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United States of America v. Don Moss; Curtis Dantin; Grand Isle Shipyards, Inc.; Christopher Srubar Fifth Circuit Court of Appeals - New Orleans, Louisiana

A fatal welding accident occurred on an offshore oil platform in the Gulf
of Mexico in November 2012. Three years after that incident, the government
indicted the owner and operator of the platform and several oil platform
contractors, charging criminal violations of the Outer Continental Shelf Lands
Act (OCSLA), 43 U.S.C. §§ 1331, et seq., and the Clean Water Act, 33 U.S.C.
§§... More...
   $0 (10-05-2017 - LA)

State of California v. Continental Insurance Company

Deputy Attorney General; Law Offices of Roger W. Simpson and Roger W. Simpson for
Plaintiff and Respondent.
This is an action by the State of California (State) to recover from various insurers
the costs of cleaning up the Stringfellow hazardous waste site. It has been pending since
1993. It has been to this court three times and to the California Supreme Court twice. At
this p... More...
   $0 (10-02-2017 - CA)

Estate of Jeffrey H. Ware v. Hospital of the University of Pennsylvania, et al. Federal Courthouse - Philadelphia, Pennsylvania

Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate safety precautions taken to protect him from radiation in his lab, sued the University of Pennsylvania together with affiliated persons and entities.1 Before us is the reach of the Price-Anderson Act, see 42 U.S.C. § 2011, et seq., and its remedy-limiting provisions. The Act gives federa... More...   $0 (09-25-2017 - PA)

David Hovannisian v. First American Title Insurance Company

David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells
Fargo) at a foreclosure sale. Several months later they discovered there was a first
priority deed of trust on the property that had not been extinguished by the foreclosure.
The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based
2.
on a statement in Wells Fargo‟s... More...
   $0 (09-17-2017 - CA)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate
1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael.
2
attorney’s fees, require Mic... More...
   $0 (09-15-2017 - TX)

Debra A. Roth v. Anice M. Plikaytis

Defendant Anice Plikaytis appeals from an order awarding her attorneys' fees in a
breach of contract action brought by plaintiff Debra Roth. In the published portion of the
opinion, we agree with Plikaytis's contention that the trial court erred when it declined to
consider previously filed documents she incorporated by reference as part of her motion.

* Pursuant to California... More...
   $0 (09-14-2017 - CA)

Plute Home Corporation v. American Safety Indemnity Company

In this insurance defense dispute, defendant and appellant American Safety
Indemnity Company (American Safety or ASIC) challenges a judgment after court trial
that awarded over $1.4 million in compensatory and punitive damages to plaintiff and
2
respondent Pulte Home Corporation (Pulte), who was the general contractor and
developer of two residential projects in the San Marcos... More...
   $0 (09-09-2017 - CA)

Utopia Home Care/Guarantee Insurance Company v. Beatriz Alvarez

The issue before us is the proper interpretation of section 440.093(3), Florida Statutes (2011). Under the plain meaning of the statute, which we will discuss before applying it to the facts of this case, we reverse.
2
Benefits for Mental or Nervous Injury.
At all pertinent times, section 440.093(3) has provided as follows:
Subject to the payment of permanent benefits under s. 440.... More...
   $0 (09-05-2017 - FL)

Joseph Tomlinson v. Douglas Knight Construction, Inc. Utah Supreme Court of Utah - Salt Lake City, Utah

¶ 1 Utah Code section 78B-4-513(1) provides that “an action for defective design or construction is limited to” an action for “breach of . . . contract, whether written or otherwise, including both express and implied warranties.” The statute also states that such a claim may be brought only by a person who is “in privity of contract with the original contractor” or by a person with a right to sue... More...   $0 (08-30-2017 - UT)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-26-2017 - CA)

Dennis Ponte v. County of Calaveras

Plaintiff Dennis Ponte is asking defendant County of Calaveras (County) to pay
him over $150,000 to reimburse him for work purportedly performed on the County’s
behalf pursuant to an oral contract. The contract did not contain any fixed payment, and
no bid was submitted--far less approved--pursuant to relevant county ordinances
governing public contracts. Ponte disregarded opportun... More...
   $0 (08-18-2017 - CA)

Energy Insurance Mutual Limited v. Ace American Insurance Company

This insurance coverage dispute arises from a massive explosion that occurred
when an unmarked petroleum pipeline was struck by an excavator. Numerous lawsuits
were filed against a range of defendants, including the pipeline owner and the staffing
agency providing personnel to the pipeline. After settling the lawsuits against the
pipeline owner, an excess insurer for the pipeline s... More...
   $0 (08-12-2017 - CA)

The People v. Financial Casualty & Surety, Inc.

In this consolidated appeal, Financial Casualty & Surety, Inc. (FC Surety) appeals
two orders denying it relief from the forfeiture of a $150,000 bail bond. The trial court
denied FC Surety‘s bail agent‘s initial motion to vacate the forfeiture under Penal Code
section 980, subdivision (b).1
The trial court also denied FC Surety‘s motion to set aside
the summary judgment issue... More...
   $0 (08-11-2017 - CA)

Levco Construction, Inc. v. Cleveland Construction, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.

Levco Construction, Inc. (“Levco”) sued Cleveland Construction, Inc. (“CCI”) and Whole Foods Market Rocky Mountain/Southwest L.P. (“Whole Foods”) for claims arising out of its role as a subcontractor on a construction project to build a Whole Foods store in Houston, Texas (“the Project”). CCI and Whole Foods also asserted claims against each other and Levco. Following a bench trial, the trial cour... More...   $0 (08-10-2017 - TX)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-07-2017 - CA)

Dow Roofing Systems, LLC v. Great Commission Baptist Church and Chamberlin Dallas, LLC f/k/a Chamberlin Dallas, Ltd. d/b/a Chamberlin Roofing and Waterproofing f/k/a Chamberlin Roofing & Waterproofing, Ltd.

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00395-CV
DOW ROOFING SYSTEMS, LLC APPELLANT
V.
GREAT COMMISSION BAPTIST APPELLEES
CHURCH AND CHAMBE... More...
   $0 (08-03-2017 - TX)

Pekin Insurance Companyv. St. Paul Lutheran Church

¶ 1 This is an action for declaratory judgment. The plaintiff is Pekin Insurance Company
(Pekin), and the two defendants are St. Paul Lutheran Church of Roberts, Illinois (church), and
Hope Farney, the independent administrator of the estate of Kitty Mullins, deceased.
¶ 2 In a case separate from this one—the underlying tort case—Farney is suing the church for
wrongful death, alleg... More...
   $0 (08-02-2017 - IL)

County of Los Angeles v. Allegheny Casualty Company

Under Penal Code section 1305.4,1 a surety may move to
extend a defendant’s appearance period by 180 days upon a
showing of good cause. The trial court in this case granted an
extension of 174 days, but denied a second extension motion.
On appeal, Allegheny Casualty Company argues it is entitled to
an extension for the remaining six days. Because more than 180
days had pass... More...
   $0 (07-18-2017 - CA)

Los Angeles Unified School District v. Safety National Casualty Corporation

SUMMARY
The question in this case is whether the procedural
provisions of the Federal Arbitration Act (FAA, 9 U.S.C. § 1 et
seq.) apply to a motion to compel arbitration in a California state
court, where the arbitration agreement is governed by the FAA
(because it involves interstate commerce), but the agreement has
no choice-of-law provision, and no provision stating the ... More...
   $0 (07-13-2017 - CA)

Barbara Etta Hughes and Trenica L. Thomas v. Lexi Hitchcock and Leon Farmer, Jr. Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Barbara Etta Hughes and Trenica L. Thomas v. Lexi Hitchcock and Leon Farmer, Jr.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: HUGHES, BARBARA ETTA
Filed Date: 02/23/2016
Party Name Disposition Information
Defendant: FARMER, LEON JR Disposed: DISMISSED - SETTLED, 07/05/2017. Dismissed- Settled
Defendant: HITCHCOCK, LEXI Disposed: DISMISSED ... More...
   $1 (07-05-2017 - OK)

Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Company

This case involves a question of insurance coverage: When
has a building or part of a building “collapsed” if that term is left
undefined in an insurance policy? The gas station owner in this
case demanded that its insurance company pay up when the
fiberglass sheath of one of its underground gasoline storage tanks
split after resting on a rock for 16 years. On cross-motions for... More...
   $0 (07-05-2017 - CA)

Victor Duarte v. Pacific Specialty Insurance Company

Not long after Victor Duarte bought an insurance policy from Pacific Specialty
Insurance Company (Pacific) to cover a rental property he owned, he was sued by his
tenants. When Pacific refused to defend him against the tenants’ claims, Duarte sued
Pacific, seeking, among other things, a declaration that Pacific was required to defend
him in the tenant suit. The trial court granted ... More...
   $0 (06-30-2017 - CA)

Multiple Injury Trust Fund v. Tommy Garrett

¶1 The dispositive issue presented on review is whether the claimant met the statutory definition of a "physically impaired person" at the time of the claimant's second on-the-job injury for purposes of determining eligibility for Multiple Injury Trust Fund (Fund) benefits. Subsumed in this determination is whether a duly-executed settlement agreement-memorialized on a form prescribed by the Worke... More...   $0 (06-27-2017 - OK)

Multiple Injury Trust Fund v. Tommy Garrett

¶1 The dispositive issue presented on review is whether the claimant met the statutory definition of a "physically impaired person" at the time of the claimant's second on-the-job injury for purposes of determining eligibility for Multiple Injury Trust Fund (Fund) benefits. Subsumed in this determination is whether a duly-executed settlement agreement-memorialized on a form prescribed by the Worke... More...   $0 (06-27-2017 - OK)

Carmen Zubillaga v. Allstate Indemnity Company

In this first party insurance bad faith action, the question is whether the
court properly granted summary judgment for the insurer, based on the “genuine dispute”
doctrine. (See Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 723 (Wilson).)
Plaintiff Carmen Zubillaga was injured in an automobile accident. The
other driver was at fault. Her insurer, defendant Allstate Indemn... More...
   $0 (06-20-2017 - CA)

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