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Hotel Law
 
Reda A. Ginena, et al. v. Alaska Airlines Inc.

Five Egyptian businessmen and four women sued Captain Mike Swanigan and Alaska Airlines Inc. on defamation theories claiming that they were injured and/or harmed when the captain of the flight that they were on was diverted to Reno and they were taken off the plane bound for Las Vegas on September 29, 2003.

Alaskan Airlines claimed that the Plaintiffs interfered with the flight crew and ... More...
   $0 (03-06-2013 - NV)

The People v. Ryan Luke Powell

A felony information charged Ryan Luke Powell with one count of second degree robbery in violation of Penal Code sections 211 and 212.5, subdivision (c) (further code references are to the Penal Code). Over Powell’s objection, the trial court instructed the jury on theft by false pretense as a lesser included offense of the charged crime of second degree robbery. The jury acquitted Powell of rob... More...   $0 (03-05-2013 - CA)

Dittmer Properties v. FDIC

Dittmer Properties, L.P., Dittmer Holdings, L.L.C., Barkley Center Holdings, L.L.C., Bufurd Farrington, and UMB Bank, N.A. (collectively "Dittmer") appeal the district court's1 dismissal under Federal Rule of Civil Procedure 12(b) of their two lawsuits against a failed bank, the Federal Deposit Insurance Corporation (FDIC) as the bank's receiver, and Cathy Richards, successor personal representati... More...   $0 (02-28-2013 - MO)

Carbon Capital II v. Estate of James Wallace Tutt, III

In this consolidated appeal, Appellants/Judgment Creditors Hotel 71 Mezz Lender, LLC (“Hotel 71”) and Carbon Capital II (“Carbon Capital”) (together with Hotel 71, “Appellants”) seek review of two final summary judgments entered in favor of the Estate of James Wallace Tutt, III (“Tutt” or “the Estate,” as appropriate).1 Both Hotel 71 and Carbon Capital had garnished Tutt and we... More...   $0 (02-27-2013 - FL)

Mosell Equities, LLC v. Berryhill & Company, Inc.

This is an appeal out of Ada County from an order granting a judgment notwithstanding the verdict in a commercial lawsuit in which the jury found in favor of the defendant. We reverse the order and remand this case for consideration of the plaintiff’s motion for a new trial.

I.

Factual Background.

Glenn Mosell is a commercial real estate broker in investment sales and a land... More...
   $0 (02-22-2013 - ID)

Newport Operating Corp. v. Westgate Miami Beach, Ltd.

Newport Operating Corporation (“Newport”) appeals from the denial of a Florida Rule of Civil Procedure 1.540 motion seeking relief from an order granting prejudgment interest. We affirm.

The case between Westgate Miami Beach, Ltd. (“Westgate”), and Newport arises out of a series of commercial disputes involving timeshare agreements at the Newport Beachside Hotel in Sunny Isles. We... More...
   $0 (02-20-2013 - FL)

Mastercraft Floor Covering, Inc. v. Charlotte Flooring, Inc.

Mastercraft Floor Covering, Inc. sued Charlotte Flooring, Inc. on a breach of contract theory claiming:

1. Mastercraft is an Oklahoma corporation with its principal place of business in Tulsa County, State of Oklahoma.

2. Defendant is a foreign corporation, and upon information and belief, its principal place of business is in Charlotte, North Carolina.

3. The claims ass... More...
   $0 (02-16-2013 - OK)

Frazier Caudle v. District of Columbia

Appellees Frazier Caudle, Nikeith Goins, William James, Sholanda Miller and Donald Smalls (collectively, appellees) sued the District of Columbia (District), their employer, for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (Title VII). During closing argument, their counsel made four inappropriate statements—the last three of which occurred after the ... More...   $0 (02-16-2013 - DC)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial court erred in... More...   $0 (02-14-2013 - TX)

Carris James v. Hyatt Regency Chicago

James has been an employee of Hyatt Regency Chicago (“Hyatt”) since 1985. In April 2007, James took a leave of absence due to an eye injury that occurred outside of work. James filed suit in 2009 claiming that Hyatt violated his rights under the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., as well as the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et se... More...   $0 (02-13-2013 - IL)

Matt Luiken v. Domino's Pizza, LLC

The district court certified a Rule 23(b)(3) class of about 1,600 Minnesota delivery drivers employed by Domino’s Pizza LLC between March 6, 2006, and February 28, 2010. The drivers allege that, under Minnesota law, a fixed delivery charge that customers paid Domino’s was a gratuity wrongfully withheld from them.

This court granted an interlocutory appeal and now reverses the class cert... More...
   $0 (02-05-2013 - MN)

Ralph G. Canning, III v. Beneficial Maine, Inc.

Plaintiffs-Appellants, Ralph G. Canning III and Megan L. Canning (the "Cannings"), filed a Chapter 7 bankruptcy petition and sought to surrender their residence. When their mortgage lenders, Defendants-Appellees, Beneficial Maine, Inc., HSBC Mortgage Services, Inc., and HSBC Mortgage Corporation (collectively "Beneficial"), refused to foreclose or otherwise take title to the residence, the Cannin... More...   $0 (02-01-2013 - MA)

Sammy Hotel, LLC v. Central Asset Management, Inc. d/b/a TDC Construction

Sammy Hotel, LLC, Kajal Inn, LLC and Metro Carwash, Inc. sued Central Asset Management, Inc. d/b/a TDC Construction on breach of contract theories claiming:

1. Plaintiffs are entities created and existing under the laws of the State of
Oklahoma with their principal places of business in the State of Oklahoma; Sammy
Hotel, L.L.C. is the nominee and agent of, and is composed of, Kaj... More...
   $195207 (01-31-2013 - OK)

Okon Eyo Onyung, M.D. v. Comfort Nkasi Onyung

Appellants Okon Eyong Onyung, M.D., The Law Offices of Yuen & Associates, P.C., The Law Offices of Yuen & Associates, PLLC, and Xenos Yuen appeal from a final judgment entered on two cases that were consolidated for a trial by jury. In one of the cases, Dr. Onyung sued appellees Comfort Nkasi Onyung (Dr. Onyung’s wife, hereinafter referenced as Mrs. Onyung), Christine Enebong Onyung (the Onyungs... More...   $0 (01-31-2013 - TX)

Shawn Drumgold v. Timothy Callahan

In the summer of 1988, twelve-year-old Darlene Tiffany Moore was killed by a stray bullet during a gang-related shooting in Boston. Appellant Shawn Drumgold was tried and convicted of Moore's murder in Massachusetts state court in the fall of 1989. After serving fourteen years of his life sentence, Drumgold moved for a new trial on the ground that exculpatory evidence had been withheld by several... More...   $0 (01-31-2013 - MA)

Freddy D'Agastino v. The City of Miami

This is an appeal from a final judgment entered on cross motions for summary judgment. Appellants contend, as they argued below, that section 112.533(1), Florida Statutes (2007), provides the exclusive means to investigate allegations of police misconduct, and the City of Miami Ordinance creating a Civilian Investigative Panel (CIP) to oversee the sworn police department directly conflicts with th... More...   $0 (01-27-2013 - FL)

Haim Avidor v. Sutter's Place, Inc.

Plaintiff Haim Avidor is the lead plaintiff in this class action by current and former card dealers employed by defendant Sutter's Place, doing business as Bay 101 (often abbreviated by the parties as Bay 101 or the casino), which operated a cardroom in San Jose. Bay 101 required its dealers to contribute a set amount of the gratuities they received from players to a common account, which was dist... More...   $0 (01-26-2013 - CA)

United States of America v. Terrence Rutland

Does the operation of a drug business out of your home involve interstate commerce? In this case, Terrence Rutland was convicted in federal district court on robbery, narcotics, and firearm charges. Rutland contends his federal conviction for robbery and use of a firearm during a violent felony are invalid, arguing that the robbery of a drug dealer at his home did not interfere with interstate com... More...   $0 (01-22-2013 - WY)

Carolina Casualty Insurance Company v. L.M. Ross Law Group, L.L.P.

The Chapter 11 Trustee for Leonard M. Ross and The Leonard M. Ross Revocable Trust (U/D/T 12-20-85) appeals from an amended judgment in favor of Carolina Casualty Insurance Co. (Carolina Casualty) entered after the trial court granted in part a motion to amend the original judgment against L.M. Ross Law Group, LLP (Ross Law Group) to include Ross individually as a judgment debtor. (The court denie... More...   $0 (01-16-2013 - CA)

Fane Lozman v. the City of Riviera Beach

The Rules of Construction Act defines a “vessel” as in- cluding “every description of watercraft or other artificialcontrivance used, or capable of being used, as a means of transportation on water.” 1 U. S. C. §3. The question beforeus is whether petitioner’s floating home (which is not selfpropelled) falls within the terms of that definition.
In answering that question we focus pr... More...
   $0 (01-15-2013 - GA)

Forrest Construction, Inc. v. The Cincinnati Insurance Company

In this diversity case applying Tennessee law, defendant, The Cincinnati Insurance Company,
appeals from a grant of summary judgment to its policyholder, plaintiff Forrest Construction, Inc.
Forrest Construction sued Cincinnati Insurance for refusing to defend Forrest pursuant to the terms of a
commercial general liability policy after Forrest was sued in state court by customers for... More...
   $0 (01-11-2013 - TN)

Marjorie Friedman Scherr v. Marriott International, Inc.

Marjorie Friedman Scherr, an elderly woman who required the use of a walker, booked a room at the Courtyard Marriott Hotel in Overland Park, Kansas, in March 2006. She requested a room that complied with the Americans With Disabilities Act (“ADA”). The hotel had recently undergone a renovation and had installed spring-hinged door closers on the bathroom doors of some of its rooms, including th... More...   $0 (01-08-2013 - IL)

City of Wichita, Kansas v. Kenneth D. Denton

This is an eminent domain proceeding involving the City of Wichita's condemnation for highway purposes of a tract of land owned by Kenneth Denton and located on the northwest corner of the intersection of Kellogg and Rock Roads. Clear Channel Outdoor, Inc., leased from Denton approximately 500 square feet of the property for operation of a double-sided, tri-vision billboard. The tract was valued a... More...   $0 (01-04-2013 - KS)

Estoril, Inc. v. Mayfield Condominium Association, Inc.

Estoril Incorporated (“Estoril”) appeals a final judgment entered by the trial court after granting summary judgment in favor of Mayfield Condominium Association, Inc. (“Mayfield” or the “Association”). For the reasons set forth below, we reverse.

This appeal centers around the Espirito Santo Plaza (“Espirito”), a multi-use, high-rise building in Miami comprised of a hotel c... More...
   $0 (01-02-2013 - FL)

I-10 Colony, Inc. v. Chao Kuan Lee

We overrule the motion for rehearing, withdraw our opinion dated September 25, 2012, and issue this substitute opinion. This case involves a dispute over the ownership of and profits derived from a hotel property. In its final judgment, the trial court held that appellee Chao Kuan Lee and Henry Wu, the latter on behalf of appellant I-10 Colony, Inc., each owned an undivided 50 percent interest in ... More...   $0 (12-28-2012 - TX)

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