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Jami Jo Ross v. John David Everhart, Sr., Brian Keith Everhart, Linda Schlax, and Glenda Metcalf

Jami Jo Ross (plaintiff) appeals a declaratory judgment rendered in an action she brought against Brian Keith Everhart and Linda Schlax (collectively referred to as defendants).(FN1) The petition sought determination that debts secured by real estate that would be distributed to plaintiff from a trust established by Elmer H. "Bud" Everhart (settlor) would be paid from trust assets; that the real... More...   $0 (01-30-2009 - MO)

Janice Lee and Bob Lee v. Terry Loftin

Janice Lee and her husband, Bob Lee, appeal the trial court's order granting summary judgment in a lawsuit brought by the Lees against Terry Loftin. The Lees raise six issues on appeal. We reverse and remand.


Background

The Lees filed a lawsuit against Loftin for injuries Janice Lee sustained while riding one of Loftin's horses on a trail ride with Loftin. Loftin filed a traditio... More...
   $0 (01-30-2009 - TX)

Southwestern Bell Yellow Pages v. Susan Combs, Successor to Carole Strayhorn, Comptroller of Public Accounts of the State of Texas; and Greg Abbott, Attorney General of the State of Texas

Southwestern Bell Yellow Pages sued the Comptroller seeking a refund of use tax it paid on the out-of-state printing of telephone directories that were subsequently distributed in Texas. See Tex. Tax Code Ann. § 112.151 (West 2008) (allowing taxpayer to sue Comptroller for refund of taxes paid). Both parties moved for summary judgment and the trial court, without stating the grounds for its ruli... More...   $0 (01-30-2009 - TX)

Hyde Park Baptist Church v. Tara Turner and Terry Curtis, Individually and as next friends of P. C., a minor

Turner and Curtis, individually and as next friends of their son, P.C., (collectively, the "Curtis family"), brought suit against Hyde Park Baptist Church ("Hyde Park") and a Hyde Park employee, Sue Lowry, alleging that P.C. had been physically, emotionally, and verbally abused by Lowry over a period of six months while enrolled in Hyde Park's daycare program. The jury found that Lowry intentiona... More...   $0 (01-30-2009 - )

James W. Fairchild, et al. v. Thomas F. Barron, et al.

Appellants, James W. Fairchild, individually and in the name and right of Exeter Energy Services, L.P. (Exeter LP), and Fairchild & Wells, Inc. (hereinafter collectively referred to as "Fairchild"), appeal the trial court's grant of summary judgment in favor of appellees, Thomas F. Barron, Tetra Prime, Inc., and John Wells, individually. In six issues, Fairchild contends the trial court erred by g... More...   $0 (01-30-2009 - )

The Kroger Company v. Betty Shaw and Robert Shaw

Appellant, The Kroger Company, appeals from a judgment rendered on a jury verdict finding them negligent in a premises liability lawsuit filed by appellees, Betty Shaw and Robert Shaw. In its sole issue, Kroger contends the trial court erred by denying its motion for judgment notwithstanding the verdict (JNOV), asserting that there is no evidence to support the jury's finding that it had either ac... More...   $0 (01-30-2009 - TX)

Raines Imports, Inc. d/b/a Lester Raines Honda v. American Honda Motor Company, Inc.

The appellant herein and plaintiff below, Raines Imports, Inc., doing business as Lester Raines Honda (hereinafter referred to as “Lester Raines Honda”), appeals from an order entered March 26, 2007, by the Circuit Court of Kanawha County. In that order, the circuit court granted summary judgment to the appellee herein and defendant below, American Honda Motor Company, Inc. (hereinafter referr... More...   $0 (01-30-2009 - WV)

CFA Institute v. Institute of Chartered Financial Analysts of India

The Institute of Chartered Financial Analysts of India ("ICFAI") appeals from the district court’s September 2007 reinstatement of a 1998 default judgment in favor of the plaintiff, the CFA Institute.1 By its ruling, the court determined that it possessed personal jurisdiction over ICFAI under Federal Rule of Civil Procedure 4(k)(2). On appeal, ICFAI contends that the court erred in its applicat... More...   $0 (01-30-2009 - VA)

Barbara Forrester v. Penn Lyon Homes, Inc., d/b/a Penn Lyon Homes Corporation; PLH Erectors, Inc.

Penn Lyon Homes, Inc. and PLH Erectors, Inc. (collectively Penn Lyon) appeal from the district court’s order denying their motion to stay court proceedings and compel arbitration of Barbara and Gary Forrester’s claims against Penn Lyon. Before moving to compel arbitration, Penn Lyon engaged in extensive litigation measures that caused the Forresters actual prejudice. For this reason, Penn Lyon... More...   $0 (01-30-2009 - WV)

Sherry Pressley v. Tupperware Long Term Disability Plan; the Prudential Insurance Company of America

Sherry Pressley appeals from the district court’s dismissal, for being time-barred, of her claim against The Prudential Insurance Company of America ("Prudential") for its failure to respond to a request for information, in contravention of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 ("ERISA"). See Pressley v. Tupperware Long Term Disability Plan, No. 4:05-cv-01... More...   $0 (01-30-2009 - SC)

Kathleen Wass v. Carolyn Fuller

The defendant, Carolyn Fuller, appeals an order of the Laconia District Court (Huot, J.) awarding $27,000 to the plaintiff, Kathleen Wass, for the defendant’s violations of RSA 540-A:3 (2007). See RSA 540-A:4, IX(a) (2007). We affirm.

The following facts are reflected in the record. The plaintiff rented an apartment over a garage on property owned and occupied by the defendant. The garage... More...
   $0 (01-30-2009 - NH)

Tiffany Alexander, Sandra Hawkins, Jacqueline Moore and Stacy Prophet sued the City of Jackson, Mississippi

Tiffany Alexander, Sandra Hawkins, Jacqueline Moore and Stacy Prophet sued the City of Jackson, Mississippi on civil rights violations theories claiming that they were subject to sexual harassment at their jobs as firefighters. The Plaintiffs claimed that male supervisors made unwanted advances and inappropriate comments, and groped them.... More...   $1 (01-30-2009 - )

Steven M> Krenning and Joyce C. Krenning v. Heat MOuntain Irrigation District and James Flowers

[¶1] Steven and Joyce Krenning brought suit against the Heart Mountain Irrigation District and its employee, James Flowers, seeking recovery for personal injuries Mr. Krenning suffered in an altercation with Mr. Flowers. The district court ruled that the Irrigation District and Mr. Flowers were immune from liability pursuant to the Wyoming Governmental Claims Act (WGCA), and granted summary judg... More...   $0 (01-29-2009 - WY)

Margaret Dickinson v. Kris Thomas

[¶1] Appellant, Margaret Dickson (Dickson), seeks review of a district court order which quieted title to the property at issue in this appeal, to Dickson and the Appellee, the Estate of John Emmanuel Thomas (Thomas), “in equal shares as tenants in common.” Thomas was Dickson‟s brother. Dickson contends that the quiet title action should have resulted in recognition that the two siblings h... More...   $0 (01-29-2009 - WY)

Pine Meadow Autoflex, LLC v. Susan Taylor

This case involves a dispute between appellant lienholder and a subsequent purchaser over possession of an automobile. The trial judge found that appellee was a good-faith purchaser for value and thus was entitled to possession of the automobile under Arkansas Code Annotated section 4-2-403 (Repl. 2001). Appellant argues on appeal that the trial court erred in finding that appellee was a good-fait... More...   $0 (01-29-2009 - AR)

William F. Poe and Stella Poe

Tommie Mitchener1, Mona Boyd2, Jody Cheshire and Steve Cheshire (collectively referred to as defendants) appeal a judgment rendered against them in an action brought by William F. Poe and Stella Poe (plaintiffs) and in a counterclaim defendants brought against plaintiffs. This court affirms.

Plaintiffs sought to quiet title to certain property in Ripley County, Missouri (Count I); a declara... More...
   $0 (01-29-2009 - MO)

Jean King v. United States

Jean King appeals from the district court’s judgment in favor of the appellees on her age discrimination claims under the Iowa Civil Rights Act (“ICRA”), Iowa Code §§ 216.1 et seq., and the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq.2 For the reasons discussed below, we remand for further proceedings.

I. BACKGROUND

In January 2005, th... More...
   $0 (01-29-2009 - IA)

United States of America, etc v. Interface Construction Corp.

When the government awarded Interface Construction Corp. (“Interface”) a substantial contract to renovate portions of a federal building in St. Louis, the Miller Act required that Interface obtain a payment bond “for the protection of all persons supplying labor and material in carrying out the work provided for in the contract.” 40 U.S.C. § 3131(b)(2). Interface subcontracted electrical ... More...   $0 (01-29-2009 - MO)

Carrie A. Mallory v. Rebecca Lake Wood, etc.

Carrie A. Mallory appeals the district court’s1 order directing that benefits from an ERISA-regulated life insurance plan be turned over to the probate estate of Eugene Wilson for distribution by the Missouri state court. Specifically, she challenges the district court’s finding, after a bench trial, that in August 2005 Wilson lacked the mental capacity to make a valid beneficiary designation.... More...   $0 (01-29-2009 - MO)

Board of Managers of Wespark Condominium Association v. Neumann Homes, Inc.

Construction problems led the plaintiff condominium owners, Board of Managers of Wespark Condominium Association (Wespark), to sue the defendant builders, Neumann Homes, Inc. (Neumann), and the builders in turn filed a third-party complaint against TBS Construction, Inc. (TBS), the third-party defendant subcontractor. The trial court found the third-party complaint timely under section 13-204 of t... More...   $0 (01-29-2009 - IL)

Michael J. Femal v. Square D. Company; Schneider Automation, Inc., Howard E. Japlon

Michael Femal sued James O'Shaughnessy, a Wisconsin lawyer, for defamation. Femal alleged that the defamation occurred during a meeting in Illinois O'Shaughnessy attended as a representative of his employer. O'Shaughnessy invoked the fiduciary shield doctrine as grounds for his motion to dismiss the claims against him for lack of personal jurisdiction. The trial court denied the motion without con... More...   $0 (01-29-2009 - IL)

LOUISMARINO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOELMARINO, AND SETH NICHOLSON, v. CITY OFMADISON

This action arises out of a dispute over a twelvefoot- wide strip of land between the east side of West Shore Drive and Monona Bay in Madison, Wisconsin. The owners of two residential lots abutting the west side of West Shore Drive claim title to this land as does the City of Madison. The circuit court concluded that the City of Madison held title to this land, in trust for the public, and could t... More...   $0 (01-29-2009 - WI)

Plastics Engineering Company v. Liberty Mutual Insurance Company

This is a certification of questions of law from the United States Court of Appeals for the Seventh Circuit, pursuant to Wis. Stat. § 821.01 (2005-06).1 The questions certified for determination are: "(1) what constitutes an 'occurrence' in an insurance contract when exposure injuries are sustained by numerous individuals, at varying geographical locations, over many years; (2) whether Wisconsin... More...   $0 (01-29-2009 - WI)

Michelle Stalk and Urban Construction Company, LLC v. Michael Mushkin

In this appeal, we consider which statutes of limitation apply to claims for intentional interference with prospective business advantage, intentional interference with contractual relations, and breach of fiduciary duty arising from an attorney-client relationship. We determine that claims for intentional interference with prospective business advantage and contractual relations are claims for i... More...   $0 (01-29-2009 - NV)

Kathy Garcia v. Scolari's Food & Drug

This appeal seeks our review of a district court order denying a petition for judicial review of an administrative decision that denied occupational disease benefits. During the district court proceedings, appellant sought to have the matter remanded to the appeals officer pursuant to NRS 233B.131(2), which provides that the district court may order additional evidence to be taken before an admin... More...   $0 (01-29-2009 - NV)

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