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Construction Law
 
Monique Tobet v. Michael Tobet

This postdissolution proceeding concerns the obligation of a parent to make financial contributions to the college education expenses of the parties’ child, pursuant to the parties’ separation agreement. The plaintiff, Monique Tobet, appeals from the judgment of the trial court denying her motion to allocate college expenses between the parties by enforcing the parties’ separation agreement,... More...   $0 (01-26-2010 - CT)

Richard Shoalmire and Patricia Shoalmire v. U. S. Title of Harrison County

Before Richard and Patricia Shoalmire purchased a tract of Panola County land and what turned out to be a mobile home located on that land, the previous property owners, Thaddie Ray and Jimmie Lynn Pool Greer (the Greers), may have taken steps to have the mobile home recognized as part of the real property, rather than as personal property. Also before closing, the Shoalmires had visited the prop... More...   $0 (01-26-2010 - TX)

Glenn Coffee v. Brad Henry

¶1 The President Pro Tempore of the Oklahoma Senate and the Speaker of the Oklahoma House of Representatives have petitioned this Court to assume original jurisdiction. They ask this Court to resolve their dispute with the Governor over use of the line item veto provided by Okla. Const. Art. 6, § 12. The Legislative Leadership specifically complains about two instances in the last Legislative se... More...   $0 (01-26-2010 - )

Dolores Hanrahan v. Riberhead Nursing Home

Dolores Hanrahan appeals the dismissal of her employment discrimination
16 complaint, which the district court held was barred by res judicata, based on the prior
17 dismissal of her state court petition for review of an adverse discrimination decision for
18 failure to join a necessary party. Because the state court’s dismissal was not a decision on
19 the merits that would prec... More...
   $0 (01-25-2010 - NY)

19 Perry Street, L.L.C. v. The Unionville Water Company, et al.

The defendant, The Connecticut Water Company,1 appeals2 from the judgment of the trial court, which found that the defendant had breached its lease agreement (lease) with the plaintiff, 19 Perry Street, LLC, and ordered immediate possession of the leased premises in favor of the plaintiff. On appeal, the defendant claims that the trial court improperly: (1) interpreted paragraph five of the lease,... More...   $0 (01-25-2010 - CT)

Royce Homes, L.P. v. Deborah F. Bates

Appellant, Royce Homes, L.P., appeals the order of the trial court confirming an arbitration award and final judgment in favor of appellees, a group of homeowners (“homeowners”). In three issues, Royce Homes argues that (1) the trial court abused its discretion by failing to appoint the arbitrator specified in the parties’ arbitration agreement; (2) the trial court erred in failing to vacate... More...   $0 (01-22-2010 - )

John Doe v. Undisclosed Defendant

Plaintiff, a Chicago area construction worker, was severely injured when he fell from a scaffold that he claimed did not have adequate fall protection, sued on a negligence theory to recover for the injuries and damages sustained by him. He claimed that he was injured as a result of inadequate fall protection, namely the absence of a proper mid-rail, which failed to stop the worker’s fall from a... More...   $1320000 (01-22-2010 - )

Dorothy Smith v. West Suburban Medical Center

This is an action based on ordinary negligence. Plaintiff, Dorothy Smith, filed a complaint against several defendants, including defendant/third-party plaintiff-appellee, West Suburban Medical Center (West Suburban), and defendant/third-party defendant-appellant, Triton College Foundation, d/b/a Triton Community College (Triton), alleging that she was injured when she fell off a stool in West Sub... More...   $0 (01-21-2010 - IL)

H.H. Taylor v. Ramsay-Gerding Construction Company

This case is before us on remand from the Oregon Supreme Court. In our previous decision, we determined in part that, for the purposes of plaintiffs' claim for breach of an express warranty, there was insufficient evidence in the record to permit a jury to find that defendant's territory manager had apparent authority to warrant a stucco siding system manufactured by defendant and installed in pl... More...   $0 (01-20-2010 - OR)

Mark Rogers v. Quiktrip Corporation

¶1 Two questions are pressed for review: (1) Did the trial judge err when he ruled that he had jurisdiction over this cause? and (2) Did the trial judge err when he ruled the defendants had a duty to disclose the presence of fuel additives in the gasoline offered for sale? We answer the first in the negative and latter in the affirmative.

I. THE ANATOMY OF LITIGATION

¶2 In May 2008... More...
   $0 (01-19-2010 - OK)

Julie Nieto v. Blue Shield of California

Plaintiff and appellant Julie Nieto failed to disclose information about her medical condition and treatment on a health insurance application she submitted to defendant and respondent Blue Shield of California Life & Health Insurance Company (Blue Shield). She filed an action against Blue Shield after it rescinded her insurance policy. The trial court granted Blue Shield‘s motion for summary ju... More...   $0 (01-19-2010 - CA)

Rex Carr v. Stephen M. Tillery, et al.

Rex Carr, a successful class action lawyer in southern Illinois, is locked in mortal combat with his former law partners, the defendants in a RICO case (with a supplemental state-law claim, 28 U.S.C. § 1367) that he brought in federal district court.

The dispute is over the division of legal fees in cases handled by the law firm (Carr Korein Tillery, LLC) before it broke up; Carr is seekin... More...
   $0 (01-19-2010 - IL)

Bea Antisdel v. Jeffrey A. Ashby, M.D., et al.

In this appeal, we consider whether the circuit court erred in holding that an administrator of an estate appointed solely for the purpose of bringing a wrongful death action under Code § 8.01-50 lacked standing to assert survival claims on behalf of the estate.

Peter Antisdel died from a self-inflicted gunshot wound in August 2003. In 2005, his mother, Bea Antisdel (Antisdel), sought appo... More...
   $0 (01-15-2010 - VA)

St. Paul Travelers v. Robert Minstone as Trustee of the Montgomery Scrap Corporation Profit Sharing Plan

Maryland Code (1974, 2006 Repl. Vol.), § 5-101 of the Courts and Judicial
Proceedings Article (CJ) provides:

"Three-year limitation in general.

"A civil action at law shall be filed within three years from the date it
accrues unless another provision of the Code provides a different period of
time within which an action shall be commenced."
Maryland Code (1975, 2... More...
   $0 (01-15-2010 - M)

Linda F. Seals v. H & F, Inc.

Rodney Leon Boling (the “Decedent”) died on October 28, 2007. At the joint request of his fiancĂ©e and his fourteen-year-old son, whose names are not a part 2 of this limited record, the body was cremated by the defendants, H & F, Inc. (“H & F”), a funeral home operator, and Sellars Cremation Service, Inc. (“Cremation Service”) (the “Defendants”). While H & F made contractual arran... More...   $0 (01-15-2010 - TN)

Arete Partners, LP v. Rudolf W. Gunnerman

Arete Partners, L.P. sued Rudolf Gunnerman for breach of contract and fraud in connection with a settlement agreement entered by the parties. Gunnerman appeals from the district court’s judgment finding in favor of Arete on its fraud claim, arguing that the district court erred by: (1) misapplying Texas law to find that Gunnerman had fraudulent intent; (2) finding fraudulent intent based on the ... More...   $0 (01-15-2010 - TX)

Sherri Pate v. Patricia Dieu

Sherri Pate sued Patricia Dieu on an auto negligence theory claiming that she was injured in an accident near Wentzville, Missouri. Plaintiff claimed that Dieu drove too fast in a construction zone and did not know how to drive properly while pulling a trailer. Pate was her passenger. Plaintiff sought $50,000 in damages.

The defenses asserted by Defendant are not available.... More...
   $7595 (01-15-2010 - IL)

Oscar Jewell Taylor and Barbara Taylor v. Eliseo Carbajal and Argelia Carbaja

Oscar Jewell Taylor and Barbara Taylor appeal a judgment that declares the parties' rights concerning the exercise of an option to purchase land that the Taylors leased to Eliseo Carbajal and Argelia Carbajal. The sole issue raised on appeal contends the Carbajals failed to give timely notice of their intent to exercise their option to purchase the property. We hold that the trial court did not er... More...   $0 (01-14-2010 - TX)

Robert Chavez v. City of Los Angeles

“Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) The litigation costs that the prevailing party may recover include attorney fees when recovery of such fees is authorized by statute. (Id., § 1033.5, subd. (a)(10)(B).) But when “the prevailing party rec... More...   $0 (01-14-2010 - CA)

Grabill Cabinet Company, Inc. v. Debra C. Sullivan

Appellant/Plaintiff Grabill Cabinet Company appeals from the trial court‟s grant of summary judgment in favor of Appellee/Defendant Debra Sullivan. We reverse and remand with instructions.

FACTS

Sullivan is a former manager and member of Kitchens, Baths, & More, LLC (“KBM”), a Florida company. On May 18, 2006, KBM submitted a credit application to Grabill, which application l... More...
   $0 (01-14-2010 - IN)

BCD, L.L.C. v. BMW Manufacturing Company, L.L.C.

Clifford Rosen, a developer serving as the principal behind the entities of BCD LLC, Rosen Campus I LLC, CR-MERC LLC, and Rosen-WT Management LLC, appeals from the grant of summary judgment against him on his claims of tortious interference with contract, intentional interference with prospective contractual relations, and civil conspiracy. The district court disposed of the case on alternative gr... More...   $0 (01-14-2010 - SC)

City of Deadwood v. M.R. Gustafson Family Trust

[¶1.] The M.R. Gustafson Family Trust (Gustafson) sought to demolish a building located in the City of Deadwood (City). The building was included on both the national and state registers of historic places. The City informed Gustafson that, under a City ordinance, review and permitting by the local Historic Preservation Commission (HPC) was necessary to demolish the building. Gustafson contended ... More...   $0 (01-13-2010 - SD)

Carolyn Hall-Williams v. Law Office of Paul C. Miniclier, PLC

Intervenor plaintiff–appellant, the Law Office of Paul C. Miniclier, PLC, appeals the district court’s judgment awarding him partial attorney’s fees and costs in his attorney’s fees dispute with his former client, plaintiff-appellee Carolyn Hall–Williams. We determine that the district court erred in denying Miniclier’s motion to stay proceedings pending arbitration, and accordingly, w... More...   $0 (01-13-2010 - LA)

Norman A. Lockshin, M.D., P.A. v. Barbara S. Semsker

The Circuit Court for Montgomery County held in this litigation, among other things, that the plain meaning of Md. Code, Courts & Judicial Proceedings Article1 § 3-2A-09(a) (1974, 2006 Repl. Vol.), which states that the monetary cap on non-economic damages for health care malpractice claims appearing in § 3-2A-09(b) applies “to an award under § 3-2A- 05 of this subtitle or a verdict under § ... More...   $0 (01-13-2010 - MD)

Catherine Farrell v. Twenty-First Century Insurance Company

In this action to compel arbitration, the plaintiffs, Catherine Farrell and Olivia Farrell, appeal from the summary judgment rendered in favor of the defendant, Twenty-First Century Insurance Company.

We affirm the judgment of the trial court.

The following facts and procedural history are relevant to the plaintiffs’ appeal. John Farrell, Catherine Farrell, Olivia Farrell and C... More...
   $0 (01-12-2010 - CT)

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