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Construction Law
 
Anissa White v. AAMG Construction

In this appeal from the Circuit Court of Kanawha County, we are asked to examine a construction loan by a bank to build a new house. The plaintiff - the owner of the new house - asserted that the defendant bank had a duty, in contract and in tort, not to distribute any money from the loan to the contractor building the house until the house had been inspected and the inspector had confirmed that ... More...   $0 (09-16-2010 - WV)

Abi-Najm v. Concord Condominium, LLC

In this appeal from the dismissal of an action alleging breach of contract, fraud in the inducement, and violation of the Virginia Consumer Protection Act, Code §§ 59.1-196 et seq. (“VCPA” or “the Act”), we consider whether the trial court erred when it sustained the demurrers of Concord Condominium, LLC (“Concord”) to the complaints of Phillip Abi-Najm (“Abi-Najm”) and other pur... More...   $0 (09-16-2010 - VA)

Michael Caress v. Jane M. Lira

This is an appeal from a partial summary judgment rendered in favor of appellee on her trespass to try title claim against appellants. The disputed property was sold to appellee, and then, one month later, also sold to appellants at a foreclosure sale. We affirm.

BACKGROUND

The following facts are not in dispute. In 2006, Gares II, Inc. (“Gares”) purchased a tract of land in a... More...
   $0 (09-15-2010 - TX)

David Holzemer v. City of Memphis

Defendant–appellant Monique Campbell appeals the district court’s denial of qualified immunity from the plaintiff–appellees’ First Amendment retaliation claim. David Holzemer and Downtown Buggy, LLC, sued Campbell, the City of Memphis, Shelby County, and various other state, county, and city officials under 42 U.S.C. § 1983 for alleged violations of the First, Fourth, Eighth, and Fourteen... More...   $0 (09-15-2010 - TN)

Larry Bonner v. Metropolitan Life Insurance Co.

A beneficiary designation must be “signed” to be effective under the Federal Employees Group Life Insurance Act (“FEGLIA”). The only issue in this case is whether former federal employee James Williams, Jr., “signed” a beneficiary designation form in 1996. The district court concluded, as a matter of law, that he did not, and we AFFIRM.

I. BACKGROUND

A. Factual Background... More...
   $0 (09-15-2010 - TN)

Buddy Gregg Motor Homes, Inc. v. Marathon Coach, Inc.

This appeal presents substantive and procedural issues concerning the "hybrid claims resolution process" for certain civil damages claims relating to the sale of motor vehicles in Texas. See Subaru of Am., Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 222-26 (Tex. 2002). It arises from proceedings following our decision in Buddy Gregg Motor Homes, Inc. v. Motor Vehicle Board of the Texas Dep... More...   $0 (09-15-2010 - )

John Bauer v. Douglas Aquatics, Inc.

Defendant Douglas Aquatics, Inc. (Appellant) appeals the trial court’s order denying its motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2) of the North Carolina Rules of Civil Procedure. Because Appellant raises the sole question of whether the exercise of personal jurisdiction over it by the North Carolina courts comports with due process and we conclude that it does, we a... More...   $0 (09-14-2010 - NC)

Jack Dollarhide v. Scott Bancroft

[¶1] On August 3, 2001, while employed as a carpenter by Bancroft Construction, Inc., in Teton County, Wyoming, Jack Dollarhide (Dollarhide) was injured when the raised wooden platform upon which he was standing crashed to the ground. Dollarhide obtained benefits from the Wyoming Worker‘s Compensation fund, but also filed a coemployee liability action against Scott Bancroft (Bancroft), the owne... More...   $0 (09-14-2010 - WY)

Terri Crandall v. The City and County of Denver, Colorado d/b/a The Denver International Airport

This is the third in a series of appeals involving a class action lawsuit brought by individuals against the City and County of Denver ("Denver") for harm allegedly caused by environmental contamination in Concourse B of Denver International Airport. The case has now been dismissed for lack of subject matter jurisdiction, and the present dispute concerns the award of costs and attorney fees to De... More...   $0 (09-13-2010 - CO)

Thomas Temme v. Bemis Company, Inc.

For over twenty years, a small group of 62 retirees, former plant maintenance workers and their spouses, have been receiving their health care coverage through Hayssen Manufacturing Company (“Hayssen”) and its successor, Bemis Company, Inc. (“Bemis”) as a result of a 1985 Plant Closing Agreement. In 2005, Bemis changed the insurance provider of its medical plan and made changes to deductib... More...   $0 (09-13-2010 - WI)

Timothy S. Vernor v. Autodesk, Inc.

Timothy Vernor purchased several used copies of Autodesk, Inc.’s AutoCAD Release 14 software (“Release 14”) from one of Autodesk’s direct customers, and he resold the Release 14 copies on eBay. Vernor brought this declaratory judgment action against Autodesk to establish that these resales did not infringe Autodesk’s copyright. The district court issued the requested declaratory judgment... More...   $0 (09-10-2010 - WA)

Michael A. Phillips, Maria E. Phillips and Quantum Investment Partners L.L.C. v. BR Brick and Masonry, Inc. n/k/a BR Brick Masonry, L.P

Appellants, Michael A. Phillips, Maria E. Phillips, and Quantum Investment Partners, L.L.C. (“Quantum”), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, B.R. Brick and Masonry, Inc. (“BR Brick”), in BR Brick’s suit against appellants for violating the Texas Uniform Fraudulent Transfer Act (“TUFTA”).[1] In three of their four issues, appellan... More...   $0 (09-10-2010 - TX)

Brookshire Katy Drainage District v. The Lily Gardens, LLC

Appellees, Lily Gardens, LLC, and its owners, Richard E. Flueckiger and Kenneth B. Leudecke (collectively, the “Defendants”), have filed a motion for rehearing. Appellant, Brookshire Katy Drainage District (the “District”), filed a response to the motion. We grant rehearing and withdraw our opinion and judgment of December 22, 2009 and substitute this opinion and judgment in their place.... More...   $0 (09-10-2010 - TX)

Marco Garcia v. Four Points Sheraton LAX

In this appeal, we address the validity of the Hotel Service Charge Reform Ordinance (Ordinance) enacted by the City of Los Angeles (the City), requiring non-unionized hotels in the Century Corridor near Los Angeles International Airport (LAX) to pass along mandatory service charges to workers who render the services for which the charges have been collected. The Ordinance is based upon the City... More...   $0 (09-10-2010 - )

Antonio Correia v. William Feeney

Plaintiff-appellant Antonio Correia sued defendant-appellee, Sergeant Detective William Feeney, for violating his civil rights by means of false arrest and the use of excessive force. Following a trial, the jury returned a verdict for Feeney. Correia appeals, claiming that the trial court committed reversible error in denying his motion for a new trial, in its answer to a question from the jury, ... More...   $0 (09-09-2010 - MA)

Pamela L. McKissick v. Henry C. Yuen

Pamela McKissick, a former Gemstar executive, sued the company and two of its former officers, accusing them of perpetrating a fraud that rendered her stock options in the company worthless. The district court granted summary judgment to the defendants, holding that Ms. McKissick released her claims long ago when she signed a separation agreement at the end of her employment. Based on another prov... More...   $0 (09-08-2010 - OK)

Thomas J. Gallagher v. Steve Magner

Several owners and former owners of rental properties in St. Paul, Minnesota brought these consolidated actions, challenging the City of St. Paul’s (“the City”) enforcement of its housing code. The property owners appeal the district court’s (1) dismissal of their claims on summary judgment, (2) denial of sanctions for spoliation of evidence, and (3) denial of discovery regarding Appellee ... More...   $0 (09-08-2010 - MN)

Mary Campbell v. Davol, Inc.

Mary Campbell (“Campbell”) appeals the district court’s2 grant of summary judgment in favor of Davol, Inc., C.R. Bard, Inc., Surgical Sense, Inc. (“Surgical Sense”), and W.C.O. Medical Products Corporation (“W.C.O. Medical Products”).

On appeal, Campbell argues that the district court erred in granting summary judgment in favor of C.R. Bard, Inc. and Davol, Inc. (“Bard/Dav... More...
   $0 (09-08-2010 - AR)

Northwest Pipeline Corporation v. Jose Luna

Northwest Pipeline Corporation (Northwest) holds an easement across the properties of Jose and Rosanna Luna, and Steven and Elizabeth Church (collectively, Appellants). The grant of easement was indefinite as to width. Northwest filed suit to obtain a determination of the width of its easement, to quiet its title to the defined easement, to obtain removal from the right-of-way of any encroachments... More...   $0 (09-07-2010 - ID)

Taren Devon Haynie v. Deon Lamont Cobb

Defendant Robert F. Jones d/b/a Jones Construction Company and Pete Jones Construction Company filed a motion to dismiss which the trial court granted as to one of plaintiff’s claims. As the dismissed claim was alleged in plaintiff’s complaint, we reverse and remand.

I. Background

On 12 January 2007, plaintiff filed a complaint (“2007 complaint”) against defendants. On 24 Mar... More...
   $0 (09-07-2010 - NC)

Julie A. Derossett v. Duke Energy Carolinas, L.L.C.

Plaintiffs Julie A. DeRossett and Richard A. Sutton appeal from the trial court’s order granting partial summary judgment in favor of Defendant Duke Energy Carolinas, LLC. After a careful review of Plaintiffs’ challenges to the trial court’s order in light of the record and the applicable law, we conclude that the trial court’s order should be affirmed.

I. Factual Background

... More...
   $0 (09-07-2010 - NC)

Kevin D. Buchanan v. Teresa Hagy Buchanan

Kevin D. Buchanan, individually, as executor of the estate of Kelly Buchanan, and as guardian of the property of Tiffany Hope Buchanan, a minor, and Christopher Buchanan, individually, (collectively referred to as “plaintiffs”) appeal from a trial court’s order declaring that Teresa Hagy Buchanan (“defendant”) received an “estate for years” from decedent’s will and an order denying... More...   $0 (09-07-2010 - NC)

Todd M. Bodine v. Harris Village Property Owners Association, Inc.

Plaintiffs, Todd M. Bodine and Janet L. Paczkowksi (collectively “Homeowners”) built a 14 x 42 foot pool house and tiki hut (covered porch) to adjoin their home, but only received permission from the Harris Village Property Owners Association’s Board of Directors (“Association”) to build a 10 x 14 foot pool house. Litigation ensued, resulting in two orders denying Homeowners’ claims.More...   $0 (09-07-2010 - NC)

Hinerfeld-Ward, Inc. v. Mark Lipian

The appellants in this litigation are homeowners who embarked on a major residential home improvement project. They appeal from a judgment in these cross-actions in favor of their general contractor which awarded them only $1,000 in damages on their negligence cause of action. They contend the trial court erred in enforcing an oral contract in violation of statutory requirements that the contract ... More...   $0 (09-06-2010 - CA)

Conseco Life v. Eric Williams

Conseco Life Insurance Company ("Conseco") issued a life insurance policy ("policy") to Niki Williams1 ("Niki"), who died following a battle with cancer. Niki's sister, Ellen Buckley, the named beneficiary, and Niki's sons, Eric and Harold Williams (collectively, "appellants"), the prior beneficiaries, both claimed the proceeds of the policy. Conseco interpled the $100,000 insurance proceeds pendi... More...   $0 (09-03-2010 - AR)

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