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Construction Law
 
Wiacek Farms, LLC v. City of Shelton

The defendant Mark A. Lauretti1 appeals from the judgment of the trial court denying his motion for summary judgment, which asserted that the doctrine of collateral estoppel barred the action brought by the plaintiff, Wiacek Farms, LLC. We affirm the judgment of the trial court.

The record, viewed in the light most favorable to the plaintiff; see Martinelli v. Fusi, 290 Conn. 347, 350, 963 ... More...
   $0 (11-11-2011 - CT)

Jermaine D. Deas v. Enrique C. Diaz

This appeal arises out of an action brought by the plaintiff, Jermaine D. Deas, to recover damages against Enrique C. Diaz, Valdermar Hernandez and the defendant Transportation General, Inc., doing business as Metro Taxi,1 in connection with an automobile accident.

See Deas v. Diaz, 121 Conn. App. 826, 828–29, 998 A.2d 200, cert. denied, 298 Conn. 905, 3 A.3d 69 (2010).2 The defendant app... More...
   $0 (11-11-2011 - CT)

Michael Dishmon v. Pasquale Fucci, M.D.

On December 28, 2006, Michael Dishmon filed suit against nursing home staff members, Pasquale Fucci, M.D. and Bernie Schneider, PA-C alleging that both defendants had committed medical negligence that resulted in his father’s death. Before trial, a Superior Court judge dismissed the suit, stating that the plaintiff’s Affidavit of Merit failed to comply with 18 Del. C. § 6853. The submitted af... More...   $0 (11-10-2011 - DE)

Joni Kepler-Fleenor v. Fremont County

Appellants in this case contend that the district court committed error when it determined that an unnamed road in their subdivision is public by common law dedication. Because the subdivision plat unambiguously dedicates the road, the district court’s ruling is affirmed.

II. FACTUAL AND PROCEDURAL BACKGROUND

Appellants are property owners in Division III of the Sawtelle Mountain S... More...
   $0 (11-10-2011 - OR)

M. Jay Carter v. Ernie Cline and Karen Cline

Appellant M. Jay Carter, a financial advisor at Clayton, Biltmore & Shouse, LLC, appeals the order of the Pulaski County Circuit Court awarding appellees Ernie and Karen Cline money damages for the breach of a contract to purchase real estate and attorneys’ fees and costs. Appellant raises four points for reversal. We reverse on the basis that the circuit court erred in denying Carter’s motion... More...   $0 (11-10-2011 - AR)

Andrew M. Faville v. Martin H. Burns, Jr.

¶ 1 Plaintiffs Andrew Faville and William Faville filed an amended complaint for declaratory
and injunctive relief against defendant Martin Burns in the circuit court, alleging plaintiffs
should be deemed descendants of Barbara Burns Faville for purposes of determining their
rights under the terms of a trust agreement. Plaintiffs also requested the circuit court remove
defendant a... More...
   $0 (11-10-2011 - IL)

In Re Marriage of Larry E. Weisman and Lauren Rautbord Weisman

¶ 1 Respondent, Lauren Weisman, appeals from a judgment for dissolution of marriage
entered by the circuit court of Cook County dissolving the marriage between her and
petitioner, Larry Weisman, and awarding the parties’ Chicago residence and investments in
a partnership to petitioner as his nonmarital property. On appeal, respondent contends that
the court erred by allocating t... More...
   $0 (11-10-2011 - IL)

Yolanda Asnderson v. Sean D. Anderson

¶ 1 Defendants Sean D. Anderson and Frank A. Fratto appeal a ruling of the circuit court of
Cook County granting a postjudgment motion for a new trial. Sean Anderson and Fratto
contend that the trial court’s ruling should be reversed because the jury’s verdicts were not
legally inconsistent or against the manifest weight of the evidence; thus the order granting
a new trial was... More...
   $0 (11-10-2011 - IL)

Mike Haligowski v. Mario Pantuso

California‟s Military and Veterans Code section 3941 prohibits employers from discriminating against members of the armed forces. In this case of first impression, we are asked to decide whether plaintiffs may hold supervisors personally liable for discrimination under section 394. We conclude that, like the California Fair Employment and Housing Act (the FEHA) (Gov. Code, § 12900 et seq.), ano... More...   $0 (11-10-2011 - CA)

Clarkson and Company v. Continental Resources, Inc.

[¶1.] Clarkson and Company (Clarkson) owned and leased land in Harding County, South Dakota, on which Continental Resources, Inc. (Continental) conducted oil and gas exploration activities. Continental agreed to pay Clarkson for use of and damage to Clarkson’s property. Clarkson sued Continental, seeking declaratory relief to clarify the terms of the payment agreement Continental and Clarkson m... More...   $0 (11-09-2011 - SD)

Brian P. Sopatyk v. Lemhi County

Brian Sopatyk petitions for judicial review of the Lemhi County Board of Commissioners’ decision to validate Anderson Creek Road, which runs the length of his property. He contends the road never became public and, if so, was abandoned. He also maintains that the validation was an unconstitutional taking, that it was error for the road easement to be validated at fifty-feet wide, that one of the... More...   $0 (11-09-2011 - ID)

Richard Siegert v. Crook County

2 The Crook County Court approved the location of a dog breeding kennel in
3 a zone where, under the current zoning code, such kennels are not permitted. The county
4 reasoned that, when the current zoning code was enacted in 1977, the kennel was already
5 in existence and lawful under the then-current code (1973), and such pre-existing lawful
6 uses could be subsequently "verified... More...
   $0 (11-09-2011 - OR)

Connie Newlin v. Donald Callender

Connie Newlin, a servient estate holder, appeals a district court ruling that dismissed her petition seeking damages and to enjoin Donald and Ramona Callender (the Callenders), the dominant estate holders, from directing water in their pond onto Newlin‘s property. She further requests that we vacate the district court‘s injunction granted to the Callenders which prevents Newlin from blocking t... More...   $0 (11-09-2011 - IA)

Clarkson and Company v. Continental Resources, Inc.

[¶1.] Clarkson and Company (Clarkson) owned and leased land in Harding County, South Dakota, on which Continental Resources, Inc. (Continental) conducted oil and gas exploration activities. Continental agreed to pay Clarkson for use of and damage to Clarkson’s property. Clarkson sued Continental, seeking declaratory relief to clarify the terms of the payment agreement Continental and Clarkson m... More...   $0 (11-09-2011 - SD)

Gary Eskew v. The Burlington Northern and Santa Fe Railway Company

¶ 1 The plaintiffs, Gary Eskew and Judy Henderson, as co-administrators of the estate of
Scott Eskew (Eskew), deceased, brought this action against the defendants, the Burlington
Northern and Santa Fe Railway Company (BNSF) and the Northeast Illinois Regional
Commuter Railroad Corporation d/b/a Metra (Metra), alleging that their negligence resulted
in the death of Eskew. The jury ... More...
   $0 (11-09-2011 - IL)

1212 Restaurant Group, LLC v. Demetri Alexander

¶ 1 Defendant-appellee Demetri Alexander filed a complaint with the Chicago Commission
on Human Relations (Commission) against plaintiffs-appellants Russell Scalise, Scott
Schwab and the 1212 Restaurant Group (1212), alleging harassment and wrongful
termination on the basis of, inter alia, perceived sexual orientation. Following a hearing on
these claims, the Commission found that... More...
   $0 (11-09-2011 - IL)

In re: the Marriage of Kenneth W. Mathis and Terri D. Mathis

¶ 1 In the dissolution-of-marriage proceedings of petitioner, Kenneth W. Mathis, and
respondent, Terri D. Mathis, the Champaign County circuit court certified the following question
for interlocutory review pursuant to Illinois Supreme Court Rule 308 (eff. Feb. 26, 2010):
"In a bifurcated dissolution proceeding, when a grounds judgment
has been entered, and when there is a lengthy... More...
   $0 (11-09-2011 - IL)

Cynthia Wasson v. Shelter Mutual Insurance Company

Shelter Mutual Insurance Company appeals a declaratory judgment in favor of its insureds, Cynthia and Kenneth Wasson. Shelter contends that the court erred in finding certain provisions of its insurance policy ambiguous and in ruling in the Wassons' favor on that basis. The judgment is reversed in part and affirmed in part.

Background

On May 14, 2008, Cynthia Wasson was seriously inj... More...
   $0 (11-08-2011 - MO)

Frank Connolly v. Maine Central Railroad Co.

[¶1] In this appeal, we consider whether use of an implied quasi-easement, historically used as a farm crossing, may be expanded to permit residential access and the installation of utility lines. This issue arises from a judgment of the Superior Court (Penobscot County, Studstrup, J.) that found that an implied quasi-easement exists over the land of Maine Central Railroad Company, but concluded ... More...   $0 (11-08-2011 - ME)

United States of America v. Bobby Lee Medford

Bobby Lee Medford, a former Sheriff of Buncombe County, North Carolina, was convicted in a jury trial of numerous conspiracy and other charges relating to his receipt of bribes in connection with the unlawful operation of video poker machines in Buncombe and other North Carolina counties. Medford raises several challenges to his convictions, including the district court’s refusal to sever his t... More...   $0 (11-07-2011 - )

Doe v. Bin Laden

09-4958-cv
Doe v. Bin Laden
1 UNITED STATES COURT OF APPEALS
2
3 FOR THE SECOND CIRCUIT
4
5
6
7 August Term, 2010
8
9 (Argued: October 15, 2010 Decided: November 7, 2011)
10
11 Docket No. 09-4958-cv
12
13
14
15 JOHN DOE, in his capacity as the executor of the estate of JANE DOE, in his personal capacity,
16 and as the personal rep... More...
   $0 (11-07-2011 - NY)

Deborah Santoro v. Glenn Santoro

The plaintiff, Deborah Santoro, appeals from the judgment of the trial court denying her motion for order, in which she requested that the court set off her payment obligations to the defendant, Glenn Santoro, due to his alleged improper business solicitation in violation of the court’s order. On appeal, the plaintiff claims that the court improperly denied her motion for order because the defen... More...   $0 (11-07-2011 - CT)

Christopher E. Johnson v. Connecticut Insurance Guaranty Association

The plaintiffs, Christopher E. Johnson, individually and in his capacity as administrator of the estate of Debra L. Johnson, his deceased wife, brought the present declaratory judgment action seeking, inter alia, a determination that certain medical malpractice claims that they had asserted in an action against the defendant Middlesex Obstetrics and Gynecology Associates, P.C. (Middlesex), were co... More...   $0 (11-07-2011 - CT)

Grindstone Construction, Inc. v. Keith Construction Company, LLC

Grindstone Construction, Inc. sued Keith Construction Company, LLC on a breach of contract theory.
Keith Construction accepted the bid of Grindstone Construction to perform the earthwork portion of the work involved in the creation of the John Hope Franklin Memorial Park in the Greenwood District. The parties executed a detailed written subcontract, and Grindstone Construction awaited instruc... More...
   $51141 (11-04-2011 - OK)

Keith Jones v. Cheryl Lockard

¶ 1 On April 20, 2004, respondent Cheryl Lockard filed a charge with the Illinois Department
of Human Rights (Department) of sexual harassment and retaliatory discharge against Keith
Jones and First Baptist Church, respectively (petitioners). Lockard’s charge alleged that
Jones sexually harassed her between August 2000 and April 7, 2004, by inter alia, making
sexually suggestive... More...
   $0 (11-04-2011 - IL)

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