California Pines Property Owners Association (the Association) appeals after the trial court resolved a dispute over water diversion rights in favor of defendant Robert Pedotti.

The Association owns land in the community of California Pines in Modoc County, California, including the land where Donovan Reservoir (Reservoir) and its dam are located. Pedotti owns the nearby 1,761-acre Diamond ... More...   $0 (05-24-2012 - CA)

In most employment discrimination cases that arise in the private sector, the defendants are the employers themselves, most often corporations or other business organizations. In this case of alleged race discrimination and retaliation, however, the employer has gone through bankruptcy and so cannot be sued for relief. The plaintiff in this case has sought relief from two individuals who worked fo... More...   $0 (05-24-2012 - IL)

Life Insurance Company of North America (LINA) appeals the district court's1 ruling that LINA abused its discretion in denying death benefits to Dawn McClelland based upon her husband Anthony's life insurance policy. LINA also appeals the district court's award of attorney fees. We affirm the district court's decision on the award of benefits, but remand for further proceedings with regard to the ... More...   $0 (05-24-2012 - MN)

The uncommon question we must answer in this dissolution appeal is whether Sheri Pettit is entitled to a one-half interest in property Roger Stephen Duffield (Steve) transferred into joint tenancy with her before their short-lived marriage. We conclude the district court was correct in finding the “nuptial failure should not operate to rescind the transfers that were made between the parties in ... More...   $0 (05-23-2012 - IA)

This is a class action. It was brought in April 2008 by Luis and Norma Virgilio on behalf of themselves and others who purchased houses from a builder, the Ryland Group, Inc. (“Rylandâ€�), in the Newport subdivision of Vista Lakes, a residential development in Orlando, Florida.1 The Newport subdivision is adjacent to land known as “Pinecastle.â€� Pinecastle was used as a bombing range during W... More...   $0 (05-18-2012 - FL)

Bobby Gene Hankins was denied long-term disability benefits by Standard Insurance Company. Hankins sought review of Standard's determination under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The district court granted Standard's 1 motion for summary judgment, finding Standard did not abuse its discretion. We affirm.

I.

Beginning in April 200... More...   $0 (05-15-2012 - AR)

These two cases, which we have consolidated for opinion, involve the application of the outside sales and administrative exemptions of the Fair Labor Standards Act (“FLSAâ€� or the “Actâ€�), 29 U.S.C. §§ 201-19, to pharmaceutical sales representatives employed by Eli Lilly & Co. (“Lillyâ€�) and Abbott Laboratories, Inc. (“Abbottâ€�). The plaintiffs in each case claim that, during their t... More...   $0 (05-08-2012 - IN)

In this action, plaintiff Rebecca Bush sued the operators of a skilled nursing facility for elder abuse (among other causes of action) based on their alleged neglect in providing her care and treatment at the facility. In the same complaint, Bush‟s daughter, plaintiff Charmaine Jennings, sued the same defendants for negligent infliction of emotional distress based on her alleged observation of t... More...   $0 (04-30-2012 - CA)

A monition action was brought by the City of Wilmington against property owner and Defendant-Below/Appellee Toni Jackson for the collection of various taxes and charges. The real property was sold at a sheriff’s sale to the successful third-party bidder, Appellant One-Pie Investments, LLC (“One-Pieâ€�). After confirmation, One-Pie filed a petition for tax deed. The Superior Court confirmed a C... More...   $0 (04-24-2012 - DE)

Rudy R. moved to modify the agreement through which he and Heather W. share 50-50 custody of their daughter. He argued that recent legal troubles and instability in Heather’s life amount to changed circumstances that required modifying the custody agreement in the child’s best interests. The superior court agreed. Heather now appeals, arguing that the evidence does not show that any of her cha... More...   $0 (04-20-2012 - AK)

In 2001, Betty Saint Rogers’ son died in a motorcycle accident and was buried in a grave plot in the Fort Hill Cemetery (“the cemeteryâ€�) in Cleveland, Tennessee.1 Following her son’s death, Ms. Rogers purchased easements from Louisville Land Company to two adjacent burial plots in the cemetery. When she purchased the easements, she had some concerns about the maintenance of the cemetery. S... More...   $0 (04-19-2012 - TN)

¶4 The accident occurred October 11, 2008, at around 4:00 a.m. on U.S. Highway 12 between Helena and Garrison. Stuivenga and Evans had attended a bull-riding event in Helena the previous evening and had spent time with friends after the event, and were on their way back to Deer Lodge. Near milepost 10 on Highway 12 (within Powell County), Stuivenga’s pickup drifted across the roadway, struck th... More...   $0 (04-10-2012 - MT)

Marjorie Gayle Hendrix, the appellant, was injured in an automobile accident caused by Charles Robert Burns, one of the appellees. In the Circuit Court for Baltimore County, Mrs. Hendrix sued Mr. Burns and Candice Marie Burns, his wife, the other appellee, alleging battery and negligence against Mr. Burns and negligent entrustment against Mrs. Burns.

Mrs. Hendrix prayed a jury trial. Before... More...   $0 (03-29-2012 - MD)

1. The horizontal gaze nystagmus test is a field sobriety test, and a driver’s performance on the test is admissible as evidence that the driver may have consumed alcohol and may, therefore, be impaired. The results of the horizontal gaze nystagmus test are entitled to no greater weight than other field sobriety tests such as the walk-and-turn test and the one-leg stand test.

2. Upon a ch... More...   $0 (03-26-2012 - WV)

Flynn Hanners, a former Master Sergeant with the Illinois State Police (“ISPâ€�), brought this action in the district court, alleging that fellow ISP employees Larry Trent, Harold Nelson, Lance Adams, Richard Woods and Leonard Stallworth discriminated against him because of his race, in violation of 42 U.S.C. §§ 1981 and 1983. The district court granted summary judgment for the defendants, and... More...   $0 (03-19-2012 - IL)

The principal issue presented in this appeal concerns the power of courts to disregard the separate existence of a Texas limited liability company (LLC) under the equitable "veil-piercing" principles that have evolved in regard to business corporations. Specifically, we must determine whether, assuming these principles can be applied to LLCs, a claimant seeking to "pierce" an LLC's "veil" with res... More...   $0 (03-16-2012 - TX)

Penny L. Boyce ("Appellant") appeals the trial court's grant of summary judgment in favor of Intermed Insurance Co. ("Intermed") in a declaratory judgment action brought to determine whether a professional liability insurance policy issued by Intermed provided coverage for a medical clinic's negligent failure to supervise a physician's assistant ("PA") who sexually assaulted Appellant under the gu... More...   $0 (03-12-2012 - MO)

This case concerns the payment for architectural services provided by Shaw Hofstra & Associates (SHA) to Ladco Development, Inc. (Ladco) in conjunction with a large office building project. In its breach of contract claim, SHA contends it was not paid for the services it completed under the project. The district court1 denied Ladco’s motion for summary judgment, and the case proceeded to trial. ... More...   $0 (03-12-2012 - MO)

Barry F. Miller and Maria J. Miller appeal a summary judgment granted to LandAmerica Lawyers Title of El Paso. In two issues for review, they urge that there are material fact issues regarding their action for negligent misrepresentation and regarding their action for deceptive trade practices. We affirm.

Facts

In 2006, the Millers purchased land in El Paso County, Texa... More...   $0 (03-08-2012 - TX)

¶1 Appellee Cindy Ann Pope Hooley was charged in the District Court of Oklahoma County on March 23, 2010, with Driving Under the Influence (47 O.S.2001, § 11-902(A)), Case No. CM-2010-893. Subsequently, her driver's license was revoked by the Department of Public Safety (DPS). She appealed that revocation to the District Court, Case No. CV-2010-1010. The District Court ruled in part that Appelle... More...   $0 (01-31-2012 - OK)

This is an appeal from a judgment notwithstanding the verdict. The primary issue in this appeal is whether the contractual disclaimer of reliance in the purchase agreement (the “Purchase Agreementâ€�) for retail property of approximately 9 acres with improvements consisting mainly of a Garden Ridge store (the “Propertyâ€�) barred appellant’s fraud claims in light of Schlumberger and its pro... More...   $0 (01-19-2012 - TX)

The district court granted a preliminary injunction prohibiting the State of Washington from enforcing its limitation on contributions to political committees supporting the recall of a state or county official. We conclude that the plaintiffs satisfied their burden under Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), to demonstrate that the contribution limit is likely an u... More...   $0 (01-19-2012 - WA)

Jon Askew appeals a judgment of the circuit court entered in an action brought by CACH, LLC, a debt collector that allegedly had been assigned an outstanding debt owed by Askew. Askew claims that the circuit court erred in entering the judgment because CACH did not properly demonstrate that it had been assigned the debt in question and that the circuit court improperly admitted exhibits based on t... More...   $0 (01-17-2012 - MO)

This is an appeal from a final judgment in a medical malpractice lawsuit. Daniel Duss was diagnosed with cerebral palsy shortly after his birth on December 3, 2002. In 2003, a lawsuit was filed on his behalf alleging that the obstetrician who delivered him, Martin A. Garcia, M.D., was negligent in using a fetal vacuum extractor during the delivery, and that his negligence caused Daniel to sustain ... More...   $0 (01-06-2012 - FL)

Sommai J. Breazeale appeals a final judgment which requires appellant to pay damages to GDC View, LLC, appellee, for breach of a contract to purchase a condominium. For the reasons that follow, we affirm.

In October 2004, Breazeale entered into a contract to purchase a condominium unit in the Grand Dunes II, a condominium development in Walton County. Construction had not yet begun on the c... More...   $0 (01-06-2012 - FL)