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Adnrew A. Lang, Jr. v. Commonwealth of Pennsylvania Department of Transportation

In this eminent domain case, Andrew A. Lang, Jr. (Lang) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation’s (DOT) preliminary objections to Lang’s petition for the appointment of a board of viewers (petition for viewers) alleging a de facto taking occurred prior to DOT’s filing of a declaration of taking.
<... More...
   $0 (02-18-2011 - PA)

Edward A. Copley v. Sarah Johnson Pitt

Appellants’ motion for rehearing is denied. This court’s opinion and judgment dated December 1, 2010 are withdrawn, and this opinion and judgment are substituted. Our prior opinion contained an incorrect reference to Laura Johnson serving as co-trustee of a foundation as opposed to Laura Johnson serving as co-trustee of a management trust. We substitute this opinion to delete the erroneous ... More...   $0 (02-16-2011 - TX)

C.W. Mining Company v. Aquila, Inc.

C.W. Mining Corporation (“C.W.”) is the debtor in this involuntary Chapter 7 bankruptcy proceeding. On summary judgment, the bankruptcy court determined that the creditors who filed the involuntary petition were “qualifying creditors” as required to trigger involuntary bankruptcy. C.W.’s former managers (“the Managers”),1 purporting to act on C.W.’s behalf, appealed the grant of su... More...   $0 (02-14-2011 - UT)

John Rucker v. Oasis Legal Finance, L.L.C.

This case presents the issue of the enforceability of a forum selection clause.

The plaintiffs, on behalf of themselves and a purported class of others similarly situated, filed a declaratory judgment action outside of the contractually chosen forum, and the defendant moved to dismiss based on improper venue. The District Court denied the defendant’s motion, concluding that giving effect ... More...
   $0 (02-11-2011 - AL)

John Rucker v. Oasis Legal Finance, L.L.C.

This case presents the issue of the enforceability of a forum selection clause. The plaintiffs, on behalf of themselves and a purported class of others similarly situated, filed a declaratory judgment action outside of the contractually chosen forum, and the defendant moved to dismiss based on improper venue. The District Court denied the defendant’s motion, concluding that giving effect to the ... More...   $0 (02-11-2011 - AL)

Plaintiff B v. Joseph R. Francis

Anonymous Plaintiffs-Appellants J, S, B, and V sued Joseph R. Francis and Mantra Films, Inc., MRA Holdings, LLC, and Aero Falcons, LLC—companies owned or controlled by Francis—for damages stemming from films the Defendants produced in which the Plaintiffs, while under the age of eighteen, exposed their breasts and engaged in sexually explicit acts. The Plaintiffs filed a motion to maintain the... More...   $0 (02-11-2011 - FL)

Kelly A. LeBlanc v. Logan Hilton Joint Venture

The appeal in this wrongful death action requires us to define the potential liability of architectural parties in the circumstances of a large construction project, an extensive contract for their services, and the involvement of multiple codefendants. It presents a challenging exercise in civil procedure.

On August 4, 2004, Roger LeBlanc, a maintenance electrician employed by the Massachu... More...
   $0 (02-09-2011 - MA)

Daniel T. Chappell v. William Wenholz

¶1 In this appeal we decide whether participants in a brawl can be held jointly liable under Arizona Revised Statutes (“A.R.S.”) section 12-2506(D)(1) (2003) for injuries inflicted on common foes. We hold that under the circumstances of this case, sufficient evidence exists that defendants/appellees William Wenholz and Michael Bean acted in concert to inflict injuries on plaintiffs/appellants... More...   $0 (02-08-2011 - AZ)

Michelle C. Ferguson v. Jason E. Ferguson

This is an appeal from an order voiding a provision of a mediated marital settlement agreement as a result of changes in the economy. Based upon the bedrock principle of contract law—applicable as well to marital settlement agreements—that bad deals are as enforceable in the law as good deals, we reverse the order under review.

The mediated marital settlement agreement in this case was ... More...
   $0 (02-02-2011 - FL)

Marisol Alonso, etc. v. Ford Motor Company

Marisol Alonso appeals an order denying a motion for new trial based on alleged misconduct by certain jurors. Ms. Alonso is the personal representative for the estate of Kristine Fernandez, original plaintiff in a severe (and ultimately fatal) motor vehicle collision and rollover case. After a three-week trial, the jury returned a verdict in favor of appellee Ford. We affirm the denial of the moti... More...   $0 (02-02-2011 - FL)

Steven Abel v. Southern Shuttle Services, Inc.

Upon consideration of Plaintiff-Appellant’s petition for panel rehearing, we vacate the prior opinion in this case, issued on September 21, 2010 and published at 620 F.3d 1272 (11th Cir. 2010), and substitute the following opinion in its place. In this opinion, we revise footnote six, but do not change the opinion in any other respect. Accordingly, Plaintiff-Appellant’s petition for panel rehe... More...   $0 (01-28-2011 - FL)

James L. Brown v. Milton C. Grimes

For the following three reasons, the trial court refused to enforce a fee-sharing agreement between lawyers—plaintiff James Brown and defendant Milton Grimes—arising out of cases they handled in Texas: Brown had not performed his contractual responsibility to pay Paul Ross, a third party; Brown had unclean hands because he had unethically agreed to share his fees with Ross, a former lawyer who... More...   $0 (01-27-2011 - CA)

Assessor of Roger Mills County v. Unit Drilling Company

¶1 This appeal was retained by this Court because it presents an issue of statewide public concern: whether the method of valuing personal property used in the exploration of oil, natural gas, and other minerals set forth in 68 O.S.Supp.2010, § 2817(L) violates the constitutional requirement to value all personal property at its fair cash value found in Article 10, § 8(A)(1) of the Oklahoma Con... More...   $0 (01-25-2011 - OK)

Ma'Lissa Simmons v. United Mortgage and Loan Investment, LLC

The primary question presented in this appeal is whether the district court erred in holding that the contents of a particular letter from defense counsel to counsel for the plaintiffs, as clarified by a follow-up letter from defense counsel thirteen days later, rendered moot the plaintiffs’ claims for unpaid overtime wages in a collective action under the Fair Labor Standards Act (FLSA), 29 U.S... More...   $0 (01-24-2011 - NC)

Enbridge Pipeline (Illinois) L.L.C. v. Michael S. Moore

Before us for decision are consolidated appeals from judgments, all in favor of the plaintiff, in 18 lawsuits brought in two federal district courts in Illinois under the diversity jurisdiction. (Origi2 nally there were 25 suits; three of the other seven were settled; presumably the defendants in the other four simply accepted their defeat.) Illinois law is agreed to govern the substantive issues.... More...   $0 (01-24-2011 - IL)

Ma'Lissa Simons v. United Mortgage and Loan Investment, L.L.C.

The primary question presented in this appeal is whether the district court erred in holding that the contents of a particular letter from defense counsel to counsel for the plaintiffs, as clarified by a follow-up letter from defense counsel thirteen days later, rendered moot the plaintiffs’ claims for unpaid overtime wages in a collective action under the Fair Labor Standards Act (FLSA), 29 U.S... More...   $0 (01-24-2011 - NC)

Chisos, Ltd. v. JKM Energy, L.L.C.

{1} This case involves a dispute over the ownership of certain interests in two oil wells—the Stetson well and the HL2 well—both of which are located in the W/2 of Section 2, Township 19 South, Range 29 East, N.M.P.M., Eddy County, New Mexico (the W/2 of Section 2). The case presents two issues: (1) Did the “Conveyance and Bill of Sale” Appellant Chisos, Ltd. (Chisos), and Appellee JKM Ene... More...   $0 (01-13-2011 - NM)

Isle Of Wright County v. Alan Nogiec

Alan Nogiec, a former director of the Parks and Recreation Department of Isle of Wight County (County), sued the County for breach of contract and its assistant administrator, Patrick Small, for defamation. A jury found for Nogiec on both claims, and the County and Small appealed. We granted review to consider two questions: first, whether the evidence on damages was sufficient to support the jury... More...   $0 (01-13-2011 - VA)

Isle of Wright County v. Alan Nogiec

Alan Nogiec, a former director of the Parks and Recreation Department of Isle of Wight County (County), sued the County for breach of contract and its assistant administrator, Patrick Small, for defamation. A jury found for Nogiec on both claims, and the County and Small appealed. We granted review to consider two questions: first, whether the evidence on damages was sufficient to support the jury... More...   $0 (01-13-2011 - VA)

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)

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