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Hotel Law
 
Dennis Laviage and Cynthia Laviage v. Champion Landscape Supplies, Inc.

In this contract dispute, appellants Dennis and Cynthia Laviage appeal a judgment entered in favor of Champion Landscape Supplies, Inc. In two issues, appellants contend the trial court erred in (1) finding they breached a contract with appellee, and (2) awarding attorney’s fees because appellants did not breach a contract. We affirm.

Background

Appellee filed suit against appell... More...
   $0 (12-02-2010 - TX)

Edward A. Copley, et al. v. Sarah Johnson Pitt, et al.

This appeal arises from a probate proceeding in which a jury found Belton Kleberg Johnson (“B”) executed certain wills and trusts as a result of undue influence. The jury further found that the reasonable and necessary fees and expenses for the services of Plaintiffs’ attorneys in connection with both the will contest and the trust contest were in excess of $6.1 million, plus additional att... More...   $0 (12-01-2010 - TX)

Edward A. Copley v. Sarah Johnson Pitt

This appeal arises from a probate proceeding in which a jury found Belton Kleberg Johnson (“B”) executed certain wills and trusts as a result of undue influence. The jury further found that the reasonable and necessary fees and expenses for the services of Plaintiffs’ attorneys in connection with both the will contest and the trust contest were in excess of $6.1 million, plus additional att... More...   $0 (12-01-2010 - TX)

Zachary Eaton v. Penn-America Insurance Coompany

This appeal traces its genesis to a fracas at a nightclub. At this stage of the proceedings, there is no genuine dispute about the material facts. We rehearse them briefly.

On the evening of November 23, 2005, plaintiff-appellant Zachary Eaton went to a nightclub in Orono, Maine. Another patron, not related to the appellant, behaved inappropriately while dancing in the mosh pit. ... More...
   $0 (11-26-2010 - ME)

Lance A. Fleming and All Other Occupants v. Fannie Mae a/k/a Federal National Mortgage Association

Appellant Lance A. Fleming and All Other Occupants (Fleming) appeal the trial court’s judgment awarding possession of real estate to Appellee Fannie Mae a/k/a Federal National Mortgage Association. In three issues, Fleming argues that the trial court erred by rendering judgment for Fannie Mae because (1) Fannie Mae’s pleading is invalid, (2) a business records affidavit tendered to the trial ... More...   $0 (11-24-2010 - TX)

DRD Enterprises, L.L.C. v. Todd Thomas Flickema, et al.

[¶1.] Appellant DRD Enterprises, LLC commenced a declaratory action against Todd and Dawn Flickema (Flickemas) and PSC Properties, LLC to obtain an access easement across their properties. DRD based its claim upon a “Blanket Easement” granted by Dakota Resorts Management Group (Dakota Resorts), a prior owner of Flickemas’ and PSC’s properties. The circuit court concluded that the Blanket ... More...   $0 (11-17-2010 - SD)

Kevin Loye v. County of Dakota

On the afternoon of September 6, 2004, boys stole two bottles of mercury from an abandoned building, took this hazardous substance to a playground near the Rosemount Woods mobile home park, and released it while playing. Before police from the City of Rosemount, Minnesota were notified and arrived at the scene, people, homes, and vehicles were contaminated. Police officers knocked on doors to iden... More...   $0 (11-17-2010 - ND)

Michael G. Burgess v. State of Oklahoma

¶1 Appellant, Michael G. Burgess, was tried by jury and convicted of Engaging in a Pattern of Criminal Offenses (Count 1) (21 O.S.Supp.2004, § 425); Sexual Battery (Count 2) (21 O.S.Supp.2002, § 1123); Bribery By Public Official (Counts 6, 26, and 36) (21 O.S.2001, § 382); Kidnapping (Count 7) (21 O.S.Supp.2004, § 741); Forcible Oral Sodomy (Counts 8 and 33) (21 O.S.Supp.2006, § 888(B)); and... More...   $0 (11-16-2010 - OK)

Michael G. Burgess v. The State of Oklahoma

¶1 Appellant, Michael G. Burgess, was tried by jury and convicted of Engaging in a Pattern of Criminal Offenses (Count 1) (21 O.S.Supp.2004, § 425); Sexual Battery (Count 2) (21 O.S.Supp.2002, § 1123); Bribery By Public Official (Counts 6, 26, and 36) (21 O.S.2001, § 382); Kidnapping (Count 7) (21 O.S.Supp.2004, § 741); Forcible Oral Sodomy (Counts 8 and 33) (21 O.S.Supp.2006, § 888(B)); and... More...   $0 (11-16-2010 - OK)

Christopher Allen Weber v. Lisa Marie Obrecht

Christopher Weber appeals a district court ruling denying his request for joint legal custody and placing legal custody of the parties’ minor son with Lisa Obrecht. Chris also appeals the court’s geographic restrictions on visitation and the court’s award of retroactive child-related expenses. Lisa cross-appeals seeking an award of trial court attorney fees. We affirm and decline to award at... More...   $0 (11-10-2010 - IA)

JTH Tax, Incorporated d/b/a Liberty Tax Service v. Harry F. Frashier, II

JTH Tax, Inc. ("Liberty") appeals from an order dismissing its complaint for lack of subject matter jurisdiction. Liberty contends that the district court erred in holding that its complaint failed to meet the $75,000 amount in controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332(a). We agree and so reverse.

I.

Liberty franchises thousands of tax preparation... More...
   $0 (11-10-2010 - NA)

Michael Bower v. Harrah's Laughlin

Plaintiffs sued Harrah's Laughlin on a premises liability negligence theory claiming that the casino company failed to exercise due care in the operation of its business and, as a direct result, Plaintiff was injured. Plaintiff claimed that Harrah's Laughlin's employees knew or should have known that trouble was brewing between the Hell's Angels and Mongols motorcycle gangs during a gathering org... More...   $0 (11-05-2010 - NV)

Bonnie Kircher v. Adelaide Kircher

Defendant and appellant Adelaide Kircher appeals the judgment entered after a bench trial.1 Adelaide contends: (1) The trial court erred by concluding that a marital settlement agreement (MSA) between Adelaide‟s deceased husband, Vincent Kircher, and his former wife, plaintiff Bonnie Kircher, which was executed in June 1976 and modified in 1987 by stipulation of the parties,2 waived the provisio... More...   $0 (11-04-2010 - CA)

Amir Cyrus Ahanchian v. Xenon Pictures, Inc.

Procedure “is a means to an end, not an end in itself—the ‘handmaid rather than the mistress’ of justice.” Charles E. Clark, History, Systems and Functions of Pleading, 11 Va. L. Rev. 517, 542 (1925). While district courts enjoy a wide latitude of discretion in case management, this discretion is circumscribed by the courts’ overriding obligation to construe and administer the procedur... More...   $0 (11-03-2010 - CA)

Shawn W. Byrne v. Bonnie Rutledge

Vermont, like many states, allows the owners of motor vehicles to request a “special number” license plate — more commonly known as a “vanity” plate — that contains a short message selected by the registrant rather than the generic combinations of letters and digits that the state Department of Motor Vehicles (“DMV”) would otherwise assign. While Vermont allows residents to select ... More...   $0 (11-02-2010 - )

Shelia Denise Smith v. Fairview Ridges Hospital

Shelia Smith appeals the district court’s1 adverse grant of summary judgment on her discrimination claims against her former employer, Fairview Ridges Hospital (“Fairview”). Smith contends that Fairview constructively discharged her after subjecting her to a hostile work environment and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. ... More...   $0 (10-27-2010 - MN)

Noel Osborn v. Brookdale Senior Living, Inc.

¶1 The district court defendants, Brookdale Senior Living, Inc., and Brookdale Senior Living, Inc., d/b/a Alterra Sterling House of Edmond (collectively, Alterra) appeal the district court's Order Denying Motion To Compel Arbitration pursuant to 12 O.S. Supp. 2009 § 1879(A)(1). We find that the plaintiff's action is not subject to arbitration, and, therefore, affirm the order of the district cou... More...   $0 (10-22-2010 - OK)

Loretta Reynolds v. CB Sports Bars, Inc.

Loretta Reynolds alleges that Brenda Russell and Casey Carson induced her to become intoxicated in a bar owned by CB Sports Bar, Inc., and attempted to take her back to their apartment “for sexual exploitation.” Reynolds managed to escape, but was injured when she was struck by a car. Reynolds sued Russell, Carson, and CB Sports for negligence and punitive damages. She alleged in her second am... More...   $0 (10-22-2010 - IL)

Judy Mayville v. William Mayville

¶ 1. DOOLEY, J. Husband, William Mayville, who was recently laid off from his job, seeks to terminate the spousal maintenance payable to his ex-wife, Judy Mayville, pursuant to a 2003 court order. After husband filed a motion to terminate spousal maintenance, the Chittenden Family Court issued an order requiring him to pay $3000 per month—the same amount set forth in the 2003 ord... More...   $0 (10-21-2010 - VT)

Famous Horse v. 5th Ave. Photo Inc. et al.

Appellant Famous Horse, Inc., operates a chain of clothing stores in the New York
18 area called V.I.M. that sell name-brand jeans and sneakers for relatively low prices.
19 Appellees offered to supply several clothing stores, including V.I.M., with Rocawear
20 brand jeans at a discounted price. After purchasing jeans from Appellees in 2006, V.I.M.
21 discovered that the jeans were... More...
   $0 (10-21-2010 - NY)

James Young v. Valt.X Holdings, Inc.

Following a securities transaction, James Young, Robert Worrall, and Shannon Gustafson (collectively, "Buyers") sued Valt.X Holdings, Inc. ("Valt.X"), Dennis Meharchand, and Brian Groh (collectively, "Sellers") based on numerous claims, including conspiracy, common law fraud, fraud in a stock transaction, negligence and gross negligence, violations of the Texas Deceptive Trade Practices Act (DTPA... More...   $0 (10-15-2010 - TX)

Shawn W. Byrne v. Bonnie Rutledge

Vermont, like many states, allows the owners of motor vehicles to request a “special number” license plate — more commonly known as a “vanity” plate — that contains a short message selected by the registrant rather than the generic combinations of letters and digits that the state Department of Motor Vehicles (“DMV”) would otherwise assign. While Vermont allows residents to select ... More...   $0 (10-08-2010 - VT)

Richard Lazarin v. Total Western, Inc.

Three union-represented construction workers, Richard Lazarin, Gervis Quamina and Otis Skinner, sued their former employer, Total Western, Inc. (TWI), on behalf of themselves and a putative class of former and current nonexempt hourly employees of TWI providing on-site construction services at oil refineries, power plants or other industrial facilities, alleging in part TWI had failed to provide s... More...   $0 (10-07-2010 - CA)

Keri Richard v. DuPont Company

Keri Richard sued DuPont Company for discrimination under the American with Disabilities Act and for wrongful termination under Title VII of the Civil Rights Act. The district court granted summary judgment in DuPont’s favor. On appeal, Richard contends that the district court improperly weighed summary judgment evidence. We conclude that no genuine issue of material fact exists. Consequently, w... More...   $0 (10-04-2010 - LA)

Daniel Castellanos-Contreras v. Decatur Hotels, L.L.C.

A group of hotel workers present in this country under H-2B visas (“the 2 Workers”) sued Decatur Hotels and Patrick Quinn (collectively “Decatur”) alleging violations of the Fair Labor Standards Act (“FLSA”). Decatur moved to dismiss and for summary judgment, and the Workers moved for partial summary judgment. In a single order, the district court granted the Workers’ motion in part ... More...   $0 (10-01-2010 - LA)

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