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Hotel Law
 
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)

Douglas Knutson v. City of Fargo, etc.

Douglas and Linda Knutson appeal from the order of the District Court dismissing without prejudice their 42 U.S.C. § 1983 suit against the City of Fargo, North Dakota.

On July 8, 2003, a cast-iron water main belonging to the City broke, flooding the Knutsons' property and damaging their house and yard. In August 2004, they filed suit against the City in state court seeking damages under ... More...
   $0 (04-12-2010 - ND)

Mortosports Holdings, LLC v. Town of Tamworth

The intervenors, Amy K. Berrier and other abutters, landowners and residents of Tamworth, appeal the decision of the Superior Court (Houran, J.) that vacated and remanded the Town of Tamworth Planning Board’s decision to deny the application for a special use permit sought by the petitioner, Motorsports Holdings, LLC (Motorsports). We affirm in part, reverse in part and remand.

I

W... More...
   $0 (04-09-2010 - NH)

Kyle Edwards v. Prime, Inc. d/b/a Ruth's Chris Steak House

Ruth’s Hospitality Group, the parent company of Ruth’s Chris Steak House, is proud of its origins. The company boasts that forty-five years after its founder, Ruth Fertel, mortgaged her home to purchase her first restaurant, it has grown into a chain of more than 120 steakhouse restaurants in seven countries. Though it has become an international operation, the company insists that “our succ... More...   $0 (04-09-2010 - AL)

John F. Tamburo v. Steven Dworkin

John Tamburo, an Illinois resident who operates a dog-breeding software business in Illinois, filed suit in the Northern District of Illinois alleging federal and state antitrust violations and several inten2 tional tort claims under Illinois law. His claims arise out of a dispute over the contents of a dog-pedigree software program he developed by lifting data from the defendants’ websites. He ... More...   $0 (04-08-2010 - IL)

The Swahn Group, Inc., et al. v. Malcolm S. Segal, et al.

This legal malpractice case tenders the doctrine of judicial estoppel, which precludes a party from taking inconsistent positions in separate proceedings where the position in the first proceeding was adopted by the court or accepted by it as true. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 181 (Jackson).) Judicial estoppel differs from collateral estoppel or equitable estoppel i... More...   $0 (04-07-2010 - CA)

E & F Cox Family Trust, et al. v. City of Tulsa, et al.

PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT
AND BRIEF IN SUPPORT


             COME NOW Plaintiffs, E & F Cox Family Trust; Michael Samara; T.E. Morlan; Better Price Warehouse Sales Company, Inc.; and Koenig Properties, Inc.; pursuant to Rule 13 of the Rules for District Courts of Oklahoma, and move for Summary Judgment in this cause in their favor and agains... More...
   $0 (04-07-2010 - OK)

Comcast Corporation v. Federal Communications Commission and United States of America

In this case we must decide whether the Federal Communications Commission has authority to regulate an Internet service provider’s network management practices. Acknowledging that it has no express statutory authority over such practices, the Commission relies on section 4(i) of the Communications Act of 1934, which authorizes the Commission to “perform any and all acts, make such rules and re... More...   $0 (04-06-2010 - DC)

Del Lago Partners, Inc. v. Bradley Smith

This appeal concerns a bar owner’s liability for injuries caused when one patron assaulted another during a closing-time melee involving twenty to forty “very intoxicated” customers. The brawl erupted after ninety minutes of recurrent threats, cursing, and shoving by two rival groups of patrons. The jury heard nine days of conflicting evidence from twenty-one witnesses and found the owner fi... More...   $1480000 (04-02-2010 - TX)

Tri-County Unlimited, Inc. v. Kids First Swim School, Inc., et al.

Appellant, Tri-County Unlimited, Inc. (“Tri-County”), brought suit in the Circuit Court for Howard County against appellees, Kids First Swim School, Inc. and Gary Roth (collectively, “appellees”), alleging that it was owed for labor and materials expended in fulfilling its contractual obligations to build a swimming pool. Appellees filed an answer and a counterclaim.

On January 20, ... More...
   $0 (03-31-2010 - MD)

Amanda Cossaboon v. Maine Medical Center

Plaintiff Amanda Cossaboon, individually and as mother and next friend of E.C., appeals from the district court's dismissal of her medical malpractice action against defendant Maine Medical Center (MMC) for lack of personal jurisdiction. Cossaboon contends that MMC purposefully established sufficient contacts with New Hampshire to permit the exercise of general personal jurisdiction in New Hampshi... More...   $0 (03-25-2010 - NH)

Patricia Melom v. City of Madera

Appellant contends that the City of Madera (City) violated the California Environmental Quality Act (CEQA) and the City‟s municipal code by approving a commercial retail shopping center project without preparing a subsequent or supplemental environmental impact report (EIR) for the project after the site plan for the 795,000 square feet of retail space in the project was changed so that the larg... More...   $0 (03-24-2010 - CA)

Guadalupe Betancourt v. Burning Hills Hotel

Guadalupe Betancourt sued Burning Hills Hotel claiming that Defendant violated the Americans With Disabilities Act (ADA), 42 U.S.C. 12101 which provides:



(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of dis... More...
   $0 (03-23-2010 - OK)

Gregg C. Revell v. Port Authority of New York and New Jersey

Gregg C. Revell appeals from the dismissal of his claims, brought pursuant to 42 U.S.C. § 1983, seeking to impose liability upon the Port Authority of New York and New Jersey (“Port Authority”) and Port Authority Police Officer Scott Erickson for arresting him under New Jersey’s gun laws and seizing his firearm and ammunition. According to Revell, his arrest was unlawful because he was in c... More...   $0 (03-23-2010 - NJ)

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