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Hotel Law
 
Jerry L. and Susan Ashenfelter v. Amy S. Mulligan

Amy Mulligan appeals a district court order allowing her parents, Jerry and Susan Ashenfelter, to review her medical and mental health records for purposes of their petition seeking grandparent visitation with Amy’s son, A.M. This case has become moot because the ability to seek court-ordered grandparent visitation is now limited to grandparents whose own child has died. Because the issue of men... More...   $0 (12-30-2010 - IA)

Glenda Sue Claus v. Intrigue Hotels, L.L.C.

Intrigue Hotels, L.L.C. appeals from a judgment entered in the Circuit Court of Jackson County in favor of Glenda Claus in her action for age discrimination, awarding her $50,000.00 in actual damages and $150,000.00 in punitive damages. For the following reasons, the judgment is affirmed.

Claus started working at the Park Place Hotel in Kansas City, Missouri, in 1984 as a room attendant. ... More...
   $0 (12-28-2010 - MO)

John C. Rezner v. Bayerische Hypo-Und Vereinsbank AG

John C. Rezner filed this action against Bayerische Hypo- Und Vereinsbank AG d/b/a HVB Group and HVB Structured Finance, Inc. (collectively “HVB”) for violation of the Racketeer Influenced and Corrupt Organizations Act of 1970 (“RICO”), codified at 18 U.S.C. §§ 1961 et seq., and the Unfair Business Practices Act of California (“UCL”), codified at Cal. Bus. & Prof. Code §§ 17200 et ... More...   $0 (12-28-2010 - CA)

Patricia Mills v. John B. Booth, II

On November 10, 2009, Patricia Mills (“Plaintiff”), individually and on her deceased mother’s behalf, filed a wrongful death lawsuit against Booth and James Turlington (“Turlington”). Plaintiff is the daughter of Altha Turlington (the “Decedent”) who was killed in the automobile accident that occurred on November 8, 2008. The Decedent was a passenger in a vehicle being driven by Turl... More...   $0 (12-28-2010 - TN)

Mitchell Dwayne Gentry v. Jerica Renae Gentry

Plaintiff, (“father”), brought this action on January 2, 2009, against defendant (“mother”) alleging that she had been guilty of inappropriate marital conduct. The Complaint alleged that the parties had two children, d.o.b. 10/01/03, and d.o.b. 2/01/07, and the father sought designation as the primary residential parent, along with child support, alimony, and equitable distribution of the ... More...   $0 (12-28-2010 - TN)

Luis San Roman v. Children's Heart Hospital Center, Ltd. d/b/a Russ Children's Health Heart Center

In this medical malpractice action, the plaintiff minor patient and his father appeal from an adverse judgment, arguing a subsequent treating physician should not have been allowed to testify for the defendant physician and that jury instructions improperly referred to the standard of care of a well-qualified “pediatric interventional cardiologist,” which is not a board-certified medical speci... More...   $0 (12-23-2010 - IL)

Chad Wilson v. Noble Drilling Services, Inc.

Chad Wilson (“Wilson”), brought suit against his employer, Noble Drilling Services, Inc. (“Noble”), alleging that he was discharged in violation of the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-54, and that Noble is liable for breach of contract under state law. The district court granted summary judgment in favor of Noble on both claims. We AFFIRM.

FACTS AND PROC... More...
   $0 (12-23-2010 - TX)

Jason Kawakami v. Kahala Hotel & Resort

Jason Kawakami individually and on behalf of 1,300 others sued Kahala Hotel & Resort on a class action fraud theory claiming that the hotel wrongfully charged service fees on food and beverages without disclosing that the money was used to pay costs and expenses rather than tips and wages for employees as required by state law. Plaintiff claimed that state antitrust law designed to protect consume... More...   $807344 (12-18-2010 - )

David Skotticelli v. Club Misty, d/b/a Tequila Roadhouse

This is a permissive appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308). Plaintiff David Skotticelli brought this action for personal injuries he sustained as a result of a fight with Pedro E. Diaz inside Tequila Roadhouse, a tavern owned and operated by defendant Club Misty, Inc. Plaintiff served Club Misty with a request to admit facts under Supreme Court Rule 216 (134 Ill. 2d R. 216). Clu... More...   $0 (12-17-2010 - IL)

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)

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