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Hotel Law
Humanitarian Law Project v. United States Treasury Department

We are asked to invalidate the President’s authority to designate terrorist organizations when there is an extraordinary threat to national security, as well as the Secretary of the Treasury’s authorization to designate further organizations; and to declare that a ban on providing “services” to, or for the benefit of, such organizations, is unconstitutionally vague and overbroad.

In... More...
   $0 (08-25-2009 - CA)

City of Oakland v. Hotels.com

This is a classic case of jumping the gun. The City of Oakland brought suit against ten Internet travel companies, claiming that they failed to calculate and remit occupancy taxes in violation of the Transient Occupancy Tax Ordinance. The difficulty is that Oakland never assessed or imposed the tax; instead, the City filed suit in federal court for, among other things, collection of the taxes. The... More...   $0 (08-20-2009 - CA)

Robert Callahan, et al. v. H.E. Scobee, et al.

Appellant Point Clear Holdings, Inc. (“PCH”) appeals from the district court’s grant of summary judgment to Appellees H.E. Scobee, Dorothy Scobee, Hank Perkins, and Paula Perkins (collectively “the Lot Owners”). The dispute in this case centers on controlling the use of Pine Grove Drive, a street in Point Clear, Alabama. PCH owns Pine Grove Drive, and the Lot Owners have a private easeme... More...   $0 (08-12-2009 - AL)

Eric Mueller, et al. v. April K. Auker, et al.

Detective Dale Rogers made a decision permitted by Idaho law to remove temporarily a sick infant from the custody of her parents in order to secure a medical diagnostic test and prophylactic treatment, procedures which pediatric doctors advised Rogers were both necessary and within the standard of care for the infant’s situation. At the time, the child had been taken to St. Luke’s hospital in ... More...   $0 (08-10-2009 - ID)

Prestige Valet, Inc. v. Mendel, III

Prestige Valet, Inc. (Prestige) appeals a final order denying its motion to set aside a settlement agreement Prestige entered with Louis J. Mendel (the Prestige- Mendel agreement) and an order enforcing the settlement agreement and awarding Mendel attorney’s fees. We reverse and conclude the trial court erred in requiring Prestige to file a motion to set aside a codefendant's settlement agreemen... More...   $0 (08-05-2009 - FL)

Camarie Mangum v. Action Collection Service, Inc. dba Action Collection; Bonneville Billing & Collection, Inc.; city of Pocatello; Don Furu

Camarie Mangum appeals the district court’s determination that her action against Bonneville Billing & Collections, Inc. (“Bonneville”), under the Fair Debt Collection Practices Act (“FDCPA”)1, was barred by the statute of limitations2 and that the discovery rule doctrine could not apply as a matter of law. That led to a grant of summary judgment3 against her.4 Mangum also appeals the di... More...   $0 (08-04-2009 - ID)

Touchcom, Inc. v. Bereskin & Parr

Touchcom, Inc. and Touchcom Technologies, Inc. (collectively “Touchcom”) appeal from the final judgment of the United States District Court for the Eastern District of Virginia dismissing Touchcom’s malpractice suit against the law firm of Bereskin & Parr (“B&P”) and attorney H. Samuel Frost. Touchcom, Inc. v. Bereskin & Parr, No. 07-CV-114, slip op. at 1 (E.D. Va. Feb. 4, 2008). The dis... More...   $0 (08-02-2009 - VA)

Drury Southwest, Inc. v. Louie Ledeaux #1, Inc.

Drury Southwest, Inc. sued Louie Ledeaux #1 Inc. on a breach of contract theory claiming that Louie Ledeaux breached its lease agreement with Louie Ledeaux over the operation of a stand alone restaurant located in front of a Drury hotel in north San Antonio.

Louie Ledeaux counterclaimed on breach of contract, fraud, negligent misrepresentation, violations of the Texas Property Code and v... More...
   $2700000 (07-31-2009 - TX)

James Grosjean v. Imperial Palace, Inc. and Donnie Espensen

In this appeal and cross-appeal, we address whether qualified immunity can extend to shield private actors from civil liability in a 42 U.S.C. § 1983 action and, if not, whether alleged evidentiary errors and attorney misconduct that occurred during trial on the § 1983 claim warrant a new trial. In addition to the qualified immunity and alleged trial error issues, we decide whether punitive da... More...   $0 (07-30-2009 - NV)


{¶ 1} The United States Court of Appeals for the Sixth Circuit has certified one question of state law for our resolution: “Under Ohio law, can a legal malpractice claim be maintained directly against a law firm when all of the relevant principals and employees have either been dismissed from the lawsuit or were never sued in the first instance?”

{¶ 2} We answer the certified question... More...
   $0 (07-29-2009 - OH)

Jose Loredo, et al. v. Solvay America, Inc.

[¶1] In this appeal, we are called upon to consider three interrelated aspects of this case. All three matters arise out of the same set of factual circumstances which, in brief, are that Jose Loredo was seriously injured on August 14, 2002, when tons of rock fell on him in a Sweetwater County trona mine. At the time of the incident, Loredo was operating a roof bolting machine manufactured by Joy... More...   $0 (07-28-2009 - WY)

Arnold P. Ferolito v. Park Hill Association, Inc.

Plaintiff Arnold P. Ferolito owns one of 142 residential condominium units housed in eleven separate apartment buildings known as Park Hill. The defendants are Park Hill Association, Inc. (Association), Pagano Company, which manages the buildings, and individual members of the Association's board of directors. On a prior appeal, we affirmed an order dismissing plaintiff's complaint without... More...
   $0 (07-27-2009 - NJ)

In Re: Hotels.com, L.P.

Hotels.com, L.P. (“the applicant”) applied to register the service mark HOTELS.COM in Class 43, for the services of “providing information for others about temporary lodging; travel agency services, namely, making reservations and bookings for temporary lodging for others by means of telephone and the global computer network.” The Trademark Trial and Appeal Board (“TTAB” or “Board”... More...   $0 (07-24-2009 - DC)

Terrence D. Holdeman v. Michael W. Devine

Plaintiff Terrence Holdeman, the representative of a class of employees and dependents of employees who were participants in a self-funded employee benefit plan, appeals the district court’s decision that defendant Michael Devine, as trustee of the plan, is not personally liable for outstanding medical claims that the plan did not pay or never fully paid prior to the employer’s termination of ... More...   $0 (07-22-2009 - UT)

Dakota Craft, Inc. v. Gary Severson d/b/a Severson & Sons, et al.

[¶1.] Gary Severson, d/b/a Severson and Sons, (collectively “Severson”) appeals the circuit court’s summary judgment ruling that his mechanic’s lien was not sufficiently itemized, and therefore invalid. We affirm in part and reverse in part.


[¶2.] James and Debra Junker of Hudson, Wisconsin, formed Whitewood Investors, LLC (collectively “Whitewood Investors”).... More...
   $0 (07-18-2009 - )

Bruce Hopkins v. A. Bonvicino, Badge No. 1140, et al.

On August 22, 2003, two San Carlos Police Officers broke into Bruce Hopkins’ home. They did not have a warrant, nor did they have probable cause. All that they had was a statement from a third-party that Hopkins had been involved in an extremely minor traffic incident, an incident so minor that it did not cause as much as a scratch on either of the vehicles involved, and that he appeared to have... More...   $0 (07-17-2009 - CA)

V & S Railway v. White Pine County

NRS 334.030 facilitates the purchase of surplus governmental property by a governmental entity from another governmental entity. Specifically, NRS 334.030(2), (3), and (4) set forth special provisions for governmental entities entering into contracts for such purchases. NRS 334.030(5) suspends any law that is inconsistent with the other NRS 334.030 provisions.

In this appeal, ... More...
   $0 (07-16-2009 - NV)

Chioke Brooks v. William Lamar Lloyd and Good Shepherd, Inc. d/b/a Good Shepherd Medical Center

Chioke Brooks appeals from a no evidence summary judgment entered against him in his personal injury suit against Appellees William Lamar Lloyd and Good Shepherd Hospital, Inc., doing business as Good Shepherd Medical Center (GSH). In his sole issue, he contends there are genuine issues of material fact concerning whether Appellees breached a duty owed to him and whether their acts and omissions ... More...   $0 (07-15-2009 - TX)

David W. Corbitt, et al. v. Home Depot, U.S.A., Inc.

The plaintiffs, David Corbitt and Alexander Raya (collectively, “Appellants”), appeal the entry of summary judgment in favor of the defendant, Home Depot U.S.A., Inc. (“Home Depot”), on their sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e–2000e-17, and their state law claims of assault and battery, outrage, and invasion of p... More...   $0 (07-10-2009 - AL)

Jerry V. Riggins v. Bruce Goodman, Julie Boyd, and William A. Simmons

This case arises out of Jerry Riggins’s termination from employment as a police sergeant in Louisville, Colorado. Riggins asserted federal civil rights claims against the City and several of its employees pursuant to 42 U.S.C. § 1983, contending he was discharged without adequate procedural safeguards after he suffered from a psychiatric episode that caused him to take administrative leave for ... More...   $0 (07-10-2009 - CO)

David Corbitt v. Home Depot U.S.A., Inc.

The plaintiffs, David Corbitt and Alexander Raya (collectively, “Appellants”), appeal the entry of summary judgment in favor of the defendant, Home Depot U.S.A., Inc. (“Home Depot”), on their sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e–2000e-17, and their state law claims of assault and battery, outrage, and invasion of p... More...   $0 (07-10-2009 - AL)

St. James Village, Inc. v. Jennifer A. Cunningham, Craig Cunningham, James H. Saladin, and Thelma L. Saladin

In this appeal, we consider whether the servient estate owner has any authority to unilaterally relocate an easement burdening its property, provided that the relocation does not materially inconvenience the dominant estate owner.

To facilitate the development of its property into a planned community, appellant St. James Village, Inc., asked the dominant estate owners if St. Jam... More...
   $0 (07-08-2009 - )

Everett Peters, et al. v. Contigroup, et al.

Rachel Hall appeals the trial court’s grant of partial summary judgment in favor of the ContiGroup Companies, Inc., et al., on certain of her nuisance claims. Everett and Cindy Peters, co-plaintiffs with Rachel Hall, also contest two of the trial court’s evidentiary rulings in the jury trial of their nuisance claims. The ContiGroup Companies have filed a cross-appeal that is contingent on any ... More...   $0 (07-07-2009 - MO)

Deborah McGarvey v. Key Property Management LLC and Bicentennial Village Associates, LLC

[¶1] Deborah McGarvey filed a wrongful termination suit against her employer, claiming that she was discharged from her job for reasons that violate public policy. The district court granted summary judgment for the employers, ruling that Ms. McGarvey had not presented facts necessary to sustain her cause of action. Ms. McGarvey challenges that decision. We will affirm.


[¶2]... More...
   $0 (07-01-2009 - WY)

Jay Odunukwe v. Bank of America

Jay Odunukwe appeals from a jury verdict in favor of Bank of America ("the Bank"). We affirm.


Odunukwe, an African-American originally from Nigeria, sued the Bank after employees of its Medway, Massachusetts branch refused to cash a check that he presented. Odunukwe testified that he was not a client of the Bank and that, in attempting to cash the check drawn on his siste... More...
   $0 (07-01-2009 - MA)

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