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Hotel Law
 
Anthony Guy v. City of San Diego, et al.

Anthony Guy appeals the district court’s denial of his motion for a new trial on damages following a jury verdict that was reached in his 42 U.S.C. § 1983 action. The jury concluded that police officer David Maley used excessive force when he detained Guy during a late-night confrontation, but the jury awarded only nominal damages, and that prompts Guy’s appeal seeking a new trial solely on d... More...   $0 (06-17-2010 - CA)

Embassy, L.L.C., et al. v. City of Santa Monica, et al.

This case arises under the Ellis Act, Government Code section1 7060, et seq. The Ellis Act gives landlords "the unfettered right," as outlined in the statute, to remove their residential units from the rental market (City of Santa Monica v. Yarmark (1988) 203 Cal.App.3d 153, 165) and means that cities cannot prevent residential landlords from going out of the landlord business. (§ 7060.7.)
More...
   $0 (06-14-2010 - CA)

United States of America v. Steven Warshak

Berkeley Premium Nutraceuticals, Inc., was an incredibly profitable company that served as the distributor of Enzyte, an herbal supplement purported to enhance male sexual performance. In this appeal, defendants Steven Warshak (“Warshak”), Harriet Warshak (“Harriet”), and TCI Media, Inc. (“TCI”), challenge their convictions stemming from a massive scheme to defraud Berkeley’s custome... More...   $0 (06-12-2010 - OH)

Alan Kruss v. Jess Rae Booth, et al.

As we explain anon, the plaintiff in this difficult shareholder derivative suit must be given leave to amend his second amended complaint so as to allege violations of director fiduciary duty under California law. The plaintiff had alleged violations of California law in his prior, first amended complaint, but the trial court -- erroneously as we show below -- thought the case was governed by Neva... More...   $0 (06-11-2010 - CA)

H.H. Taylor v. Ramsay-Gerding Construction Company

Defendant ChemRex seeks reconsideration of our opinion on remand from the Oregon Supreme Court, 233 Or App 272, 226 P3d 45 (2010), in which we affirmed the jury's verdict in favor of plaintiffs on their breach of warranty claim. We allow reconsideration to address two contentions and adhere to our opinion as modified by the following discussion.

Defendant first asks that we address its sec... More...
   $0 (06-09-2010 - OR)

John Galliano, S.A. v. Stallion, Inc.

A court in Paris, France entered a money judgment in favor of John Galliano, S.A. (Galliano) against Stallion, Inc. (Stallion), and Galliano seeks to have that judgment recognized in New York. The Appellate Division, applying New York's Uniform Foreign Country Money-Judgments Recognition Act, codified at CPLR article 53, concluded that the French judgment should be recognized in New York (62 AD3d ... More...   $0 (06-08-2010 - NY)

Wayne Dawson v. Cheyovich Family Trust

Wayne Dawson appeals from various district court orders that resulted in John N. Bach receiving a three-quarter interest in certain real property. We remand the case to the district court for it to rule on Dawson‘s I.R.C.P. 60(b)(6) motion.

I.

On December 18, 2001, attorney Alva Harris, purportedly on behalf of Wayne Dawson and Jack Lee McLean,1 initiated a quiet-title action again... More...
   $0 (06-04-2010 - ID)

Paul Glover; Glover Construction Co., Inc. v. Carlisle Mabrey, III, et al.

Glover Construction Company and its owner, Paul Glover (collectively “Glover”) filed suit under 42 U.S.C. § 1983 against the Oklahoma Department of Transportation (ODOT) Commissioners and six department officials (collectively the ODOT defendants).1 The complaint alleged the ODOT defendants retaliated against Glover in violation of its First and Fourteenth Amendment rights. The ODOT defendant... More...   $0 (06-04-2010 - OK)

Levinson & Lichtman, LLP v. Gary A. Levinson, etc., et al.

Levinson & Lichtman, LLP, appeals an order granting Appellees Sharon Cook, Michael Kander, Susan Kander and Paul Kander’s motion to dismiss under Florida Rule of Civil Procedure 1.061. We conclude the trial court abused its discretion in granting the motion for two reasons: (1) despite reasonable efforts and supporting court orders, Levinson & Lichtman was improperly, and perhaps intentionally, ... More...   $0 (06-02-2010 - FL)

Jose A. Valencia, et al. v. Peter Michael Smyth, et al.

The California Association of Realtors publishes and periodically revises a standard form residential purchase agreement commonly used in California. The agreement contains an arbitration provision. We previously interpreted the October 2000 version of the agreement, concluding that, under the California Arbitration Act (CAA) (Code Civ. Proc., §§ 1280–1294.2), the trial court had the authority... More...   $0 (06-02-2010 - CA)

Miccosukee Tribe of Indians of Florida v. Kraus-Anderson Construction Company

In 2004, Kraus-Anderson Construction Company (“Kraus-Anderson”) sued the Miccosukee Tribe of Indians of Florida (the “Tribe”) for breach of contract in the Miccosukee Tribal Court. The Tribe denied liability and counterclaimed, alleging that Kraus-Anderson was the breaching party. Following a trial on the merits, the Tribal Court denied Kraus-Anderson’s claims and, finding for the Tribe ... More...   $0 (05-29-2010 - FL)

Carl J. Mayer v. Bill Belichick; The New England Patriots; National Football League

Plaintiff Carl J. Mayer appeals from the order of the United States District Court for the District of New Jersey granting the respective motions to dismiss filed by Defendants Bill Belichick and the New England Patriots (“Patriots”) as well as by Defendant National Football League (“NFL”). We will affirm.

I.

This highly unusual case was filed by a disappointed football fan a... More...
   $0 (05-27-2010 - NJ)

C.H. v. Cape Henlopen School District

This appeal arises from an order of the District Court, entered July 22, 2008, granting summary judgment in favor of the Cape Henlopen School District (the “District”) and denying appellants’ claim for reimbursement of private school tuition and other related costs for their disabled child under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq. Appellants cla... More...   $0 (05-27-2010 - DE)

Bradford A. Phillips, Clifton Phillips, Ryan T. Phillips and F. Terry Shumate v. United Heritage Corporation

It is a fundamental principle that the corporate structure normally insulates shareholders, officers, and directors from individual liability for the debts, liabilities, and obligations of the corporation. See Willis v. Donnelly, 199 S.W.3d 262, 271-72 (Tex. 2006). Nevertheless, their abuse of this privilege can result in the “piercing of the corporate veil” and the imposition of individual ... More...   $0 (05-26-2010 - TX)

Richard Anderson v. Durham D&M, L.L.C.

Richard Anderson appeals the district court's grant of summary judgment to Durham D& M, L.L.C. ("Durham") on his claims of race discrimination under Title VII and 42 U.S.C. § 1981, age discrimination under the Age Discrimination and Employment Act ("ADEA"), and a racially hostile work environment under § 1981.2

The district court3 granted summary judgment to Durham as to the race discrimi... More...
   $0 (05-26-2010 - MO)

State Farm Mutual Automobile Insurance Company v. Pramodh Koshy, et al.

[¶1] These related appeals center on a dispute regarding the ultimate responsibility for payment of damages arising out of a serious automobile accident in which the driver of a rented car was at fault. The parties’ challenges to several judgments of the Superior Court (York County, Fritzsche, J.) require us to address the varying responsibilities of the rental company, the corporate renter, th... More...   $0 (05-25-2010 - ME)

Hunt Construction Group, Inc. v. Brennan Beer Gorman / Architects, P.C.; Wilson Associates; S. DeSimone Cosulting Engineers, L.L.C., Cosentini Associates, Inc.

18 Plaintiff general contractor brought claims of negligence and negligent misrepresentation
19 against Defendant design professionals, over allegedly late and erroneous delivery of professional
20 services as part of the construction of a resort. Each party had a contract with the resort’s owner,
21 but the parties had no contract with each other. The District Court (Murtha, Judge) ... More...
   $0 (05-25-2010 - NY)

Northport Health Services v. Wayne Rutherford

These are separate actions to compel arbitration of state law tort claims asserted by Wayne Rutherford and Tresa Robinson, representatives of the estates of Isaac Rutherford and Donna Faye Snow. The claims arise out of incidents that occurred after Isaac Rutherford and Snow were admitted to nursing home facilities in Fayetteville and Springdale, Arkansas, operated by Northport Health Services of A... More...   $0 (05-19-2010 - AR)

Felton Bradley v. Allstate Insurance Company

This appeal involves an insurance dispute arising from the total destruction of Felton and Lucille Bradley’s home as a result of flood and wind damage suffered during Hurricane Katrina. The Bradleys’ homeowners policy with Allstate Insurance Company carried a dwelling limit of $105,600. The Bradleys have received $105,139.06 in total insurance payments for their dwelling—$41,339.06 under the... More...   $0 (05-11-2010 - LA)

The Gencom Group v. Garcia Stromberg, LLC, et al.

This is a petition for writ of mandamus or certiorari which seeks to compel a ruling on the question whether the petitioner is required to proceed to arbitration.

We conclude that the petition is well taken.

Garcia Stromberg, LLC (“the Architect”) is an architectural firm which entered into two contracts with RC Rose Island Hotel Company, Ltd. for architectural services. The cont... More...
   $0 (05-05-2010 - FL)

Praetorian Insurance Company v. Site Inspection

Praetorian Insurance Company (“Praetorian”) appeals the district court’s2 grant of summary judgment and award of attorney’s fees in favor of Site Inspection, LLC (“Site”). We affirm.

I.

Praetorian provides property insurance to hotels nationwide. Jerry Mayo, Praetorian’s property insurance underwriter, has final underwriting authority for all of the policies issued ... More...
   $0 (05-03-2010 - MO)

Lucas Nicolson v. Erica Pappalardo

This is an appeal from a proceeding in the district court under the Hague Convention on the Civil Aspects of International Child Abduction ("the Hague Convention"), which governs certain child custody disputes. Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 19 I.L.M. 1501. We begin with a description of the background events, drawn from ... More...   $0 (04-30-2010 - ME)

La Quinta Corporation; Baymont Franchising, LLC v. Heartland Properties, LLC; David W. Adams; Betty L. Adams

In this action alleging breach of a hotel franchise agreement and federal trademark infringement, defendants Heartland Properties LLC, David W. Adams, and Betty L. Adams appeal the district court’s denial of discovery-related motions, grant of summary judgment in favor of plaintiffs La Quinta Corporation and Baymont Franchising LLC, and the award of liquidated and treble damages to Baymont. We a... More...   $0 (04-28-2010 - KY)

The Family and Estate of Harriet Catherine Volner v. Viscount Suite Hotel

The Family and Estate of Harriet Catherine Volner, age 68, sued the Viscount Suite Hotel on a premises liability theory for her wrongful death. Plaintiffs claimed that Mrs. Volner fell down the stairs leading into the hotel's atrium. The stairs did not have a safety railing, a requirement of city building codes. They were also covered with "loud" that made the area appear flat.

Volner h... More...
   $2400000 (04-17-2010 - AZ)

Frederick J. Harrington, Jr. v. Atlantic Sounding Co., Inc.

Plaintiff-Appellee Frederick J. Harrington, Jr., 31 (“Harrington”) filed this action in the United States District 32 Court for the Eastern District of New York (Nina Gershon, 33 Judge), against Defendants-Appellants Atlantic Sounding Co., 34 Inc., Weeks Marine, Inc. (Atlantic Sounding’s corporate parent), 35 and the vessel MV CANDACE (collectively, “Defendants”) pursuant -3- 1 to the Jo... More...   $0 (04-16-2010 - NY)

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