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Construction Law
Bernice Hudspeth v. Toyota Motor Credit Corporation

This case involves a dispute over a credit disability insurance policy underwritten by defendant/appellee Enterprise Life Insurance Company that plaintiff/appellant Bernice Hudspeth purchased when she bought a new car from defendant Sterling McCall Chevrolet-Toyota, Inc. The vehicle and insurance were financed through defendant Toyota Motor Credit Corporation.

We reverse and remand in par... More...
   $0 (12-01-2011 - TX)

County of Boise v. Idaho Counties Rick Management Program

This is an insurance coverage dispute between the County of Boise (the County) and its insurer, Idaho Counties Risk Management Program (ICRMP). ICRMP refused to defend the County in Fair Housing Act (FHA) litigation in federal court, which the County claimed breached its insurance agreement. The district court determined the FHA claims against the County were excluded from the policy and granted s... More...   $0 (11-30-2011 - ID)

Cox v. City of Tulsa


This answer brief is jointly filed by the City of Tulsa, Kathy Taylor, the Tulsa Stadium
Trust and the intervening property owners (collectively, when appropriate, the "appellees"). For
the reasons addressed below, this Court should reject the appeal in its entirety.


Downtown Tulsa is a clearly delin... More...
   $0 (11-30-2011 - OK)

Edan Enterprises, Inc. dba Hawkins Bros. Construction Co. v. Victor Bazan and Holly Bazan

Edan Enterprises, Inc. dba Hawkins Bros. Construction Co. sued Victor Bazan and Holly Bazan on breach of contract theories.... More...   $1 (11-30-2011 - OK)

Yorktown Investments, LLC v. Sherwood Construction Co., Inc.

Yorktown Investments, LLC sued Sherwood Construction Co., Inc. on a general negligence theory.... More...   $1 (11-30-2011 - OK)

Ross County Water Company v. City of Chillicothe

This appeal involves a dispute between the Ross County Water Company (RCWC) and the City of Chillicothe. Chillicothe appeals the Southern District of Ohio’s Order granting RCWC’s motion for summary judgment and denying Chillicothe’s cross-motion for summary judgment. Chillicothe contends the district court erred in holding that (1) RCWC is entitled to protection under 7 U.S.C. § 1926(b), (2... More...   $0 (11-30-2011 - PA)

The Yavapai-Apache Nation v. Iipay Nation of Santa Ysabel

Plaintiff and appellant the Yavapai-Apache Nation (YAN) appeals from the trial court's order granting the motion to quash service of summons filed by defendant and respondent Iipay Nation of Santa Ysabel (previously known as the Santa Ysabel Band of Diegueno Indians; "Nation"). YAN's breach of contract action arose from alleged breaches by Nation of obligations contained in several related documen... More...   $0 (11-29-2011 - CA)

Erik E. Lang v. Warren W. Roche

Do principles of equity and fairness permit the redemption of property purchased by a judgment creditor at an invalid execution sale, though the statutory scheme characterizes execution sales as “absolute”? The answer is yes. Equitable redemption is available to those whose fundamental rights have been trampled. Citizens may not be dispossessed of their property by a “creditor” executing o... More...   $0 (11-29-2011 - CA)

Penford Corporation v. Natl. Union Fire Insurance Co.

A severe flood struck Cedar Rapids, Iowa, in 2008, damaging many of its businesses, including a manufacturing facility owned and operated by Penford Corporation (Penford). Penford submitted claims to its insurers, National Union Fire Insurance Company (National Union) and ACE American Insurance Company (ACE) (collectively, insurers), and a coverage dispute ensued. The insurers asserted that certai... More...   $0 (11-29-2011 - IA)

Tamos Biro v. Victor H. Matz

This appeal originates from a contract for the purchase of commercial real estate in Danbury that was deeded to the buyers. The buyers appeal from the trial court’s judgment granting the sellers’ motion for summary judgment. On appeal, the buyers claim the court erred in finding there was no material question of fact with respect to their claims of breach of contract, negligent misrepresentati... More...   $0 (11-27-2011 - CT)

Laura Loso v. Raymond Loso

The defendant, Raymond Loso, appeals from the trial court’s ruling on the postjudgment motion for contempt filed by the plaintiff, Laura Loso. On appeal, the defendant claims that the court improperly interpreted a clause in the parties’ modified separation agreement. We conclude that the trial court’s interpretation of that agreement was proper and, therefore, affirm the judgment of the cou... More...   $0 (11-27-2011 - CT)

Cambridge Mutual Fire Insurance Company v. John A. Sakon

The defendant John A. Sakon1 appeals from the summary judgment rendered by the trial court in favor of the plaintiff, Cambridge Mutual Fire Insurance Company. On appeal, the defendant argues that the court erroneously determined that the plaintiff owed no duty to defend or to indemnify the defendant by concluding that (1) the business exclusion of the homeowner’s insurance policy issued by the p... More...   $0 (11-27-2011 - CT)

Norfolk Southern Railway Company v. James W. Higginbotham

This case is before the Court upon the appeal of the defendants below Norfolk Southern Railway Company, Norfolk Southern Corporation, James D. Farley, and Charles Paxton (hereinafter “petitioners”). In this malicious prosecution case, the petitioners appeal from the March 24, 2010, final order of the Circuit Court of Mason County, in which the circuit court denied their post-trial motions for ... More...   $0 (11-23-2011 - WV)

KJB Village Property, LLC v. Craig M. Dorne

KJB Village Property, LLC, and Siam Bagel, Inc. (collectively “Appellants”), appeal from an Order Granting Motion for Entry of Final Judgment and Final Judgment in Favor of Defendants Craig M. Dorne P.A. and Craig M. Dorne, Esq. (collectively “Dorne”). For the following reasons, we affirm.


Jerome Berman (“Berman”) purchased Siam Bagel... More...
   $0 (11-23-2011 - FL)

Ivonne Grisolia v. Eric and Carla Pfeffer

Favio Grisolia Sanchez (“Decedent”) moved his family to the United States in 2005 following a kidnapping attempt on his son, Fabrizzio Grisolia (“Son”), the previous year. Although he was attending school in Venezuela at the time of the attempted kidnapping, the Son was a United States citizen with an American passport.1 After arriving in the United States, the Decedent, along with the Son... More...   $0 (11-23-2011 - FL)

Gayle Shotts v. OP Winter Haven, Inc.

Gayle Shotts, personal representative of the estate of Edward Henry Clark, seeks review of the decision of the Second District Court of Appeal in Shotts v. OP Winter Haven, Inc., 988 So. 2d 639 (Fla. 2d DCA 2008), on the grounds that it expressly and directly conflicts with a decision of another Florida district court of appeal on a question of law. We have jurisdiction. See art. V, § (b)(3), Fla... More...   $0 (11-23-2011 - FL)

Marshalls, Inc. v. Genevieve W. Huffman

Marshalls, Inc., and its insurer, American Casualty Company of Reading, PA, (hereinafter collectively employer), appeal from a decision of the Workers’ Compensation Commission (the commission) awarding benefits to Genevieve Huffman (claimant) for a knee injury. On appeal, employer contends claimant filed her claim after the statutory time limit had elapsed. For the reasons that follow, we affirm... More...   $0 (11-22-2011 - VA)

Susan Bizier v. Town of Turner

[¶1] Susan Bizier and Philip Bizier appeal from the Superior Court’s (Androscoggin County, Clifford, J.) affirmance pursuant to M.R. Civ. P. 80B (2011) of the Town of Turner Planning Board’s decision to grant Hannaford Bros. Co.’s application for a site plan review permit to construct a grocery store and drive-through pharmacy. The Biziers argue the Board erred in concluding that Hannaford... More...   $0 (11-22-2011 - ME)

Linear Technology Corp. v. Tokyo Electron, Ltd.

After a jury trial, appellant Linear Technology Corporation (Linear) lost its suit for breach of statutory warranty against respondents Novellus Systems, Inc. (Novellus) and Tokyo Electron Ltd (TEL). Linear's motion for judgment notwithstanding the verdict was unsuccessful, and the trial court awarded respondents attorney fees. Linear appeals from both the judgment and the postjudgment order, cont... More...   $0 (11-22-2011 - CA)

Greater Yellowston Coalition, Inc. v. Christopher Servheen, U.S. Fish and Wildlife Service Grizzly Bear Recovery Coordinator

This case involves one of the American West’s most iconic wild animals in one of its most iconic landscapes. The grizzly bear (Ursus arctos horribilis)—so named for the gray-tipped hairs that give it a “grizzled” appearance—is both revered and feared as a symbol of wildness, independence, and massive strength. But while grizzlies may inspire some sense of human vulnerability, history has... More...   $0 (11-22-2011 - MT)

Katherine M. Winters v. Kansas Department of Social and Rehabilitation Services

Katherine M. Winters filed this federal lawsuit under 42 U.S.C. § 1983, alleging violations of an asserted right to the care and custody of her biological grandchildren. She named as defendants the State of Kansas, the Kansas Department of Social and Rehabilitation Services, social workers and their supervisors, the state court judge who ruled on the Child in Need of Care (CINC) matter relating t... More...   $0 (11-22-2011 - KS)

State of Minnesota v. Donald Carroll Hansen

Minn. Stat. § 97B.328 (2010), which prohibits a hunter from using bait to hunt deer, does not prohibit a vegetable farmer, who has a normal and accepted agricultural practice of transporting discarded vegetables to a fallow field for use as fertilizer, from hunting within range of the discarded vegetables.

Appellant was convicted of petty misdemeanor deer baiting under Minn. Stat. § 97B.3... More...
   $0 (11-22-2011 - MN)

Kennedy Development Company, Inc. v. Camp

We granted certiorari to examine whether the “anti-indemnity” statute found at OCGA § 13-8-2 (b) applies to invalidate an indemnification clause within an assignment and assumption agreement transferring responsibility for the management and operation of a newly developed subdivision to its homeowners’ association. See Newton’s Crest Homeowners’ Ass’n v. Camp, 306 Ga. App. 207 (702 SE... More...   $0 (11-21-2011 - GA)

Alexander Michau v. Georgetown County

Appellant, Alexander Michau (Employee), appeals a ruling by the Appellate Panel of the South Carolina Workers' Compensation Commission (Commission) denying Employee's claim for repetitive trauma injuries to his shoulders. Specifically, Employee challenges the Commission's interpretation and application of section 42-1-172 of the South Carolina Code. Because the Commission erred in admitting a me... More...   $0 (11-21-2011 - SC)

Raul Salazar v. Novalex Contracting Corp.

Plaintiff Raul Salazar was injured in May 2004, while working in the basement of a Brooklyn building undergoing renovations. The property was owned by 96 Rockaway, LLC.

Salazar was employed by T-Construction Co., Inc.; the general contractor was Novalex Contracting Corp. The accident occurred in the largest room of the basement, which had a trench system, for piping. Salazar and the other w... More...
   $0 (11-21-2011 - NY)

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