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Hotel Law
 
MC HOLDINGS, L.L.C., Petitioner-Appellee, vs. DAVIS COUNTY BOARD OF REVIEW, Respondent-Appellant.

In this appeal, we must determine whether a taxpayer’s protest that included a cover letter addressed to the county board of review listing the property at issue, but enclosed a petition involving an unrelated property in another county substantially complied with the filing requirements in Iowa Code section 441.37 (2009). After the board refused its protest, the taxpayer appealed to the distric... More...   $0 (10-03-2012 - IA)

Kyle Medcalf v. John Lee Cornell

COMES NOW the Plaintiff’s, Kyle Medcalf and Shari Medcalf, individually and as Husband and Wife, and Craig Medcalf, individually, by and through their attorney of record, Gary I. James, and files their Petition herein against the Defendant, John Lee Cornell. For their causes of action against said Defendant, Plaintiffs allege and state the following:

OPERATIVE FACTS

That on or ... More...
   $62500 (10-02-2012 - OK)

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

This case involves a dispute over the ownership of and profits derived from a hotel property. In its final judgment, the trial court granted declaratory relief to appellee Chao Kuan Lee while finding his trespass to try title claim moot. The court further held that Chao Kuan Lee and Henry Wu, the latter on behalf of appellant I-10 Colony, Inc., each owned an undivided 50 percent interest in the pr... More...   $0 (09-25-2012 - TX)

Council of San Benito County Governments v. Hollister Inn, Inc.

This case involves two consolidated actions in eminent domain brought by the Council of San Benito County Governments (COG), a joint powers authority created under a joint powers agreement between the County of San Benito, the City of Hollister, and the City of San Juan Bautista, to acquire property for the Highway 25 Bypass Project. In the eminent domain proceedings, COG sought to condemn real pr... More...   $0 (09-19-2012 - CA)

Patricia Giacalone v. Housing Authority of The Town of Wallingford

The sole issue in this certified appeal is whether a landlord may be held liable, under a commonlaw theory of premises liability, for injuries sustained by a tenant after being bitten by a dog owned by a fellow tenant and kept on premises owned by the common landlord, when the landlord knew of the dog’s dangerous propensities, but did not have direct care of, or control over, the dog. The defend... More...   $0 (09-16-2012 - CT)

James Creel v. L & L, Inc.

[¶1] James Creel and Brenda Creel (collectively the Creels) attended the 2006 Wyoming Open Golf Tournament (Wyoming Open) as spectators. During the tournament, James Creel (Mr. Creel) was struck by a golf ball and suffered a head injury. The Creels thereafter filed an action for damages against several parties, including the golfer who hit the ball, a tournament official, and the operators of the... More...   $0 (09-14-2012 - WY)

B & G Aventura, LLC v. G-Site Limited Partnership

In 2005, the appellant/purchaser signed a detailed written contract to buy a residential condominium in a high-rise tower then under construction. After a pre2 closing walkthrough in January 2007, the purchaser asserted that the appellee/developer’s sales team had assured the purchaser that the condominium unit, once completed, would have an unobstructed view of the nearby marina. The as-built f... More...   $0 (09-14-2012 - FL)

Judy Elwell v. State of Oklahoma ex rel Board of Regents of the University of Oklahoma

Does the Americans with Disabilities Act create two separate but overlapping causes of action for employment discrimination? Everyone agrees Title I of the ADA authorizes the disabled to bring employment discrimination claims: it discusses the issue at length and in detail. But can a party bring an employment discrimination claim under Title II as well? Even though Title II never mentions employme... More...   $0 (09-12-2012 - OK)

City of Columbus v. Hotels.com, L.P.

This case concerns alleged violations of local occupancy-tax laws by various online travel companies. Plaintiffs—cities, townships, and a county in the state of Ohio—sued various online travel companies, asserting that the online travel companies violated local tax laws by failing to pay a transient-occupancy tax on the difference between a contractually agreed-upon “wholesale” room rate, ... More...   $0 (09-11-2012 - OH)

Denise Schmidt v. Contra Costa County

Plaintiff Denise Schmidt alleges that she broke an unwritten rule and suffered the consequences when she challenged a sitting superior court judge for his seat in a local election while she was serving as a temporary superior court commissioner.

Schmidt lost her March 2004 election bid against an incumbent judge of the Superior Court of California, County of Contra Costa (“Superior Court... More...
   $0 (09-11-2012 - CA)

Lynn Harding v. Atlas Title Insurance Agency, Inc.

¶1 Lynn and Eileen Harding appeal the trial court’s grant of summary judgment in favor of Atlas Title Insurance Agency, Inc. (Atlas Title); Randy Kidman; Dave White; Jeremy Larkin; and Scott Wilson (collectively, Atlas),1 in which it determined that the Hardings could not demonstrate the proximate cause element of the various causes of action without resorting to speculation. We reverse and rem... More...   $0 (09-10-2012 - UT)

Stacey Hightower v. City of Boston

This case presents an as-applied and a purported facial attack on the Massachusetts statutory and administrative scheme for revoking licenses for the carrying of firearms. The district court entered summary judgment dismissing the claims. Hightower v. City of Boston, 822 F. Supp. 2d 38, 65-66 (D. Mass. 2011).

Stacey Hightower is a former Boston Police officer who, during many of he... More...
   $0 (09-09-2012 - MA)

George S. Cohlmia, Jr., M.D. v. St. John Medical Center

Dr. George Cohlmia, a cardiovascular and thoracic surgeon in the Tulsa, Oklahoma area, sued St. John Medical Center (SJMC) alleging a number of federal and state antitrust and business tort claims.1 His claims followed SJMC’s suspension of his medical privileges after a pair of surgeries, one resulting in death and another in permanent disfigurement. In response, SJMC asserted an affirmative def... More...   $0 (09-09-2012 - OK)

Texas Mutual Insurance Company v. Ronald Jerrolls

Ronald Jerrols, Cedric Williams, and Jaime Luna sustained serious injuries in a traffic accident while they were returning to work from a restaurant after eating lunch. This appeal focuses on whether Jerrols, Williams, and Luna (also referred to collectively as the “claimants”) were in the course and scope of their employment under the Texas Labor Code when these injuries occurred. Material fa... More...   $0 (09-06-2012 - TX)

Brenda Linam v. Wal-Mart Stores, Inc.

Plaintiff, Brenda Linam sued Wal-Mart Stores, Inc. on a premises liability theory. The accident in which Plaintiff, Brenda Linam, slipped and fell on a puddle of water on September 11, 2009, at the Wal-Mart in Broken Arrow, Oklahoma.

Plaintiff filed the present action alleging negligence. No evidence exists to support Plaintiffs claim that WalMart’s actions were negligent, as the exis... More...
   $1 (09-06-2012 - OK)

Christian Louboutin, S.A. v. Yves Saint Laurent America Holding, Inc.

The question presented is whether a single color may serve as a legally protected trademark in the fashion industry and, in particular, as the mark for a particular style of high fashion women’s footwear. Christian Louboutin, a designer of high-fashion women’s footwear and accessories, has since 1992 painted the “outsoles” of his women’s high-heeled shoes with a high-gloss red lacquer. I... More...   $0 (09-05-2012 - NY)

In re: Kenneth Woolsey; Stephanie Woolsey

Like so many these days, Stephanie and Kenneth Woolsey owe more money on their home than it’s worth. In fact, the value of their home doesn’t come close to covering the balance due on their first mortgage, much less the amount they owe on a second. And it’s that second mortgage, held by Citibank, at the center of our case. After the Woolseys sought shelter in bankruptcy, they prepared a Chap... More...   $0 (09-05-2012 - UT)

Alamo Country Club Owners Association v. James Shelton

By seven issues, consisting of 21 sub-issues, appellants, Alamo Country Club Owners Association (ACCOA) and Melvin Staples, appeal from a final judgment in favor of appellee, James Shelton. We reverse and render in part and affirm in part.

I. BACKGROUND

In 1995, Shelton and his wife Cheryl purchased Lot #260 located at 332 Diana Drive in Alamo, Texas.1 Lot #260 is located in Alamo Co... More...
   $0 (08-30-2012 - TX)

Public Service Company of New Mexico v. National Labor Relations Board

This case began with an angry bill collector, metamorphosed into a discovery dispute, and now serves mostly as another reminder about the importance of preserving your best arguments in the proper administrative forum rather than trying them for the first time in an appellate court.

I

It began with Robert Madrid. He worked for Public Service Company of New Mexico (PNM), collectin... More...
   $0 (08-28-2012 - NM)

Monique Roman v. Western Manufacturing, Inc.

A jury found Western Manufacturing, Inc. liable to Dorel Roman under the Louisiana Products Liability Act for injuries caused by a defect that rendered one of its stucco pumps unreasonably dangerous. Western argues the expert testimony underlying Roman’s case was inadmissible under the Federal Rules of Evidence and insufficient under Louisiana law to sustain liability; it also argues the distric... More...   $0 (08-21-2012 - LA)

Todd C. Brennan v. City of Willow Park Texas

On June 21, 2012, this court issued an opinion reversing the trial court’s judgment and remanding Appellants’ claims for declaratory judgment, for injunctive relief, and for a writ of mandamus asserted against all Appellees, to the trial court for further proceedings. Appellee City of Aledo filed a motion for rehearing and motion for en banc reconsideration. After due consideration, we deny ... More...   $0 (08-16-2012 - TX)

Victor Zavala v. Wal Mart Stores, Inc.

This suit was brought in the U.S. District Court for the District of New Jersey by Wal-Mart cleaning crew members who are seeking compensation for unpaid overtime and certification of a collective action under the Fair Labor Standards Act (FLSA), civil damages under RICO, and damages for false imprisonment. The workers – illegal immigrants who took jobs with contractors and subcontractors Wal-Ma... More...   $0 (08-14-2012 - NJ)

Stephanie Bucalo v. Shelter Island Union Free School District

Plaintiff-appellant Stephanie Bucalo appeals from a judgment of the United States District Court for the Eastern District of New York (Denis R. Hurley, Judge) based on a jury verdict in favor of defendant-appellee Shelter Island Union Free School District (“the District”) in her action for age discrimination and retaliation. The district court denied Bucalo’s motion for judgment as a matter ... More...   $0 (08-14-2012 - NY)

Kenneth Edlow v. RBW, LLC

This action, removed from Massachusetts Superior Court, involves residential condominium units in a development along Boston's Battery Wharf. Plaintiff Kenneth Edlow appeals the 12(b)(6) dismissal of his suit against the developer RBW, LLC, in which he sought to rescind his purchase of a condominium unit, to recoup his deposits on a second unit, and to recover damages. Mr. Edlow also appeals the d... More...   $0 (08-14-2012 - MA)

Kevin M. Walters v. Linda Yacovone Walters

Appellant, Kevin Walters (“Former Husband”), appeals the trial court’s final orders on his petition for modification of alimony and adjudging him in contempt of court. Former Husband appealed o n six points:

retroactive modification of alimony; amount of alimony in consideration of his net income; the trial court’s refusal to consider Linda Walters’ (“Former Wife”) current n... More...
   $0 (08-08-2012 - FL)

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