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Construction Law
 
Annunziata Gould v. Deschutes County

This petition and cross-petition for judicial review arise from a Land Use Board of Appeals (LUBA) decision that remanded Deschutes County's approval of the final master plan (FMP) for development of a destination resort by Thornburgh Resort Company, LLC (Thornburgh). The issues on review concern Thornburgh's fish and wildlife mitigation plans. Petitioner Gould argues that LUBA remanded too litt... More...   $0 (02-24-2010 - OR)

Joel Drum v. San Fernando Valley Bar Association

We hold that a voluntary bar association did not engage in an unfair business practice in violation of the California Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.)1 (UCL) when, allegedly, it unilaterally refused to sell its membership mailing list to a person who intended to offer low-priced mediation services in competition with higher-priced mediation services offered by some of t... More...   $0 (02-24-2010 - CA)

Jennifer Lobo v. Tamco

Plaintiffs, the survivors of a deputy sheriff killed in a vehicular collision, appeal a summary judgment in favor of defendant Tamco. We reverse in part.

BACKGROUND

Daniel Lobo, a San Bernardino County deputy sheriff, was killed on October 11, 2005, allegedly as the result of negligent operation of a motor vehicle by defendant Luis Duay Del Rosario while acting in the course and scop... More...
   $0 (02-24-2010 - CA)

Parchester Village Neighborhood Council v. City of Richmond

Defendants the City of Richmond and the City Council of the City of Richmond (City) appeal the judgment granting a peremptory writ of mandate invalidating a municipal services agreement (MSA) entered into by the City and the Scotts Valley Band of Pomo Indians of California (Tribe). The trial court concluded the City violated the California Environmental Quality Act (Pub. Resources Code, § 21000 e... More...   $0 (02-24-2010 - CA)

Niagara Mohawk v. Consolidated Rail

This case is yet another in a series of cases that
attempt to chart the contours of liability of a potentially
responsible party (“PRP”) under §§ 107(a)(4)(B) and
113(f)(3)(B) for contribution towards, and payment of, costs
resulting from the identification and cleanup of hazardous
substances under the Comprehensive Environmental Response,
Compensation, and Liability ... More...
   $0 (02-24-2010 - NY)

Mandi Leigh Gronseth v. Chester Rural Fire Protection District and Chester Fire Department

[¶1.] In answer to a certified question from the United States District Court for the District of South Dakota, we conclude that a fire fighter driving to a fire hall to respond to a fire call is rendering emergency care or service under SDCL 20-9-4.1.

Background

[¶2.] Tim Bauman is a volunteer fire fighter for the Chester Fire Department, in the Chester Rural Fire Protection Distr... More...
   $0 (02-24-2010 - SD)

A.S. and M.S. v. LaPorte Regional Health System, Inc.

Appellants/Plaintiffs A.S. and M.S. appeal from the trial court‟s entry of summary judgment in favor of Appellee/Defendant LaPorte Regional Physicians Network, Inc. (“LRPN”). We affirm.

FACTS AND PROCEDURAL HISTORY

As of February 1, 2002, A.S., an employee of LaPorte Hospital (“the Hospital”) had worked in a phlebotomy laboratory in the Heritage Place building in LaPorte fo... More...
   $0 (02-24-2010 - IN)

Oklahoma Department of Securities v. R. Kurt Blair, et al.

¶1 The first-impression principal issue in these appellate proceedings is whether an action may be maintained under the Oklahoma Uniform Securities Act against innocent victims of a Ponzi scheme to force them to pay to the Department of Securities those amounts they received from the Ponzi scheme which are in excess of their investments in that scheme. We hold that the Department may proceed agai... More...   $0 (02-23-2010 - OK)

Forsgren Associates, Inc. v. Pacific Golf Community Development, LLC, et al.

Plaintiff and appellant Forsgren Associates, Inc. (Forsgren), the general contractor for construction of a public golf course and flood channel, brought this breach of contract and foreclosure action against Pacific Golf Community Development, LLC (Pacific), the developer, and against property owners, Wilshire Road LLC (Wilshire), Makasa LLC (Makasa), and Desert Tortoise Public Financing Authority... More...   $0 (02-23-2010 - CA)

Thomas Walden v. City of Providence

In July 2004, two groups of current and former employees of the Police and Fire Departments of the City of Providence, Rhode Island, and their families, sued the City and several City employees in their personal capacities. An automatic recording system at the City's new Public Safety Complex ("Complex"), which housed the Police and Fire Departments, recorded all telephone calls into and out of t... More...   $0 (02-23-2010 - RI)

Geneva Brown v. Alabama Department of Transportation

This appeal arises from a Title VII claim brought by African-American civil engineer Geneva Brown against her employer, the Alabama Department of Transportation (“the Department”). Brown claimed that the 1 Department denied her nine separate promotions on account of her race, or for retaliatory reasons, between 2000 and 2005. Following a five-day trial, a jury sitting in the Northern District ... More...   $0 (02-23-2010 - GA)

Ronald D. Murray, Jr. v. Jason Lene

Ronald Murray brought an action for damages under 42 U.S.C. § 1983 and Missouri law against the director of the Missouri Department of Social Services (DSS) and one of its employees, Christine Steele; Adair County, Missouri, Deputy Jason Lene, and the county's sheriff and board of commissioners; and Mr. Murray's ex-wife, Kayele Vittetoe.

Mr. Murray claimed that the defendants conspired ... More...
   $0 (02-23-2010 - MO)

Julie Fairchild v. Liberty Independent School District

Julie Fairchild – asserting that the Liberty Independent School District Fairchild also has three children who during the relevant time period attended 1 District schools. The District maintains that it fired Fairchild for creating a classroom environment 2 not conducive to learning.

The District adopted DGBA (Local) and BEC (Legal) in an effort to comply with the 3 Texas Open Meetings ... More...
   $0 (02-23-2010 - )

Interstate Fire and Casualty Insurance Company v. Cleveland Wrecking Company

Interstate Fire and Casualty Insurance Company (Interstate) appeals from a judgment entered after the court sustained, without leave to amend, a demurrer to Interstate‟s amended complaint against Cleveland Wrecking Company (Cleveland). Interstate contends the court erred because: (1) its subrogation complaint, based on its insured‟s contractual indemnification claim against Cleveland, was not ... More...   $0 (02-22-2010 - CA)

Mohani Thiara v. Pacific Coast Khalsa Diwan Society

Respondents sought a writ of mandate compelling appellants, a nonprofit religious corporation and its officers, to permit them to inspect the corporation‟s membership list, books, and records, based on respondents‟ claim they were members of the corporation. Appellants denied that respondents were members of the corporation, asserting the corporation has no members and the bylaws pursuant to w... More...   $0 (02-22-2010 - CA)

Donald Hagerott and Mark Hagerott v. Morton County Board of Commissioners

[¶1] Donald and Mark Hagerott appeal from a district court order affirming a decision by the Morton County Board of Commissioners to issue Fred Berger a conditional use permit to operate a feedlot on Berger's property in Morton County. The Hagerotts argue they have standing to challenge the conditional use permit, the Morton County Commission's interpretation of a Morton County Animal Feeding Ope... More...   $0 (02-22-2010 - ND)

Cianbro Corporation v. George H. Dean

We are called upon to determine whether an in rem maritime lien should be allowed against the vessels BENNO C. SCHMIDT and ENERGY SERVICE 9001 ("the Vessels") in favor of Defendant-Appellant George H. Dean, Inc., d/b/a Dean Steel ("Dean Steel"). This claim is challenged by Plaintiff-Appellee Cianbro Corporation ("Cianbro"), and Plaintiff-Intervenors Hornbeck Offshore Services and Hornbeck Offshor... More...   $0 (02-22-2010 - MA)

Leyda Cuellar v. Richard Cecil Joyce

Petitioner seeks the return of her daughter to Panama under the Hague Convention on the Civil Aspects of International Child Abduction. The father opposes return; he claims that the mother is neglectful and very poor, that the child has grown used to living in America and that the child’s medical needs cannot be addressed in Panama.

Richard Joyce built a sailboat and sailed it to Panama... More...
   $0 (02-22-2010 - CA)

Stanmore Cooper v. Federal Aviation Administration (FAA)

The Privacy Act of 1974, 5 U.S.C. § 552a et seq. (the Act), prohibits federal agencies from disclosing “any record which is contained in a system of records by any means of communication to any person, or to another agency” without the consent of “the individual to whom the record pertains,” unless the disclosure falls within one or more enumerated exceptions to the Act. Id. § 552a(b). <... More...   $0 (02-22-2010 - CA)

Versai Management v. Clarendon America Insurance

Appellant Versai Management Corporation (Versai) appeals the district court’s grant of summary judgment in favor of Appellees Clarendon America Insurance Company (Clarendon) and Employers Fire Insurance Co. (EFIC) on (1) Versai’s contract claims for unpaid insurance proceeds for property damage, business interruption, replacement costs, and code compliance upgrades; and (2) Versai’s claims t... More...   $0 (02-22-2010 - )

Marn Suzanne Larsen-Ball v. William Gordon Ball

Marn Suzanne Larsen-Ball and William Gordon Ball were married on August 12, 1989, in Knox County, Tennessee. Prior to the marriage, Ms. Ball worked in retail management. After the parties were married, she became a stay-at-home mother to the parties’ two children, born April 22, 1990, and April 26, 1991. At the time of the marriage, Mr. Ball, a former Assistant United States Attorney, had been p... More...   $0 (02-22-2010 - TN)

City of Detroit v. Crown Enterprises, Inc.

This case involves a condemnation action. In Docket No. 285258, defendant Crown Enterprises Inc. appeals as of right a judgment, following a jury trial, awarding it $2 million as just compensation for 19.09 acres of property that plaintiff City of Detroit condemned for use in the Conner Creek Combined Sewerage Overflow Basin Project. In Docket No. 288429, defendant appeals by leave granted1 an ord... More...   $2000000 (02-21-2010 - MI)

Forecast Homes, Inc. v. Steadfast Insurance Company

Housing developers, Forecast Homes, Inc., and K. Hovnanian Forecast Homes, Inc. (referred to collectively and in the singular as Forecast), appeals from the judgment entered in its declaratory relief action in favor of Steadfast Insurance Company (Steadfast). Forecast contractually required all its subcontractors to defend and hold it harmless against any liability arising out of the subcontractor... More...   $0 (02-20-2010 - CA)

Young Seok Suh v. Cha Hollywood Medical Center

Petitioners and plaintiffs Young Seok Suh and Yongkew Chung (plaintiffs) are anesthesiologists who were with a medical group that entered into two anesthesiology contracts with a hospital. They seek review of an order by the trial court compelling arbitration. We grant the petition, holding that plaintiffs did not agree to arbitrate disputes relating to one of the contracts and that the terms of t... More...   $0 (02-20-2010 - CA)

Terry McCann v. Foster Wheeler, LLC

This case presents a choice-of-law issue arising in a lawsuit filed by plaintiff Terry McCann (plaintiff) to recover damages for an illness, mesothelioma, allegedly caused by his exposure to asbestos. Although the complaint seeks recovery from numerous defendants, the issue before us relates solely to the potential liability of a single defendant, Foster Wheeler LLC (Foster Wheeler), a company tha... More...   $0 (02-20-2010 - CA)

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