¶1 This case involves the rule against perpetuities and its application to a commercial real estate sales agreement. For the following reasons, we find that the rule against perpetuities does not render void a commercial real estate sales agreement that fails to include a specific time period for performance if it is reasonable to conclude that the parties intended performance within a reasonable... More...   $0 (07-03-2008 - AZ)

¶1 Home Builders Association of Central Arizona ("Home Builders" or "the Association") appeals from the superior court’s order dismissing its special action complaint for lack of standing.

BACKGROUND

¶2 Maricopa County Air Quality Control Department ("MCAQCD") and Maricopa County Air Quality Control Officer Robert Kard (collectively "the Defendants") are charged with enforcing ai... More...   $0 (07-08-2008 - AZ)

Respondent Siena Court Homeowners Association (Siena Court) filed a construction defect action against respondents Green Valley Corporation, et al. (Green Valley). Green Valley was the developer of the Siena Court condominium complex. Appellant University Gardens Condominium Owners Association (University Gardens) sought to intervene in the construction defect action on the ground that it had an i... More...   $0 (07-18-2008 - CA)

Standard comprehensive liability insurance policies provide that the insurer must both indemnify and defend the insured against claims within the scope of the policy coverage. The insurer’s duty to defend is broader than its duty to indemnify. The latter duty runs only to claims that are actually covered by the policy, while the duty to defend extends to claims that are merely potentially covere... More...   $131274 (07-21-2008 - CA)

Plaintiffs Troy Peterson and Michael Jackson appeal from the judgment dismissing their case with prejudice after the court sustained the demurrers of defendant Cellco Partnership, doing business as Verizon Wireless, to plaintiffs’ (1) unfair competition cause of action under Business and Professions Code section 17200 et seq.1 (UCL) in their second amended complaint, and (2) unjust enrichment ca... More...   $0 (07-22-2008 - CA)

The defendants, Frank Colaccino, the Colvest Group, Ltd., and Colvest/North Haven, LLC,1 and the plaintiff, Location Realty, Inc., appeal and cross appeal, respectively, from the judgment of the trial court, after a bench trial, awarding the plaintiff, Location Realty, Inc., certain real estate commissions on the basis of unjust enrichment. In their appeal, the defendants claim that the trial cour... More...   $0 (07-08-2008 - CT)

The sole issue in this certified appeal is whether the trial court properly refused to charge the jury on the defendant’s special defense of late notice in this action for breach of an insurance contract. The defendant, Hartford Fire Insurance Company (Hartford), appeals, following our grant of certification,1 from the judgment of the Appellate Court, which affirmed the judgment of the trial cou... More...   $0 (07-08-2008 - CT)

Defendants Northeast Vehicle Services, LLC, East Brookfield & Spencer Railroad, LLC ("EB&SR"); Holston Land Company, Inc., CSX Real Property, Inc., Steven Pugliese, and George Bell all play various roles in the ownership and operation of an automobile distribution facility located in the towns of East Brookfield and Spencer, Massachusetts. Footnote Plaintiffs, Leo and Sara Fayard, own a seventeen-... More...   $0 (07-22-2008 - MA)

In early September 2003, James Reyelt and William and Louise Danzell (hereinafter "Danzells") completed a contract for the sale of Reyelt's waterfront property in Barrington, Rhode Island to the Danzells. The property had two houses on a single lot, meaning that the local zoning board had to approve any changes to the buildings; and the Danzells, anxious to enlarge the present livable space, were ... More...   $0 (07-22-2008 - RI)

We consider whether the standard Adjusted Gross Revenue Insurance Policy, a policy which provides crop revenue insurance pursuant to the Federal Crop Insurance Act, incorporates and mandates the claim adjustment procedures set forth in the Federal Crop Insurance Corporation’s Adjusted Gross Revenue Standards Handbook. We hold that it does.

JURISDICTION

The district court had jurisd... More...   $0 (07-14-2008 - )

Sony Computer Entertainment America, Inc. appeals the district court’s summary judgment in favor of defendants American International Specialty Lines Insurance Company and American Home Assurance Company. Sony sued the sister insurance companies for failing to indemnify and defend it in a class action suit alleging product defects in a video game system known as the Sony PlayStation 2. The distr... More...   $0 (07-15-2008 - CA)

This case requires us to determine whether a lender's right to enforce a promissory note's acceleration clause has been waived by lender's repeated acceptance of late monthly payments from its borrower. The district court granted summary judgment to lender, Foundation Property Investments, LLC (Foundation), holding that Foundation was entitled to accelerate. The borrower, CTP, LLC (CTP), appealed,... More...   $0 (07-03-2008 - KS)

Plaintiffs (the “Garcias”) brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671, 2674, for personal injuries and damages sustained from exposure to toxic mold in their on-base housing unit at Holloman Air Force Base (“HAFB”) in New Mexico. They allege that the mold resulted from water that penetrated their home through a leak in their roof, and t... More...   $0 (07-21-2008 - NM)

Richard Campfield is both an owner of an auto-glass repair shop and the holder of fourteen patents for processes to repair or prevent windshield cracks. He believes, contrary to industry practice, that it is feasible—indeed, safer—to repair many windshield cracks between six and eighteen inches long rather than to replace the windshield. In 2003, apparently exasperated with his lack of success... More...   $0 (07-20-2008 - )

In 1992, Defendant-Appellee Public Service Company of Oklahoma (“PSO”) used the eminent domain authority granted to it under Oklahoma law to condemn an easement across property owned by Plaintiff-Appellant B. Willis, C.P.A., Inc. (“Willis”). Willis, in turn, invoked remedies available under Oklahoma law, first to challenge, before a state court judge, the necessity for PSO to condemn this ... More...   $0 (07-20-2008 - OK)

[¶1.] Joseph Berbos purchased real property from Harold and Gwen Krage on a contract for deed. When the parties disputed ownership of a building encroaching onto land not sold in the contract, Berbos withheld his last payment and brought suit for specific performance. After a hearing, the circuit court granted summary judgment for Berbos, ruling that the parties intended to convey the entire buil... More...   $0 (07-19-2008 - SD)

Plaintiff, Todd Montgomery, contacted defendant, Nostalgia Lane, Inc., to restore his 1970 Plymouth Roadrunner. Defendant inspected the vehicle and provided plaintiff a written estimate that the project was expected to cost $35,000 but that the final bill would reflect the actual cost of parts and labor. Plaintiff agreed to the project and paid installments amounting to $33,500, but defendant devi... More...   $0 (07-18-2008 - IL)

Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant... More...   $0 (07-18-2008 - IL)

The plaintiffs, Randy Geisler, Michael Van Winkle, and Stacey M. Curtis, appeal the order of the circuit court of Madison County that entered a judgment in favor of the defendants, the City of Wood River, Illinois (the City), and Wood River Partners, LLC (the developer), on the plaintiffs' second amended complaint (the complaint). The plaintiffs raise numerous issues on appeal, which we restate as... More...   $0 (07-18-2008 - IL)

Plaintiff-appellant Stacey Gregory, individually and as special administrator of the estate of her deceased husband Larry Gregory (plaintiff),1 filed a complaint at law in Illinois sounding in negligence against a multitude of defendants,2 including defendants-appellants Beazer East (Beazer), Bondex International (Bondex), Exxon Mobil (Mobil), Georgia-Pacific Corporation (Georgia-Pacific) and Unio... More...   $0 (07-18-2008 - IL)

In this personal injury case, the jury’s damages award included the full amount of plaintiff’s billed medical expenses. At issue is whether the trial court erred in reducing the jury’s award of medical expenses to the amount actually paid by Medicaid and Medicare in full settlement of the bills. In addressing this issue, we will answer questions about the operation of the collateral source r... More...   $0 (07-17-2008 - IL)

In September 2001 the Shoreline Towers Condominium Association adopted rules for the hallways of its building at 6301 North Sheridan Road in Chicago. The rules provide, among other things, that “[m]ats, boots, shoes, carts or objects of any sort” may not be placed outside owners’ doors. The rules also prohibit signs on doors or in hallways. Lynne Bloch, who was on the association’s board a... More...   $0 (07-17-2008 - IL)

Steven Peters suffered a shoulder injury while he was employed by Gilead Sciences, Inc. He took a relatively short medical leave to have corrective surgery, and when his condition did not improve after returning to work, he took another leave. During his second absence, Gilead filled his position with another employee, and when Peters returned to work, Gilead offered him a different position. He d... More...   $0 (07-17-2008 - IN)

In the late 1990s, Paul Bariteau lost nearly $14 million that he had invested in the Military Channel after the company’s vice president and chairman, Lenny Krane, made several unauthorized withdrawals from the company’s account with PNC Bank.

In 2006, after obtaining a default judgment against the judgment-proof Krane, Bariteau filed a complaint against PNC, alleging that PNC had brea... More...   $0 (07-16-2008 - KY)

This case involves a battle between two insurance companies over what portion of a $3.75 million wrongful death settlement each of them should be required to pay. Plaintiffs, American Automobile Insurance Co. and American Insurance Co. (collectively referred to as “American”), argue that the district court erred in holding that Defendant, Transportation Insurance Co. (“Transportation”), wa... More...   $0 (07-16-2008 - MI)