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Declaratory Judgment Law
Lyle Hird v. American Family Mutual Ins. Co.

Lyle and Carol Hird appeal the judgment dismissing their bad faith claim against their insurer, American Family, denying their request for additional interest under WIS. STAT. § 628.46(1), and denying
their request for double costs and interest under WIS. STAT. § 807.01 (2013-14).1 For the reasons set forth below, we conclude that: (1) American Family is entitled to summary judgment as to ... More...
   $0 (11-25-2015 - WI)

Tulsa Stockyards, Inc. v. Clark

The Oklahoma Legislature created the State Insurance Fund (Fund) in 1933 to provide workmen's compensation insurance to public employers and to private employers who were unable to secure insurance from private insurers. 1933 Okla. Sess. Laws, ch. 28 (most recently codified at 85 O.S.1991, § 131, et seq.). The Legislature established the Fund as a revolving fund 2 in the State Treasury that consis... More...   $0 (11-23-2015 - OK)


The parties to this case (or their predecessors) developed the Mall in the early 1970s.
The Mall is not a singular property, but rather a confederation of separately owned tracts
that are integrated and governed according to a Construction, Operation and Reciprocal
Easement Agreement (“COREA”). The COREA has been modified three times, and the
operative version, the aptly named... More...
   $0 (11-22-2015 - MD)

Broom v. Wilson Paving & Excavating, Inc.

Wilson Paving & Excavating, Inc. was one of several subcontractors retained to perform services in connection with a renovation project at Sand Springs Memorial Stadium at Charles Page High School. Specifically, Wilson Paving contracted to dig trenches and lay pipe for a storm drainage system being installed under the school's athletic field. Wilson Paving utilized a local staffing agency, Labor R... More...   $0 (11-22-2015 - OK)

Odyssey Reinsurance Company v. Cal-Regent Insurance Services Corporation

The Court presumes familiarity with the undisputed facts, which are set forth in
the August Ruling. ECF No. 100 at 2-8. The Court adopts the defined terms used in
the August Ruling. III. STANDARD OF REVIEW
The court shall grant summary judgment if there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. More...
   $2740802 (11-21-2015 - CT)

Wyo-Ben, Inc., a Corporation v. Boyd J. Van Fleet

The State of Wyoming issued a gentleman by the name of D.K. Jones a patent for the property involved in this case in 1955. A couple of decades passed before he and his wife (who was on the title by that time) entered into a mining lease which covered their property and some neighboring lands with Wyo-Ben on November 1, 1970. This conveyance is known as the Jones-Manning lease. [¶4] The lease al... More...   $0 (11-19-2015 - WY)

Jeffrey Frost & a. v. Michael Delaney & a

This is the second opinion we have issued in connection with the prosecution of Frost for allegedly violating RSA chapter 397-A. See Frost v. Comm’r, N.H. Banking Dep’t, 163 N.H. 365 (2012). We begin by reviewing the statutory backdrop to this case and summarizing the relevant facts drawn from the trial court’s orders, the record, and our prior opinion. RSA chapter 397-A governs the licensing o... More...   $0 (11-17-2015 - NH)

David Loppi v. United Investors Life Insurance Co. et al

In 2003, Robert Loppi purchased a life insurance policy from United Investors Life
Insurance Co. (United Investors), in which, the parties agree, he initially named his wife,
Marilyn Loppi, as the beneficiary. In 2008, Marilyn2 filed for divorce from Robert. On July 19,
2008, Robert was served with the summons and complaint in that divorce action. However, on
July 17, 2008, ... More...
   $0 (11-16-2015 - NJ)

Continental Western Insurance Company v. James Black, Jj Bugs, Ltd., Andrew Gustafson, Individually, and as Personal Representative of Stephanie Gustafson, Charles Adsit, Joe Patterson, and Mia Patterson

On December 27, 2010, James Black purchased three refrigerated trailers from Keizer Trailer Sales, Inc. (Keizer). The purchase was made pursuant to an Offer of Purchase Agreement (Purchase Agreement) prepared by Keizer. On its front side, the Purchase Agreement set forth the total price of the trailers and specified the following terms (with our emphasis added): These trailers are being purchas... More...   $0 (11-16-2015 - WY)

Oasis Legal Finance Group v. Coffman

Oasis Legal Finance Group, LLC; Oasis Legal Finance, LLC; Oasis Legal Finance
Operating Company, LLC (collectively, “Oasis”); and Plaintiff Funding Holding, Inc.,
d/b/a LawCash (“LawCash”), operate nationwide, but they began doing business in
Colorado in 2004 and 2001, respectively. They provide money to plaintiffs with
pending personal injury claims arising from events such a... More...
   $0 (11-16-2015 - CO)

Moses v. Skandera

Since the adoption of the New Mexico Constitution on January 21, 1911, New
4 Mexico has had a constitutional responsibility to provide a free public education for
5 all children of school age. N.M. Const. art. XII, § 1. However, “no part of the
6 proceeds arising from the sale or disposal of any lands granted to the state by
7 congress, or any other funds appropriated, levied or ... More...
   $0 (11-16-2015 - NM)

Chevron Corp. v. Donziger

A provincial court in Ecuador has entered a multibillion dollar judgment against Chevron Corporation ("Chevron") in an action brought by indigenous peoples in the Amazonian rain forest (the "Lago Agrio Plaintiffs" or "LAPs").1 The gravamen of their case is alleged pollution of the rain forest in years ending in 1992 by Texaco, Inc. ("Texaco"), the stock of which Chevron acquired at the end of 2001... More...   $0 (11-15-2015 - NY)

Mason v. Fremont Investment & Loan

Plaintiff executed a note with Defendant Fremont in the amount of $128,000.00 (the “Note”) on or about September 7, 2005. See Dkt. No. 1-3 at 4, ¶ 10. The Note was secured, through a deed of trust (the “Deed of Trust”), with property located in Palmer, Texas (the “Property”). See id. at 3-4, ¶¶ 9, 11. Defendant MERS, as nominee for Fremont and its assigns, was the beneficiary of the Deed of Trust.... More...   $0 (11-15-2015 - )

Duffey v. Twentieth Century Fox Film Corp.

Duffey alleges the following background facts in the operative complaint. The court
accepts these facts as true for the purposes of this motion. Michael Coppel Promotions Pty. Ltd.
v. Michael Bolton, 982 F. Supp. 950, 953 (S.D.N.Y. 1997). This summary of the facts also
references two contracts and the Box of Flair itself, all of which are integral to the operative complaint.1 <... More...
   $0 (11-15-2015 - NY)

USF&G v. Ashley Reed

On July 12,2011, Plaintiff United States Fidelity and Guaranty Company ("USF&G")
filed a complaint against Defendants Ashley Reed Inc. ("Ashley Reed"), Scott Ressler, James
Ressler (collectively, the "Ashley Reed Defendants"), Fendi Adele, S.r.l., Fendi S.r.l, and Fendi
North America, Inc. (collectively, "Fendi"), seeking a declaratory judgment that three liability
insurance po... More...
   $0 (11-15-2015 - NY)

CoreTel Virginia, LLC v. Verizon Virginia, LLC

CoreTel Virginia, LLC (“CoreTel”), a telecommunications company, has entered into interconnection agreements with Verizon Virginia, LLC and Verizon South, Inc. (collectively “Verizon”) in accordance with the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (codified at 47 U.S.C. § 151 et seq.). In this second appeal arising out of a disagreement between CoreTel and Verizon over t... More...   $0 (11-13-2015 - VA)

Moses v. Skandera

Since the adoption of the New Mexico Constitution on January 21, 1911, New
4 Mexico has had a constitutional responsibility to provide a free public education for
5 all children of school age. N.M. Const. art. XII, § 1. However, “no part of the
6 proceeds arising from the sale or disposal of any lands granted to the state by
7 congress, or any other funds appropriated, levied or... More...
   $0 (11-12-2015 - NM)


In 1942 and 1943, during World War II, the Government entered into contracts with the corporate predecessors of Exxon Mobil Corporation (“Exxon”) to produce high octane aviation gasoline (“avgas”) that would be used to fuel military aircraft (“Avgas Contracts”).The Government considered avgas to be a “superfuel” that allowed airplanes to fly with more power, speed, quicker take-off, and was essent... More...   $0 (11-12-2015 - DC)

Hunter Health Clinic v. Wichita State University

This appeal addresses the following question: Does a person who seeks to prevent a public agency from disclosing claimed private records have statutory standing to bring a cause of action under the Kansas Open Records Act (KORA), K.S.A. 45-215 et seq.? The Wichita Eagle and Beacon Publishing Company, Inc., (Eagle) presented a request for records to Wichita State University (WSU) under KORA. Upon... More...   $0 (11-09-2015 - KS)

Rafalko v. Georgiadis

Dimitri B. Georgiadis (Dimitri) established a revocable trust on December 21, 1989 that
designated his new wife, Margaret Georgiadis (Margaret), and his only children, two sons from a
previous marriage, Paul Georgiadis (Paul) and Basil Georgiadis (Basil) (collectively, the sons),
as beneficiaries. The sons were named co-trustees of that trust. August 27, 2012, Dimitri amended and r... More...
   $0 (11-05-2015 - VA)

Price v. Philip Morris, Inc.

The plaintiffs, Sharon Price and Michael Fruth, as individuals and on behalf of a class of similarly situated individuals, filed a petition in the circuit court of Madison County seeking relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2012)). The circuit court denied the petition on the merits and the appellate court reversed In February, 200... More...   $0 (11-04-2015 - IL)

Centex/Worthgroup, LLC v. Worthgroup Architects, L.P.

In February 2002, the Inn of the Mountain Gods Resort and Casino (Owner)
3 contracted with Centex for an expansion and renovation project. These parties
4 defined the terms of their business relationship in a second amended design/build
5 construction contract (the prime contract). Centex then entered into a subcontract
6 with Architect, where Architect agreed to perform design wor... More...
   $0 (11-04-2015 - NM)

Robinson v. Board of Commissioners of the County of Eddy

In 1986 our Legislature established a county property valuation fund to assist
4 county assessors in fulfilling their statutory obligations to maintain current and
5 correct values of all property within their jurisdictions. See NMSA 1978, § 7-36
6 16(A) (2000); NMSA 1978, § 7-38-38.1(C) (2007). The County Assessor for Eddy
7 County (County Assessor or Assessor) sought to use some ... More...
   $0 (11-04-2015 - NM)

Nationwide Mutual Ins. Co. v. Pasiak

In this declaratory judgment action, the plaintiffs, Nationwide Mutual Insurance Company and Nationwide Mutual Fire Insurance Company, appealfromthejudgmentof thetrialcourtdetermining that, pursuant to a personal umbrella insurance policy issued by theplaintiffs in favor ofthe defendant Jeffrey S. Pasiak,1 the plaintiffs had a duty to defend the defendantandtoindemnifyhimfordamagesawardedagainst ... More...   $0 (11-02-2015 - CT)

Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary,
Revolution. Tidel‟s majority stockholder, however, had high expectations for
Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later
offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were
separated into two indep... More...
   $0 (11-01-2015 - DE)

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