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Construction Law
Pacific Bell Telephone Company v. Southern California Edison Company

Defendant Southern California Edison (“Edison”) appeals from the judgment entered against it following a bench trial in which the court ruled that Edison was liable to Pacific Bell Telephone Company (“Pacific Bell”) for just compensation in Pacific Bell‟s cause of action for inverse condemnation. We affirm.


The relevant facts of this appeal ar... More...
   $0 (08-30-2012 - CA)

Woody K. Lesikar v. Carolyn Ann Lesiker Moon

In this appeal, we consider challenges to the trial court’s award of attorney’s fees on remand in a dispute between siblings related to a family trust and their deceased father’s estate. We affirm the trial court’s judgment.


Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special Trust, filed suit ... More...
   $0 (08-30-2012 - TX)

Barnes S.W. Plaza, LLC v. WF Retail Investments LLC

Appellant Barnes S.W. Plaza, LLC (Barnes) appeals the trial court’s final judgment, which incorporates its grant of Appellee WF Retail Investments, LLC’s (WF Retail) motion for partial summary judgment. In its sole issue, Barnes contends that the trial court erred by finding that a restrictive covenant did not apply to the property owned by WF Retail. We will affirm.

II. BackgroundMore...
   $0 (08-30-2012 - TX)

Devin Oil Co. v. Morrow County

2 On judicial review, petitioner Devin Oil Co., Inc., seeks reversal and
3 remand of a final opinion and order of the Land Use Board of Appeals (LUBA). In that
4 decision, LUBA upheld an order issued by respondent Morrow County that adopted a
5 Limited Use (LU) overlay zone and approved the plan and zone change application of
6 respondent Love's Travel Stops & Country Stores, Inc.,... More...
   $0 (08-29-2012 - OR)

John M. Pincetich v. Thomas M. Nolan

2 Plaintiff appeals a judgment that dismissed his claims against defendants on
3 summary judgment after the trial court concluded that ORS 701.131(1) barred him from
4 commencing an action against them to recover compensation allegedly owed him for his
5 work under a construction contract. We affirm.
6 Defendants contracted to pay plaintiff $286,271 to construct a residence.
7 ... More...
   $0 (08-29-2012 - OR)

Lee County Electric Cooperative, Inc. v. City of Cape Coral

Several years ago the City of Cape Coral began a construction project to rework an intersection. The plan required the expansion of an existing road into a public utility easement where Lee County Electric Cooperative ("LCEC") had placed its electric lines. Thus, LCEC was forced to relocate its lines to another public utility easement. The parties disagreed about which of them was responsible for ... More...   $0 (08-29-2012 - FL)

Michael Lacey v. Joseph M. Arpaio

This § 1983 case concerns allegations of unlawful conduct by officials in the Maricopa County Sheriff’s Office (“MCSO”) and the Maricopa County Attorney’s Office (“MCAO”), conduct which culminated in the late-night arrests of Michael Lacey and Jim Larkin, owners of the Phoenix New Times, LLC. Lacey, Larkin, and the New Times (collectively, “Lacey”) sued Sheriff Joseph Arpaio, head... More...   $0 (08-29-2012 - AZ)

Coleman v. Portage County Engineer

{¶ 1} In this appeal, we address whether “upgrading” a storm-sewer system is a governmental or proprietary function of a political subdivision within the meaning of R.C. 2744.01 and whether failure to “upgrade” subjects that political subdivision to liability under R.C. 2744.02(B)(2). For the reasons that follow, we hold that because upgrading involves construction and design, such upgrad... More...   $0 (08-29-2012 - OH)

WPIX, Inc. v. IVI, Inc.

In this case, plaintiffs-appellees -- producers and owners of copyrighted television programming -- sued defendants-appellants ivi, Inc. ("ivi") and its Chief Executive Officer, Todd Weaver, for streaming plaintiffs' copyrighted television programming over the Internet live and without their consent. The district court granted a preliminary injunction for plaintiffs, holding that: (1) plaintiffs w... More...   $0 (08-29-2012 - NY)

Paul A. Gargano v. Vigilant Insurance Company

Paul Gargano Footnote represents himself and his wife in this suit (removed from a Massachusetts state court) seeking a declaration that the defendant, Vigilant Insurance Company, is liable under the Garganos’ homeowners’ insurance policy for the cost to remedy defective exterior staining of the shingles of their house and barn in West Hyannisport, Massachusetts, and for damages under state st... More...   $0 (08-29-2012 - MA)

Caroline Hirschfeld v. Robert B. Machinist

The plaintiff, Caroline Hirschfeld, appeals from the judgment of the trial court granting her motion for contempt and ordering the defendant, Robert B. Machinist, to pay an additional $36,959 in alimony for the 2007 taxable year and $17,731.97 in attorney’s fees.1 On appeal, the plaintiff claims that the court incorrectly interpreted a provision in the separation agreement and, in doing so, impr... More...   $0 (08-29-2012 - CT)

Chandramouli Vaidyanathan v. Seagate US LLC

Chandramouli Vaidyanathan brought suit against Seagate US LLC and Seagate Technology LLC (collectively, Seagate), alleging a violation of Minnesota Statutes section 181.64, false statements as inducement to entering employment, and a common law claim of promissory estoppel. The jury returned a verdict for Vaidyanathan on his statutory claim, awarding him $1.9 million in damages. The district court... More...   $0 (08-28-2012 - MN)

Elizabeth Egan v. Panning Board of the City of Stamford

The defendants, the planning board of the city of Stamford and subdivision applicant Michael Innaurato,1 appeal from the judgment of the trial court sustaining the aggrieved plaintiffs’ appeal2 from the planning board’s approval of Innaurato’s subdivision application. On appeal, the defendants claim that the trial court improperly substituted its judgment for that of the planning board when ... More...   $0 (08-28-2012 - CT)

Greco Construction v. Alison Edelman

The plaintiff, Greco Construction, appeals from the judgment of the trial court granting the motion of the defendants, Alison Edelman, individually, and as executrix of the estate of Claudia Pearl,1 to dismiss the plaintiff’s action for lack of subject matter jurisdiction. We affirm the judgment of the trial court.

The record discloses the following facts. In 2007, the plaintiff commenced... More...
   $0 (08-28-2012 - CT)

Donna Wikander v. Asbury Automotive Group

The question in this case is whether, pursuant to the proviso set forth in General Statutes § 31- 294c (a), the one year or the two year filing period applies to a dependent’s claim for workers’ compensation benefits when an employee suffers a work-related accident and dies on the same day. The defendants, Asbury Automotive Group/David McDavid Acura (Asbury) and its insurer, Travelers Indemni... More...   $0 (08-28-2012 - CT)

Clifford Young v. Karolina Young

The defendant, Daniel Young,1 the administrator of the estate of Karolina Young, appeals from a series of postjudgment orders of the trial court. The defendant claims that the court erred when it denied his ‘‘motion for order that [the] parties immediately list for sale the real estate subject of this action’’ and, instead, ordered the property sold to the plaintiff, Clifford Young, subjec... More...   $0 (08-27-2012 - CT)

Specialized Freight Forwarders v. Dragone Classic Motorcars, Inc.

The defendant, Dragone Classic Motorcars, Inc., appeals from the judgment of the trial court in favor of the plaintiff, Specialized Freight Forwarders. On appeal, the defendant claims that the court (1) did not have subject matter jurisdiction over the case, (2) improperly determined that the plaintiff could recover against the defendant for shipping costs despite the fact that the term ‘‘frei... More...   $0 (08-27-2012 - CT)

Elise Piquet v. Town of Chester

This is a certified appeal by the plaintiff, Elise Piquet, from the judgment of the Appellate Court, which reversed the trial court’s judgment in favor of the defendants, the town of Chester (town) and its planning and zoning commission, and remanded the case with direction to dismiss the action. The plaintiff claims that the Appellate Court incorrectly determined that the trial court lacked sub... More...   $0 (08-27-2012 - CT)

Karen DiPietro v. Farmington Sports Arena

The dispositive issue presented by this premises liability appeal is whether the Appellate Court correctly concluded that the plaintiff, Karen DiPietro, had established the existence of a genuine issue of material fact concerning the defendants’ actual or constructive knowledge of a dangerous condition.

The defendants, Farmington Sports Arena, LLC (Arena), Dimensional Technology Group, LL... More...
   $0 (08-27-2012 - CT)

ConocoPhillips Company v. Patrick H. Lyons

{1} This litigation stems from a dispute over the proper calculation of royalty payments on state oil and gas leases. In New Mexico, the Commissioner of Public Lands (Commissioner) “is hereby authorized to execute and issue in the name of the state of New Mexico, as lessor, leases for the exploration, development and production of oil and natural gas, from any lands belonging to the state of New... More...   $0 (08-24-2012 - NM)

Nexstar Broadcasting, Inc. v. Fidelity Communications Co.

Nexstar Broadcasting and Mission Broadcasting (Licensees) appeal from a take-nothing summary judgment respecting their breach of contract claim against Fidelity Communications. Licensees are owners of the broadcast licenses of four television stations, and Fidelity is the owner of a regional cable television system. Pursuant to their contract, Fidelity agreed to pay Licensees for the right to retr... More...   $0 (08-24-2012 - TX)

R. Michael Lagow v. Nancy B. Hamon

In this case generally involving promissory notes and a usury claim, R. Michael Lagow and Brenda S. Lagow appeal the trial court’s final judgment in favor of Nancy B. Hamon, by and through her Agent and Attorney-in-Fact, John L. Roach, finding Michael and Brenda Lagow jointly and severally liable for damages in the amount of $467,701.37 and Michael Lagow severally liable for damages in the amoun... More...   $1459640 (08-24-2012 - TX)

JJW Development, L.L.C. v. Strand Systems Engineering, Inc.

This is an appeal from the trial court’s order dismissing with prejudice claims by JJW Development, L.L.C. and John J. Wingfield, Jr. against Strand Systems Engineering, Inc. In two issues, JJW and Wingfield argue that the trial court erred because it interpreted former section 150.002 of the civil practice and remedies code to mean that they had to file a certificate of merit for their breach o... More...   $0 (08-24-2012 - TX)

Meenakshi S. Prabhakar, M.D. v. David Fritzgerald

This is an appeal from a jury verdict in a medical malpractice lawsuit. In three issues, appellants/cross-appellees Meenakshi S. Prabhakar, M.D. and Infectious Disease Doctors, P.A. challenge the sufficiency of the evidence to support certain jury findings and the trial court’s refusal to order some portion of appellee/cross-appellant David Fritzgerald’s future medical expenses to be made in p... More...   $0 (08-23-2012 - TX)

Deborah Fletcher v. Energy Resource Technology GOM, Inc.

Appellants, Deborah Fletcher, Robert Jacobsen, Melissa Johnson, Karen Steiner, and Nancy Trejo, challenge the trial court’s rendition of summary judgment in favor of appellee, Energy Resource Technology GOM, Inc. (“ERT”), in their suit for breach of contract. In two issues, appellants contend that the trial court erred in granting ERT’s summary-judgment motion and denying their summary-jud... More...   $0 (08-23-2012 - TX)

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