| Equity Law |
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Stephen M. Waltrip, et al. v.<
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This case requires us to determine the priority of
competing liens, by a judgment creditor and the debtor’s
attorney, on settlement proceeds. Plaintiffs appeal from an
order authorizing payment of counsel fees and costs from a
settlement. Out of the $2,500,000 settlement, the order
authorized payment of $1,726,632 to counsel for fees and costs... More... $0 (6/30/2008 - CA )
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Jason Christian, et al. v. Giu
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The plaintiffs, owners of three parcels (28, 29 and 30) in
a subdivision known as Latrobe Hills, El Dorado County, brought
this action to quiet title in an easement across defendants’
parcels, that provided access to Latrobe Road, by incorporation
in their deeds of a recorded 1977 subdivision parcel map (figure
2).
The issue arises bec... More... $0 (6/30/2008 - CA )
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United States of America and S
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In the late 1990s, Plaintiff United States and Intervenor
Shoshone-Bannock Tribes (“the Tribes”) approached Defendant
FMC Corporation, a mining company operating in Idaho,
about potential violations of federal and tribal environmental
laws. FMC reached an agreement with each party. FMC
agreed to pay the Tribes $1.5 million per year in lieu of ... More... $0 (6/27/2008 - ID )
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Cuidiville Band of Pomo Indian
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This appeal presents the single, seemingly straightforward
question whether the word “is” really means “is,” at least as
that word is employed in 25 U.S.C. § 81.1 At the core of the
present dispute, that statute requires the Secretary of the
Department of the Interior (“Secretary”) to approve any “contract
with an Indian tribe that encumbers I... More... $0 (6/26/2008 - CA )
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Scott Ockey and Catherine Cond
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¶1 This case arises from an intrafamilial struggle over
the division of profits from the development of a 2700-acre ranch
situated between the Park City Mountain Resort and The Canyons
Resort in Summit County. Beginning in 1976, the ranch was held
in various trusts established by members of the Condas family.
Scott Ockey (“Ockey”), one ... More... $0 (6/24/2008 - UT )
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Jill Golden and Sheldon Golden
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Plaintiff, Jill Golden,1 was allegedly injured on April 9,
1999, when her vehicle was struck from behind by a vehicle
driven by Walter Koonce and owned by Koonce's employer, Access
Corporation. Plaintiff instituted a personal injury suit in the
Law Division on March 29, 2001, against Koonce and his employer.
At the time of the accident, Koonce... More... $0 (6/24/2008 - NJ )
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State Farm Mutual Automobile I
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[¶1] This matter comes before us as a certified question from the district court for
Wyoming‟s Eighth Judicial District. The question arises from an apparent conflict in
statutory language contained in Wyo. Stat. Ann. § 5-9-128(a)(i) (LexisNexis 2007)
governing subject matter jurisdiction of circuit courts, and statutory language contained... More... $0 (6/23/2008 - WY )
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General Motors Corporaton, etc
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Appellant General Motors Corporation d/b/a Chevrolet, GMC, Cadillac, Buick, and
Oldsmobile appeals interlocutorily from the circuit court’s order granting class certification
to appellee Boyd Bryant, on behalf of himself and all other similarly situated persons. General
Motors asserts four points on appeal: (1) that extensive legal variations in... More... $0 (6/20/2008 - AR )
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Mark Steven Pestal and Kimberl
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This equity action involves a dispute among neighbors over
four parcels of property. The disputed parcels are either part of
or adjacent to a common driveway serving three lots, 6, 7, and
8, in the Hilltop of Oak Hills Highlands subdivision in Douglas
County, Nebraska. The owners of lot 8, Mark Steven Pestal and
Kimberly Ann Pestal, appellees,... More... $0 (6/19/2008 - NE )
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Charles Jeffrey Robinson v. No
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As a result of a disagreement, the members of the North Pond Hunting Club, a group
of avid hunters who had come together to purchase and improve land in furtherance of their
hobby, determined that one memberSthe plaintiff, Charles Jeffrey Robinson–needed to be
removed from membership in the land trust which owned the hunting property in question... More... $0 (6/17/2008 - IL )
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James R. Donohoo v. Action Wis
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The petitioners, Action Wisconsin, Inc., and Christopher Ott, seek review of an unpublished court of appeals decision reversing a circuit court judgment that required attorney James R. Donohoo to pay costs and attorney fees for filing and maintaining a defamation lawsuit that was frivolous.[1] The defamation lawsuit was commenced in response to a p... More... $0 (6/17/2008 - WI )
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Wichita Clinic, P.A. v. Michel
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Wichita Clinic, P.A., (the Clinic) appeals from a judgment of the trial court holding that its restrictive covenant in an employment agreement was unreasonable and unenforceable. Applying the factors in determining whether to enforce a restrictive covenant not to compete, we determine that the covenant should have been enforced. In addition, the Cl... More... $0 (6/16/2008 - KS )
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Levisa Coal Co. v. Consolidati
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This appeal arises from a dispute between the owner of a solid mineral estate subject to a long-term mining lease and a third party. The dispute involves the storage of wastewater from the third party’s mining operations on other lands in a particular mine located within the subject leasehold but with the lessee’s permission. The owner of the solid... More... $0 (6/14/2008 - VA )
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Claude L. Bassett v. The Natio
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Appellant Claude L. Bassett (Bassett) was an assistant football
coach for the University of Kentucky (UK) from 1997-2000 when he resigned due to allegations
of The National Collegiate Athletics Association (NCAA) rules infractions. Bassett filed suit
against NCAA, the Southeastern Conference (SEC) and the University of Kentucky Athletic
Associa... More... $0 (6/13/2008 - KY )
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Boston Gas Company d/b/a Keysp
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This is a dispute between Boston Gas Company ("Boston Gas"), the largest provider of natural gas in the New England area, and one of its insurers, Century Indemnity Company ("Century"). Before natural gas became the primary source of energy in New England, Boston Gas produced gas fuel at facilities called manufactured gas plants, known in the indus... More... $0 (6/12/2008 - MA )
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Concerned Citizens of Spring C
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[¶1] Appellants appeal the district court’s denial of their motion to intervene in a dispute between their homeowners’ association and another property owner. We will affirm.
ISSUES
[¶2] Proposed Intervenors raise the following issues on appeal:
1. Whether the district court properly denied Proposed Intervenors’ Motion to In... More... $0 (6/10/2008 - WY )
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Craig Outdoor v. Wally Kelly
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Craig Outdoor Advertising, Inc., Midwest Outdoor Media, LLC, Patriot
Outdoor, LLC (collectively "Plaintiffs"), and Curtis Massood, the former owner of a
small billboard company, filed this lawsuit in which they alleged that Viacom Outdoor
("Viacom"), and Viacom executives Wally Kelly and Harold Gustin (collectively
"individual Defendants")1 per... More... $0 (6/9/2008 - MO )
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NLRB v. Bolivar-Tees
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The National Labor Relations Board (“Board”) held that Bolivar-Tees, Inc.
(“Bolivar”) committed unfair labor practices in violation of the National Labor
Relations Act (“NLRA”) and ordered the corporation to provide backpay to five
former employees. However, when the United States Court of Appeals for the District
of Columbia Circuit enforced t... More... $0 (6/9/2008 - MO )
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Sheldon Engel v. Marsha Loyfma
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Sheldon Engel, a practicing attorney, appeals from a circuit court order granting the
motion of his former client Marsha Loyfman to vacate an agreed settlement order in his suit to
enforce an attorney retainer agreement. In addition to granting Loyfman’s motion, the court sua
sponte dismissed Engel’s suit for lack of subject matter jurisdiction.... More... $0 (6/6/2008 - IL )
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City of Argyle, Texas v. David
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This is the case of "Where's the sign?" In four issues, Appellant City of Argyle ("the City") appeals the denial of its plea to the jurisdiction and asserts that (1) David Pierce (APierce@) and Clear Channel Outdoor, Inc. ("Clear Channel") (collectively, "the Signers") have no standing to bring constitutional property claims because they have no v... More... $0 (5/17/2008 - TX )
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Law Vegas Fetish & Fantasy Hal
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This appeal presents us with the opportunity to clarify the circumstances under which the unclean hands doctrine will bar a party from obtaining an equitable remedy. We now conclude that the unclean hands doctrine should only apply when the egregiousness of the party’s misconduct constituting the party’s unclean hands and the seriousness of the ha... More... $0 (5/11/2008 - NV )
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Hal Owens v. M.E. Schepp Limit
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¶1 This case involves a dispute about the partition of
land held by family members as tenants in common. The issue for
decision is whether an alleged oral partition agreement was
removed from the statute of frauds by part performance.
I.
¶2 Hal Owens and the M.E. Schepp Limited Partnership
(“the Partnership”) own land at Missour... More... $0 (5/11/2008 - AZ )
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Williston Basin Interstate Pip
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Williston Basin Interstate Pipeline Company (Williston)
claims that it has lost and is continuing to lose natural gas
stored in its Elk Basin Storage Reservoir due to the operation
of gas production wells owned by Howell Petroleum Corporation
and Anadarko Petroleum Corporation (Howell/
Anadarko). Two of those wells are located within the later... More... $0 (5/10/2008 - MT )
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Porfirio Serrano, et al. v. St
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Porfirio Serrano and Lourdes Serrano appeal orders requiring them to pay the
fees charged by Coast Court Reporters (Coast) for copies of deposition transcripts in a
pending action and denying their request to relieve them of fees charged for expedited
service. Coast had agreed to provide the copies to the Serranos on the condition that the
Serr... More... $0 (5/10/2008 - CA )
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Farmers Automobile Insurance A
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Plaintiff Farmers Automobile Insurance Association (Farmers)
filed a declaratory judgment action against its insureds Stephen
and Gloria Wroblewski (Wroblewski),1 seeking a judgment that
Farmers was not obligated to provide uninsured motorist coverage
to Wroblewski in connection with a traffic accident involving
Wroblewski and Sharon Drolet, w... More... $0 (5/8/2008 - IL )
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Ricky D. Compton v. Country Mu
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The plaintiff, Ricky Compton, filed an action against the
defendant, Country Mutual Insurance Company (Country Mutual), for
declaratory judgment, breach of contract and consumer fraud on
behalf of himself and similarly situated individuals. In his
complaint, the plaintiff maintained that Country Mutual's
practice of placing liens on insurance ... More... $0 (5/8/2008 - IL )
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Texas Logos, L.P. v. Gregory R
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Since the Texas Department of Transportation awarded its "logo sign contract" (1) to a rival vendor, the vendor that had previously held the contract, Texas Logos, L.P., has filed two separate lawsuits alleging that a TxDOT engineer involved in the procurement, in combination with the winning vendor and others, had unlawfully skewed the procurement... More... $0 (5/7/2008 - TX )
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Harris County Hospital Distric
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In this appeal, the Harris County Hospital District (AHospital District@) appeals the trial court=s dismissal of its condemnation action, in which it sought to acquire property owned by Textac Partners I (ATextac@) as part of an LBJ Hospital expansion project. In its first three issues, the Hospital District contends that the trial court erred in ... More... $0 (5/6/2008 - TX )
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Sam Wrights, Jr. v. Kim L. Ham
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Sam Wright, Jr., husband, appeals a decree of the trial court granting Kim L. Hamilton-Wright, wife, a divorce a vinculo matrimonii. On appeal, husband raises numerous arguments concerning the trial court’s equitable distribution, spousal support, and attorney’s fees awards. Husband also argues the written statement of facts was not properly made p... More... $0 (5/4/2008 - VA )
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Cross Country Land Services, I
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This case involves a dispute over the validity of and payment due under a
contract between Cross Country Land Services (hereinafter “Cross Country”) and
PB Network Services (hereinafter “PBNS”). The payments sought under the
contract were alleged to be due for work performed by Cross Country on a large
fiber optic telecommunications project (he... More... $0 (5/2/2008 - CO )
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Forest Grove School District v
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Defendant T.A., a former student of Plaintiff Forest Grove
School District, appeals the district court’s denial of reimbursement
under the Individuals with Disabilities Education
Act (“IDEA”), 20 U.S.C. §§ 1400-1482, for his expenses in
attending a private school. We must decide whether a student
who never received special education and relate... More... $0 (4/30/2008 - OR )
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Ronald L. Sutton v. Alveta G.<
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Ronald L. Sutton, husband, appeals an order entered by the trial court ordering him to deliver items and money to Alveta G. Sutton, wife, in compliance with the parties’ property settlement agreement (PSA) and prior orders of the trial court. On appeal, husband contends the trial court erred by: (1) ordering him to pay $4,200 as an alternative to d... More... $0 (4/29/2008 - VA )
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Manta Management Corporation v
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Under federal law, “[l]ocal governing bodies . . . can be sued directly under
[Title 42, United State Code] § 1983 for monetary . . . relief where . . . the action
that is alleged to be unconstitutional implements or executes a policy statement,
ordinance, regulation, or decision officially adopted and promulgated by that
body’s officers.” (Mon... More... $0 (4/25/2008 - CA )
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Great Lakes Exploration Group,
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Great Lakes Exploration Group, LLC (GLEG),
a private underwater exploration and salvage company, brought an in rem admiralty action seeking
an arrest warrant for an ancient sailing vessel (The Griffin) that sank in Lake Michigan in the 1600s.
The state of Michigan intervened to claim title to the vessel pursuant to the Abandoned Shipwreck
Act (... More... $0 (4/25/2008 - MI )
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Mississippi Public Employees'<
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This securities case was brought against Boston Scientific, a publicly traded manufacturer of medical devices based in Natick, Massachusetts. The appeal concerns dismissal of claims based on the company's launch of a new product, the drug-eluting TAXUS coronary stent, and its eventual recalls. Plaintiff, a Mississippi pension fund and purchaser of ... More... $0 (4/22/2008 - MA )
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Thomas Murray v. New Cingular<
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We have grouped for decision
three appeals under the Fair Credit Reporting Act
presenting issues that have arisen in numerous suits
throughout the circuit. Each of the appeals presents at
least two issues, several of which recur in multiple appeals.
We therefore organize the opinion around these issues
rather than the facts of the cases, whic... More... $0 (4/17/2008 - IL )
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Best Interiors, Inc. v. Millie
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Under Code of Civil Procedure section 1281.2, the trial court denied a petition to
compel arbitration. That section gives the court the discretion to deny enforcement of an
arbitration agreement, and to order all parties to litigate in a single action, if the court
determines that (1) a party to the arbitration agreement is also a party to a pen... More... $0 (4/12/2008 - CA )
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Advocate International, LP v.<
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AdvoCare International, L.P. formulated and sold products for improving
nutrition and weight loss. It contracted with Horizon Laboratories, Inc. to
manufacture some of its products, including products with ephedra, an
ingredient that proved to be controversial. AdvoCare also contracted with
R-Squared and its owner, Richard Scheckenbach, to form... More... $5,000,000 (4/11/2008 - TX )
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State of Louisiana, etc., et a
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The Attorney General of Louisiana filed a class action, naming the State
and numerous Louisiana citizens as Plaintiffs. The class action alleged that the
Defendant insurance companies failed to pay covered insurance claims following
Hurricanes Katrina and Rita and as a result breached the insurance contracts
to which the State is a partial assi... More... $0 (4/11/2008 - LA )
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North American Medical Corpora
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Defendants-Appellants Axiom Worldwide, Inc. (“Axiom”), James Gibson,
Jr., and Nicholas Exarhos appeal the district court’s grant of a preliminary
injunction in favor of the Plaintiffs-Appellees, North American Medical
Corporation (“NAM”) and Adagen Medical International, Inc. (“Adagen”).1 The
district court enjoined the Defendants-Appellants fr... More... $0 (4/11/2008 - GA )
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Angel Flight of Georgia, Inc.<
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Since the early 1980s, private pilot organizations have operated throughout
the United States, arranging for volunteer pilots to transport needy patients and
donated organs to hospitals around the country. Historically, many of these
organizations have used the service mark “Angel Flight” to promote their services
and solicit donations.
I... More... $0 (4/11/2008 - GA )
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Blaylock Grading Company, LLP<
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On 20 September 2004 Blaylock Grading Company, LLP (“plaintiff”) and Neal Smith and Neal Smith Engineering, Inc. (“defendants”) entered into a contract pursuant to which defendants would provide land surveying services for plaintiff. The contract contained a “Risk Allocation” provision which stated:
[Defendants' liability to plain... More... $0 (4/4/2008 - NC )
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Hollywood Park Humane Soceity<
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This matter involves a dispute over methods used to control the deer population within the Town of Hollywood Park ("the Town"). The Hollywood Park Humane Society ("the Humane Society") and several Hollywood Park residents brought suit against the Town contesting several Town ordinances related to the management of the deer. Ultimately, the case pro... More... $0 (4/4/2008 - TX )
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Mario Mariasch v. Geh Gillette
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In this diversity case, Mario O. Mariasch, a citizen of California, claims that The Gillette Company, his former employer and a Delaware Corporation, wrongfully rejected his attempt to exercise stock options that he acquired in 1995 and 1996 as part of his executive compensation package. After Mariasch retired from Gillette on April 22, 2002, he ha... More... $0 (3/31/2008 - MA )
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David R. Geiger v. Foley Hoag<
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The genesis of this appeal is a contentious Massachusetts divorce. As part of the distribution of marital property, a state court judge assigned a portion of David Geiger's interest in three retirement plans to his (now ex) wife, Karen Leeds. In addition to exhausting his state court appeals of the divorce order, Geiger filed suit in federal court ... More... $0 (3/31/2008 - MA )
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Elaine M. Duffens, et al. v. I
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Higgs, Fletcher & Mack and David R. Clark for Defendants and Appellants.
Gilliland & Gilliland and Douglas S. Gilliland for Plaintiffs and Respondents.
Plaintiffs and respondents Elaine Duffens, Sandra Marnell, and Sandy Shaulis
(collectively respondents) brought an action against Irene Valenti, Valenti International
Limited, LLC and Valenti In... More... $0 (3/31/2008 - CA )
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Mid-Century Insurance Company<
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Plaintiff Mid-Century Insurance Company appeals a judgment in favor of defendant, its insured, in this action for breach of contract, money had and received, breach of settlement agreement, and breach of fiduciary duty. (1) As explained below, we agree with defendant that the trial court correctly rejected plaintiff's claims. Specifically, we concl... More... $0 (3/31/2008 - OR )
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Myisha Garcia v. Board of Educ
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Jessica Garcia, on behalf of her daughter Myisha, alleges that the
Albuquerque Public School District failed to formulate an individualized
education program for Myisha in the Fall semester of 2003, in violation of the
Individuals with Disabilities Education Act. By way of remedy, the Garcias seek
certain compensatory educational services. The ... More... $0 (3/28/2008 - NM )
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Sheila Fields v. Shelter Mutua
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Sheila Fields, an African-American, brought a race-discrimination suit against
her former employer, Shelter Mutual Insurance, Company (Shelter), pursuant to Title
VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Fields alleged that Shelter
treated her differently than its Caucasian employees with respect to her pay. Shelter
moved for s... More... $0 (3/25/2008 - AR )
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Gina Fiordelisi v. Mt. Pleasan
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The plaintiff homeowner, Gina Fiordelisi, appeals the judgment of the Circuit Court of St. Louis County confirming the arbitration award entered on her claims against the defendant contractor, Mt. Pleasant, LLC. The homeowner sued the contractor for breach of contract, negligence, intentional misrepresentation, and establishment of a constructive t... More... $0 (3/25/2008 - MO )
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Tom Johnson v. Stanley C. Radl
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[¶1.] The owners of Lot 696, Palisades Stone Placer, Lawrence County, South Dakota began subdividing their property in 1979. After each subdivision, the owners filed and recorded a plat with the Register of Deeds. On the first plat, the owners created Tract D, which was burdened by one easement. In three subsequent plats that created new tracts, th... More... $0 (3/23/2008 - SD )
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Rodney J. Barth v. State Farm<
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A fire destroyed plaintiff Rodney J. Barth’s home, and he filed a
fire loss claim with his insurer, State Farm. State Farm denied the
claim under an exclusion in Barth’s policy voiding coverage if the
insured intentionally concealed or misrepresented a material fact
impacting coverage. Barth filed a complaint against State Farm in the
circuit ... More... $0 (3/20/2008 - IL )
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Yvonne Hammond v. County of Lo
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Plaintiff and appellant Yvonne Hammond (plaintiff), a nursing instructor
employed by the Los Angeles County Sheriff’s Department (Department) sued her
employer, defendant and respondent County of Los Angeles (County), alleging
five violations of the Fair Employment and Housing Act (the FEHA).1 Plaintiff
also sued her supervisor, Betty Brennan (... More... $0 (3/20/2008 - CA )
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Anthony Sullivan v. Creenwood<
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This putative class action challenges the legality, under the Fair Credit Reporting Act ("FCRA" or "the Act"), 15 U.S.C. § 1681 et seq., of an unsolicited letter to a consumer about the offering of credit for a home loan. Defendant Greenwood Credit Union sent the letter to plaintiff, Anthony Sullivan, and others based on a list of individuals meeti... More... $0 (3/19/2008 - MA )
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Charlotte Bess v. Directv, Inc
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The defendant, DirecTV, Inc. (DirecTV), appeals from an order of the circuit court
of St. Clair County denying its motion to stay proceedings and to compel arbitration.
DirecTV argues that the circuit court erred in finding that the arbitration agreement was
procedurally and substantively unconscionable and, therefore, unenforceable. Initially, ... More... $0 (3/19/2008 - IL )
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John R. Dobson v. Mortgage Ele
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Defendant, First National Bank of Arizona (FNBA), appeals from the amended judgment of the trial court denying FNBA's motion to set aside a November 6, 2006 default judgment and awarding plaintiffs, John and Samatherith T. Dobson, damages in the amount of $600,000 in their wrongful foreclosure suit against FNBA. FNBA challenges the denial of its mo... More... $0 (3/18/2008 - MO )
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Cynthia Carpenter, et al., Res
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Countrywide Home Loans, a mortgage company, prepares legal documents to complete mortgage loan transactions and charges its customers a document preparation fee for this service. Because of this activity, Countrywide was a named defendant in a class action lawsuit against several mortgage lending institutions alleging that these companies were prac... More... $0 (3/18/2008 - MO )
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State of Kansas, ex rel. Paul<
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During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H. Sub. S.B. 244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L. 2007, ch... More... $0 (3/14/2008 - KS )
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The Rochester Buckhart Action<
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In May 2007, plaintiff, Rochester Buckhart Action
Group, filed a motion for preliminary injunction against defendant,
Robert Young, to enjoin him from constructing or operating
a hog farm on his property pending the outcome of litigation. In
May 2007, the trial court granted the preliminary injunction. In
August 2007, the court denied defendan... More... $0 (3/14/2008 - IL )
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Pfizer, Inc., et al. v. Teva P
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Appellant Teva Pharmaceuticals USA, Inc. (“Teva”) appeals from a final judgment of the United States District Court for the District of New Jersey, entered after a bench trial, in favor of Appellees Pfizer, Inc. et al. (collectively “Pfizer”). Pfizer Inc. v. Teva Pharms. USA, Inc., 482 F. Supp. 2d 390 (D.N.J. 2007). The district court held that Tev... More... $0 (3/13/2008 - DC )
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D. Jere' Webb v. Victoria Gitt
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¶ 1 Under Arizona law, an insurance agent’s clients may assert claims for professional negligence against the agent. We hold that clients may assign such claims to third parties.
I.
¶ 2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability poli... More... $0 (3/12/2008 - AZ )
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Cheryl D. Jacobson v. Kevin Le
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[¶1.] This opinion encompasses two separate appeals dealing with the same parties but involving independent issues and facts. Each will be addressed separately. In #24991, Cheryl Jacobson appeals the circuit court’s decision denying her request for attorney fees, and in #24492 & #24498, Kevin Leisinger appeals the circuit court’s dismissal of his d... More... $0 (3/12/2008 - SD )
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James B. Osman v. Karlen and A
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[¶1.] James Osman sued Dean Karlen, Karlen & Associates, Inc., and Gary Peterson alleging breach of contract and retaliatory discharge. After a bench trial, the circuit court found against Peterson on the breach of contract claim. The circuit court dismissed the retaliatory discharge claim and directed a verdict in favor of Karlen and Karlen & Asso... More... $0 (3/10/2008 - SD )
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Ace J. Blackburn v. Constantin
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Appellants/cross-appellees, Ace J. Blackburn, Jr., Joan A. Wagner, Chris A. Economou, and Gus Morfidis, as Personal Representatives of the Estate of Konstantinos Boulis a/k/a Gus Boulis (“The Estate”), appeal from the following orders of the trial court: (1) Order Granting Partial Summary Judgment in Favor of the Defendants; (2) Order Denying Defen... More... $0 (3/5/2008 - FL )
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Jagan M> Reedy v. MBKS Company
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Jagan M. Reddy (“Reddy”), the defendant below, appeals from an order of
the Court of Chancery granting summary judgment in favor of the plaintiffs below,
MBKS Company Limited, a British Virgin Islands corporation (“BVI”), and its
subsidiaries, MKBS Inc. and MKBS II Inc., both Delaware corporations (the
“MKBS companies”).1 The legal issue presen... More... $0 (3/3/2008 - DE )
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Primel Adajar, et al. v. RWR H
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In this construction defect case, defendants RWR Homes, Inc. and related entities
(collectively RWR)1 appeal an order denying their motion to compel arbitration and stay
the litigation as to certain plaintiffs. RWR contends the order violates federal and state
laws that favor arbitration. RWR, however, did not submit the arbitration agreeme... More... $0 (2/29/2008 - CA )
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James Alexander Cetto, II and<
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James and Elizabeth Cetto seek to rescind the refinancing of their
Virginia home based on their claim that the total points and fees
charged in the transaction qualified the loan as what is commonly
referred to as a "high-cost mortgage" under the Truth in Lending Act
("TILA") as amended by the Home Ownership and Equity Protection
Act ("HOEPA")... More... $0 (2/29/2008 - VA )
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Margaret A. Mullins v. Alice O
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On November 17, 1997, Margret Mullins contracted with Alice Oates to
buy three lots of real property located in Tok.1 The initial contract for sale provided that
the purchase price for these properties was $170,000; the down payment was $5,000; the
monthly payment was $600; interest on the principal would accrue at a rate of $6,000 per
year or ... More... $0 (2/29/2008 - AK )
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Firstplus Home Loan Owner 1997
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This is an appeal from an order certifying a class action. The cause of action by the
representative plaintiffs, individually, and on behalf of the members of each subclass, seeks
damages arising from the payment by them of interest that they allege is usurious to the trust
or trusts and their trustees that own or owned their loans. The cause of... More... $0 (2/28/2008 - AR )
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Augusto Ticconi, etc. v. Blue<
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The question before us is whether the trial court abused its discretion in denying a
motion to certify a class under Proposition 64. Plaintiff Augusto Ticconi sued his health
insurance provider defendant Blue Shield of California Life and Health Insurance
Company (Blue Shield Life)1 under the Unfair Competition Law (Bus. & Prof. Code,
§ 17200 (... More... $0 (2/27/2008 - CA )
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Ty, Inc. v. Softbelly's Inc.,<
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Ty Inc., the manufacturer of
“Beanie Babies,” years ago brought this suit for trademark
infringement under the Lanham Act against Softbelly’s,
Inc., and some other defendants that need not be
discussed separately. Softbelly’s manufactures a product
that looks and feels very much like “Beanie Babies,” which
it calls “Screenie Beanies.” They di... More... $0 (2/27/2008 - IL )
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Real Estate Analytics, LLC v.<
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The court, sitting without a jury, found a property owner breached his contract to
sell a large parcel of coastal property to an investment company. The court, however,
refused to grant the buyer's request for specific performance based on the court's
conclusion that monetary damages were adequate because the buyer's primary motivation
was to q... More... $0 (2/26/2008 - CA )
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Keith Gayle Davis v. Forest Ri
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Defendant Forest River appeals as of right an order granting revocation of acceptance
under the Magnuson-Moss Warranty Act (the MMWA), 50 USC § 2301 et seq., to plaintiff of a
recreational vehicle (RV) manufactured by Forest River and sold by Kitsmiller RV1. We affirm,
albeit with one clarification.
As we discuss infra, the remedy of “revo... More... $0 (2/26/2008 - MI )
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American Rice, Inc. v. Produce
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In this Lanham Act/breach of contract action, the district court entered
judgment for Plaintiff-Appellant Cross-Appellee, American Rice, Inc (“ARI”)
against Defendant-Appellee Cross-Appellant Producers Rice Mill, Inc. (“PRMI”).
PRMI challenges that judgment on multiple grounds, and ARI complains of the
damage award. We affirm the district court... More... $1,256,635 (2/25/2008 - TX )
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Melanie Gayle King (Lyon), et<
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In 2004, the mother and father of the two minor children, who are the subject of this action,
were granted a divorce in the Chancery Court of Maury County at which time the mother was
designated as the primary residential parent of the two minor children, the father was awarded
residential time and vacation time, and the father was ordered to pa... More... $0 (2/22/2008 - TN )
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Southstar Equity, LLC, and Bro
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Southstar Equity, LLC, and Brookside Properties, Inc., the defendants in a
premises liability case, appeal the final judgment in favor of the plaintiff, Lai Chau, who
was a tenant at the Remington, a Tampa apartment complex owned by Southstar and
operated by Brookside. The judgment was based on a jury award of compensatory
damages against the d... More... $0 (2/22/2008 - FL )
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Acoustic Innovations, Inc. et<
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Appellants, Jay Miller (“Miller”), his wife, Joanne Miller, and Acoustic Innovations, Inc. (“Acoustic”), appeal an amended final judgment entered in favor of Appellee, Carey Schafer (“Schafer”); an order severing Acoustic’s counterclaims; and an order setting non-jury trial in this matter. Schafer cross-appeals. We affirm in all respects.
This cas... More... $1,957,000 (2/22/2008 - FL )
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Neil Hastings; Jennifer Karpiu
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Neil Hastings and Jennifer Karpiuk were employees of Northwest Airlines, Inc.
(“NWA”). They brought a class action lawsuit against alleged fiduciaries of two
separate NWA pension plans claiming the defendants breached their fiduciary duties
under §§ 409 and 502(a)(2) of the Employment Retirement Income Security Act of
1974 (“ERISA”), 29 U.S.C. ... More... $0 (2/22/2008 - MN )
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Vernon Schaaf, et al. v. Resid
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Investors Vernon Schaaf, Julian Boik, and Alfred Streufert appeal the district
court’s1 dismissal of their claims against Residential Funding Corporation (RFC) and
Heller Financial, Inc. The district court concluded that the investors failed to plead
a sufficient causal nexus between their financial losses and the allegedly fraudulent
actions o... More... $0 (2/22/2008 - MN )
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Estates of Jerome McKnight, et
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The Estates of Jerome McKnight, Deonte McKnight, Angela Marshall, Stephanie
McKnight, and Natasha Marshall appeal a September 11, 2006 order approving the accounting
of Bank of America. The order terminated the McKnight-Marshall Discretionary Irrevocable
Trust Agreement. Appellants were beneficiaries under this trust agreement. The order also
r... More... $0 (2/21/2008 - AR )
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