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Construction Law
 
Lee Weldon James v. Tyson Foods, Inc.

¶1 At the behest of Tyson and with the agreement of the poultry growers, we retained this cause to address two questions. The first is whether Tyson is entitled to a new trial under facts where questioning was limited to matters not covered by the jury questionnaire and the answers given in that document were incomplete, untruthful, and/or misleading. The second is a first impression issue: wheth... More...   $0 (03-06-2012 - OK)

Arnold Oil Properties, LLC v. Schlumberger Technology Corporation

This is a dispute concerning cementing services provided on an oil well. Plaintiff Arnold Oil Properties, LLC, (“Arnold”) hired Defendant Schlumberger Technology Corp. (“Schlumberger”) to perform a specialized cement job on its deep-zone gas well. After Schlumberger poured too much cement into the well, Arnold sued for breach of contract and negligence. The district court concluded as a ma... More...   $0 (03-06-2012 - OK)

Jacobson v. Met. Prop. & Cas. Ins. Co.

Plaintiff-appellant challenges defendant-appellee’s denial of coverage under the terms of an insurance policy provided under the National Flood Insurance Program, a program created by Congress that subsidizes flood insurance for individuals and businesses in areas of high flood risk. Plaintiff argues that defendant’s denial of coverage excused compliance with the terms of the policy. Because ... More...   $0 (03-06-2012 - NY)

Global Bearnings, Inc. v. Steel Service Building Company

Global Bearnings, Inc. sued Steel Service Building Company and Moorehead Construction, LLC on general negligence theories. ... More...   $1 (03-05-2012 - OK)

Gerald T. Dixon, Jr., L.L.C. v. Hassell & Folkes, P.C.

In this appeal, we consider whether an agreement was in writing for the purposes of the statute of limitations set forth in Code § 8.01-246.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

In March 2003, Gerald T. Dixon, Jr., L.L.C. (“Dixon”) retained Hassell & Folkes, P.C. (“Hassell”) to survey and mark the boundary lines of a parcel Dixon owned in the City of Chesapeake. Afte... More...
   $0 (03-02-2012 - VA)

Kevin Christy v. Mercury Casualty Company

In this appeal, we consider whether the circuit court correctly determined that an exclusion in an automobile insurance policy regarding coverage for medical expenses barred the policyholder from receiving any payment for medical expenses because a portion of those expenses had been paid by workers' compensation benefits.

BACKGROUND

On November 23, 2005, Kevin Christy, a police offic... More...
   $0 (03-02-2012 - Va)

Cafe Moda, LLC v. Donny Palma

In this appeal, we consider whether NRS 41.141, Nevada’s comparative-negligence statute, permits liability to be apportioned between a negligent tortfeasor and an intentional tortfeasor. Concluding that NRS 41.141 is ambiguous in this regard, we construe the statute as permitting such an apportionment in order to give effect to the Legislature’s intent. Having done so, we determine that the ne... More...   $0 (03-01-2012 - NV)

Scott J. Webb v. Harry H. Shull

This is an appeal and cross-appeal from a district court judgment awarding appellant homebuyer treble damages against respondent seller, a limited liability company, but refusing to find that the individual respondent, a former manager of the limited liability company, is liable for the judgment as the company’s alter ego.

We first consider the seller’s cross-appeal, in which we ... More...
   $0 (03-01-2012 - NV)

Darrell Thomas v. Flintco Companies, Inc.

Darrell Thomas sued Flintco Companies, Inc. and Dean West Construction, Inc. on negligence theories.... More...   $0 (03-01-2012 - OK)

D.C. v. Oakdale Joint Unified School District

In California, a public entity is not liable for damages unless a statute provides for it. (Gov. Code, § 815, subd. (a).)1 Public entity tort liability is statutory. (Peterson v. San Francisco Community College Dist. (1984) 36 Cal.3d 799, 809.) Under the California Government Claims Act (§ 810 et seq.), with some exceptions, a suit for damages may not be brought against a public entity unless a ... More...   $0 (03-01-2012 - CA)

Town of Flower Mound, Texas v. Rembert Enterprises, Inc.

After considering Appellants‘ motion for rehearing, we deny the motion but withdraw our prior opinion and judgment of December 8, 2011, and substitute the following.

In this interlocutory appeal, Appellants Town of Flower Mound, Texas; Harlan Jefferson, Town Manager; and Charles Springer, Assistant Town Manager/Chief Financial Officer (collectively, Appellants) challenge the trial court... More...
   $0 (03-01-2012 - TX)

Ferguson Fire and Fabrication, Inc. v. Preferred Fire Protection, LLC

On appeal, Ferguson Fire and Fabrication, Inc. (Ferguson Fire) argues the circuit court erred in holding Immedion, LLC (Immedion) was not liable on the materialman's lien when Immedion paid its general contractor in full after receiving notice from Ferguson Fire. Ferguson Fire also contends the circuit court erred in holding its notice to Immedion was ineffective under South Carolina law. In add... More...   $0 (02-29-2012 - SC)

Deandrae Barber, Sr. v. Corey Green

2 This case is about attorney fees in an action brought to enforce the terms of
3 an insurance settlement agreement on a personal injury claim. The case turns on whether
4 plaintiff or defendant Allstate Property and Casualty Insurance Company (Allstate), or
5 both, were the prevailing party. We conclude that plaintiff is the prevailing party, that
6 she was entitled to attorney fe... More...
   $0 (02-29-2012 - OR)

Thomas Mundy v. Laura D. Lenc

Thomas Mundy (Mundy) and attorney Morse Mehrban (Mehrban) appeal from the denial of Mundy‘s special motion to strike pursuant to Code of Civil Procedure section 425.161 and from the award of attorney fees to respondent Laura D. Lenc (Lenc). In the published portion of this opinion, we affirm the order denying the special motion to strike as it pertains to Lenc‘s cause of action for breach of t... More...   $0 (02-29-2012 - CA)

City of Lake Forest v. Evergreen Holistic Collective

The trial court granted the City of Lake Forest‟s (the City‟s) request in this nuisance abatement proceeding for a preliminary injunction shutting down Evergreen Holistic Collective‟s (Evergreen‟s) medical marijuana dispensary based on a citywide ban against dispensaries. The trial court determined the City‟s decision not to recognize dispensaries as a permitted property use, and to proh... More...   $0 (02-29-2012 - CA)

Michael McDaniel v. The Town of Double Oak

The primary issue we address in this appeal is whether the trial court erred by determining that it did not possess jurisdiction over three claims asserted by Appellant Michael McDaniel against the Town of Double Oak (the Town). Because we hold that the trial court possesses jurisdiction over McDaniel‘s claims, we reverse the trial court‘s order dismissing McDaniel‘s claims for want of juris... More...   $0 (02-29-2012 - TX)

Richard O. Wolfe, II v. Culpepper Constructors, Inc.

This appeal and cross-appeal arise from a contract dispute following the construction of a large addition to and remodeling of a historic residence owned by appellants/cross-appellees, Richard O. Wolfe, II, and his wife, H. Michelle Wolfe. The appellee/cross-appellant, Culpepper Constructors, Inc. (Culpepper), was the general contractor on the project. We affirm in part and reverse in part. We rev... More...   $0 (02-29-2012 - FL)

Michael Salling v. Budget Rent-A-Car Systems, Inc.

Michael Salling rented a car from Budget Rent-A-Car at the airport in Cleveland, Ohio. He drove the car sixty-four miles in one day, refilled the fuel tank, and returned the car to the same Budget location from which he rented the car. In addition to rental and other fees that he does not dispute, he was charged a $13.99 fuel service fee that he disputes.

Salling sued in federal district co... More...
   $0 (02-29-2012 - OH)

Timothy Wayne Holloway v. Pagan River Dockside Seafood, Inc.

Timothy Holloway commenced this action under the Jones Act, 46 U.S.C. § 30104 (formerly codified at 46 U.S.C. app. § 688(a) (2006)), (recodified at 46 U.S.C. § 30104), against Pagan River Dockside Seafood, Inc. and its chief operating officer, Joseph Melzer, alleging in his complaint that he was a seaman in the employ of Pagan River and Melzer and that he had been injured in the course of his ... More...   $0 (02-27-2012 - VA)

Calvin Gray Mills, Jr. et al. v. Fulmarque, Inc.

Because this case was dismissed on a motion for summary judgment, only a statement of the relevant procedural history is necessary to our determination of the issues presented.

Facts and Procedural History

On April 24, 2002, Calvin J. Mills, Jr., fell from the chair in which he was sitting while making a business call at the Allen Stone Box Company in Halls, Tennessee. On December 20... More...
   $0 (02-24-2012 - TN)

David Okasaki v. City of Elk Grove

Appellants David and Cathryn Okasaki petitioned for a writ of administrative mandamus against the City of Elk Grove, the Elk Grove City Council (collectively the City), and real parties in interest Chisorum and Emmanuel Okwuosa. The writ petition challenged a variance issued by the City of Elk Grove allowing the Okwuosas to build a pool and spa within a setback bordering the Okasakis’ property. ... More...   $0 (02-24-2012 - CA)

Daniel L. Balsam v. Trancos, Inc.

Defendant Trancos, Inc. (Trancos) appeals from a judgment awarding statutory damages and attorney fees to plaintiff Daniel Balsam under Business and Professions Code1 section 17529 et seq. (Anti-spam Law). Balsam cross-appeals from portions of the judgment denying him relief under the Consumers Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), and finding Trancos‘s chief executive offi... More...   $0 (02-24-2012 - CA)

Glen Oaks Estates Homeowners Association v. Re/Max Premier Properties, Inc.

Appellant Glen Oaks Homeowners Association (the HOA) appeals from judgments entered against it after the trial court sustained demurrers to its first amended complaint (FAC). Respondents are two groups of realtors: (1) Loeffler and Bathke Properties Realtors, Inc., doing business as Re/Max Premier Properties, Inc., Priscilla Siew-Lin Yim, and Margaret M. Huang; and (2) DG Real Estate, Inc. (errone... More...   $0 (02-23-2012 - CA)

Adetokunbo Shoyoye v. County of Los Angeles

Defendant, the County of Los Angeles (County), appeals from a judgment after jury verdict in favor of plaintiff Adetokunbo Shoyoye arising out of Shoyoye‟s wrongful detention in County jail. The County acknowledges that although its initial detention of Shoyoye was justified, it over-detained him by about 16 days as a result of unintentional clerical error. The County contends on appeal that the... More...   $0 (02-23-2012 - CA)

Crown Ranch Development, Ltd. v. David Cromwell

Appellee David Cromwell sued appellants Crown Ranch Development, Ltd. (“Crown Ranch”) and Affiliated Crown Developments, Ltd. (“Affiliated Crown”) and other defendants for breach of contract, quantum meruit, estoppel, breach of fiduciary duty, and tortious interference with contract in connection with an agreement regarding compensation and buyout for a real estate development project. Aff... More...   $0 (02-23-2012 - TX)

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