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Construction Law
 
Acme Contracting, Inc. v. Toltest, Inc.

The consolidated appeals in this diversity action involve (1) a contract dispute between plaintiff-appellee Acme Contracting, Ltd. (“Acme”), a contractor, and defendants-appellants TolTest, Inc., also a contractor, and Berkley Regional Insurance Company, TolTest, Inc.’s surety (collectively “TolTest”), and (2) a challenge to the issuance of a writ of garnishment by the district court fol... More...   $0 (03-24-2010 - MI)

Herbert Kilmer v. Elexco Land Services, Inc.

The case at bar concerns the proper construction of the term “royalty” as it is used in the Guaranteed Minimum Royalty Act (“GMRA”), 58 P.S. § 33, which governs, inter alia, leases between Pennsylvania landowners and gas companies seeking to drill natural gas wells into Pennsylvania’s Marcellus Shale deposits. As developed below, the GMRA requires that leases guarantee the landowner-les... More...   $0 (03-24-2010 - PA)

Patricia Melom v. City of Madera

Appellant contends that the City of Madera (City) violated the California Environmental Quality Act (CEQA) and the City‟s municipal code by approving a commercial retail shopping center project without preparing a subsequent or supplemental environmental impact report (EIR) for the project after the site plan for the 795,000 square feet of retail space in the project was changed so that the larg... More...   $0 (03-24-2010 - CA)

Alpha Capital Management, Inc. v. Paul Robert Rentenbach

This action against a law firm and one of its attorneys arises from events that transpired during a separation of business partners and their joint ownership interests in a company they had owned. Plaintiff Alpha Capital Management, Inc. (ACM) contended that its counsel, defendants Dykema Gossett, P.L.L.C., and Dykema attorney Paul Rentenbach, breached fiduciary duties and committed other actionab... More...   $0 (03-24-2010 - MI)

Guadalupe Betancourt v. Burning Hills Hotel

Guadalupe Betancourt sued Burning Hills Hotel claiming that Defendant violated the Americans With Disabilities Act (ADA), 42 U.S.C. 12101 which provides:



(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of dis... More...
   $0 (03-23-2010 - OK)

Gary D. Cable v. Wells Fargo Bank of New Mexico, N.A.

{1} This case requires us to determine whether the community property trust created by a married couple granted the surviving spouse the power to amend the trust’s remainder distribution schedule after the death of the first spouse. The Court of Appeals upheld the affirmative answer to that question by the district court solely on the theory that the surviving spouse’s undisputed right to with... More...   $0 (03-23-2010 - NM)

Gary D. Cable v. Wells Fargo Bank New Mexico, N.A.

{1} This case requires us to determine whether the community property trust created by a married couple granted the surviving spouse the power to amend the trust’s remainder distribution schedule after the death of the first spouse. The Court of Appeals upheld the affirmative answer to that question by the district court solely on the theory that the surviving spouse’s undisputed right to with... More...   $0 (03-23-2010 - NM)

Lt. Ken Miller v. City of Houston and Harold Hurtt

In this case arising from the disciplinary actions taken against a police officer, we are asked if an independent hearing examiner exceeded his jurisdiction in effectively reducing an indefinite suspension to a 92-day suspension. Because the hearing examiner was not authorized to impose a suspension of more than fifteen days, we reverse the trial court’s judgment and remand the case.

... More...
   $0 (03-23-2010 - TX)

Amerigraphics, Inc. v. Mercury Casualty Company

In this insurance bad faith case, respondent Amerigraphics, Inc. (Amerigraphics) sued its insurer, appellant Mercury Casualty Company (Mercury), after Amerigraphics‘s business premises were flooded, and Mercury denied full coverage under the policy. There are two primary issues on appeal.

First, what is the meaning of the ―Business Income‖ coverage in the policy which states that Me... More...
   $0 (03-23-2010 - CA)

Rachel Curry Leader v. Terry Lee Cords

Probate Code1 section 17211, subdivision (b) gives the probate court discretion to award attorney fees to a trust beneficiary who "contests the trustee's account," if the court determines the trustee's opposition to the contest was "without reasonable cause and in bad faith." The trustee's account here revealed that the trust had remaining assets and no liabilities. The trustee, however, refused t... More...   $0 (03-23-2010 - CA)

Octavio Sanchez v. San Diego County Office of Education

Education Code section 35330 (§ 35330) provides a school district immunity from liability for school district student injuries occurring during a field trip conducted by the school district. In this action, we decide whether section 35330 provides a school district immunity from liability for student injuries occurring during a field trip on property owned and operated by a school district, which... More...   $0 (03-23-2010 - CA)

William Mendoza v. ADP Screening and Selection Services, Inc.

The statute governing the “Megan‟s Law” website (MLW) includes a provision prohibiting the “use of any information that is disclosed [on the MLW] . . . for purposes relating to . . . [¶] [e]mployment,” and a provision that “[a]ny use” of information disclosed on the MLW for such a purpose “shall make the user liable for . . . actual damages, . . . and attorney‟s fees, exemplary ... More...   $0 (03-23-2010 - CA)

Mountain Bird, Inc. v. Goodrich Corporation

Mountain Bird, Inc. and Spirit Air, Inc. appeal the district court’s dismissal of their tort claims under Idaho’s economic loss rule. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

In June 1999, Spirit Air ordered a Cessna Model 208B aircraft from the Cessna Aircraft Company (“Cessna”). The plane featured an optional de-icing system “Certified for Flight in I... More...
   $0 (03-23-2010 - KS)

Securities and Exchange Commission v. Merrill Scott & Associates

This case requires us to determine the scope of certain protective orders entered to safeguard personal financial information provided by an alleged tax evader who was also the victim of a securities fraud scheme. Dr. Richard Gerber invested money with defendant Merrill Scott & Associates (Merrill Scott) under a nominee arrangement promising large tax savings. The Securities and Exchange Commissio... More...   $0 (03-23-2010 - UT)

Estate of Wavie Luster v. Allstate Insurance Company

This diversity suit for breach of an insurance contract was dismissed on summary judgment.

The suit is governed, so far as the substantive issues are concerned, by Indiana law, and the plaintiff’s appeal presents issues of both contract interpretation and Indiana insurance law.

Mrs. Luster was a widow living alone in her house in Merrillville, Indiana. She had a homeowner’s insur... More...
   $0 (03-23-2010 - IN)

Edward Carmona v. Southwest Airlines Company

Plaintiff-appellant, Edward Carmona, sued defendant-appellee, Southwest Airlines Co. (Southwest), claiming that the termination of his employment violated Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA). The case was tried before a jury, which found that Southwest had discriminated against Carmona because of his disability and awarded him $80,000... More...   $0 (03-23-2010 - TX)

Debora Palizzi, Gloria Bennett, and Palizzi & Son, Inc. v. City of Brighton

In this eminent domain action for property it desired for road improvements, the City of Brighton ("Brighton") condemned approximately 0.8 acres of agricultural land owned by Debora M. Palizzi, Gloria A. Bennett, and Palizzi & Son, Inc. (collectively "the Palizzis"). A jury awarded $204,387.15 as just compensation for the taken property, based on its highest and best use being for commercial and ... More...   $0 (03-22-2010 - CO)

Monica Allen v. Jay Dackman

Petitioners, Monica Allen and Shantese Thomas, by their mother and next-friend, Monica D. Allen,1 allege that they suffered injuries caused by lead paint while living at a property owned by Hard Assets, LLC (“Hard Assets”). We have been asked to determine whether Jay Dackman (“Respondent”), a member of Hard Assets when it owned the property,2 may be held liable for these alleged injuries. ... More...   $0 (03-22-2010 - MD)

Steven W. Gray v. Dameon L. Begley and Continental Casualty Company

While this case presents a somewhat tortured procedural history, it also presents a significant question in the field of insurance litigation. When an insurer provides an insured a defense under a reservation of rights, and the insured subsequently reaches a private settlement with the third party claimant without the participation of the insurer, may the insurer intervene in the underlying action... More...   $0 (03-22-2010 - CA)

William C. Arterberry v. County of San Diego

Civil Code1 section 714 prohibits a public entity from willfully delaying the approval of an application to install or use a solar energy system. (§ 714, subd. (e)(1).) William C. Arterberry, doing business as Farm ACW, appeals an order denying him attorney fees under subdivision (g) of section 714 in his action against the County of San Diego, the County of San Diego Department of Planning and L... More...   $0 (03-22-2010 - C)

Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company

Ariad Pharmaceuticals, Inc., Massachusetts Institute of Technology, the Whitehead Institute for Biomedical Research, and the President and Fellows of Harvard College (collectively, “Ariad”) brought suit against Eli Lilly & Company (“Lilly”) in the United States District Court for the District of Massachusetts, alleging infringement of U.S. Patent 6,410,516 (“the ’516 patent”). After ... More...   $0 (03-22-2010 - MA)

Louise Victoria Jeffredo v. Mark A. Macarro

The Pechanga Band of the Luiseño Mission Indians (“Pechanga Tribe”) disenrolled a number of its members (“Appellants”) for failing to prove their lineal descent as members of the Tribe. Federal courts generally lack jurisdiction to consider any appeal from the decision of an Indian tribe to disenroll one of its members. See Santa Clara Pueblo v. Martinez, 436 U.S. 49, 72 n.32 (1978). Appe... More...   $0 (03-22-2010 - CA)

Philip Kozma v. Starbucks Coffee Company


On March 2, 2005, plaintiff slipped and fell on ice outside of a Starbucks coffee shop in Matawan, allegedly suffering serious and permanent personal injuries. He proceeded to trial——utilizing a conventional theory of negligence——against the owner of the premises, Lionetti Enterprises, LLC; a maintenance contractor, Pavers Plus Landscaping, Inc.; and Starbucks Corporation. The jury al... More...
   $0 (03-19-2010 - NJ)

Fluke Corporation v. Gary Lemaster

We accepted discretionary review in this products liability case to resolve whether the Court of Appeals properly adopted foreign authority and correctly held that equitable estoppel barred the product manufacturer's statute of limitations defense because the manufacturer allegedly concealed product defects from government regulatory agencies. We also address whether the holding of the Court of Ap... More...   $0 (03-18-2010 - KY)

Cincinnati Insurance Company v. Motorists Mutual Insurance Company

This case requires us to decide whether a claim of defective construction against a homebuilder is, standing alone, a claim for property damage caused by an "occurrence" under a commercial general liability (CGL) insurance policy. Like the majority of courts that have considered the question, we hold that the answer is no.

I. INTRODUCTION.

II. FACTUAL AND PROCEDURAL HISTORY.
... More...
   $0 (03-18-2010 - KY)

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