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Construction Law
 
Gary D. Cable v. Wells Fargo Bank of New Mexico, N.A.

{1} This case requires us to determine whether the community property trust created by a married couple granted the surviving spouse the power to amend the trust’s remainder distribution schedule after the death of the first spouse. The Court of Appeals upheld the affirmative answer to that question by the district court solely on the theory that the surviving spouse’s undisputed right to with... More...   $0 (03-23-2010 - NM)

Gary D. Cable v. Wells Fargo Bank New Mexico, N.A.

{1} This case requires us to determine whether the community property trust created by a married couple granted the surviving spouse the power to amend the trust’s remainder distribution schedule after the death of the first spouse. The Court of Appeals upheld the affirmative answer to that question by the district court solely on the theory that the surviving spouse’s undisputed right to with... More...   $0 (03-23-2010 - NM)

Lt. Ken Miller v. City of Houston and Harold Hurtt

In this case arising from the disciplinary actions taken against a police officer, we are asked if an independent hearing examiner exceeded his jurisdiction in effectively reducing an indefinite suspension to a 92-day suspension. Because the hearing examiner was not authorized to impose a suspension of more than fifteen days, we reverse the trial court’s judgment and remand the case.

... More...
   $0 (03-23-2010 - TX)

Amerigraphics, Inc. v. Mercury Casualty Company

In this insurance bad faith case, respondent Amerigraphics, Inc. (Amerigraphics) sued its insurer, appellant Mercury Casualty Company (Mercury), after Amerigraphics‘s business premises were flooded, and Mercury denied full coverage under the policy. There are two primary issues on appeal.

First, what is the meaning of the ―Business Income‖ coverage in the policy which states that Me... More...
   $0 (03-23-2010 - CA)

Rachel Curry Leader v. Terry Lee Cords

Probate Code1 section 17211, subdivision (b) gives the probate court discretion to award attorney fees to a trust beneficiary who "contests the trustee's account," if the court determines the trustee's opposition to the contest was "without reasonable cause and in bad faith." The trustee's account here revealed that the trust had remaining assets and no liabilities. The trustee, however, refused t... More...   $0 (03-23-2010 - CA)

Octavio Sanchez v. San Diego County Office of Education

Education Code section 35330 (§ 35330) provides a school district immunity from liability for school district student injuries occurring during a field trip conducted by the school district. In this action, we decide whether section 35330 provides a school district immunity from liability for student injuries occurring during a field trip on property owned and operated by a school district, which... More...   $0 (03-23-2010 - CA)

William Mendoza v. ADP Screening and Selection Services, Inc.

The statute governing the “Megan‟s Law” website (MLW) includes a provision prohibiting the “use of any information that is disclosed [on the MLW] . . . for purposes relating to . . . [¶] [e]mployment,” and a provision that “[a]ny use” of information disclosed on the MLW for such a purpose “shall make the user liable for . . . actual damages, . . . and attorney‟s fees, exemplary ... More...   $0 (03-23-2010 - CA)

Mountain Bird, Inc. v. Goodrich Corporation

Mountain Bird, Inc. and Spirit Air, Inc. appeal the district court’s dismissal of their tort claims under Idaho’s economic loss rule. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

In June 1999, Spirit Air ordered a Cessna Model 208B aircraft from the Cessna Aircraft Company (“Cessna”). The plane featured an optional de-icing system “Certified for Flight in I... More...
   $0 (03-23-2010 - KS)

Securities and Exchange Commission v. Merrill Scott & Associates

This case requires us to determine the scope of certain protective orders entered to safeguard personal financial information provided by an alleged tax evader who was also the victim of a securities fraud scheme. Dr. Richard Gerber invested money with defendant Merrill Scott & Associates (Merrill Scott) under a nominee arrangement promising large tax savings. The Securities and Exchange Commissio... More...   $0 (03-23-2010 - UT)

Estate of Wavie Luster v. Allstate Insurance Company

This diversity suit for breach of an insurance contract was dismissed on summary judgment.

The suit is governed, so far as the substantive issues are concerned, by Indiana law, and the plaintiff’s appeal presents issues of both contract interpretation and Indiana insurance law.

Mrs. Luster was a widow living alone in her house in Merrillville, Indiana. She had a homeowner’s insur... More...
   $0 (03-23-2010 - IN)

Edward Carmona v. Southwest Airlines Company

Plaintiff-appellant, Edward Carmona, sued defendant-appellee, Southwest Airlines Co. (Southwest), claiming that the termination of his employment violated Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA). The case was tried before a jury, which found that Southwest had discriminated against Carmona because of his disability and awarded him $80,000... More...   $0 (03-23-2010 - TX)

Debora Palizzi, Gloria Bennett, and Palizzi & Son, Inc. v. City of Brighton

In this eminent domain action for property it desired for road improvements, the City of Brighton ("Brighton") condemned approximately 0.8 acres of agricultural land owned by Debora M. Palizzi, Gloria A. Bennett, and Palizzi & Son, Inc. (collectively "the Palizzis"). A jury awarded $204,387.15 as just compensation for the taken property, based on its highest and best use being for commercial and ... More...   $0 (03-22-2010 - CO)

Monica Allen v. Jay Dackman

Petitioners, Monica Allen and Shantese Thomas, by their mother and next-friend, Monica D. Allen,1 allege that they suffered injuries caused by lead paint while living at a property owned by Hard Assets, LLC (“Hard Assets”). We have been asked to determine whether Jay Dackman (“Respondent”), a member of Hard Assets when it owned the property,2 may be held liable for these alleged injuries. ... More...   $0 (03-22-2010 - MD)

Steven W. Gray v. Dameon L. Begley and Continental Casualty Company

While this case presents a somewhat tortured procedural history, it also presents a significant question in the field of insurance litigation. When an insurer provides an insured a defense under a reservation of rights, and the insured subsequently reaches a private settlement with the third party claimant without the participation of the insurer, may the insurer intervene in the underlying action... More...   $0 (03-22-2010 - CA)

William C. Arterberry v. County of San Diego

Civil Code1 section 714 prohibits a public entity from willfully delaying the approval of an application to install or use a solar energy system. (§ 714, subd. (e)(1).) William C. Arterberry, doing business as Farm ACW, appeals an order denying him attorney fees under subdivision (g) of section 714 in his action against the County of San Diego, the County of San Diego Department of Planning and L... More...   $0 (03-22-2010 - C)

Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company

Ariad Pharmaceuticals, Inc., Massachusetts Institute of Technology, the Whitehead Institute for Biomedical Research, and the President and Fellows of Harvard College (collectively, “Ariad”) brought suit against Eli Lilly & Company (“Lilly”) in the United States District Court for the District of Massachusetts, alleging infringement of U.S. Patent 6,410,516 (“the ’516 patent”). After ... More...   $0 (03-22-2010 - MA)

Louise Victoria Jeffredo v. Mark A. Macarro

The Pechanga Band of the Luiseño Mission Indians (“Pechanga Tribe”) disenrolled a number of its members (“Appellants”) for failing to prove their lineal descent as members of the Tribe. Federal courts generally lack jurisdiction to consider any appeal from the decision of an Indian tribe to disenroll one of its members. See Santa Clara Pueblo v. Martinez, 436 U.S. 49, 72 n.32 (1978). Appe... More...   $0 (03-22-2010 - CA)

Philip Kozma v. Starbucks Coffee Company


On March 2, 2005, plaintiff slipped and fell on ice outside of a Starbucks coffee shop in Matawan, allegedly suffering serious and permanent personal injuries. He proceeded to trial——utilizing a conventional theory of negligence——against the owner of the premises, Lionetti Enterprises, LLC; a maintenance contractor, Pavers Plus Landscaping, Inc.; and Starbucks Corporation. The jury al... More...
   $0 (03-19-2010 - NJ)

Fluke Corporation v. Gary Lemaster

We accepted discretionary review in this products liability case to resolve whether the Court of Appeals properly adopted foreign authority and correctly held that equitable estoppel barred the product manufacturer's statute of limitations defense because the manufacturer allegedly concealed product defects from government regulatory agencies. We also address whether the holding of the Court of Ap... More...   $0 (03-18-2010 - KY)

Cincinnati Insurance Company v. Motorists Mutual Insurance Company

This case requires us to decide whether a claim of defective construction against a homebuilder is, standing alone, a claim for property damage caused by an "occurrence" under a commercial general liability (CGL) insurance policy. Like the majority of courts that have considered the question, we hold that the answer is no.

I. INTRODUCTION.

II. FACTUAL AND PROCEDURAL HISTORY.
... More...
   $0 (03-18-2010 - KY)

City of Crowley, Texas v. Doug Ray

Appellant City of Crowley, Texas, (the ACity@) appeals the trial court=s order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(8) (Vernon 2008). In a single issue, the City argues that the trial court erred by denying its plea to the jurisdiction because Appellee Doug Ray failed to establish a waiver of the City=s governmental immunity by pleading an underl... More...   $0 (03-18-2010 - TX)

Columbia Physical Therapy, Inc. v. Benton Franklin Orthopedic Assocs.

Columbia Physical Therapy, Inc. (Columbia), a professional

service corporation owned by a group of physical therapists, brought this action

against Benton Franklin Orthopedic Associates (BFOA), a professional limited liability

company owned by physicians and employing physical therapists. Columbia asserts

that BFOA and its doctors and physical therapists are violat... More...
   $0 (03-18-2010 - WA)

Strategic Development and Construction, Inc. v. 7th & Roosevelt Partners, LLC

¶1 I n considering a motion to dismiss for failure to state a claim pursuant to Arizona Rule of Civil Procedure 12(b)(6) that presents “matters outside the pleading,” if the superior court does not “exclude” the extraneous matters, it must treat the motion as a Rule 56 motion for summary judgment and allow the plaintiff a “reasonable opportunity to present” all pertinent material in r... More...   $0 (03-18-2010 - AZ)

Dillingham-Ray Wilson v. City of Los Angeles

The City of Los Angeles (City) obtained millions of dollars worth of construction work that it does not want to pay for. It believes it is absolved of any obligation to pay by Public Contracts Code section 71071 and Amelco Electric v. City of Thousand Oaks (2002) 27 Cal.4th 228 (Amelco) on the theory that they dictate a method of proving contract damages, a method that the contractor, Dillingham-R... More...   $0 (03-18-2010 - CA)

Michael Jordan v. Superstar Sandcars, et al.

Plaintiffs Michael Jordan and Mohammed Baghalzadeh (plaintiffs) appeal from a judgment dismissing their action against defendants Superstar Sandcars, Mark Martin, Ariel Verna, and Frank Yegge (defendants) for failure to bring the action to trial within five years. (Code Civ. Proc., §§ 583.310, 583.360.)1 Plaintiffs contend the five-year period was tolled during two 6-week periods, during which t... More...   $0 (03-18-2010 - CA)

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