, Inc. appeals from denial of its special motion to strike the negligence and breach of contract causes of action in the complaint filed by plaintiffs Evelyn Rivera, Beau Rivera, Steven Rivera, Jenna Rivera, and Corryn Rivera. (anti-SLAPP motion; Code Civ. Proc., § 425.16; all further references are to this code unless otherwise stated.) It contends the court erred when it... More...   $0 (08-19-2010 - CA)

Mildred Castorena v. General Electric

This action, consolidated on appeal, arises out of grants of summary judgment in favor of defendant-respondent corporations (General Electric, et al.; A.W. Chesterton Co., et al.; and FMC Corp., et al.) (collectively, ―Respondents‖) on the grounds that the plaintiffs-appellants‘ (Mildred Castorena, et al.; Willis E. Norton, Sr.; and John D. Adamson, et al.) (collectively, ―Appellants‖) w... More...   $0 (08-18-2010 - ID)

Qualified Patients Association v. City of Anaheim

Plaintiffs Qualified Patients Association (QPA) and Lance Mowdy appeal from a judgment of dismissal entered after the trial court sustained, without leave to amend, the City of Anaheim‟s demurrer to plaintiffs‟ complaint. Asserting the primacy of state law over local law under constitutional and statutory authority (Cal. Const., art. XI, § 7; Gov. Code, § 37100), plaintiffs‟ first cause of... More...   $0 (08-18-2010 - CA)

Donald F. Reid v. Diana Sebastian Landsberger

In this interpleader action,1 the defendant Diana Sebastian Landsberger appeals from the trial court’s judgment rendered in accordance with the report of an attorney trial referee (referee). The court rendered judgment awarding the other defendants, Julio Traslavina and Maria Traslavina, $63,500 as liquidated damages for Landsberger’s default under the terms of a contract for the sale of real ... More...   $0 (08-17-2010 - CT)

Rod Marshall v. Theresa Baggett

Ms. Theresa Baggett appeals from a default judgment issued in favor of the Trustees of the Contractors, Laborers, Teamsters and Engineers Health & Welfare Plan and Pension Plan (“the Plans”) and the Laborers’ International Union of North America, Local 1140 (“the Union”) (collectively “the plaintiffs”). Ms. Baggett argues that the district court erred in granting the default judgment... More...   $0 (08-17-2010 - NE)

M.M. Silta, Inc. v. Cleveland Cliffs, Inc.

M.M. Silta, Inc. (Silta) appeals from the district court’s1 dismissal of its breach of contract action and related claims against Cleveland Cliffs, Inc. and its subsidiaries (collectively, Cliffs). Because a jury in a previous action found that Cliffs properly terminated the parties’ agreement, and because we conclude that the contract unambiguously precludes the post-termination obligations o... More...   $0 (08-17-2010 - MN)

Kevin Blum, Jr. v. 1st Auto & Casualty Insurance Company

This is a review of a published decision of the court of appeals, Blum v. 1st Auto & Casualty Insurance Co., 2009 WI App 19, 315 Wis. 2d 822, 762 N.W.2d 819, affirming an order of the Circuit Court for Sauk County, Guy D. Reynolds, Judge. The circuit court granted summary judgment to 1st Auto & Casualty Insurance Company (1st Auto) on grounds that Kevin Blum (Blum) was not entitled to the uninsur... More...   $0 (08-14-2010 - WI)

Gregg Beldock v. Town of Charlotte

¶ 1. Plaintiffs appeal from a superior court order granting summary judgment to defendant Town of Charlotte. Plaintiffs argue the Town is required to maintain gates and fences along a Town-owned private lane providing access to plaintiffs’ property. The trial court ruled that the Town “has no obligation or duty to erect, maintain, close, or open any gate(s) at either end” of the lane, nor... More...   $0 (08-13-2010 - VT)

David Alan Wiemer v. Continental Car & Truck, L.L.C.

A consumer brought a putative class action lawsuit against an automobile dealership more than two years after he purchased a vehicle, alleging the dealership charged a document preparation fee not included in the vehicle’s advertised price in violation of Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA). The dealership moved to dismiss the complaint, arguing that the two-year... More...   $0 (08-13-2010 - AK)

The Allen and Martha Lewis Revocable Trust v. Daniel and Erin Perales

Appellants, the Allen and Martha Lewis Revocable Trust and Martha A. Lewis, individually (“Lewis”), sued Daniel and Erin Perales (“Perales”) to establish title to land by adverse possession.[1] Lewis appeals the trial court’s grant of Perales’s motion for summary judgment, arguing that the trial court erred: (1) in failing to rule on or refusing to sustain Lewis’s special exception... More...   $0 (08-12-2010 - TX)

Jay Franco & Sons, Inc. v. Clemens Franek

The same year Huey Lewis and the News informed America that it’s “Hip To Be Square”, Clemens Franek sought to trademark the circular beach towel. His company, CLM Design, Inc., pitched the towel as a fashion statement—“the most radical beach fashion item since the bikini,” declared one advertisement. “Bound to be round! Don’t be square!” proclaimed another. CLM also targeted lazy... More...   $0 (08-12-2010 - IL)

Pete's Mountain Homeowners Association v. Oregon Water Resources Board

In this water rights case, the Oregon Water Resources Department (the department) approved an application of Pete's Mountain Water Co., Inc. (the water company), to amend a water right permit. Petitioners, a neighborhood association and a number of local area residents, filed a petition for judicial review of an order in other than a contested case. The water company intervened and moved to dism... More...   $0 (08-11-2010 - OR)

Matthew Snatchko v. Westfield, L.L.C.

In this case we conclude the rules of a large regional shopping mall that prohibit peaceful, consensual, spontaneous conversations between strangers in common areas of the mall about topics that are not related to the activities of the mall, its tenants or the noncommercial sponsored activities of the mall or its tenants are content-based rules that do not withstand a strict scrutiny analysis. The... More...   $0 (08-11-2010 - CA)

Youa Lee v. Officer Jason Anderson

Youa Vang Lee (Lee), as trustee for the heirs and next-of-kin of Fong Lee, filed suit against Minneapolis Police Officer Jason Andersen and the City of Minneapolis, among others, alleging a federal cause of action pursuant to 42 U.S.C. § 1983 as well as state law tort claims arising from the death of Lee’s son Fong Lee on July 22, 2006. Following a six-day trial, the jury returned a verdict fin... More...   $0 (08-11-2010 - MN)

John P. Boerschig v. Southwestern Holdings, Inc.

John Boerschig appeals the trial court's judgment in favor of Southwestern Holdings, Inc. (SHI), stemming from his suit for trespass, injunctive, and declaratory relief. We affirm in part and reverse in part.

BACKGROUND

In the early 1900s, John A. Poole owned a sizeable ranch named La Cienega. (1) The northern portion of that ranch, now known as the McCracken Ranch, was later sold to... More...
   $0 (08-11-2010 - TX)

Terry L. Frederick v. Swift Transportation Co., Inc.

In this appeal the Appellant, Swift Transportation, raises ten issues based on various rulings by the district court leading up to and during the course of a jury trial in which Swift was found liable on claims brought by the Appellees, Terry and Donna Frederick. Swift argues these rulings, individually and considered together, resulted in an unfair trial; and we should grant a new trial as to bot... More...   $0 (08-10-2010 - KS)

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