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Hotel Law
 
David Roth v. Norfalco, L.L.C.

David Roth was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying Roth across his face and chest and inflicting severe burns. Roth brought suit, seeking damages for his personal injuries under the common law, but the District Court held that his lawsuit was preempted by the Hazardous Materials Transportation Act (―HMTA‖), 49 U.S.C. ... More...   $0 (06-28-2011 - PA)

C & M Builders, LLC v. Kelly Lynn Strub,

Kelly Lynn Strub (“Strub”), Respondent, sued C & M Builders, LLC (“C & M”), Petitioner, on behalf of her son alleging negligence in the death of her son’s father, Wayne Barry Nocar, II (“Nocar”). Prior to trial in the Circuit Court for Baltimore City, C & M successfully moved in limine to preclude Strub from introducing expert testimony that C & M either owed or breached a statutory ... More...   $0 (06-23-2011 - )

Gemini Investors Inc., v. Ameripark Inc.,

AmeriPark owns and runs valet service operations at restaurants, hotels, and shopping centers across the country. It was founded by Robert K. Patterson, who led the company until 2008. At the time relevant to this litigation, Greenfield Partners, L.L.C. ("Greenfield") owned 24.9 percent of AmeriPark. AmeriPark's brief suggests that these shares were held by tworelated companies ("GreenPark Inves... More...   $0 (06-23-2011 - MA)

Jerri L. Bishop v. Tariq, Inc.

Appellant Jerri Bishop filed this wrongful-death action after her husband drowned in a hotel swimming pool. A Pulaski County jury found in favor of the hotel’s owner and manager, appellees Tariq, Inc., and Joe Fisher, leading to this appeal. For reversal, Mrs. Bishop argues that the circuit court erred in 1) excluding evidence that the hotel violated a state regulation requiring a lifeline betwe... More...   $0 (06-22-2011 - AR)

Kevin O'Neil v. Electrolux Home Products, Inc.

This is a wrongful death action that arises out of the tragic death of a young boy in a power-mower accident. The boy's parents sued those responsible for the manufacture, design, and marketing of the riding mower.

The parties tried the case to a jury, primarily on a design-defect theory. During its deliberations, the jury submitted serial questions to the district court. The court... More...
   $0 (06-17-2011 - MA)

Curtis Oswalt v. Resolute Industries, Inc.

In this admiralty case, Resolute Industries, Inc., appeals an adverse summary judgment on its products liability claims against Webasto Products NA, Inc., the manufacturer of a heater that caught fire on Curtis Oswalt’s boat during repairs performed by Resolute’s employee. Resolute also challenges a judgment in Oswalt’s favor on his claim against Resolute for breach of the implied warranty o... More...   $0 (06-16-2011 - WA)

Dallas National Insurance Company v. Edwina Lewis

Appellant, Dallas National Insurance Company (“Dallas National”), challenges the trial court’s judgment, entered after a bench trial, in favor of appellee, Edwina Lewis, Individually and as Next Friend of Bryant K. Lewis, reversing the decision of the Texas Department of Insurance (“TDI”)—Division of Workers’ Compensation Commission appeals panel. In two issues, Dallas National cont... More...   $0 (06-16-2011 - TX)

Kevin O'Neill and Nancy O'Neil, Individually and as Administrators of the Estate of Liam E. O'Neil v. Electrolux Home Products, Inc., et. al.,

This is a wrongful death action that arises out of the tragic death of a young boy in a power-mower accident. The boy's parents sued those responsible for the manufacture, design, and marketing of the riding mower.

The parties tried the case to a jury, primarily on a design-defect theory. During its deliberations, the jury submitted serial questions to the district court. The court respo... More...
   $0 (06-15-2011 - MA)

Harriett Ellis v. CCA of Tennessee, L.L.C.

The plaintiffs in this case are former nurses who worked in the health care unit of a privately run jail. They maintain that their employer, defendant CCA of Tennessee LLC (“CCA”), subjected them to racial discrimination and a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. They also allege that their employment relationship ended when... More...   $0 (06-09-2011 - IN)

Sergio Corona v. State of Florida

Sergio Corona seeks review of the decision of the Fifth District Court of Appeal in Corona v. State, 929 So. 2d 588 (Fla. 5th DCA 2006). The case on review expressly and directly conflicts with the decisions of this Court in State v. Lopez, 974 So. 2d 340 (Fla. 2008), and Blanton v. State, 978 So. 2d 149 (Fla. 2008), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.More...   $0 (06-09-2011 - FL)

Deanne E. Casey v. Michael S. Casey

The primary issue before us is whether, on the facts of this case, the husband's military retirement pay should have been treated as a marital asset subject to division. The wife appeals from a February, 2009, judgment of divorce, arguing that the judge erred in treating the husband's military pension as income, and that the judge's findings of fact related to property division and child support w... More...   $0 (06-07-2011 - MA)

Marcos Arguello v. Sunset Station, Inc.

In this appeal, we primarily consider the scope of NRS 651.010(1), which limits the liability of hotels for “the theft, loss, damage or destruction of any property brought by a patron upon the premises or left in a motor vehicle upon the premises . . . in the absence of gross neglect by the owner or keeper” of the hotel. In particular, we consider whether NRS 651.010(1) shields a hotel from l... More...   $0 (06-02-2011 - NV)

Miami-Dade County v. Malibu Lodging Investments, LLC

Malibu Lodging Investments, LLC, (“Malibu”) is the owner of the City Inn, a multi-story hotel (the “Hotel”) abutting Interstate 95 and located within Miami- Dade County (the “County”). For some time, Malibu has been selling space on the north, south, and east sides of the Hotel for outdoor advertising signage1 (“advertising signage”). The County determined that this advertising sig... More...   $0 (06-01-2011 - FL)

James D. Meyer v. CUNA Mutual Insurance Society

Appellee and Cross-Appellant James Meyer (“Plaintiff” or “Meyer”), a Union Railroad employee for approximately 31 years, purchased a credit disability insurance policy from Appellant CUNA Mutual Group (“CUNA”) in connection with the financing by the URE Federal Credit Union (the “credit union”) of an automobile Meyer purchased. The policy would make the car loan payment on Meyer‟... More...   $0 (05-26-2011 - PA)

Donald Mealy v. B-Mobile, Inc.

Donald Mealy appeals a defense judgment on his counts against B-Mobile, Inc., and Guldmann, Inc., for loss of consortium and negligent infliction of emotional distress after the granting of a motion for judgment (Code Civ. Proc., § 631.8) in a nonjury trial. He contends the trial court’s findings that he suffered no cognizable damages on either count are based on legal error and are not support... More...   $0 (05-24-2011 - CA)

Downing/Salt Pond Partners, L.P., v. State of Rhodes Island and Providence Plantations et al.,

Downing/Salt Pond Partners, L.P., frustrated by two state agencies' restrictions on its development of a coastal residential subdivision in Narragansett, Rhode Island, appeals the district court's dismissal of its federal takings claims under the Supreme Court's ripeness requirements for such claims, set forth in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 ... More...   $0 (05-23-2011 - RI)

David Smalley v. Stowe Mountain Club, LLC

¶ 1. In this dispute between neighboring landowners, defendant Stowe Mountain Club, LLC (SMC) appeals from a judgment in favor of plaintiff David Smalley on his claim that portions of a golf course built and operated by SMC violate restrictive covenants in Smalley’s deed. SMC contends that, in granting declaratory and injunctive relief in favor of Smalley, the trial court: (1) misconstrued t... More...   $0 (05-20-2011 - VT)

Christus Spohn Health System Corporation v. John Ven Huizen

This is an appeal from the denial of a plea to the jurisdiction and motion to dismiss filed by appellant, CHRISTUS Spohn Health System Corporation d/b/a CHRISTUS Spohn Hospital Corpus Christi-Memorial (“Spohn”). The trial court denied Spohn’s motion, which sought dismissal of the health care liability claims of appellees, John Ven Huizen and Vanessa Ven Huizen, individually, and as next fri... More...   $0 (05-19-2011 - TX)

Morrell Masonry Supply, Inc. v. Scott Griffin & Associates, Inc.

Plaintiff/Appellant Morrell Masonry sells building supplies, such as stucco. Defendant/Appellee Scott Griffin & Associates (SGA) is a general contracting firm that builds houses on property it owns. Felix Ruiz d/b/a Ruiz Construction (“Ruiz”), a stucco, stone, and masonry work contractor, was hired by SGA to do stucco work on two houses SGA was building, one at 10 Oak Cove Lane and the oth... More...   $0 (05-19-2011 - TX)

Texan Drywall, Inc. v. Tony Le

Appellant Texan Drywall, Inc. appeals a take-nothing summary judgment and order of severance granted in favor of appellees Tony Le, Tho Le, K Hiem Do Hoang, Richard Lai, Sylvia Nguyen, Annie Nguyen, Patrick Trang, Phuong Nguyen, Patrick Nguyen, Thanh M. Nguyen, and Heather H. Trang. In two issues, Texan Drywall argues that the trial court erred in granting summary judgment in favor of the owners ... More...   $0 (05-19-2011 - TX)

Susan Saint Sing v. Nettles Island Marina

This is an appeal from an order of the Florida Commission on Human Relations regarding whether the presence of a restaurant and tiki hut transformed a marina into a “public accommodation” for the purposes of the Florida Civil Rights Act of 1992. Because further fact finding is needed to answer this question, we reverse. Appellant, who leased a boat slip from the Appellee, claims she was sexual... More...   $0 (05-13-2011 - FL)

Covenant Health System v. Linda Barnett and Robert Barnett

Appellant Covenant Health System[2] brings this interlocutory appeal[3] challenging the order of the trial court denying its motion to dismiss the claims of appellees Linda Barnett and Robert Barnett for their failure to serve an expert report. Finding the Barnetts’ claims are health care liability claims, we reverse the trial court’s order and remand the case to the trial court.

Backg... More...
   $0 (05-13-2011 - TX)

DKH Homes, LP v. Beth A. Kilgo and Billy R. Kilgo

DKH Homes, LP ("DKH") sued Beth and Billy Kilgo ("the Kilgos") for breach of contract alleging that the Kilgos failed to comply with a contractual obligation to build a new home, using DKH as the builder, on a lot they purchased from DKH. After a bench trial, the court found that the contract between DKH and the Kilgos did not contain an enforceable obligation to construct a home and that DKH's ev... More...   $0 (05-13-2011 - TX)

Cynosure, Inc. v. St. Paul Fire and Marine Insurance Company and St. Paul Guardian Insurance Company

This is a declaratory judgment action to determine coverage under a commercial policy insuring against liability for injury caused by advertising. The plaintiff Cynosure, Inc., is the defendant in an underlying civil action charging it with responsibility for sending commercial fax messages “without consent from the recipients” in violation of the Telephone Consumer Protection Act, 47 U.S.C. ... More...   $0 (05-12-2011 - MA)

Cynosure, Inc. v. St. Paul Fire and Insurance Company

This is a declaratory judgment action to determine coverage under a commercial policy insuring against liability for injury caused by advertising. The plaintiff Cynosure, Inc., is the defendant in an underlying civil action charging it with responsibility for sending commercial fax messages “without consent from the recipients” in violation of the Telephone Consumer Protection Act, 47 U.S.C. ... More...   $0 (05-12-2011 - MA)

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