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Hotel Law
Harborside Associates, L.P. v. Parade Residence Hotel, LLC

The respondent, Parade Residence Hotel, LLC (Parade), appeals, and the petitioner, Harborside Associates, L.P. (Harborside), crossappeals, the decision of the Superior Court (McHugh, J.), which partially affirmed and partially reversed the decision of the Portsmouth Zoning Board of Adjustment (ZBA) to grant Parade variances to install two parapet and two marquee signs on its hotel and conference c... More...   $0 (09-22-2011 - NH)

Michael E. Siska Revocable Trust v. Milestone

In this appeal, we consider whether a limited liability company ("LLC") must be joined as a necessary party in a derivative action brought by a member.

I. Facts and Proceedings

In 1998, Motel Investments of Christiansburg, LLC ("MIC") was formed for the purpose of building and operating a hotel in Christiansburg, Virginia. The original members of MIC were the Michael E. Siska Revocab... More...
   $0 (09-16-2011 - VA)

Holly Janelle Carroll v. Trade Winds Motor Hotel East, Inc.

Holly Janelle Carroll sued Trade Winds Motor Hotel East, Inc. on a premises liability theory claiming to have been injured by a dangerous condition on Defendant's property while on the property as a business invitee.

The specifics of the claims made and defenses asserted are not available.... More...
   $1 (09-14-2011 - OK)

Donald J. Trump v. Timothy L. O'Brien, Time Warner Book Group, Inc. and Warner Books, Inc.

Donald Trump, the plaintiff in a suit for defamation, appeals from a Law Division order granting summary judgment to defendants, Timothy O'Brien, the author of TrumpNation, The Art of Being The Donald, and his publishers, Time Warner Book Group, Inc. and Warner Books, Inc.1 On appeal, Trump contends that he produced clear and convincing evidence of actual malice on the part of O'Brien and that iss... More...   $0 (09-13-2011 - NJ)

Gina Fiore v. Anthony Walden

Federal law enforcement officers seized funds from passengers who were temporarily in the Atlanta airport changing planes. The travelers, Gina Fiore and Keith Gipson, explained that the funds were legal gambling proceeds, not evidence of drug transactions. Their story turned out to be true. Fiore and Gipson claim the seizure and later efforts to institute forfeiture proceedings were unconstitution... More...   $0 (09-12-2011 - NV)

River's Edge Investments, LLC v. City of Bend

2 Defendant City of Bend appeals from a limited judgment that granted
3 partial summary judgment and awarded $142,190 to plaintiff River's Edge Investments,
4 LLC (River's Edge). The resolution of this case depends on whether the terms of a
5 development agreement between the city and River's Edge allowed the city to impose
6 system development charges (SDCs) on River's Edge for it... More...
   $0 (09-08-2011 - OR)

Teresa Jane Hubbell v. Steven Sanders

2 Respondent appeals from a restraining order that the trial court entered
3 under the Family Abuse and Prevention Act (FAPA), ORS 107.700 to 107.735.
4 Respondent asserts that there was insufficient evidence to establish that petitioner was a
5 victim of abuse. In particular, respondent challenges the trial court's determination under
6 ORS 107.705(1)(b) that respondent placed pet... More...
   $0 (09-08-2011 - OR)

Jeremiah S. Simunek v. Ashley (Simunek) Auwerter

[¶1.] Ashley Auwerter (Mother) and Jeremiah Simunek (Father) married, had C.S.S. (Child), and later divorced. Mother and Father agreed to share legal custody, with Mother having primary physical custody. Shortly before Child entered kindergarten, Father moved to obtain primary physical custody. The circuit court granted Father’s motion and Mother appeals. We affirm because the court’s finding... More...   $0 (09-07-2011 - SD)

Joy Friolo v. Douglas Frankel, M.D.

On February 4, 2000, appellant, Joy Friolo, filed a complaint in the Circuit Court for Montgomery County against appellees, Douglas Frankel and the Maryland/Virginia Med Trauma Group. On July 3, 2001, the court entered judgment in favor of Friolo in the amount of $11,778.85 and awarded her attorney’s fees of $4,711.00 and $1,552.00 in costs. The Court of Appeals vacated the judgment awarding att... More...   $0 (09-07-2011 - MD)

Edgenet, Inc. v. Home Depot U.S.A., Inc.

Home Depot has more than 2,000 retail stores, each of which stocks thousands of items. Customers can buy more than 250,000 items on Home Depot’s web site, or by special order at a retail outlet. It would be impossible to manage such a complex inventory without a computer database—and setting up a database requires a classification of its contents into categories, such as hand tools and applian... More...   $0 (09-02-2011 - WI)

Amber Duick v. Toyota Motor Sales, U.S.A., Inc.

Defendants Toyota Motor Sales, U.S.A., Inc. (Toyota) and Saatchi & Saatchi North America, Inc. (Saatchi) appeal from the denial of their motion to compel arbitration of plaintiff Amber Duick‘s claims. We affirm because the putative contract is void on account of fraud in the inception.


Duick‘s claims arise from her apparently unwitting participation in an internet-bas... More...
   $0 (08-31-2011 - CA)

Joseph Olson v. Hilton Hotels Corporation

Joseph Olson sued Hilton Hotels Corporation, Doubletree Hotels, LLC d/b/a Doubletwee Hotel - Tulsa-Downtown and DT Management, Inc. on a premises liability theory claiming to have been injured as a result of a slip and fall accident at Defendants' hotel in Downtown Tulsa as a result of a condition on the property that made in unsafe that Defendants know about or failed to exercise due and as a dir... More...   $1 (08-31-2011 - OK)

Holly Janelle Carroll v. Trade Winds Motor Hotel East, Inc.

Holly Janelle Carroll sued Trade Winds Motor Hotel East, Inc. on a premises liability theory claiming to have been injured while a guest at Defendant's motel as a result of a condition on the property that made it unsafe for her that Defendants know or though the exercise of due care should have known existed.... More...   $1 (08-31-2011 - OK)

Albert Jasik v. Arthur Mauricio and Beatrice R. Mauricio

Appellant Albert Jasik appeals the trial court’s judgment that (1) declared there was no contract for sale of land between Jasik and Appellees Arthur and Beatrice Mauricio, (2) quieted title in the Mauricios, (3) awarded costs, attorney’s fees, and interest to the Mauricios, and (4) evicted Jasik from the property on which he was living. We affirm the trial court’s judgment. 04-10-00520-CV -... More...   $0 (08-31-2011 - TX)

Barry Nolan v. CN8, The Comcast Network

Barry Nolan, a regional television personality, was discharged from his employment with The Comcast Network, LLC ("Comcast") after he publicly protested the selection of political commentator Bill O'Reilly for a prestigious broadcasting award. In response to this discharge, Nolan filed in the Massachusetts Superior Court a claim of speech-motivated retaliation under the Massachusetts Civil Rights ... More...   $0 (08-29-2011 - MA)

Shelly Morita v. Jon Peters

Shelly Morita, age 44, sued Jon Peters, age 66, and J. P. Organization, Inc. on sexual harassment and hostile work environment theories claiming that Peters fondled her aqt his Malibu home and climbed into be with her in an Austrialian hotel during the 2005 filming of "Superman Returns." She also claimed that Defendant retaliated against her after she sued.

Peters denied wrongdoing.
... More...
   $3000000 (08-27-2011 - CA)

Robert Nolan Allen d/b/a/ Fetzer Howard Sign Company v. City of Baytown Debbie Sherman and Kevin Byal

Appellant, Robert Nolan Allen, doing business as “Fetzer Howard Sign Company,” challenges the trial court’s rendition of summary judgment against him in his lawsuit against appellee, the City of Baytown (“the City”).[1] In two issues, Allen contends that the trial court erred in granting summary judgment in favor of the City on the grounds of lack of subject matter jurisdiction, due to ... More...   $0 (08-25-2011 - TX)

The University of Houston v. Stephen Barth

Stephen Barth obtained a judgment awarding damages and attorney’s fees against the University of Houston (“University”) based on a jury’s finding that the University, Barth’s employer, had violated the Texas Whistleblower Act.[1] On original submission, we held that the University had waived its liability challenge to the judgment because it had failed to dispute all bases on which the ... More...   $0 (08-25-2011 - TX)

Chandrashekhar v. Thanedar v. Donna Independent School District

Appellant, Chandrashekhar B. Thanedar, challenges the trial court’s judgment in favor of appellee, Donna Independent School District (“DISD”), in a suit Thanedar filed under the Texas Whistleblower Act. See Tex. Gov’t Code Ann. § 554.001–.010 (West 2004). In his suit, Thanedar alleged, among other things, that DISD, his employer, suspended him with pay and later terminated his employm... More...   $0 (08-18-2011 - TX)

Matthew Zelasko-Barrett v. Brayton-Purcell, LLP

Plaintiff Matthew Zelasko-Barrett, a former law clerk at the law firm of defendant Brayton-Purcell, LLP, appeals from an adverse summary judgment on his claim for failure to pay him overtime wages and provide other benefits allegedly required by California law. He alleges that the law firm incorrectly classified him as employed in a professional capacity, exempting the firm from the obligation to ... More...   $0 (08-17-2011 - CA)

Lisa Hicks v. Avery Drei

Lisa Hicks worked for Chance Felling and his hotel management company, Avery Drei, LLC, as a security guard and then as a desk clerk during the construction and operation of a new hotel in the Indianapolis area. After being terminated from her job as a desk clerk, Hicks sued Felling and Avery Drei (the “Defendants”) seeking unpaid wages, overtime pay, and accrued vacation pay. The district cou... More...   $0 (08-17-2011 - IN)

Adewale Sule v. Philadelphia Parking Authority

Adewale A. Sule petitions for review of an adjudication of the Philadelphia Parking Authority1 imposing a $500 fine for his alleged violation of an executive order of the Authority, which provides that a taxicab driver may not prevent a passenger from using a credit card. Because the Hearing Officer’s factual findings were based solely on uncorroborated hearsay and, therefore, not supported by s... More...   $0 (08-11-2011 - PA)

Marilyn R. Davis v. R C & Sons Paving, Inc.

[¶1] Marilyn R. Davis appeals from a summary judgment in favor of R C & Sons Paving, Inc. entered in the Superior Court (Androscoggin County, MG Kennedy, J.) on Davis’s complaint seeking relief for injuries she sustained when she fell in her employer’s parking lot, which R C & Sons had agreed to plow and sand. On appeal, Davis contends that summary judgment was improper because the court erre... More...   $0 (08-11-2011 - ME)

Elisia R. Tummings v. Felix R. Francois

Elisia Tummings, the wife, appeals a final judgment dissolving her twelveyear marriage to Felix Francois, the husband. The husband cross-appeals. The wife challenges the inclusion of her employment bonuses as marital assets in the equitable distribution schedule. The husband also challenges the equitable distribution schedule by arguing that the trial court erred in valuing a portion of the wife's... More...   $0 (08-10-2011 - FL)

Aaron Engler v. Gulf Interstate Engineering, Inc.

¶1 Plaintiff, Aaron Engler, appeals the summary judgment entered in favor of Defendant, Gulf Interstate Engineering, Inc. (“Gulf”). Engler was injured when the motorcycle he was riding collided with a vehicle driven by Ian Gray, a Gulf employee. Engler filed suit against Gray and Gulf, alleging in part that at the time of the accident, Gray was acting within the course and scope of his employ... More...   $0 (08-09-2011 - AZ)

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