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Hotel Law
 
Shane Dawson v. Entek International

Shane Dawson (Dawson), a male homosexual, appeals the district court’s grant of summary judgment in favor of his former employer, Entek International (Entek), on claims of discrimination arising from his termination. Entek is an Oregonbased company that manufactures polyethylene battery separators. On appeal, Dawson argues that the district court erred when it applied the McDonnell Douglas Corp.... More...   $0 (01-11-2011 - OR)

Jose C. Perez v. Farmers Mutual Insurance Company

The issue presented by this appeal is whether a fifteen-passenger van owned by a church, which it used to transport members of the congregation to church services, falls within the definition of an "automobile" contained in N.J.S.A. 39:6A-2(a), thus requiring the van's insurer to provide coverage for personal injury protection (PIP) benefits. We conclude that such a vehicle does not constitute an ... More...   $0 (01-11-2011 - NJ)

Las Vegas Sands, LLC v. Amine T. Nehme

This diversity action arises out of a gambling debt Amine T. Nehme (“Nehme”) is claimed to owe Las Vegas Sands, LLC (the “Venetian”), on an unpaid casino “marker” in the amount of $499,000, plus interest.

A marker is a gambling credit instrument that allows a gambler to receive all or part of the credit line the casino has approved for him, based on the gambler’s prior credit ... More...
   $0 (01-11-2011 - NV)

Ken Hamlin v. Hampton Lumber Mills, Inc.

In this case, plaintiff was injured while working at defendant's mill. When plaintiff was released to return to work, defendant refused to reinstate him as required by ORS 659A.043, falsely asserting that he was a "safety risk." A jury awarded plaintiff lost wages of $6,000 and punitive damages of $175,000. On appeal, the Court of Appeals held that the punitive damages award was "grossly excess... More...   $0 (01-06-2011 - OR)

Boma A. Opuiyo v. Houston Auto M. Imports, Ltd. D/B/A/ Mercedes-Benz of Houston Greenway and Mercedes-Benz USA, LLC

We affirm the trial court’s judgment arising from Boma Opuiyo’s suit under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), which she filed in connection with a vehicle she purchased from Houston Auto M. Imports, Ltd. d/b/a Mercedes-Benz of Houston Greenway and Mercedes-Benz USA, LLC (collectively “Mercedes-Benz”). See Tex. Bus. & Com. Code Ann. §§ 17.41–17.63 (Vern... More...   $0 (01-06-2011 - TX)

Teressea G. Helm v. Commissioner of Social Security Administration

Teressea Helm challenges the Commissioner’s denial of her application for Social Security disability insurance benefits and supplemental security income payments, arguing that the Administrative Law Judge improperly rejected the opinion of her treating physician. Because the ALJ provided legally sufficient reasons for discounting the treating physician’s assessment of Helm’s work-related res... More...   $0 (01-04-2011 - KY)

Duane R. Bonds, M.D. v. Michael Leavitt

Dr. Duane Bonds appeals district court orders dismissing some of her employment claims and granting summary judgment against her on the others. We affirm in part, reverse in part, and remand for further proceedings.

I.

Bonds is an African-American female doctor who has worked during her medical career to fight "sickle cell disease and other medical disorders that severely impact ... More...
   $0 (01-03-2011 - MD)

Gunther Gassner v. Raynor Manufacturing Company

On May 30, 2000, plaintiff-appellant and cross-appellee, Gunther Gassner, sustained a workrelated back injury and, following surgery for the injury, a staphylococcal (staph) infection originating in his back area. On May 1, 2002, in settlement thereof, the Industrial Commission (Commission) approved a “settlement contract” between Gassner and his employer, defendant-appellee and crossappellant... More...   $0 (12-27-2010 - IL)

Connie B. Lawson v. Safeway, Inc.

A large Safeway tractor trailer was parked legally on the side of U.S. Highway 101 (101) close to an intersection near Crescent City. The position of the tractor trailer blocked the view of oncoming traffic for a driver attempting to cross and turn onto 101. The driver‘s pickup truck collided with motorcyclist Charles Lawson whose wife Connie was riding with him as they traveled on 101. The Laws... More...   $0 (12-30-2010 - CA)

Jerry L. and Susan Ashenfelter v. Amy S. Mulligan

Amy Mulligan appeals a district court order allowing her parents, Jerry and Susan Ashenfelter, to review her medical and mental health records for purposes of their petition seeking grandparent visitation with Amy’s son, A.M. This case has become moot because the ability to seek court-ordered grandparent visitation is now limited to grandparents whose own child has died. Because the issue of men... More...   $0 (12-30-2010 - IA)

Glenda Sue Claus v. Intrigue Hotels, L.L.C.

Intrigue Hotels, L.L.C. appeals from a judgment entered in the Circuit Court of Jackson County in favor of Glenda Claus in her action for age discrimination, awarding her $50,000.00 in actual damages and $150,000.00 in punitive damages. For the following reasons, the judgment is affirmed.

Claus started working at the Park Place Hotel in Kansas City, Missouri, in 1984 as a room attendant. ... More...
   $0 (12-28-2010 - MO)

John C. Rezner v. Bayerische Hypo-Und Vereinsbank AG

John C. Rezner filed this action against Bayerische Hypo- Und Vereinsbank AG d/b/a HVB Group and HVB Structured Finance, Inc. (collectively “HVB”) for violation of the Racketeer Influenced and Corrupt Organizations Act of 1970 (“RICO”), codified at 18 U.S.C. §§ 1961 et seq., and the Unfair Business Practices Act of California (“UCL”), codified at Cal. Bus. & Prof. Code §§ 17200 et ... More...   $0 (12-28-2010 - CA)

Patricia Mills v. John B. Booth, II

On November 10, 2009, Patricia Mills (“Plaintiff”), individually and on her deceased mother’s behalf, filed a wrongful death lawsuit against Booth and James Turlington (“Turlington”). Plaintiff is the daughter of Altha Turlington (the “Decedent”) who was killed in the automobile accident that occurred on November 8, 2008. The Decedent was a passenger in a vehicle being driven by Turl... More...   $0 (12-28-2010 - TN)

Mitchell Dwayne Gentry v. Jerica Renae Gentry

Plaintiff, (“father”), brought this action on January 2, 2009, against defendant (“mother”) alleging that she had been guilty of inappropriate marital conduct. The Complaint alleged that the parties had two children, d.o.b. 10/01/03, and d.o.b. 2/01/07, and the father sought designation as the primary residential parent, along with child support, alimony, and equitable distribution of the ... More...   $0 (12-28-2010 - TN)

Luis San Roman v. Children's Heart Hospital Center, Ltd. d/b/a Russ Children's Health Heart Center

In this medical malpractice action, the plaintiff minor patient and his father appeal from an adverse judgment, arguing a subsequent treating physician should not have been allowed to testify for the defendant physician and that jury instructions improperly referred to the standard of care of a well-qualified “pediatric interventional cardiologist,” which is not a board-certified medical speci... More...   $0 (12-23-2010 - IL)

Chad Wilson v. Noble Drilling Services, Inc.

Chad Wilson (“Wilson”), brought suit against his employer, Noble Drilling Services, Inc. (“Noble”), alleging that he was discharged in violation of the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-54, and that Noble is liable for breach of contract under state law. The district court granted summary judgment in favor of Noble on both claims. We AFFIRM.

FACTS AND PROC... More...
   $0 (12-23-2010 - TX)

Jason Kawakami v. Kahala Hotel & Resort

Jason Kawakami individually and on behalf of 1,300 others sued Kahala Hotel & Resort on a class action fraud theory claiming that the hotel wrongfully charged service fees on food and beverages without disclosing that the money was used to pay costs and expenses rather than tips and wages for employees as required by state law. Plaintiff claimed that state antitrust law designed to protect consume... More...   $807344 (12-18-2010 - )

David Skotticelli v. Club Misty, d/b/a Tequila Roadhouse

This is a permissive appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308). Plaintiff David Skotticelli brought this action for personal injuries he sustained as a result of a fight with Pedro E. Diaz inside Tequila Roadhouse, a tavern owned and operated by defendant Club Misty, Inc. Plaintiff served Club Misty with a request to admit facts under Supreme Court Rule 216 (134 Ill. 2d R. 216). Clu... More...   $0 (12-17-2010 - IL)

Dennis Laviage and Cynthia Laviage v. Champion Landscape Supplies, Inc.

In this contract dispute, appellants Dennis and Cynthia Laviage appeal a judgment entered in favor of Champion Landscape Supplies, Inc. In two issues, appellants contend the trial court erred in (1) finding they breached a contract with appellee, and (2) awarding attorney’s fees because appellants did not breach a contract. We affirm.

Background

Appellee filed suit against appell... More...
   $0 (12-02-2010 - TX)

Edward A. Copley, et al. v. Sarah Johnson Pitt, et al.

This appeal arises from a probate proceeding in which a jury found Belton Kleberg Johnson (“B”) executed certain wills and trusts as a result of undue influence. The jury further found that the reasonable and necessary fees and expenses for the services of Plaintiffs’ attorneys in connection with both the will contest and the trust contest were in excess of $6.1 million, plus additional att... More...   $0 (12-01-2010 - TX)

Edward A. Copley v. Sarah Johnson Pitt

This appeal arises from a probate proceeding in which a jury found Belton Kleberg Johnson (“B”) executed certain wills and trusts as a result of undue influence. The jury further found that the reasonable and necessary fees and expenses for the services of Plaintiffs’ attorneys in connection with both the will contest and the trust contest were in excess of $6.1 million, plus additional att... More...   $0 (12-01-2010 - TX)

Zachary Eaton v. Penn-America Insurance Coompany

This appeal traces its genesis to a fracas at a nightclub. At this stage of the proceedings, there is no genuine dispute about the material facts. We rehearse them briefly.

On the evening of November 23, 2005, plaintiff-appellant Zachary Eaton went to a nightclub in Orono, Maine. Another patron, not related to the appellant, behaved inappropriately while dancing in the mosh pit. ... More...
   $0 (11-26-2010 - ME)

Lance A. Fleming and All Other Occupants v. Fannie Mae a/k/a Federal National Mortgage Association

Appellant Lance A. Fleming and All Other Occupants (Fleming) appeal the trial court’s judgment awarding possession of real estate to Appellee Fannie Mae a/k/a Federal National Mortgage Association. In three issues, Fleming argues that the trial court erred by rendering judgment for Fannie Mae because (1) Fannie Mae’s pleading is invalid, (2) a business records affidavit tendered to the trial ... More...   $0 (11-24-2010 - TX)

DRD Enterprises, L.L.C. v. Todd Thomas Flickema, et al.

[¶1.] Appellant DRD Enterprises, LLC commenced a declaratory action against Todd and Dawn Flickema (Flickemas) and PSC Properties, LLC to obtain an access easement across their properties. DRD based its claim upon a “Blanket Easement” granted by Dakota Resorts Management Group (Dakota Resorts), a prior owner of Flickemas’ and PSC’s properties. The circuit court concluded that the Blanket ... More...   $0 (11-17-2010 - SD)

Kevin Loye v. County of Dakota

On the afternoon of September 6, 2004, boys stole two bottles of mercury from an abandoned building, took this hazardous substance to a playground near the Rosemount Woods mobile home park, and released it while playing. Before police from the City of Rosemount, Minnesota were notified and arrived at the scene, people, homes, and vehicles were contaminated. Police officers knocked on doors to iden... More...   $0 (11-17-2010 - ND)

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