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Declaratory Judgment Law
 
Duarte Nursery v. Cal. Grape Rootstock Improvement Comm

Plaintiff Duarte Nursery, Inc., sells grape rootstock, the part of grapevines that becomes the root system. (Food & Agr. Code, §§ 74718, 74725; undesignated statutory references are to this Code.) Plaintiff challenges mandatory assessments it must pay to the California Grape Rootstock Improvement Commission to help fund research for pest-resistant and drought-resistant rootstock. (§§ 74701-7479... More...   $0 (08-25-2015 - CA)

Joseph B. Murphy v. DCI Biologicals Orlando, LLC, et al.

DCI buys and resells blood products through plasma collection centers
across the United States. Mr. Murphy was paid for multiple blood plasma
donations he made at a collection center during the spring of 2010. Before
donating, Mr. Murphy filled out medical release and acknowledgement forms, as
well as a “New Donor Information Sheet,” which asked for information required
... More...
   $0 (08-22-2015 - FL)

JOHN J. SULLIVAN vs. GARY RODEN

Sullivan delivered a letter that he had written to Nelia Sousa, a female correction officer. In the letter, Sullivan stated that he had developed "an attraction" to Sousa, described their interactions as "courting," requested that she move him into her unit so they
1 Individually and in his capacity as superintendent of Massachusetts Correctional Institution at Norfolk (MCI-Norfolk). 2 In... More...
   $0 (08-22-2015 - MA)

Bais Yaakov of Spring Valley v. ACT, Inc.

On certified interlocutory
review under 28 U.S.C. § 1292(b), we hold that a rejected and
withdrawn offer of settlement of the named plaintiff's individual
claims in a putative class action made before the named plaintiff
moved to certify a class did not divest the court of subject matter
jurisdiction by mooting the named plaintiff's claims.
I. Background
ACT, Inc., is a... More...
   $0 (08-21-2015 - MA)

Filo Foods, LLC v. City of SeaTac

The SeaTac Committee for Good Jobs (Committee) is a coalition of
individuals, businesses, neighborhood associations, immigrant groups, civil rights
groups, faith organizations, and labor organizations. In June 2013, the Committee
circulated a petition to city of SeaTac voters that proposed a set of minimum
employment standards for certain hospitality and transportation employer... More...
   $0 (08-20-2015 - WA)

Cardiovascular Provider Resources Inc. v. Charles Gottlich, M.D.

Cardiovascular Provider Resources Inc. appeals a jury verdict in favor of Charles Gottlich, M.D. on his claim for misappropriation of his name. Bringing four issues, CPR contends the evidence is legally insufficient to support the jury’s findings on liability and damages. CPR further contends the trial court erred in failing to award it attorney’s fees under the Texas Theft Liability Act. After re... More...   $0 (08-18-2015 - TX)

Dowd Grain Co. v. County of Sarpy

On March 9, 2004, the Sarpy County Board of Commissioners supplemented the Sarpy County zoning ordinances by adopting an overlay district zoning ordinance (overlay ordinance). In effect, the overlay ordinance imposed additional regulations on land along a specified road corridor. These regulations included design guidelines. The original overlay ordinance applied only to future developments. It st... More...   $0 (08-17-2015 - NE)

Ingrid Anderson v. City of Blue Ash

This appeal is the latest chapter in an ongoing dispute between Ingrid Anderson and the City of Blue Ash, Ohio, over whether Anderson can keep a miniature horse at her house as a service animal for her disabled minor daughter, C.A. C.A. suffers from a number of disabilities that affect her ability to walk and balance independently, and the horse enables her to play and get exercise in her backya... More...   $0 (08-15-2015 - )

Citizens United Reciprocal Exchange v. Sabrina A. Perez

In this appeal we consider whether the issuer of a basic
automobile insurance policy, voided due to a fraudulent
application, must pay the liability claims of innocent third
parties. The insurer takes the position that it should not be
required to pay any claims to injured third parties because
N.J.S.A. 39:6A-3.1 does not mandate a minimum amount of
liability coverag... More...
   $0 (08-13-2015 - NJ)

Celebration Worship Center, Inc. v. Patrick Tucker and Carolyn P. Tucker, A/K/A Patty Tucker

This appeal challenges summary judgment for claimants establishing title to and use of real property by adverse possession and by prescriptive easement. Finding no genuine issue of material fact, we affirm the trial court.
In June 2011, the appellant/plaintiff Celebration Worship Center ("the church") filed a complaint for declaratory judgment, seeking to determine the boundary line be... More...
   $0 (08-12-2015 - IN)

Jennie Rosenbrahn v. Dennis Daugaard

Sioux Falls, SD - Eighth Circuit holds that South Dakota constitutional prohibition against same sex marriage is unconstitutional

Plaintiffs are six same-sex couples seeking to marry in South Dakota or to have
their marriage in another state recognized in South Dakota. They also seek state
benefits incident to marriage. The district court1 granted Plaintiffs’ motion for
1The H... More...
   $0 (08-11-2015 - SD)

Rita Jernigan v. Dustin McDaniel

Little Rock, AR - Eight Circuit holds that same sex prohibition in Arkansas Constitution is unconsitutional

Plaintiffs are two same-sex couples seeking to marry in Arkansas or to have
their marriage in another state recognized in Arkansas. They also seek state benefits
incident to marriage. The district court1 granted Plaintiffs’ motion for summary
judgment, finding laws denyi... More...
   $0 (08-11-2015 - AR)

Grinnell Mutual Reinsurance v. Kelly Stuart Schmidt

Minneapolis, MN - Eight Circuit finds in favor of insured on insurance policy

Grinnell Mutual Reinsurance Company (Grinnell) appeals the district court's1
grant of summary judgment in favor of Jerome and Kelly Schmidt in this insurance
coverage dispute. The district court determined a farm policy issued to the Schmidts
provided coverage for an accident involving an all-terrain... More...
   $0 (08-11-2015 - MN)

Edwin Aguero Jimenez v. Dole Food Company, Inc.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in other fede... More...   $0 (08-11-2015 - DE)

Benihana of Tokyo Inc v. Benihana Inc

We only need summarize the facts of this case. Rocky Aoki founded appellant
Benihana of Tokyo, Inc. in 1963. The success of the Benihana undertaking led appellant
to open numerous Benihana restaurants. Though the parties have set forth the Benihana
corporate history at length in their briefs, it is sufficient for our purposes to indicate that
the Benihana interests subsequen... More...
   $0 (08-11-2015 - )

TOBIAS BERMUDEZ CHAVEZ, et al., v. DOLE FOOD COMPANY, INC., et al.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction,
7
the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previousl... More...
   $0 (08-11-2015 - PA)

Central States, SE v. Student Assurance Services

This appeal arises out of an insurance coverage dispute between Central States,
Southeast and Southwest Areas Health and Welfare Fund, an ERISA plan, and two
insurance companies, Columbian Life Insurance Company and Security Life
Insurance Company of America. In essence, both sides contend that the other bears
primary responsibility to cover medical expenses incurred by their commo... More...
   $0 (08-10-2015 - MN)

American National Property and Casualty Company v. Carol Ann Stutte

Knoxville, TN - American National Property and Casualty Company sued Carol Ann Stutte and Laura Jean Stutte on a declaratory judgment action theory claiming that it did not owe the Defendants damages for the damages sustained by them as a result of a fire that damaged their home in Vonore, Tennessee. Plaintiff claimed that the Defendants set the fire that damaged their home after spray-paining th... More...   $0 (08-08-2015 - TN)

Grayson Hare, Jr. v. Shirley Simpson

Grayson Hare, Jr. has sued four Pennsylvania residents for forgery, aiding and abetting fraud, intentional infliction of emotional distress, and civil conspiracy. Defendants-Appellees are Hare’s step-sister, Shirley Simpson; Simpson’s attorney, Gilbert Malone; Malone’s paralegal, Pauline Gima; and Simpson’s real estate broker, Barbara Burns. Essentially, Hare alleges that Appellees conspired to ... More...   $0 (08-08-2015 - PA)

Gladys Gardner v. GMAC, Inc.

The main question raised by this appeal is when borrowers may seek a remedy after their creditors violate the repossession notice requirements in Maryland’s Credit Grantor Closed End Credit Provisions (“CLEC”), Md. Code Ann., Com. Law § 12-1001 et seq. Because we conclude that CLEC requires borrowers to have repaid more than the original principal amount of their loans before they are entitled to ... More...   $0 (08-07-2015 - )

Bancinsure, Inc. v. Federal Deposit Insurance Corporation

This case presents the question whether claims by the FDIC as receiver
(FDIC-R) of Columbian Bank & Trust (Columbian) against three ex-directors of
Columbian are covered under a Directors and Officers Liability Insurance Policy
(the policy). Defendant-Appellants Carl McCaffree, Jimmy D. Helvey, and Sam
McCaffree (director-defendants) and the Federal Deposit Insurance CorporationMore...
   $0 (08-06-2015 - KS)

Marc Veasey v. Greg Abbott

In 2011, Texas (“the State”) passed Senate Bill 14 (“SB 14”), which requires individuals to present one of several forms of photo identification in order to vote. See Act of May 16, 2011, 82d Leg., R.S., ch. 123, 2011 Tex. Gen. Laws 619. Plaintiffs filed suit challenging the constitutionality and legality of the law. The district court held that SB 14 was enacted with a racially discriminatory pur... More...   $0 (08-06-2015 - TX)

Eric M. Berman, P.C., et al. v. City of New York, et al.

18 This case returns to us following certification to the New York Court of
19 Appeals. Defendants‐Appellants the City of New York, the New York City
20 Council, the New York City Department of Consumer Affairs, and Commissioner
21 of the New York City Department of Consumer Affairs Julie Menin appeal from a
22 judgment of the United States District Court for the Eastern Dist... More...
   $0 (08-05-2015 - NY)

MONTGOMERY COUNTY, PENNSYLVANIA, RECORDER OF DEEDS v. MERSCORP INC

MERSCORP, Inc., now known as MERSCORP Holdings, Inc., is the parent company that owns and operates the system, while Mortgage Electronic Registration Systems, Inc. is the entity that serves as mortgagee of record in local land recording offices. Additional background and explanation of how MERS operates is set forth in the District Court’s opinion. 2 The Recorder did not plead a quiet title claim... More...   $0 (08-04-2015 - PA)

Lee Pacific Properties v. Century Pacific Equity Corporation

Because this is an equitable case, the Court of Appeals, “acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record.” ORS 19.415(3)(b). No party has requested that we exercise our discretion to review de novo. Nevertheless, as explained below, 272 Or App at 635, the trial court’s interpretation of the parties’ settlement agreeme... More...   $0 (08-03-2015 - OR)

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