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Construction Law
 
City of Auburn v. Dustin B. Gauntt

An Auburn city police officer arrested Dustin Gauntt for
possessing marijuana and using drug paraphernalia. An Auburn city prosecutor
brought charges against Gauntt in Auburn Municipal Court under state law. Gauntt
contends that the city did not have the authority to prosecute him for violating
statutes the city had not adopted. We agree, affirm the Court of Appeals and the ... More...
   $0 (04-19-2012 - WA)

Business Services of America II, Inc. v. WaferTech, LLC

Business Services of America II, Inc. (BSA) sued
WaferTech LLC. After the trial court dismissed BSA's claims, BSA appealed. In
March 2004, the Court of Appeals affirmed dismissal of all but one claim, which it
remanded for trial. After remand, the case lay mostly dormant until June 2009,
when BSA noted the case for trial. WaferTech then moved for dismissal. The trial
... More...
   $0 (04-19-2012 - WA)

Corey McMillan v. Live Nation Entertainment, Inc.

This case involves a question of Arkansas law certified to this court by the United States District Court for the Eastern District of Arkansas in accordance with our Supreme Court Rule 6-8 (2011), and accepted by this court on July 27, 2011. See McMillan v. Live Nation Entertainment, Inc., 2011 Ark. 302 (per curiam). The certified question is as follows: Whether Arkansas Code Annotated section 5-6... More...   $0 (04-19-2012 - AR)

Tenzera, Inc. v. Michael Osterman

In a prior opinion (Tenzera, Inc v. Osterman (Jan. 21, 2010, B211656) [nonpub. opn.] (Tenzera I)), we reversed the trial court‟s order vacating an arbitration award in favor of Michael and Lonnie Osterman (the Ostermans) against Tenzera, Inc. (the company). But, we affirmed the trial court‟s order vacating the award against Bruno and Ivan Tenzera (the Tenzeras) because the arbitrator exceeded ... More...   $0 (04-19-2012 - CA)

Betty and Elmo Dorbandt v. Cameron County

Appellants Betty and Elmo Dorbandt, Bryan Richey, Larry Irwin, Mariano Lao, Jimmie M. Najvar, and Lila J. Lanehart appeal the trial court’s order granting Cameron County’s plea to the jurisdiction.1 By two issues, they argue: (1) the trial court erred by granting the County’s plea to the jurisdiction because the record shows their negligence claim against the County arose from the County’s... More...   $0 (04-19-2012 - TX)

Matt Clevinger v. Fluor Daniel Services Corp.

Matt Clevinger appeals from the trial court’s order granting summary judgment in favor of Clevinger’s former employer, Fluor Daniel Services Corp. Because the trial court did not err in granting summary judgment, we affirm.

BACKGROUND

In October of 2008, Clevinger was hired as a welder in the Boilermaker Unit at the Oak Grove Power Plant project for Fluor. This was his second tim... More...
   $0 (04-19-2012 - TX)

Moris and Lillian Tabacinic v. Dr. William J. and Veronica Frazier

In this interlocutory appeal from the trial court's denial of their special appearance, appellants Moris and Lillian Tabacinic assert their contacts with the State of Texas are insufficient to support personal jurisdiction because all of the actions forming the basis of the lawsuit occurred in Florida and were undertaken in their corporate capacities. Because we conclude the Tabacinics' individual... More...   $0 (04-19-2012 - TX)

Javier Alvarado v. Lexington Insurance Company

Appellant, Javier Alvarado, sued Lexington Insurance Company (“Lexington”) for breach of contract, breach of the duty of good faith and fair dealing, and violations of the Texas Insurance Code and the Deceptive Trade Practices Act (“DTPA”) after Lexington rejected Alvarado’s claim for property damage following Hurricane Ike. The trial court rendered summary judgment in favor of Lexingto... More...   $0 (04-19-2012 - TX)

Joseph Casias v. Wal-Mart Stores, Inc.; Wal-Mart Stores East, L.P. and Troy Estill

In this wrongful discharge action, Plaintiff Joseph Casias, a former Wal-Mart employee, appeals the district courts order denying his motion to remand and the dismissal for failure to state a claim following his termination for failing a drug test in violation of Defendants drug testing policy. Because we find no reasonable basis to conclude that the non-diverse Defendant Troy Estill (Estill)... More...   $0 (04-18-2012 - MI)

Dr. Kenneth Blick v. Steve Breed Construction Company

Dr. Kenneth Blick and Helen V. Blick sued Steve Breed Construction Company, Hinnen Construction, LLC and Terry Hinnen d/b/a Hinnen Construction claiming that during the performance of repairs to the roof of Plaintiffs' home in 2007 a "Gatorade" type bottle fell or was place into the furnace vent which caused the furnace to contaminate Plaintiffs' home with carbon monoxide which poisoned Helen Blic... More...   $1 (04-18-2012 - OK)

Richard Grider v. C & H Powerline Construction Co.

Richard Grider sued James Anthony Neese on an auto negligence theory claiming to have been injured in a car wreck caused by Neese. He also sued C & H Powerline Construction on a respondeat superior theory claiming that Neese was acting on behalf of it at the time of the accident.... More...   $1 (04-18-2012 - OK)

Patricia Cavallaro v. UMass Memorial Healthcare, Inc.

This appeal embraces two of the many private lawsuits brought against healthcare providers throughout the country by a single law firm. These two suits, like others of the same pattern, allege that various hospital employees who work for the particular hospital or hospital group have been deprived of compensation for work performed during their meal break, for work performed before and after shift... More...   $0 (04-18-2012 - MA)

Dan Billingsley v. Planit Dirt Excavation & Concrete, Inc.

Appellant Dan Billingsley appeals the order of the Saline County Circuit Court after a bench trial that awarded appellee Planit Dirt Excavation and Concrete, Inc.,1 damages, costs, and attorney’s fees for breach of contract. This appeal returns following our dismissal due to lack of a final order from which to appeal. Billingsley v. Planit Dirt Excavation & Concrete, Inc., and Desjoyaux Pools of... More...   $0 (04-18-2012 - AR)

James E. Cornelius v. National Casualty Company

[¶1.] James E. Cornelius initiated a declaratory judgment action against National Casualty Company (National Casualty) to determine whether a policy of insurance issued by National Casualty to Cornelius’s employer, Live Line Maintenance, provided uninsured motorist coverage to Cornelius for injuries he sustained while occupying a vehicle owned by Live Line Maintenance. National Casualty moved f... More...   $0 (04-18-2012 - SD)

MSO, LLC v. Anthony Desimone

The plaintiff, MSO, LLC, appeals from the judgment of the trial court granting the motion of the defendants Anthony DeSimone and Charles DeSimone, Jr., in their personal capacities and as coexecutors of the estate of Charles E. DeSimone, to stay the proceedings and ordering the parties to proceed to arbitration pursuant to an arbitration clause in the parties’ lease agreement.1 On appeal, the pl... More...   $0 (04-17-2012 - CT)

Patrick Wood v. Club, LLC

The defendant Club, LLC, appeals from the judgment of the trial court, following a jury trial, rendered in favor of the plaintiff, Patrick Wood.1 On appeal, the defendant claims that (1) the court improperly allowed the plaintiff’s expert to testify, (2) the court erred in refusing to instruct the jury on liability for actions of third parties, (3) the evidence was insufficient to establish that... More...   $0 (04-17-2012 - CT)

Ambrose C. Mendes v. Alfred Factor

The plaintiffs, Ambrose C. Mendes, Jr., Victor Mendes, and Madonna Mendes,1 appeal from a Superior Court judgment in favor of the defendants, Alfred Factor and Kirshenbaum & Kirshenbaum Attorneys at Law, Inc. (K&K). The judgment was entered after a hearing justice issued an order granting the defendants’ motions to dismiss both the plaintiffs’ probate appeal and their verified complaint allegi... More...   $0 (04-17-2012 - RI)

Thomas J. Krajacich, Ph.D. v. Great Falls Clinic, L.L.P.

¶1 The Eighth Judicial District Court, Cascade County, granted summary judgment to the Appellee, Great Falls Clinic, LLP (Clinic), and denied summary judgment for Appellants (“Appellants” or “psychologists”). We affirm and address the following issues:

¶2 I. Did the District Court err by holding that the Appellants engage in the “practice of medicine” as used in the parties’... More...
   $0 (04-17-2012 - MT)

Vicki L. Pounder v. Enserch E&C, Inc.

¶1 The appeal in this wrongful death case requires us to employ choice-of-law principles to determine whether the substantive law of Arizona or New Mexico applies. If we agree with the trial court that New Mexico law applies, we then must decide whether the court properly applied New Mexico’s statute of repose to find that suit is barred against Appellees. For the reasons that follow, we affirm... More...   $0 (04-17-2012 - AZ)

Western Blue Print Company, LLC v. Myrna Roberts

Myrna Roberts (hereinafter, “Myrna”)1, Mel Roberts (hereinafter, “Mel”), DocuCopy, LLC, and Graystone Properties LLC (hereinafter and collectively, “Appellants”) appeal from the circuit court’s judgment after a jury entered a verdict against Appellants on Western Blue Print Company LLC’s (hereinafter, “Western Blue”) petition for damages. Appellants’ first four points allege ... More...   $0 (04-17-2012 - MO)

Trust No. 6011 v. Homeowners Association

Simon and Victoria J. Beemsterboer reside on property (“the Beemsterboer Property”) owned by Trust No. 6011, Lake County Trust Company, Trustee. Victoria is the beneficiary of the Trust. The Beemsterboer Property shares a border with Heil’s Haven Condominiums. When the condominiums were developed, several agreements were executed between the Heil’s Haven Condominiums Homeowners Association... More...   $0 (04-17-2012 - IN)

Jon A. Rubenzer v. Associated Banc-Corp

¶1 PER CURIAM. Jon Rubenzer appeals a summary judgment dismissing his tort claim against Associated Banc-Corp based on a statute of limitations defense. Rubenzer argues summary judgment is inappropriate because there are disputed issues of material fact regarding Rubenzer’s discovery of his claim. We agree, and therefore reverse and remand.

BACKGROUND

¶2 Jon Rub... More...
   $0 (04-17-2012 - WI)

Cynthia Carley v. Jeffrey Marciniak

¶1 PER CURIAM. Cynthia Carley, as personal representative of the Estate of Jackie Carley (the Estate), appeals a judgment ordering it to return payments made by Jeffrey Marciniak pursuant to a purchase agreement for real property repossessed after Carley’s death. The Estate challenges the circuit court’s factual finding regarding the date of execution of an addendum containing the o... More...   $0 (04-17-2012 - WI)

Thomas W. Jandre v. Wisconsin Injured Patients and Families Compensation Fund

¶1 SHIRLEY S. ABRAHAMSON, C.J. This is a review of a published decision of the court of appeals in a medical malpractice case.[1] The court of appeals affirmed a judgment of the Circuit Court for Fond du Lac County, Robert J. Wirtz, Judge, entered on a jury verdict in favor of Thomas W. Jandre (Jandre) and his wife, Barbara J. Jandre (collectively, the Jandres), against Dr. Therese J. Bullis... More...   $0 (04-17-2012 - WI)

Lisa M. Holland v. David A. Gee

After hearing the evidence in this pregnancy discrimination case, the jury returned a verdict in favor of the plaintiff, Lisa Holland, and awarded her $80,000 in back pay and $10,000 for emotional distress. The defendant, Sheriff David Gee, moved for judgment as a matter of law. The District Court sustained the jury’s finding of liability, but vacated the award of back pay. After careful review ... More...   $0 (04-17-2012 - FL)

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