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Construction Law
 
Dawn McIntyre v. Sonoma Valley Unified School District

Dawn McIntyre (McIntyre), a former employee of the Sonoma Valley Unified School District (the District), filed a petition for writ of mandate (Code Civ. Proc., § 1085) to compel the District to reinstate her as a permanent tenured teacher. The primary issue in this case is whether the District had a mandatory duty under the Education Code to classify McIntyre as a “probationary” employee rath... More...   $0 (05-22-2012 - CA)

Fern Barker v. Hennessy Industries, Inc.

The trial court granted summary judgment in favor of defendant and respondent Hennessy Industries, Inc. (Hennessy) on the asbestos-related wrongful death complaint filed by plaintiffs and appellants Fern Barker, James Barker, Carmen Barker and Tamara Worthen (appellants), the widow and surviving children of decedent Richard Barker (Barker). Hennessy manufactured machines Barker had used in his wor... More...   $0 (05-22-2012 - CA)

James E. Jones v. Carrie L. Jones

{¶ 1} This is an appeal from a judgment of the Lucas County Court of Common Pleas, Domestic Relations Division, which granted the parties, plaintiff-appellee, James E. Jones, and defendant-appellant, Carrie L. Jones, a divorce from each other, designated appellee the residential parent and legal custodian of the parties’ two minor children, awarded appellant parenting time with the minor childr... More...   $0 (05-18-2012 - OH)

Luis Virgilio v. The Ryland Group, Inc.

This is a class action. It was brought in April 2008 by Luis and Norma Virgilio on behalf of themselves and others who purchased houses from a builder, the Ryland Group, Inc. (“Ryland”), in the Newport subdivision of Vista Lakes, a residential development in Orlando, Florida.1 The Newport subdivision is adjacent to land known as “Pinecastle.” Pinecastle was used as a bombing range during W... More...   $0 (05-18-2012 - FL)

First Quality Carpets, Inc. v. Warren Kirschbaum and Wynne Kirschbaum

¶ 1. BURGESS, J. Appellants Warren and Wynne Kirschbaum (the Kirschbaums) appeal the ruling of the Chittenden Civil Division in favor of appellee First Quality Carpets, Inc. (First Quality) in a dispute over carpet installed in 2007. The Kirschbaums argue that the civil division erred in awarding First Quality attorney’s fees under 9 V.S.A. § 4007(c) of the Prompt Pay Act becau... More...   $0 (05-17-2012 - VT)

Kevin T. Morton v. Hung Nguyen

Appellant Kevin T. Morton entered into a contract for deed to sell his house to appellees Hung and Carol S. Nguyen. After the Nguyens rescinded the contract pursuant to the Texas Property Code, Morton sued the Nguyens for breach of contract. The Nguyens counterclaimed, seeking (1) a finding that the cancellation and rescission was proper under the Texas Property Code and a refund of all payments m... More...   $0 (05-17-2012 - TX)

Ronald C. Toler vna Vicky Lynn Sanders

After eleven years of marriage, Ronald C. Toler (Ron) and Vicky Lynn Sanders (Vicky) began divorce proceedings. They decided to resolve any conflicts relating to their division of community property with a mediator’s assistance and entered into a mediated settlement agreement (MSA). See Tex. Fam. Code Ann. § 6.602 (West 2006). After signing the MSA, however, Ron claimed that the writing did ... More...   $0 (05-17-2012 - TX)

Edvin C. Remund v. State Farm Fire and Casualty Company

Plaintiff-Appellant Edvin C. Remund appeals the district court’s order granting summary judgment to Defendant-Appellee State Farm on Mr. Remund’s state-law claims for breach of warranty and estoppel. Mr. Remund alleges that the State Farm insurance agent who sold him a Standard Flood Insurance Policy (“SFIP”) under the National Flood Insurance Program (“NFIP”) misled him about the scop... More...   $0 (05-17-2012 - UT)

Cecil Young v. City of Bridgeport

The plaintiff, Cecil Young, appeals from the judgment of the trial court rendered in favor of the defendant, the city of Bridgeport. On appeal, the plaintiff claims that the court improperly rendered judgment for the defendant on the basis of its factual finding that the plaintiff was not the defendant’s employee. We agree with the court’s finding that the plaintiff was not the defendant’s e... More...   $0 (05-17-2012 - CT)

Darlene L. Hopson v. Derek S. Hopson

The defendant, Derek S. Hopson, appeals from the judgment of the trial court ordering him to reimburse his former wife, the plaintiff, Darlene L. Hopson, for one half of their son’s college expenses pursuant to their separation agreement, denying his motion for a credit toward these expenses in the amount of child support payments he made after the son entered college and denying his request for... More...   $0 (05-17-2012 - CT)

Lisa Grissom v. First National Insurance Agency

Lisa Grissom (Grissom) filed a garnishment action against General Insurance Company of America (GICA) seeking to satisfy a judgment entered on Grissom’s Missouri Human Rights Act (MHRA) claim (hereinafter referred to as the underlying judgment) from a GICA insurance policy. Both parties moved for summary judgment, and the trial court entered judgment in Grissom’s favor. None of the material fa... More...   $0 (05-16-2012 - MO)

Joseph Rothman v. Daniel Rothman

An alleged incapacitated person (AIP) petitions this court for a writ of mandamus requiring the trial court to dismiss a petition to determine his capacity. He argues the trial court must dismiss the petition because two of the three members of a committee appointed to evaluate him have twice found him capacitated. § 744.331(4), Fla. Stat. (2010). We agree and grant the petition.

The AIP... More...
   $0 (05-16-2012 - FL)

City of Livermore v. Dennis E. Baca

Dennis E. Baca appeals a judgment entered in an action for eminent domain commenced by the City of Livermore. On appeal, Mr. Baca asserts the trial court erred in excluding all of his proffered evidence of permanent and temporary severance damages related to the takings during in limine motions. Mr. Baca argues the court‟s exclusion of all of his evidence was tantamount to granting a nonsuit in ... More...   $0 (05-16-2012 - CA)

Flying J, Inc. v. Meda, Inc. d/b/a AAA Auger

Appellee Meda, Inc. sued appellant Flying J, Inc. for breach of contract. Flying J counterclaimed for breach of contract, breach of implied warranty, and negligence. On appeal, Flying J asserts (1) the trial court improperly directed a verdict against Flying J’s breach of contract cause of action, (2) the trial court impermissibly commented on the weight of the evidence, (3) the trial court erro... More...   $0 (05-16-2012 - TX)

Guillermo Herrera v. Churchill McGee, LLC

Guillermo Herrera filed this lawsuit against his former employer, Churchill McGee, LLC, and its two owners (collectively, “Churchill McGee”), alleging discrimination and retaliation under state and federal law. The district court dismissed Herrera’s claims on the ground that Herrera had previously filed an administrative complaint alleging discrimination with a county human rights commission... More...   $0 (05-16-2012 - KY)

Russell W. Chavez v. Navajo Nation Tribal Courts

Russell W. Chavez is a member of the Navajo Nation, a federally recognized Indian Tribe. He filed in federal district court a pro se 42 U.S.C. § 1983 civil rights complaint against the Navajo Nation and various Tribal officials. Defendants moved to dismiss the case for failure to state a claim under Fed. R. Civ. P. 12(b)(6).

The district court dismissed the case for lack of jurisdiction. T... More...
   $0 (05-16-2012 - NM)

Michael Tomick v. United Parcel Service

The defendants, United Parcel Service, Inc., and Kevin Trudelle,1 appeal from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Michael Tomick. On appeal, the defendants claim that the court improperly (1) denied their motions to direct and to set aside the verdict with respect to the plaintiff’s claims of negligent infliction of emotional distress and viol... More...   $0 (05-16-2012 - CT)

Doreen Joseph v. Auto Club Insurance Associastion, a/k/a A.C.I.A

We granted defendant Auto Club Insurance Association’s bypass application for leave to appeal in this case to determine whether the minority/insanity tolling provision of MCL 600.5851(1) applies to toll the one-year-back rule in MCL 500.3145(1) of the no-fault act. The one-year-back rule is designed to limit the amount of benefits recoverable under the no-fault act to those losses occurring no m... More...   $0 (05-15-2012 - MI)

Charles D. Gianetti v. Norwalk Hospital

In this breach of contract action, which comes before the court for the third time in twentyfour years,1 the named defendant, Norwalk Hospital,2 appeals, and the plaintiff, Charles D. Gianetti, a retired plastic surgeon, appeals, from the judgment of the trial court rendered in favor of the plaintiff following a hearing in damages.3 On appeal, the hospital claims that the trial court improperly (1... More...   $0 (05-15-2012 - CT)

Luis Patino v. Birken Manufacturing Company

The central issue presented by this appeal1 is whether General Statutes § 46a-81c (1)2 imposes liability on employers for failing to take reasonable steps to prevent their employees from being subjected to hostile work environments based on their sexual orientation. The plaintiff, Luis Patino, commenced this action against the defendant, his former employer, Birken Manufacturing Company, claiming... More...   $0 (05-15-2012 - CT)

Melissa McBride v. Christopher McBride

{¶ 1} Appellant, Christopher McBride ("Father"), appeals a decision of the Butler County Court of Common Pleas, Domestic Relations Division, granting a civil protection order ("CPO") in favor of appellee, Melissa McBride ("Mother"), acting on behalf of the parties' minor children. For the reasons stated below, we affirm the trial court's decision.

{¶ 2} Mother and Father were married and ... More...
   $0 (05-14-2012 - OH)

Joy Cash v. Iola Winn

When a family hires an employee to care for an elderly person in his or her home, is the employee entitled to overtime pay? Under California law, the answer depends on the type of work performed by the caretaker. If the employee performs work of a "personal attendant[ ]," defined to mean "a person employed . . . to supervise, feed, or dress" the client, the caretaker is exempt from overtime pay re... More...   $0 (05-14-2012 - CA)

Mai Roquemore v. E.R. Express

Nickie Donald died when an oversized twenty-eight-ton beam struck an overpass, fell off the back of the trailer transporting it, and crushed the cab of his truck, which was on the highway behind the trailer carrying the beam. Mai Roquemore, representing the estate of the decedent, brought a diversity wrongful death action. The district court granted motions for summary judgment in favor of three d... More...   $0 (05-14-2012 - MI)

Marla James; Wayne Washington; James Armantrout; Charles Daniel DeJong v. City of Costga Mesa

The plaintiffs are severely disabled California residents. They alleged that [c]onventional medical services, drugs and medications have not alleviated the pain caused by their

impairments. Each of them has therefore obtained a recom- mendation from a medical doctor to use marijuana to treat her pain. This medical marijuana use is permissible under California law, see Cal. He... More...
   $0 (05-11-2012 - CA)

Gregory Lasky v. Moorestown Township

Plaintiff Gregory Lasky, a paraplegic, filed suit against defendant Moorestown Township, alleging that defendant discriminated against him by not providing him access to Strawbridge Lake Park (park), in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101-

12213 (1990), and the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. A jury ... More...
   $0 (05-11-2012 - NJ)

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