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Construction Law
Walter J. Prymas v. City of New Britian

The plaintiff, Walter J. Prymas, appeals from the judgment of the trial court, rendered following a trial to the court, in favor of the defendants, the city of New Britain (city), William A. DeMaio, Sandra C. Loether and the New Britain board of parks and recreation (board). On appeal, the plaintiff claims that the court improperly failed to determine that his termination from his position of empl... More...   $0 (07-13-2010 - CT)

Krystopher Romanczak v. Avalonbay Communities, Inc.

This appeal involves a dispute between a landlord and two of its tenants over the landlord’s withholding certain legal fees from the tenants’ security deposit. The plaintiffs, Krystopher Romanczak and Bryan Dumelin, appeal from the judgment of the trial court, rendered after a trial to the court, in favor of the defendant, AvalonBay Communities, Inc. On appeal, the plaintiffs claim that the co... More...   $0 (07-13-2010 - CT)

David Greenfield v. Susan Reynolds, Westport Zoning Enforcement Officer

The plaintiff, David Greenfield, appeals
from the judgment of the trial court rendered in favor
of the defendant, Susan Reynolds, zoning enforcement
officer for the town of Westport, following the court’s
granting of the defendant’s motion to strike the plaintiff’s
complaint. On appeal, the plaintiff claims that the
court improperly determined that his complaint faile... More...
   $0 (07-13-2010 - )

Melvin Joseph Long v. Merrifield Town Center Limited Partnership

Melvin and Mary Long, along with several other individuals, who signed contracts to purchase eight condominiums in the 279-unit condominium complex known as Vantage at Merrifield Town Center in Falls Church, Virginia, commenced these actions against the developer, alleging violations of the Interstate Land Sales Full Disclosure Act ("ILSFDA") (pronounced, perhaps, "ills-fi-da"), 15 U.S.C. § 1701 ... More...   $0 (07-13-2010 - VA)

Dawn Carton v. General Motors Acceptance Corp.

Motorcyclists Dawn Carton, James Carton, Jodi Feller, Terry Feller, Cody Medinger, and Stephanie Nieland (collectively, Appellants) brought an action against General Motors Acceptance Corporation (GMAC), arising out of injuries Appellants sustained when they were struck by a leased vehicle driven by Tiffany Gannon. GMAC held the lease on the vehicle driven by Gannon. Appellants sued GMAC, alleging... More...   $0 (07-13-2010 - IA)

Howard Dean Gipson v. Vought Aircraft Industries, Inc.

Plaintiff Howard Dean Gipson appeals the district court’s grant of summary judgment to defendant Vought Aircraft Industries, Inc. with respect to Gipson’s claims under the Family and Medical Leave Act. For the reasons described below, we affirm.


A. Underlying Facts

Plaintiff Howard Dean Gipson was formerly employed as a plant maintenance worker for defendant ... More...
   $0 (07-13-2010 - TN)

Katy A. Bozzi v. Nordstrom, Inc.

In this personal injury lawsuit, plaintiff Katya Bozzi appeals from the grant of summary judgment in favor of defendants Nordstrom, Inc., South Bay Center, LLC (collectively Nordstrom), and Kone, Inc. (Kone). Bozzi was riding the down escalator to the first floor of a Nordstrom department store when the escalator stopped abruptly due to a power outage that was apparently caused by a nearby traffic... More...   $0 (07-13-2010 - CA)

Los Angeles Unified School District v. Great American Insurance Company

We have long recognized that “[a] contractor of public works who, acting reasonably, is misled by incorrect plans and specifications issued by the public authorities as the basis for bids and who, as a result, submits a bid which is lower than he would have otherwise made may recover in a contract action for extra work or expenses necessitated by the conditions being other than as represented.â€... More...   $0 (07-12-2010 - CA)

Paula Crockett v. Central Oklahoma Transportation & Parking Authority

¶1 Paula Crockett appeals the decision of the district court granting Central Oklahoma Transportation and Parking Authority (COTPA)'s motion to dismiss her negligence suit on statute of limitation grounds. Based on our review of the record on appeal and applicable law, we reverse and remand for further proceedings.


¶2 This case arose from a March 2, 2007, incident involv... More...
   $0 (07-12-2010 - OK)

MTG Guarnieri Manufacturing, Inc. v. Bradley Clouatre

¶1 This appeal involves an agreement "not to use during or after termination of employment or divulge to others any secret or confidential information," and allegations of trade secret misappropriation. MTG Guarnieri Manufacturing, Inc., d/b/a Hearn Machine Tool (Hearn) is the former employer of Bradley Clouatre (Clouatre) and Bryan Jay (Jay). Hearn alleges that Clouatre and Jay breached their ag... More...   $0 (07-09-2010 - OK)

Greenville Surgery Center, Ltd. v. Walter Beebe, M.D.

Appellant Greenville Surgery Center, Ltd. (“GSC”) appeals the trial court's decision granting appellees' (“Doctors”) motion for summary judgment and denying GSC's cross-motion for partial summary judgment. We affirm. Background GSC owns and operates an opthalmology surgery center in Dallas. The Doctors are nine of seventeen physicians invested in GSC as limited partners. GSC's gene... More...   $0 (07-09-2010 - TX)

John A. Bollier and Leslie J. Bollier v. Austin Gurdwara Sahib, Inc. d/b/a Gurdwara Sahib Austin

Austin Gurdwara Sahib (AGS), a Sikh religious organization, announced plans for and began building a temple on their lot in the Bee Caves West Subdivision ("the Subdivision"). John and Leslie Bollier, lot owners in the Subdivision, filed suit, seeking a permanent injunction to enjoin construction of the temple based on property deed restrictions. AGS filed a counterclaim for defamation. After a b... More...   $0 (07-09-2010 - TX)

AnnaMarie Sherbin v. Dean Word Company, Ltd

AnnaMarie Sherbin was a passenger in a van involved in a multiple-vehicle collision on Interstate Highway 35 ("I-35") in New Braunfels. Sherbin sued the Dean Word Company ("Dean Word"), which was engaged in a construction project near the scene of the accident, for injuries she sustained. Sherbin claimed that Dean Word had negligently created a dust cloud, which obscured visibility on the highway... More...   $0 (07-09-2010 - )

John Gannon, Inc. v. Matthew D. Wiggins

Appellant/cross-appellee, John Gannon, Inc. (“JGI”), challenges the trial court’s judgment, entered after a jury trial, awarding JGI damages in its suit for breach of contract against appellee/cross-appellant, Matthew D. Wiggins. In two issues, JGI contends that the trial court erred in excluding evidence of its damages and denying its request for a continuance. Wiggins, as a cross-appellant... More...   $0 (07-08-2010 - TX)

Jon Churchill Calhoun v. Rusty L. Bennett

Plaintiffs, who are licensed construction contractors, appeal a judgment denying their claim for foreclosure of a construction lien and awarding them damages for breach of contract or quantum meruit in the amount of $40,000.(1) They assert two assignments of error. First, they argue that the trial court erred in concluding that their construction lien was invalid because they had failed to deliv... More...   $0 (07-07-2010 - OR)

Alan Montgomery v. City of Dunes City

Petitioner City of Dunes City (the city) seeks judicial review, and respondent Montgomery cross-petitions for judicial review, of an order of the Land Use Board of Appeals (LUBA) in which LUBA remanded the city's denial of respondent's application for the approval of a preliminary subdivision plat. We reject without discussion the city's two assignments of error concerning LUBA's application of t... More...   $0 (07-07-2010 - OR)

Wendy M. Flomerfelt v. Matthew P. Cardiello

Plaintiff Wendy Flomerfelt sustained temporary and permanent injuries after she overdosed on alcohol and drugs during a party hosted by defendant Matthew Cardiello at his parents' home while they were out of town. Plaintiff has little recollection of what she drank or ingested either before she arrived or during the party itself. Her complaint, however, asserted that her injuries were caused ... More...
   $0 (07-07-2010 - NJ)

Darren S. Fallis and wife Stacy D. Fallis v. River Mountain Ranch Property Owners Association, Inc.

The prior tortured procedural history of the underlying cause between Darren S. and Stacy D. Fallis (“the Fallises”) and River Mountain Ranch Property Owners Association, Inc. (“the Association”) is detailed in this court’s opinion in In re Fallis, No. 04-08-00781-CV, 2009 WL 262119 (Tex. App.—San Antonio Feb. 4 2009, orig. proceeding) (mem. op.) (per curiam). In this appeal, the Fall... More...   $0 (07-07-2010 - TX)

Seniel Lucien v. McCormick Construction, L.L.C.

The plaintiff, Seniel Lucien, appeals from the judgment of the trial court denying her application to discharge the mechanic’s lien filed by the defendant, McCormick Construction, LLC. On appeal, the plaintiff claims that the court improperly concluded that the defendant satisfied its burden of establishing that the plaintiff asserted violations of the Home Improvement Act (act), General Statute... More...   $0 (07-06-2010 - CT)

Forester Vanderhoff v. Harleysville Insurance Company

In this case, we consider the effect of the inclusion of a provision in the Motor Vehicle Financial Responsibility Law’s (MVFRL), 75 Pa.C.S. §§ 1701-1799.7, definition of “uninsured motor vehicle,” providing for notification of police and the insurer within thirty days of an accident caused by an unidentified vehicle. Specifically, we examine the continued applicability of the long-standin... More...   $0 (07-06-2010 - PA)

Paul Bonington v. Town of Westport

The plaintiffs, Paul Bonington and Julie Bonington, appeal1 from the summary judgment rendered in favor of the defendants, the town of Westport (town), the town’s planning and zoning department (department) and three department employees (individual defendants)2 in the plaintiffs’ negligence action. The plaintiffs had sought to recover litigation expenses they incurred in bringing an action ag... More...   $0 (07-06-2010 - CT)

City of Stillwater v. International Association of Fire Fighters

¶1 The essential issue before this Court is whether a contractual term regarding an increase in salary in the second year of a two-year collective bargaining agreement between the City of Stillwater and the Union representing the City's firefighters is void because it violates Article 10, § 26, of the Oklahoma Constitution. We hold that the contractual term increasing the salary of the firefight... More...   $0 (07-06-2010 - OK)

Earl Randall v. Jewel Scott

In this 42 U.S.C. § 1983 First Amendment retaliation claim appeal, we (1) reevaluate the pleading standard requirement for § 1983 cases involving qualified immunity, (2) determine whether Earl Randall’s (“Randall”) complaint – alleging state conduct restricting his ability to run for public office – raises a claim for violation of his First Amendment rights, and (3) resolve whether Jew... More...   $0 (07-05-2010 - GA)

Richard Madowitz v. The Woods at Killington Owners’ Association

This interlocutory appeal arises out of a dispute over development rights at the Woods at Killington condominium complex (the Woods) in Killington, Vermont. An association of condominium unit owners located at the Woods (the Association) appeals from a decision by the Rutland Superior Court granting summary judgment in favor of developers Richard Madowitz and Douglas Kohl, who are seeking to fur... More...   $0 (07-02-2010 - VT)

J.A. Morrissey, Inc. v. Peter Smejkal, Iva Smejkal, Merkur Construction, LLC and IS Enterprises, LLC

This case arises from the demise of a business relationship within a construction company. Defendants Peter Smejkal, Iva Smejkal, Merkur Construction, LLC, and IS Enterprises, LLC appeal from the partial denial of their post-trial motion for judgment as a matter of law, or in the alternative, for a new trial, following a jury verdict in favor of plaintiffs Jeanne Morrissey and J.A. Morrissey, Inc... More...   $0 (07-02-2010 - VT)

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