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Buddy Bean Lumber Company v. Axis Surplus Insurance Company
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After electrical wiring was stolen from its lumberyard, Buddy Bean Lumber Company (Buddy Bean) filed a claim with its insurer, Axis Surplus Insurance Company (Axis), to recover the actual cash value of the wire. Axis refused to pay the full claim, citing a coinsurance provision in the policy. Buddy Bean then brought this action seeking to recover under the policy. Both parties moved for judgment o... More... $0 (05-23-2013 - AR)
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National Viatrical, Inc. v. Universal Settlements International, Inc.
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Plaintiffs-Appellants National Viatical, Inc. and James Torchia (respectively, “NVI” and “Torchia”) challenge the district court’s
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No. 12-2262 Nat’l Viatical Inc., et al. v. Universal Settlements Int’l, Inc.
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1Specifically, the amount was to be paid in four installments, including a balloon payment at the end of twelve months.
______________... More... $0 (05-23-2013 - MI)
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Exact Software North America, Inc. f/k/a Macola, Inc.
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This software-licensing dispute became more intriguing after the parties settled it. On the eve of settlement, Infocon, a software distributor, fired its lawyer, J. Fox DeMoisey. Hoping to ensure that he got paid for his
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No. 12-3538 Exact Software N. Am., Inc. v. Infocon Sys., Inc. Page 2
work, DeMoisey placed a charging lien on the settlement proceeds. Exact delivered the $... More... $0 (05-23-2013 - OH)
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United States of America v. Gary Bogle
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Gary Bogle appeals his conviction for possessing a firearm and body armor as a convicted felon. The relevant facts are set forth in the summary order disposing of the majority of Bogle’s arguments. We write only to address whether 18 U.S.C. § 922(g)(1) violates the Second Amendment, an issue that we have not yet decided by precedential opinion.
Bogle argues that § 922(g)(1), which makes... More... $0 (05-23-2013 - NY)
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United States v. Eric Erskine
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Defendant-Appellant Swahili Johnson appeals from an order of the United States District 11 Court for the Southern District of New York (Denny Chin, Judge)1 granting his motion for a 12 sentence reduction under 18 U.S.C. § 3582(c)(2), pursuant to Amendment 750 of the United 13 States Sentencing Guidelines (“Guidelines”). Johnson challenges the District Court’s order 14 reducing his sentence ... More... $0 (05-23-2013 - NY)
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Executive Plaza, LLC v. Peerless Insurance Company
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This case asks us to consider the interplay between two provisions in a fire insurance policy. One requires the insured to file suit on the policy within two years. The second requires the insured, when seeking replacement costs, to replace the damaged property before bringing suit, and to complete the replacement work "as soon as reasonably possible." What happens to insured property that cannot ... More... $0 (05-23-2013 - NY)
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Ellis Walker v. Deborah G. Schult
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Plaintiff-appellant Ellis Walker brought this action below pro se, alleging that the conditions of his confinement in the Federal Correctional Institution in Ray Brook, New York ("FCI Ray Brook") amounted to cruel and unusual punishment in violation of the Eighth Amendment. The United States District Court for the Northern
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of New York (Kahn, J.) granted defendants-appellees' moti... More... $0 (05-23-2013 - NY)
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Fauzia Din v. John F. Kerry, Secretary of State
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United States citizen Fauzia Din filed a visa petition on behalf of her husband Kanishka Berashk, a citizen and resident of Afghanistan. Nine months later, the visa was denied. Consular officials informed Din and Berashk only
4 DIN V. KERRY
that the visa had been denied under 8 U.S.C. § 1182(a)(3)(B), a broad provision that excludes aliens on a variety of terrorism-related grounds. ... More... $0 (05-23-2013 - CA)
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United States of America v. John Eldridge Cone a/k/a Cowboy
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John Eldridge Cone, a federal prisoner proceeding pro se, seeks to appeal the district court’s dismissal of his pleading entitled “Motion to Vacate Judgment Obtained Through Fraud Upon the Court Pursuant to Fed. R. Civ. P. 60(d)(3),” which the district court construed as an unauthorized second or successive motion under 28 U.S.C. § 2255. We deny a certificate of appealability (COA) and dism... More... $0 (05-23-2013 - OK)
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Jane Doe v. Los Angeles Unified School District, et al.
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The parents of a special needs student sued the Los Angeles Unified School System on a negligence theory claiming that their daughter, age 9, was sexually assaulted five times by a male classmate during an after-school program in Chatworth in 2010. The assaults occurred in a secluded location on the school grounds and occurred, according to plaintiffs, because L.A. Unified did not adequately staff... More... $1400000 (05-23-2013 - CA)
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Brenda Noble v. Earle M. Jorgensen Company d/b/a EMJ Metals
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¶ 1 This is a negligence action brought in the circuit court of St. Clair County by the
plaintiff, Brenda Noble, against the defendants, Earle M. Jorgensen Company, d/b/a EMJ
Metals and The EMJ Company (EMJ), and Mark McCollum, for injuries she sustained as a
result of an automobile accident. On appeal, the defendants argue that the trial court erred
in granting the plaintiff's mo... More... $0 (05-22-2013 - IL)
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State of Oklahoma v. Jedediah Stephen Perkey
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The State of Oklahoma charged Jedediah Stephen Perkey with leaving the scene of a fatality accident in violation of 47 O.S. 10-102.1 which provides: "A. The driver of any vehicle involved in an accident resulting in the death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall re... More... $0 (05-22-2013 - OK)
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Joseph W. Mort v. State of Missouri
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Joseph W. Mort (“Movant”) was convicted of two counts of first-degree statutory sodomy and sentenced to two consecutive terms of life in prison; he subsequently filed a post-conviction motion under Rule 29.15(a) claiming his trial counsel1 was ineffective for failing to call witnesses, for failing to present evidence that another person caused “any medical evidence,” and for misadvising hi... More... $0 (05-22-2013 - MO)
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Chris Thygesen v. Robert F. Strange, Jr.
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This case is a derivative shareholder suit brought by appellants, Chris Thygesen and Bruce W. Derrick, Derivatively on Behalf of ClearMediaOne, Inc. and its Shareholders, against appellees, Robert F. Strange, Jr., Robert J. Viguet, Jr.,
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and Thompson & Knight, LLP. In three issues, appellants contend the trial court erred by rendering a take-nothing judgment on the jury’s verdict ... More... $0 (05-22-2013 - )
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Otoe-Missouria Tribe of Oklahoma v. Dirk Kempthorne
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The Otoe-Missouria Tribe of Oklahoma sued the United States Secretary of the Interior, Dirk Kempthorne, on an Indian Tribal Controversy under 28 U.S.C. 1362 which provides:
The district courts shall have original jurisdiction
of all civil actions, brought by any Indian
tribe or band with a governing body duly
recognized by the Secretary of the Interior,
wherein the matter ... More... $0 (05-22-2013 - )
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Paul A. Isaacson, M.D. v. Tom Horne
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Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not.
Arizona House Bill 2036 (“H.B. 2036” or “the Act”), enacted in April 2012, forbids, except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty weeks.... More... $0 (05-22-2013 - AZ)
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Ryan Hart v. Electronic Arts, Inc.
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In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More... $0 (05-21-2013 - nj)
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James L. Guthrie v. Hidden Valley Golf and Ski, Inc.
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James L. Guthrie (Guthrie) appeals from the trial court’s entry of summary judgment in
favor of Hidden Valley Golf and Ski, Inc., (Hidden Valley) and Peak Resorts, Inc., (Peak
Resorts) (collectively referred to as Defendants) on Guthrie’s claim for personal injuries
following an accident while snow tubing on Defendants’ property. We affirm.
Factual and Procedural Backgro... More... $0 (05-21-2013 - MO)
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Sterling Investment Group, LLC v. Board of Managers of the Brentwood Forest Condominium Association
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The Board of Managers (Board) of the Brentwood Forest Condominium Association (Association) appeals the trial court’s declaratory judgment in favor of unit-owner Sterling Investment Group (Sterling). We reverse and enter judgment in favor of the Board pursuant to Rule 84.14.
Background
The Board is the governing body of the Association, which comprises 1,425 condo units. Sterli... More... $0 (05-21-2013 - MO)
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Janet Winslow v. Progressive Contractors, Inc.
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Janet Winslow Peterson ("Janet")1 and Linda Winslow Lambright ("Linda") (collectively "Appellants") appeal from the entry of judgment following a jury trial in favor of Progressive Contractors, Inc. ("PCI") and Highway Technologies, Inc. ("HTI") (collectively "Respondents") on their claims for personal injuries and for wrongful death. Appellants claim the trial court erroneously overruled an objec... More... $0 (05-21-2013 - MO)
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Janet Winslow v. Progressive Contractors, Inc.
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Janet Winslow Peterson ("Janet")1 and Linda Winslow Lambright ("Linda") (collectively "Appellants") appeal from the entry of judgment following a jury trial in favor of Progressive Contractors, Inc. ("PCI") and Highway Technologies, Inc. ("HTI") (collectively "Respondents") on their claims for personal injuries and for wrongful death. Appellants claim the trial court erroneously overruled an objec... More... $0 (05-21-2013 - MO)
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Brian Nail v. Husch Blackwell Sanders, LLP
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This is a legal malpractice case. Brian Nail (“Nail”) appeals the Circuit Court of Jackson County, Missouri‟s (“circuit court”) grant of summary judgment to respondent Husch Blackwell Sanders, LLP (“Husch”) on Nail‟s petition alleging legal malpractice. On appeal, Nail raises three claims of error: (1) that the circuit court used the wrong legal standard to address Nail‟s burden ... More... $0 (05-21-2013 - MO)
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City of Columbia v. Kenneth Henderson
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The City of Columbia (City) appeals from the trial court‟s judgment granting Mr. Kenneth Henderson‟s motion to dismiss charges against him under section 5-29 of the Columbia Code of Ordinances for keeping two alligators in Columbia. We find the trial court erred in granting Mr. Henderson‟s motion to dismiss because the City‟s allegations, if proved, could support the charges. We reverse an... More... $0 (05-21-2013 - MO)
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The Office of the Attorney General of Texas v. Waddell Gordon Long
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This is a child support case involving two states: Texas, which is home to the father, and North Carolina, where his children currently reside. The trial court dismissed a petition to establish an order for support and concluded that continuing, exclusive jurisdiction was vested in a North Carolina tribunal. The issue on appeal is whether a trial court in Texas may adjudicate the child support obl... More... $0 (05-21-2013 - TX)
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Rehak Creative Services, Inc. v. Ann L. Witt
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Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak”) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt”). We affirm.
OVERVIEW
This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,” which is codi... More... $0 (05-21-2013 - TX)
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