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Declaratory Judgment Law
 
Chesapeake Appalachia LLC v. Scout Petroleum

In 2008, Chesapeake entered into various oil and gas leases with landowners in several northeastern Pennsylvania counties. Chesapeake is the “Lessee,” and the “Lessor” is (or originally was) the respective landowner, e.g., “[t]his Lease made this 10th day of January, 2008, by and between: William D. Bergey and Joanne M. Bergey, husband and wife . . . hereinafter collectively called ‘Lessor’ and ... More...   $0 (02-07-2016 - PA)

Jane E. Norton v. Rocky Mountain Planned Parenthood, Inc.

Plaintiff, Jane E. Norton, sued defendants, Rocky Mountain
Planned Parenthood, Inc. (PP), Governor John W. Hickenlooper,
Susan E. Birch in her capacity as Executive Director of the
Colorado Department of Health Care Policy and Financing, and
Larry Wolk in his capacity as Executive Director of the Colorado
Department of Public Health and Environment (CDPHE). She has
a... More...
   $0 (02-03-2016 - CO)

R.S. Silver Enterprises, Inc. v. Pascarella

This breach of contract action, filed by the plaintiff, R.S. Silver Enterprises, Inc., against the defendants, Henry Pascarella and Riversedge Partners, returns to this court following our remand to the trial court for resolution of a jurisdictional challenge to the plaintiff’s standing to prosecute this action, as pleaded in thedefendants’ twenty-firstspecial defense. R.S. Silver Enterprises, In... More...   $0 (02-01-2016 - CT)

Church of God in Christ, Inc., et al v. L.M. Haley Ministries, Inc., et al.

On February 2, 2012, Plaintiffs/Appellants Bishop David A. Hall, individually and on behalf of Gospel Center Temple Church of God in Christ (“Gospel Center COGIC”), filed a complaint for injunction, accounting, and damages against L.M. Haley Ministries, Inc., Gospel Center Temple Church Moscow, Inc. (“Gospel Center, Inc.”), and some of its members and trustees, Lonnie M. Haley, III, Jeremiah R. Ha... More...   $0 (01-30-2016 - TN)

Twin Creeks Golf Group, L.P. v. Sunset Ridge Owners Association, Inc.

In the underlying proceeding, Sunset Ridge sued two other entities, Twin Creeks
Property, Ltd., and Twin Creeks Operating Co., L.P., and asserted claims based on a “monopoly in
violation of the Texas Anti-Trust Act and Sherman Anti-Trust Act” and for declaratory judgment
to construe an amended restrictive covenant and declare it invalid based on a provision of the Texas
Uniform Con... More...
   $0 (01-26-2016 - TX)

Eastman Gas Company, L.L.C., f/k/a Fairplay Gas v. Goodrich Petroleum Company, L.L.C.

Eastman Gas Company, L.L.C. (Eastman),1 operates a service as an intermediate
transporter of natural gas. Under this service, Eastman collects natural gas from the wellheads or
collection points of gas producers, meters the amount collected, transports the gas in its pipeline
to points of sale, collects from the purchasers, and then pays the producer of the natural gas,
reserv... More...
   $0 (01-25-2016 - TX)

Coniglio v. Chesapeake Exploration, L.L.C.

On March 30, 2012, thirty-three plaintiffs filed a complaint against
Appellees in Koonce v. Chesapeake Exploration, Columbiana County Common Pleas
Court Case No. 2012 CV 136. Sixteen plaintiffs were later added. On March 22,
2012, seventy-five plaintiffs filed a complaint against Appellees in Coniglio v.
Chesapeake, Carroll County Common Pleas Court Case No. 2012 CVH 27102. ... More...
   $0 (01-23-2016 - OH)

Safeway Insurance Company v. Hadary

The procedural history of this appeal is important to consider. On November 3, 2014,
this court filed its opinion in Safeway Insurance Company v. Hadary, 2014 IL App (1st) 132554
(Safeway I). The petition for leave to appeal to the Supreme Court in Safeway I was denied on
November 25, 2015, with the order of the Supreme Court stating as follows:
¶ 4 "In the exercise of this ... More...
   $0 (01-21-2016 - IL)

Shore Chan DePumpo LLP and Edward Mandel v. Steven W. Thrasher d/b/a Thrasher

Shore Chan Depumpo LLP (SCD) and Edward Mandel appeal an order dismissing their
declaratory judgment suit against Steven W. Thrasher d/b/a Thrasher Associates, LLC for want
of jurisdiction. We conclude that Mandel lacks standing to file this lawsuit and the declaratory
judgment suit is an improper collateral attack. Accordingly, we affirm the trial court’s order
dismissing this... More...
   $0 (01-13-2016 - TX)

BEN VILLARREAL JR., CLEO MARTINEZ, and LaCASA MARTINEZ TEXMEX, INC. vs. UNITED FIRE & CASUALTY COMPANY d/b/a UNITED FIRE GROUP

A restaurant was severely damaged by fire. The owners made an insurance claim, but much of the claim was denied. They ultimately sued the insurer for policy benefits. They obtained a jury verdict and judgment against the insurer, which the insurer paid. Thereafter, they brought a separate action against the insurer for bad faith, alleging it had lacked a reasonable basis for its prior refusal ... More...   $0 (01-08-2016 - IA)

J&D TOWING, LLC v. AMERICAN ALTERNATIVE INSURANCE CORPORATION

Ray Fischer owned a tax-consulting business called Corporate Tax Management, Inc. As
Fischer approached retirement, he began negotiations to sell the business assets to Mark Boozer
and Jerrod Raymond. In 2007, the parties executed a written asset-purchase agreement in which
Fischer agreed to sell his business to CTMI, L.L.C., which Boozer and Raymond created to receive
the asse... More...
   $0 (01-08-2016 - TX)

Ford Motor Co. v. United States

In this action, Plaintiff Ford Motor Company challenges, inter alia, the determination of the
U.S. Customs Service1 that 17 drawback claims filed by Ford prior to December 3, 2004 (the
“Drawback Claims”) were not deemed liquidated pursuant to 19 U.S.C. § 1504(a)(2), the statutory
amendment enacted by Congress in December 2004 to expressly provide for the deemed liquidation
of aging... More...
   $0 (01-01-2016 - NY)

PECO Logistics, LLC v. Walnut Investment Partners, L.P., et al.

In March 2011, two sophisticated investors (the “Walnut Investors”) acquired
preferred units in PECO Logistics, LLC (“PECO” or the “Company”) and became parties
to an LLC agreement that afforded them the voluntary right to sell their preferred units
back to PECO three years later (the “Put Right”). The LLC agreement provides that,
upon exercise of the Put Right, the Company mu... More...
   $0 (01-01-2016 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources & Environmental Control, et al.

The Plaintiff filed his Verified Complaint on October 11, 2012. The
Complaint alleged seven counts against the Defendants: Count I alleges that DNREC
violated numerous statutes to illegally build the Turbine; Count II alleges that the
City violated statutes and zoning ordinances to illegally issue the Building Permit;
Counts III and IV allege violations of the Delaware Freedom... More...
   $0 (01-01-2016 - DE)

Neil and Patricia Whitney v. Vermont Mutual Insurance Company

This case calls upon us to apply a “pollution exclusion” in an insurance policy for the second time in a year. Plaintiffs Neil and Patricia Whitney assert that damage to their home and personal property resulting from the spraying within their home of a pesticide known as chlorpyrifos is covered by their homeowners policy. Defendant Vermont
Mutual Insurance Company (Vermont Mutual) argues t... More...
   $0 (12-27-2015 - VT)

Evanston Insurance Company v. Lapolla Industries

Defendant-Appellant Lapolla Industries, Incorporated (“Lapolla”) appeals from the district court’s grant of summary judgment in favor of Plaintiff-Appellee Evanston Insurance Company (“Evanston”), declaring that Evanston owes no duty to defend Lapolla in a lawsuit brought against Lapolla and other defendants in Connecticut. On de novo review, applying the same Rule 56 standards as the district cou... More...   $0 (12-24-2015 - TX)

Solomon v. State Of Kansas

In 1861, the people of the new State of Kansas adopted a constitution that assigned judicial power to a supreme court and to various lower courts: "The judicial power of the State shall be vested in a supreme court, district courts, probate courts, justices of the peace, and such other courts, inferior to the supreme court, as may be provided by law; and all courts of record shall have a seal, t... More...   $0 (12-23-2015 - KS)

December Corp. v. Wild Meadows Home Owners Association, et al.

Plaintiff December Corporation (“December Corp.”) is a Pennsylvania corporation whose principal business is to manage and maintain housing communities.1 December Corp. manages the Wild Meadows manufactured housing community (“Wild Meadows”), which is an “active adult manufactured housing community”2 located in Dover, Delaware. Defendant Wild Meadows Home Owners Association (“WMHA”) is an incorpo... More...   $0 (12-23-2015 - DE)

Jim Ogez and Donna Ogez v. Perfection Homes, LLC, Prefection Homes by Wayne Farabough, LLC and C. Wayne Farabough

Tulsa, OK - Jim Ogez and Donna Ogez sued Perfection Homes, LLC, Prefection Homes by Wayne Farabough, LLC and C. Wayne Farabough on fraud theories claiming:

1. Plaintiffs are individuals residing in Tulsa County, Oklahoma.
2. Defendant Perfection Homes, L.L.C. (“Perfection”), until its dissolution on April
21, 2011, was an Oklahoma limited liability company doing business in Tulsa ... More...
   $0 (12-22-2015 - OK)

Clark v. Farmers Union Mutual Ins

In January 2010, Clark received a telephone call around 3 a.m. from his brother asking for assistance with his pickup, which was stuck in a snowdrift. According to Clark's deposition, after the brothers were unable to pull the pickup out of the snowdrift, he drove to their grandfather's nearby farm to get a tractor to pull it out. Clark stated that after proceeding a short way down the road, the ... More...   $0 (12-22-2015 - ND)

IDC Properties, Inc., et al. v. Goat Island South Condominium Association, Inc., et al

The plaintiffs in this consolidated appeal, IDC Properties, Inc. (IDC) and Thomas Roos (Roos) (collectively, plaintiffs), appeal from an entry of summary judgment in favor of the defendants, Goat Island South Condominium Association, Inc. (GISCA), America Condominium Association, Inc. (America), Capella South Condominium Association, Inc. (Capella), Harbor Houses Condominium Association, Inc. (Ha... More...   $0 (12-20-2015 - RI)

Mary Meeks v. Hologic, Inc.

On September 26, 2008, Dr. Kushna Damallie, an employee of The Women’s Clinic
(TWC), performed an outpatient diagnostic hysteroscopy and an endometrial ablation on
Meeks at the Northwest Regional Medical Center (NWRMC) in Clarksdale. Dr. Damallie
used a Novasure medical device manufactured and sold by Hologic to treat Meeks’s
menorrhagia. On September 28, 2008, Meeks returned to t... More...
   $0 (12-20-2015 - MS)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖)
for a limited purpose. After raising money from investors, the Partnership would
purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial
public offering. Preferably once Facebook had completed a successful IPO, the
Partnership would distribute to its inve... More...
   $0 (12-20-2015 - DE)

Pipal Tech Ventures Private Limited v. MoEngage, Inc.

Plaintiff Pipal Tech is a closely-held corporation formed in 2011 under the laws of India with its principal place of business in India.4 Pipal Tech is in the business of developing, licensing, and supporting mobile and web-based applications. Non-parties Amit Baid, Raviteja Dodda, and Yashwanth Kumar are the founders of Pipal Tech.6 Dodda and Kumar are also former executives and board The fact... More...   $0 (12-19-2015 - DE)

North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove a... More...
   $0 (12-18-2015 - SD)

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