| Indemnity Law |
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City of Waterloo v. Tim Everett
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This case involves the City of Waterlooâs efforts to be reimbursed under Iowa Code section 411.22 (2011) for its payment of medical expenses and temporary disability benefits on behalf of an injured police officer. The district court rejected the cityâs indemnification claim to proceeds of the officerâs settlement of his tort claim against third parties. Because section 411.22 only contempla... More... $0 (05-16-2013 - IA)
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Brecek & Young Advisors, Inc. v. Lloyd's of London Syndicate 2003
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Defendant-Appellant Lloyds of London Syndicate 2003 (âLloydsâ) appeals the district courtâs denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. (âBYAâ) in an action arising out of a professional liability insurance contract. The district court concluded Lloyds failed to pay sufficient indemnity to BYA... More... $0 (05-13-2013 - CO)
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Dustin Dunkin v. Tod Fontenot
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Dustin Dunkin, Alvain Estes and Anita Lynn Estes sued Tod Fontenot on an auto negligence theories claiming to have been injured as a direct result of a car wreck in Tulsa County, Oklahoma caused by Fontenot. The Plaintiffs also sued GEICO Indemnity Company on an uninsured / under insured motorist theory.
The claims made and defenses asserted by the parties are not available.
Defenda... More... $1 (05-12-2013 - OK)
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United States of America v. Richard Jones and Ronald Mallay
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2 Richard James and Ronald Mallay appeal from judgments
3 of conviction based on their participation in a wide-ranging
4 conspiracy that involved fraudulently obtained life insurance
5 policies for members of their extended families and others in the
6 Guyanese and Guyanese-American community, and, in several
7 instances, murder of the insured in order to collect on those
8... More... $0 (05-01-2013 - NY)
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Columbia Casualty Co. v. Curtis W. McGhee
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The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district courtâs order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CICâs and Columbiaâs declaratory judgment claims concerning coverage under various insurance policies. We affirm as to... More... $0 (04-30-2013 - IA)
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United States of America v. Adley Abdulwahab
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Adley H. Abdulwahab appeals his convictions and sentence for several crimes relating to an investment scheme that resulted in nearly $100 million in losses for investors. We reverse Abdulwahabâs convictions for money laundering but affirm the remainder of his convictions. Because we reverse the money laundering convictions, we vacate his sentence and remand for resentencing.
I.
Chr... More... $0 (04-30-2013 - VA)
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Pilot Construction Services, Inc. v. Babe's Plumbing, Inc.
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Pilot Construction Services, Inc. (Pilot), appeals a final summary judgment entered on its cross-claims against Babe's Plumbing, Inc. (Babe's), in litigation initiated by New College against Pilot and Babe's.1 In moving for summary judgment, Babe's
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1There were several other parties and claims involved in the lawsuit below, but claims were settled and parties w... More... $0 (04-26-2013 - FL)
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Manuel Cepedes, Jr. v. Yellow Transportation, Inc.
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In this workersâ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that denies in part Claimantâs claim for workersâ compensation benefits. Claimant argues the JCC erred by (1) improperly
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shifting onto Claimant the burden to prove the compensable injury was the major contributing cause (MCC) of his disability and need for surgery; (2)... More... $0 (04-24-2013 - FL)
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Anixter, Inc. v. Ratheon Company
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¶1 Plaintiff-Appellant Anixter, Inc. (âAnixterâ) appeals from the trial courtâs judgment confirming an arbitration award in favor of Raytheon Company (âRaytheonâ) and the denial of Anixterâs motion to vacate the award. For the following reasons, we affirm in part and modify in part.
FACTUAL AND PROCEDURAL HISTORY1
¶2 Anixter, a parts distributor, supplies parts to manuf... More... $0 (04-22-2013 - AZ)
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Employers Mutual Casualty Company v. David Donnelly
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This case arises out of a decision from the Bonner County district court in a case between Employers Mutual Casualty Company (EMC), David and Kathy Donnelly (Donnellys), and Rimar Construction, Inc. (RCI). In 2007, EMC brought a declaratory judgment action against the Donnellys and RCI to establish that under its policy of insurance with RCI, EMC had no duty or responsibility to pay damages claime... More... $0 (04-19-2013 - ID)
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Ismael Correa v. Whitney Reece
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1. The claims alleged herein arose out of the Defendant Whitney Reeceâs actions (specified hereinafter) within Oklahoma County. State of Oklahoma. Therefore, Plaintiffs believe this Court has jurisdiction and venue is proper in Oklahoma County, Oklahoma.
FACTUAL BACKGROUND
2. Paragraph I is incorporated by reference.
3. On or about 08/1/2010. Plaintiffs were injured by a veh... More... $0 (04-18-2013 - OK)
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Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.
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As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More... $0 (04-18-2013 - FL)
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Katherine Lees v. Carthage College
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Katherine Lees began her freshman year at Carthage College in the fall of 2008. On September 21, 2008, she was sexually assaulted in her dorm room by two men she believed to be Carthage students. Lees withdrew from Carthage after the attack and eventually brought this negligence action against
2 No. 11-3061
the college and its insurer, Lexington Insurance Company (collectively, âCa... More... $0 (04-16-2013 - WI)
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Susie Strohm v. ClearOne Communications, Inc.
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¶1 This case concerns a corporationâs statutory and contractu-al duty to indemnify a corporate officerâs criminal defense costs. Susie Strohm, the one-time CFO of ClearOne Communications, Inc., was charged with eight federal criminal counts relating to an investigation into certain accounting practices at ClearOne. She was later acquitted of all but one count. Strohm and her counsel, Dorsey, ... More... $0 (04-09-2013 - UT)
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James Luttrell v. Island Pacific Supermarkets, Inc.
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James Luttrell (Luttrell) appeals from an amended judgment entered after a jury verdict and post-trial rulings in his personal injury action. He contends: (1) substantial evidence did not support the juryâs finding that he was five percent comparatively negligent in regard to a hip fracture he sustained at the respondentâs premises; (2) substantial evidence did not support the courtâs ruling... More... $0 (04-08-2013 - CA)
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Gary Hammerstone v. Indiana Insurance Company
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Gary Hammerstone (âGaryâ), Susan Hammerstone (collectively âthe Hammerstonesâ), together with Palmor Products, Inc. (âPalmorâ), Northhampton Farm Bureau Cooperative Association (âNorthhamptonâ), and Canns-Bilco Distribution, Inc. (âCBDâ) (collectively âthe Appellantsâ) appeal the trial courtâs order granting summary judgment in favor of Indiana Insurance Company (âIndia... More... $0 (04-08-2013 - IN)
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Compsource Oklahoma v. Cameron Eugene Steward, III
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1) That Plaintiff, CompSource Oklahoma (CompSource) is a quasi agency of the State of Oklahoma.
2) That Defendant, Cameron Eugene Steward, Ill is an individual whose address is 7529 North Owasso P1., Tulsa, Oklahoma 74126.
3) That on December 7, 2010, Sergey Dezhnyuk was injured in the City of Tulsa, Tulsa County, State of Oklahoma in an automobile accident caused by the negligen... More... $1 (04-04-2013 - OK)
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Annie Cervantes Ramirez v. FFE Transportation Services, Inc.
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Annie Ramirez appeals the trial courtâs grant of FFE Transportation Services, Inc. and Conwell, LLCâs (FFE and Conwell) cross-motion for summary judgment and the denial of her motion for summary judgment. In a single point of error, Ramirez complains that the liability release she signed fails to meet the fair-notice requirements for releases of future liability. Because we agree the release f... More... $0 (04-03-2013 - TX)
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Barbara Collins v. Navistar, Inc.
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In this strict products liability case, we consider whether the criminal nature of a juvenileâs act of throwing rocks and concrete from a freeway overpass relieves a truck manufacturer of the duty to design windshields capable of withstanding common road hazards, such as objects hitting windshields. For the reasons that follow, we conclude the criminal nature of the rock throwing does not cut of... More... $0 (03-29-2013 - CA)
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CVS Caremark Corporation v. Kristen Latour
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In this workersâ compensation case, the Employer and Servicing Agent (E/SA) petition for a writ of certiorari to review an order denying their amended
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motion for protective order. The E/SA contend that the order departs from the essential requirements of law by allowing Claimant to take the adjusterâs deposition in the county where this action is pending instead of the county w... More... $0 (03-28-2013 - FL)
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United States v. Richard James and Ronald Mallay
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2 Richard James and Ronald Mallay appeal from judgments
3 of conviction based on their participation in a wide-ranging
4 conspiracy that involved fraudulently obtained life insurance
5 policies for members of their extended families and others in the
6 Guyanese and Guyanese-American community, and, in several
7 instances, murder of the insured in order to collect on those
8... More... $0 (03-28-2013 - NY)
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LTF Real Estate Company, Inc. v. D&D Utility Supply, LLC
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Appellants, LTF Real Estate Company, Inc. (âLTFâ) and Travelers Casualty and Surety Company of America (âTravelersâ), challenge the trial courtâs rendition of summary judgment in favor of appellee, D&D Utility Supply, LLC (âD&Dâ),
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and denial of their summary-judgment motion in D&Dâs suit against LTF and Travelers for foreclosure and enforcement of D&Dâs liens. In ... More... $0 (03-21-2013 - TX)
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Lacrisha Denver v. Cox Enterprises, LLC
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Lacrisha Denver and the Estate of Robert C. Young sued Cox Enterprises, LLC, Cox Oklahoma Telcom, LLC, Cox Communications, Cox Communications Tulsa, AT&T Corp. and Public Service Company of Oklahoma, Inc. on wrongful death theories claiming.
Public Service Company of Oklahoma, Inc. asserted third party claims against STI Trucking, LLC and DST Ventures, Inc. for indemnity.
The sp... More... $0 (03-16-2013 - OK)
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Christopher J. Davis v. Winning Streak Sports, LLC
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This is the parties' second visit to our court following proceedings in the district court. Their dispute centered on the formation of a business called Winning Streak Sports, LLC (WSS), which apparently took over and continued a business operated by Christopher J. Davis and Winning Streak, Inc. (WSI).
First Suit
In 2006, WSI and Davis sued U.S. Hardwood Distributors, Inc. (Hardwood)... More... $0 (03-15-2013 - KS)
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Allstate Insurance Company v. Total Rehab and Medical Centers
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Petitioners, Allstate Insurance Company, Allstate Indemnity Company, Deerbrook Insurance Company, and Northbrook Indemnity Company (hereinafter âPetitionersâ), filed suit in Palm Beach circuit court seeking monetary damages from Total Rehab and Medical Centers, Inc., Prosper Diagnostic Center, Inc., and Family Medical and Rehab Centers, Inc. (hereinafter âRespondentsâ). During the pretrial... More... $0 (03-13-2013 - FL)
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