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Construction Law
Hetty A. Viera v. Life Insurance Company of North America

This appeal arises out of the 2008 death of Frederick Viera (“Viera”) in a head-on motorcycle accident. At the time of his death, Viera was covered under an employer-provided accidental death and dismemberment policy (“Policy”), issued by Life Insurance Company of America (“LINA”), and subject to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1101 et seq. Vie... More...   $0 (06-10-2011 - PA)

The County of Dauphin v. City of Harrisburg

The County of Dauphin (County) and taxpayers of the City of Harrisburg (City), Joseph and Jacalyn Lahr, (collectively, County), appeal from an order of the Court of Common Pleas of Dauphin County that sustained preliminary objections of the City, the City's Mayor, Treasurer and Controller, and the City Council members (collectively, the City or City defendants) to the County's first amended compla... More...   $0 (06-10-2011 - PA)

Shane Perry v. Catholic Archdiocese-St. Louis

Shane Perry, William Goebel, Matthew McCormick, and Angela Ohl-Marsters (collectively, appellees) sued the Catholic Archdiocese of St. Louis (appellant). Appellees allege one of appellant’s priests, Rev. Robert Johnston, sexually abused them when they were children. As relevant here, two counts in each of appellees’ governing complaints assert Missouri common law claims against appellant for n... More...   $0 (06-10-2011 - MO)

Microsoft Corp. v. I4I Limited Partnership

Under §282 of the Patent Act of 1952, “[a] patent shall be presumed valid” and “[t]he burden of establishing in-validity of a patent or any claim thereof shall rest on the party asserting such invalidity.” 35 U. S. C. §282. We consider whether §282 requires an invalidity defense to beproved by clear and convincing evidence. We hold that it does.



Pursuant t... More...
   $290000000 (06-10-2011 - TX)

Delbert Williams v. Leone & Keeble, Inc.

A Washington resident injured on a construction job brought suit against the general contractor, a Washington corporation, in superior court in Washington State. But the injury took place in Idaho, and the worker received workers' compensation benefits from the Idaho State Insurance Fund. The trial court granted the general contractor's motion to dismiss, the Court of Appeals affirmed, and w... More...   $0 (06-09-2011 - WA)

City of Houston v. Gloria Esparza

The City of Houston files this interlocutory appeal from the trial court’s denial of its plea to the jurisdiction. Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008) (authorizing interlocutory appeal from denial of governmental unit’s plea to the jurisdiction). We hold that the election-of-remedies provision of the Tort Claims Act bars Gloria Esparza’s claims a... More...   $0 (06-09-2011 - TX)

Frederick Price v. City of Royal Oak

Plaintiffs Frederick and Stella Price1 appeal as of right the trial court’s order granting summary disposition in favor of defendant Pamar Enterprises, Inc. (Pamar) under MCR 2.116(C)(10). Specifically, plaintiffs argue that the trial court erred when it determined that they failed to identify a duty that was separate and distinct from Pamar’s duties under its contract to perform a sewer impro... More...   $0 (06-09-2011 - MI)

Charter Township of Ypsilanti v. David Kircher d/b/a Eastern Highlands

Robert Barnes (“Barnes.’). The award is the sum of expenses incurred in abating alleged public nuisances, other reasonably incurred expenses and attorney fees. On appeal, defendant argues that the trial court’s award was improper where it was not based on admissible evidence and was grossly excessive because it awarded fees for unnecessary expenses and permitted an improper markup. Defendant... More...   $0 (06-09-2011 - MI)

Robert P. Bennett v. Sage Payment Solutions, Inc.

In this appeal, the primary issue we consider is whether an employee’s repudiation of an employment agreement can be used by the employer as a defense against a breach of contract claim. We hold that a party’s repudiation of future obligations under a contract, even after performance has begun, may constitute a defense to a breach of contract claim. We also address issues concerning repudiatio... More...   $0 (06-09-2011 - VA)

Taco Bell of America, Inc. v. Commonwealth Transportation

In this appeal we consider whether, in a condemnation case, the trial court erred by striking evidence the landowner claims supported its position that certain items were fixtures, not personalty, and removing that issue from consideration by the jury.


On February 15, 2008, the Commonwealth Transportation Commissioner of Virginia (Commissioner) filed Certificate of Take No... More...
   $0 (06-09-2011 - VA)

Elizabeth Ann Davis Crews v. Gary M. Gordon d/b/a Gordon Taylor Custom Homes

Appellant Elizabeth Ann Davis Crews challenges the legal and factual sufficiency of the evidence to support the jury’s findings in favor of Appellee Gary M. Gordon d/b/a Gordon Taylor Custom Homes. We will affirm.

II. Factual and Procedural Background

Gordon has been a custom and speculative homebuilder for thirty years.[2] In June 1999, he contracted with Crews to bui... More...
   $0 (06-09-2011 - TX)

Joel Hochberg v. Thomas Carter Painting, Inc.

Joel and Marcia Hochberg (“the Hochbergs”) appeal four final summary judgment orders entered individually in favor of The Place for Tile, Inc. (“The Place for Tile”), Thomas Carter Painting, Inc. (“Thomas Carter Painting”), Karlsen Corp. d/b/a Window Professionals (“Window Professionals”), and General Caulking & Coatings, Co. (“General Caulking”) (collectively referred to as ... More...   $0 (06-08-2011 - FL)

Nancy K. Dehart v. Independent School District No. 1 of Tulsa County

¶1 Plaintiff/Appellant, Nancy DeHart, seeks review of the trial court's order granting the summary judgment motion of Defendant, Tulsa Public Schools, on Plaintiff's claims against Defendant for breach of contract, violation of the Teacher Due Process Act of 1990 and violation of Plaintiff's due process rights under the 5th and 14th Amendments of the United States Constitution.

¶2 Plainti... More...
   $0 (06-07-2011 - OK)

Michelle Lea McKiddy v. Warren Bernard Alarkon

¶1 Defendant/Appellant Warren Bernard Alarkon (Father) appeals the trial court's journal entry filed on September 8, 2009, granting in part and denying in part Plaintiff/Appellee Michelle Lea McKiddy's (Mother) application for attorney's fees.1 Based on our review of the facts and applicable law, we find the trial court did not abuse its discretion. We affirm.

   $0 (06-07-2011 - OK)

George Paul Glover v. Oklahoma Department of Transporation

¶1 Defendant/Appellant Oklahoma Department of Transportation (ODOT) seeks review of the trial court's order modifying the administrative debarment of Plaintiffs/Appellees George Paul Glover and Glover Construction Company, Inc. (respectively, Glover and GCC) from participation in state contracts. In this appeal, ODOT challenges the trial court's order as contrary to the evidence and affected by e... More...   $0 (06-07-2011 - OK)

Gerald W. Kolaski v. State of Oklahoma

¶1 Appellant, Gerard W. Kolaski (Kolaski), appeals the trial court's denial of his Motion for Expungement of his arrest record for the felony crime of Sexual Abuse of a Child.1 The trial court ruled that Kolaski was not eligible for an expungement because the criminal charges were not dismissed "on the merits."

¶2 The material facts are undisputed. Kolaski, a Lieutenant Colonel in the U.S... More...
   $0 (06-07-2011 - OK)

Louis E. Holmes v. Monica S. Holmes

Monica Holmes (Mother) appeals from the circuit court’s judgment dissolving her marriage to Louis Holmes (Father). Mother contends that the trial court erred in denying child support. We reverse and remand.


Mother and Father are the parents of Tiarrah (Daughter), born in July 1991. The parents married in August 1992. In September 2008, Mother obtained an order of protect... More...
   $0 (06-07-2011 - MO)

Lyle Browning v. Guideone Specialty Mutual Insurance Company

This is a declaratory judgment and vexatious refusal to pay action based on disputed insurance coverage for an accident that occurred when a motorcycle was run off the road by another vehicle. GuideOne Specialty Mutual Insurance Company (“GuideOne”), insured the motorcycle and appeals the judgment of the trial court, which after a bench trial found in favor of Lyle and Linda Browning (“Plain... More...   $0 (06-07-2011 - MO)

Fisher Sand and Gravel Company v. Neal A. Sweebe, Inc.

Gravel Company, appeals as of right from the trial court’s order granting defendant Neal A. Sweebe, Inc.’s motion for summary disposition pursuant to MCR 2.116(C)(7), based on the statute of limitations. We affirm.

Plaintiff provided concrete supplies to defendant from October 1991 through October 2004. Plaintiff periodically invoiced defendant for the goods, and defendant periodically ... More...
   $0 (06-07-2011 - MI)

Richard Oliver v. Michael G. Perry

Plaintiff Richard Oliver brought this action against individual defendants Michael Perry and Linda Perry, and corporate defendants Rivertown Construction Management, L.L.C., (“Rivertown”) and Space Place, Inc.(“Space Place”), alleging that defendants were liable for a default judgment in the amount of $768,257 that plaintiff previously obtained against M. G. Perry Construction Company (“... More...   $0 (06-07-2011 - MI)

Amy Ryan v. Gina Marie, L.L.C.

Plaintiff is a tenant in a multi-unit building in Hoboken that is owned by defendant Gina Marie, L.L.C. ("Gina Marie"). Plaintiff secured her apartment with the assistance of a Hoboken real estate broker and has resided there since October 1993. Her initial rent when she took up occupancy was $650 per month. There is no indication in the record that plaintiff received any increase in her rent unti... More...   $0 (06-07-2011 - NJ)

Margaret Groninger v. Village of Mamaroneck

Plaintiff commenced this personal injury action against the Village of Mamaroneck after she slipped and fell on ice in a parking lot owned and maintained by the Village. The Village moved for summary judgment dismissing the complaint, asserting that it had neither received prior written notice of the defect (see CPLR 9804; Village Law § 6-628) nor created the icy condition. Plaintiff opposed the ... More...   $0 (06-07-2011 - Ny)

Vick Allen Hubbard v. Kaiser-Francis Oil Company

1 This cause presents questions of first impression in Oklahoma law: (1) whether a judgment in favor of a defendant triggers the application of 12 O.S. Supp. 2002, � 1101.1(B);1 (2) whether a judgment that has been appealed and remanded negates a defendant's offer of judgment made prior to the appeal; (3) when is a judgment final for purposes of � 1101.1(B); and (4) must an offer of judgment b... More...   $0 (06-07-2011 - OK)

Richard Loweke v. Ann Arbor Ceiling & Partitiion Co., L.L.C.

Plaintiff, an employee of an electrical subcontractor, was injured at a construction site when several cement boards fell on him. The boards had been leaned against a wall by employees of defendant, a carpentry and drywall subcontractor, which, like plaintiff’s employer, had been hired by a general contractor to work on the construction project.

Plaintiff sued defendant for negligence and... More...
   $0 (06-06-2011 - MI)

Larry Lee Boiter v. South Carolina Department of Transportation and South Carolina Depart of Public Safety

Two issues are presented in this appeal: (1) whether the two-tier statutory cap in the South Carolina Tort Claims Act is constitutional, and (2) whether two separate governmental entities' negligent acts, which resulted in severe injuries to Larry Lee and Jeannie Boiter (collectively, the Boiters) constitute one or two occurrences under the Tort Claims Act. The circuit court found the statutor... More...   $0 (06-06-2011 - SC)

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