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Construction Law
Evelyn Hawk v. City of Pittsburgh Board of Adjustment

Evelyn Hawk appeals an order of the Court of Common Pleas of Allegheny County (trial court) denying her a variance from the setback requirements that became necessary after she renovated two, multi-unit residential buildings. In doing so, the trial court affirmed the decision of the Zoning Board of Adjustment of the City of Pittsburgh. We affirm. At issue is a parcel of property owned by Evelyn Ha... More...   $0 (01-05-2012 - PA)

Margaret P. Donovan v. Okaloosa County, Florida

In this case we consider an appeal from a final circuit court judgment validating revenue bonds proposed to be issued by Okaloosa County to finance a beach restoration project. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. For the reasons discussed below, we affirm.


Okaloosa County (County) developed a plan for beach restoration and renourishment in part of ... More...
   $0 (01-05-2012 - FL)

Melissa Wisdom v. Accentcare, Inc.

In this case we decide that a clause in an application for employment with AccentCare, Inc. (AccentCare), requiring only the applicant agree that, if hired, all disputes that cannot be resolved informally will be submitted to binding arbitration is both procedurally and substantively unenforceable as unconscionable.

A court can refuse to enforce an unconscionable provision in a contract. (C... More...
   $0 (01-05-2012 - TX)

Joseph A. Sorge v. Maryanne K. Sorge

Joseph A. Sorge appeals after the trial court modified the child support awarded to his ex-wife, Maryanne K. Sorge, and awarded Maryanne1 sanctions and attorney fees, both related to the costs of the underlying litigation, as well as pendente lite attorney fees for defending against Joseph's appeal.

On appeal, Joseph first contends that the trial court erred in calculating the child support... More...
   $0 (01-05-2012 - CA)

GEICO General Insurance Company v. Austin Power, Inc.

Appellant GEICO General Insurance Company challenges the trial court’s summary judgment in favor of Austin Power on a breach of contract claim relating to an insurer’s duty to defend. Because we find that the pleadings in the underlying lawsuit allege claims that potentially fall within coverage under the insurance policy, we affirm the judgment of the trial court.

   $0 (01-05-2012 - TX)

Arcadio D. Rodriguez v. Mark T. Womack

In this legal-malpractice case, we hold that for the purposes of res judicata, a judgment does not have preclusive effect if the court rendering it lacked jurisdiction over the amount in controversy.

Mark T. Womack won summary judgment against Arcadio D. Rodriguez on res judicata grounds in district court after a small claims court dismissed Rodriguez’s claims with prejudice. Rodriguez ar... More...
   $0 (01-05-2012 - TX)

Jseph and Jamie Schwartzott v. Marvilla Owners Association, Inc.

In this case, condominium owners challenge a summary judgment in favor of a condominium owners’ association in a suit to collect allegedly past-due assessments as well as attorney’s fees and costs. We conclude that the trial court erred in awarding the association certain fees and costs. Accordingly, we modify the trial court’s judgment to delete these fees and costs and affirm the judgment ... More...   $0 (01-05-2012 - TX)

Judy Lynne Burchard v. Mark Daivd Burchard

Judy Lynne Burchard appeals a summary judgment granted in favor of Mark David Burchard, Denise Renee Burchard Sandifer, and Curtis R. Burchard, in his capacity as independent executor of the estate of Joseph David Burchard. Joseph David Burchard, Judy’s[1] husband, died in 2005 and left a will naming Curtis Randall Burchard as executor. Curtis filed a petition for declaratory judgment asking t... More...   $0 (01-05-2012 - TX)

Lisa Weatherby v. Federal Express

Plaintiff Lisa Weatherby appeals the grant of summary judgment to Defendant Federal Express in her suit alleging racial and gender discrimination, hostile work environment, and retaliation, in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e- 5(g); and age discrimination, in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. For the reasons th... More...   $0 (01-05-2012 - TN)

James Mullins v. Dallas Independent School District

This case involves a claim brought under the Texas Whistleblower Act. The trial court granted the Dallas Independent School District's plea to the jurisdiction and dismissed James Mullins's claim. In a single issue, Mullins contends the trial court erred in granting the plea because he presented sufficient evidence to raise a question of fact about the trial court's jurisdiction over his claim. We... More...   $0 (01-05-2012 - TX)

Antonio Labrado, Jr. d/b/a Sunset Enterprises v. The University of Texas at El Paso

In this accelerated appeal from an order granting a plea to the jurisdiction, Antonio Labrado, Jr. d/b/a Sunset Enterprises (collectively Sunset) asserts that The University of Texas at El Paso (UTEP), a governmental entity, waived its sovereign immunity from suit. Sunset asserts that UTEP waived its immunity expressly through contract language or by its conduct by accepting the benefits of the co... More...   $0 (01-05-2012 - TX)

Gerardo Deleon v. Thos. S. Byrne, Ltd.

Appellant Gerardo DeLeon’s foot was crushed when a forty-thousand-pound aerial boom lift ran over it while he was working on Montgomery Plaza in Fort Worth. DeLeon brought a personal injury suit against the general contractor on the project, Appellee Thos. S. Byrne, Ltd., f/k/a Thos. S. Byrne, Inc., and against Appellee Unique Staff Leasing I, Ltd. d/b/a Unique Staffing.[2] The trial court gra... More...   $0 (01-05-2012 - TX)

The Weitz Company v. MacKenzie House

The Weitz Company, LLC sued MacKenzie House, LLC and MH Metropolitan, LLC for breach of a construction contract. Arrowhead Contracting, Inc. and Concorde Co., Inc. are third-party defendants. MH Metropolitan counterclaimed for breach of the same contract, seeking liquidated damages and the cost to complete the project. Arrowhead also counterclaimed. The jury returned a verdict of $4,991,970.87 for... More...   $0 (01-05-2012 - MO)

Joe Smith v. David H. Arrington Oil & Gas

In this consolidated appeal, three sets of landowners assert claims against Arrington Oil & Gas, Inc. for breach of contract, promissory estoppel, and unjust enrichment relating to Arrington’s failure to pay cash bonuses under oil and gas leases. The district court granted summary judgment 1 to the landowners on the breach of contract claims and thereafter dismissed the landowners’ other claim... More...   $0 (01-05-2012 - AR)

United States of America v. Keenan Anthony Lamirand

Defendant-Appellant Keenan Anthony Lamirand pleaded guilty to one count of possession of marijuana with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and was sentenced to a term of imprisonment of twenty-four months, followed by five years of supervised release. After he served his sentence, he violated the terms of his supervised release, and, in 2010, the district court revok... More...   $0 (01-05-2012 - OK)

Fadia Daneri v. BCRE Brickell, LLC

Appellants/plaintiffs Fadia Daneri, Paola Dickinson, Paola Daneri, Consuelo Dickinson, and Jaime Dickinson (collectively, “Daneri”) appeal the trial court’s Final Summary Judgment in favor of appellee BCRE Brickell, LLC with regard to count III.1 We reverse because there are issues of fact that affect whether BCRE adhered to section 718.202, Florida Statutes (2008). The record suggests BCRE ... More...   $0 (01-04-2012 - FL)

Pedro Covarrubias v. Diamond Shamrock Refining Company, L.P.

Appellant Pedro Covarrubias was injured while working in appellee’s, Diamond Shamrock Refining Company, LP (“Diamond Shamrock”), refinery.1 Covarrubias sued Diamond Shamrock for damages arising from these injuries. The trial court granted Diamond Shamrock’s traditional and no evidence motions for summary judgment. On appeal, Covarrubias contends the trial court erred by granting Diamond Sh... More...   $0 (01-04-2012 - TX)

54 Trucking Company, LLC v. Gosnell Construction, LLC

Clinton, OK - 54 Trucking Company, LLC sued Gosnell Construction, LLC on a breach of contract theory.

01/03/2012 FILE & ENTER PETITION - FIL & SCANNED $163.00
10% OF CAS... More...
   $0 (01-03-2012 - OK)

Byron Glenn, M.D. v. Healthlink HMO, Inc.

Dr. Byron Glenn (Glenn) appeals from the trial court’s order granting summary judgment for HealthLink HMO and HealthLink PPO (collectively “HealthLink”). Glenn brought separate claims for breach of contract alleging HealthLink breached the HMO Agreement and PPO Agreement it had with Glenn. The petition avers various breaches of these agreements. The trial court concluded that no genuine issu... More...   $0 (01-03-2012 - MO)

Phillip D. Grimsley, Sr. v. South Carolina Law Enforcement Division and the State of South Carolina

This is an appeal from the trial court's order granting the State's motion to dismiss. We reverse and remand.

Appellants are rehired employees of the South Carolina Law Enforcement Division (SLED). Appellants' claims arise from the contention that SLED has imposed a requirement in a statutorily authorized retirement program that is contrary to law. The trial court dismissed the complaint... More...
   $0 (01-03-2012 - SC)

Scott David v. David Hett

This dispute questions whether the economic loss doctrine, which began as a prohibition against certain product liability actions, extends to tort claims brought by homeowners against residential service contractors for poor workmanship. The district court and Court of Appeals applied the doctrine and dismissed the homeowners' negligence theories. But we hold the doctrine should not apply. Our exi... More...   $0 (12-30-2011 - KS)

Quail Lake Estates Homeowners Association v. City of Mustang

Quail Lake Estates Homeowners Association sued the City of Mustang and Huntington Acres, LLC on breach of contract theories claiming that the City of Mustang breached an agreement for modify a impoundment lake that was inadequate to impound the amount of drainage routed into it from the surrounding area as it developed. Plaintiff claimed that because the Quail Lake dam and drainage channels were n... More...   $0 (12-30-2011 - OK)

Pensacola Christian College v. Joy Anne Bruhn

The appellants, Pensacola Christian College (PCC) and Robert Maddox, appeal a non-final order in favor of the appellee, Joyanne Bruhn, upon a finding that PCC and Maddox were not entitled to worker’s compensation immunity as a matter of law. Because the trial court erred in determining that PCC was not Bruhn’s employer and that her injury was not sustained in the course and scope of employment... More...   $0 (12-30-2011 - FL)

Oyens Feed & Supply, Inc. v. Primebank

We are asked to interpret an Iowa statute enacted in the depths of the 1980s farm crisis to help debt-laden farmers buy livestock feed on credit to continue operations. Our answer is sought to resolve a dispute between two creditors in a bankruptcy proceeding with competing liens on the same hogs. A hog producer with outstanding loans to Primebank went deeper into debt by purchasing feed on credit... More...   $0 (12-30-2011 - IA)

Bruce R. Field v. Board of Water Commissioners, City and County of Denver

Bruce R. Field initiated this wrongful termination action against his former employer, the Board of Water Commissioners for the City and County of Denver (“Denver Water”). Mr. Field advanced three retaliation claims under 42 U.S.C. § 1983, 42 U.S.C. § 1981, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., respectively, but the district court granted summary judgment... More...   $0 (12-30-2011 - CO)

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