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Construction Law
 
Texas All Risk General Agency, Inc., Kelly Ann Davis, David Day, Targa Investments Corporation v. Apex Lloyds Insurance Company

Texas All Risk General Agency, Inc., Kelly Ann Davis, David Day, and TARGA Investments Corp. jointly appeal from a trial court’s verdict in a non-jury trial awarding Apex Lloyds Insurance Co. a judgment for a breach of a general management agreement. Appellants complain that: (1) the trial court’s interpretation of the contract was “oppressive, inequitable, unreasonable, and frustrates the... More...   $0 (11-10-2010 - TX)

Chet Cyrus v. Town of Mukwonago

Nickolos Cyrus suffered from bipolar disorder and schizophrenia and was known to local police based on past psychotic—but noncriminal—episodes. Early one morning, after being reported missing by his family and while in a delusional state, he wandered into a partially built new home in Mukwonago, Wisconsin, wearing nothing but a bathrobe.

The property owner was present and called the p... More...
   $0 (11-10-2010 - WI)

Lori L. Collins v. Indemnity Insurance Company of North America

This case arises from the trial court’s grant of Appellee Indemnity Insurance Company of North America’s no-evidence motion for summary judgment. Appellant Lori L. Collins argues that the trial court erred in granting summary judgment because she presented some evidence that she was injured in the course and scope of employment and thus suffered a “compensable injury” under the Texas Work... More...   $0 (11-10-2010 - TX)

Ronald Engh v. Michael REardon, M.D. and Panagiotis Kougias, M.D.

This appeal arises from medical malpractice claims brought by appellant, Ronald Engh, against appellees, Dr. Panagiotis Kougias and Dr. Michael Reardon. The trial court dismissed Engh’s claims against both doctors with prejudice after concluding that the expert report served by Engh did not satisfy the requirements of section 74.351 of the Texas Civil Practice and Remedies Code.[1] This appeal... More...   $0 (11-10-2010 - TX)

Richard Denton v. Good Way Oil 902 Corp.

This contract to sell commercial real estate failed to close. The buyer sued the seller for specific performance and other equitable relief. It also sued other defendants for intentional interference with the contract and slander of title. The claims were tried simultaneously to a jury (money damages) and the judge (equitable claims). As Murphy’s law would predict, the jury went one way and the ... More...   $0 (11-10-2010 - FL)

Charles Cox v. The New Mexico Department of Public Safety

{1} At issue in this appeal is a request for information pursuant to the New Mexico Inspection of Public Records Act (IPRA), NMSA 1978, §§ 14-2-1 to -12, (1947, as amended through 2009). The New Mexico Department of Public Safety (DPS) refused to disclose records of citizen complaints requested by Plaintiff. The district court granted summary judgment in favor of DPS. The district court ruled th... More...   $0 (11-10-2010 - )

Friends of Animals, Inc. v. United Illuminating Company

In this equitable action, the plaintiff, Friends of Animals, Inc., sought a declaration and injunction restraining the defendant, United Illuminating Company, from gassing, killing or capturing monk parakeets (parakeets) that were nesting on power lines and electrical equipment. The plaintiff appeals from the judgment rendered by the trial court when it granted the defendant’s motion to dismiss ... More...   $0 (11-09-2010 - CT)

Linda Mae Behrns v. Ronald Wayne Behrns

Before us is the third appeal arising out of a separation agreement of the parties, the plaintiff, Linda Mae Behrns, and the defendant, Ronald Wayne Behrns, which, at their request, had been incorporated into their decree of dissolution. This most recent appeal arises from the judgment of the trial court, finding that the defendant was in wilful contempt of the original court order requiring him t... More...   $0 (11-09-2010 - CT)

Terry Sanders v. Gravel Products, Inc.

[¶1] Terry Sanders appeals from the district court judgment dismissing his claim for enforcement of a deferred compensation agreement with Gravel Products, Inc. We hold Gravel Products complied with the plain and unambiguous language of the deferred compensation agreement, and we affirm.

I

[¶2] The relevant facts for this case are set forth in Sanders v. Gravel Products, Inc., ... More...
   $0 (11-09-2010 - ND)

Belva Ann Hahno-Lopez v. Jeff Houser

Plaintiffs-Appellants filed this action claiming unlawful use of their real property and seeking declaratory judgment, injunctive relief, ejectment, and damages. They appeal from the district court’s grant of summary judgment in favor of Defendants-Appellees, members of the Business Committee of the Fort Sill Apache Tribe of Oklahoma and the Manager of the Fort Sill Casino. The district court ha... More...   $0 (11-09-2010 - OK)

Hipolito Geronimo Jerry Perez v. St. John Medical Center

Mr. Perez sued his former employer, St. John Medical Center (St. John), and the Carpenters Local Union #943 (Union), alleging wrongful termination and failure to rehire based on race and national origin discrimination. The district court granted summary judgment on all claims, and exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Mr. Perez is a Hispanic member of the Unio... More...
   $0 (11-05-2010 - OK)

Fred H. Keller, Jr. v. City of Fremont

This matter is before the court on a “Certification Request” filed in this court by the U.S. District Court for the District of Nebraska under Neb. Rev. Stat. § 24-219 et seq. (Reissue 2008). The federal district court’s request involves two federal cases consolidated under the lead case docketed in federal district court as case No. 8:10CV270.

The court has certified the following ... More...
   $0 (11-05-2010 - NE)

Edward J. Allard v. Al-Nayem International, Inc.

Edward J. Allard appeals the trial court's order granting Al-Nayem International, Inc., a rehearing as to damages suffered by Al-Nayem for Mr. Allard's breach of a warranty deed. See Fla. R. App. P. 9.130(a)(4).1 Al-Nayem cross-appeals, challenging an earlier final order granting an involuntary dismissal to Mr. Allard. See Fla. R. App. P. 9.030(b)(1)(A); 9.110(g). We affirm as to the involuntary d... More...   $0 (11-05-2010 - FL)

Gregory Daniels v. Wells Branch Municipal Utility District

Gregory Daniels appeals from a judgment rendered against him in favor of Wells Branch Municipal Utility District (“Wells Branch”) in its suit asserting causes of action for trespass and violation of its rules arising out of Daniels’s entry upon and damage to its real property. In three issues, Daniels challenges the award of damages and attorneys’ fees. We will affirm the district court’... More...   $0 (11-05-2010 - TX)

Fossil Creek Energy Corp. v. Cook's Oilfield Services

¶1 Cook's Oilfield Services (Cook's), brings this accelerated appeal1 of the trial court's summary judgment filed on February 12, 2009, in favor of Admiral Insurance Company (Admiral). Based on our review of the record on appeal and applicable law, we reverse the order of the trial court granting summary judgment because there are controverted issues of material fact. We remand this case for furt... More...   $0 (11-04-2010 - OK)

Highland Crossing, L.P. v. Ken Laster Co.

¶1 Highland Crossing, L.P., Plaintiff/Appellant ("Owner"), seeks review of an order confirming an arbitration award in favor of Defendant/Appellee Ken Laster Company ("Subcontractor").1 The trial court denied Owner's Petition to Vacate the arbitration award and granted Subcontractor's Cross-Application for Order Confirming Arbitration Award against Owner.

¶2 Owner was a developer of a con... More...
   $0 (11-04-2010 - OK)

Linda Eastwood dba KK Farm v. Horse Harbor Foundation, Inc.

Since the 1800s, lessors of real property in Washington

have been able to recover damages for the tort of waste. In this case, however, the

Court of Appeals interpreted our jurisprudence on the economic loss rule and

concluded that lessor Linda Eastwood was limited to contractual remedies for the

damage done to her horse farm by lessee Horse Harbor Foundat... More...
   $0 (11-04-2010 - WA)

Shirley Conger v. Eugene J. Barrett, M.D.

In this appeal, we consider whether the statute of limitations for wrongful death actions established by Code § 8.01-244(B) bars the reinstatement of an action dismissed under Code § 8.01-335(B).

I.

BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Paul Rae Conger died on March 7, 2001. His widow, Shirley Conger (“Conger”), qualified as his personal representative. On May 21, 20... More...
   $0 (11-04-2010 - VA)

Kazadi Big Musungayi v. Whirlpool Corporation

Kazadi Big Musungayi sued his former employer, Whirlpool Corporation, alleging a hostile work environment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. The district court granted Whirlpool’s motion for summary judgment, and exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Mr. Musungayi is an African-American native of the Democratic... More...
   $0 (11-04-2010 - OK)

Dean Longstreet v. Liberty Northwest Insurance Corporation

Plaintiff, while in the course and scope of his employment, was injured as a result of an accident with an underinsured motorist. Plaintiff obtained workers' compensation benefits from defendant, Liberty Northwest Insurance Corporation, his employer's workers' compensation insurer, and later accepted underinsured motorist (UIM) benefits from Nationwide Insurance Company of America, which insured t... More...   $0 (11-03-2010 - OR)

Velma Sue Bates v. Dura Automotive Systems, Inc.

Plaintiffs-appellees are seven former employees of Dura Automotive Systems who are challenging Dura’s drug testing policy under the Americans with Disabilities Act. In resolving the parties’ cross motions for summary judgment, the district court held that an individual need not be disabled to pursue a claim under section 12112(b)(6) of the Act. The district court certified this issue for inter... More...   $0 (11-03-2010 - TN)

Velma Sue Bates v. Dura Automotive Systems, Inc.

Plaintiffs-appellees are seven former employees of Dura Automotive Systems who are challenging Dura’s drug testing policy under the Americans with Disabilities Act. In resolving the parties’ cross motions for summary judgment, the district court held that an individual need not be disabled to pursue a claim under section 12112(b)(6) of the Act. The district court certified this issue for inter... More...   $0 (11-03-2010 - TN)

Francis J. Farina v. Nokia, Inc., et al.

Appellant Francis J. Farina brought this class action against various cell phone manufacturers and retailers of wireless handheld telephones. He appeals from the dismissal of his complaint on the ground that his claims are preempted by regulations promulgated by the Federal Communications Commission. We will affirm.

I.

Farina represents a putative class consisting of all past, curren... More...
   $0 (11-03-2010 - PA)

Surety Bail Bondsmen of Oklahoma, Inc. v. Insurance Commissioner of Oklahoma

¶1 The dispositive questions presented in this appeal are whether title 59, section 1320(B) of the 2001 Oklahoma Statutes2 limits a professional bondsman to writing bonds on no more than ten defendants a year in a county in which the professional bondsman is not registered, and, if so, whether a professional bondsman can circumvent this limitation by employing a surety bondsman to act on the prof... More...   $0 (11-02-2010 - OK)

Jerald Grossman v. Steve St. John

Jerald and Jilana Grossman (the Grossmans) appeal from the trial court's judgment denying their petition for injunctive relief and damages after their neighbors, Steve and Vicki St. John (the St. Johns) erected a fence on the Grossmans' property. We reverse the trial court's judgment. The Grossmans lived in their current home since 1988. In 1994, the Grossmans erected a six-foot privacy fence arou... More...   $0 (11-02-2010 - MO)

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