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James Arlio v. Marlin J. Lively

12 Police officer James Arlio sued the Acting Chief of the Trumbull Police Department, Marlin Lively, in the United States District Court for the District of Connecticut (Arterton, J.) for violation of his First and Fourteenth Amendment rights. Arlio claimed that Lively, a Republican, suspended him on trumped-up charges because Arlio had the temerity to support local Democratic candidates... More...   $0 (01-18-2007 - CT)

Reliance Insurance Company v. Polyvision Corporation

Reliance Insurance Company ("RIC"), a Pennsylvania insurance company now in liquidation, appeals from Judge Wexler's dismissal of its claims against PolyVision Corporation ("PolyVision"). RIC concededly brought the claim after the expiration of the applicable statute of limitations. However, it argues that because an identical action had been timely brought in New York state court by Reli... More...   $0 (01-18-2007 - NY)

Song Duk Kim vs. Montgomery Rose Luxury Car Service and Richard Elkin

On May 3, 2006, a company driver for Montgomery Rose Luxury Car Service negligently rear ended Mr. Kim and caused a multi-car collision on the Interstate. Mr. Kim was hospitalized for three days where he was treated for a fracture to his eye socket and sinuses, a right arm fracture, and front tooth avulsion. Mr. Kim was out of work for 8 weeks. Song Duk Kim is 25 years old and works for Nivis... More...   $100000 (01-17-2007 - GA)

T.C. Greywolf v. William N. Carroll, M.D.

A mental health unit patient, T.C. Greywolf, was arrested at Fairbanks Memorial Hospital and discharged to Fairbanks Correctional Center on a charge of felony assault in the third degree because she had allegedly threatened to harm her psychiatrist, Dr. William Carroll. After Greywolf was acquitted in her criminal trial, she filed charges against Dr. Carroll for (1) malicious prosecution;... More...   $0 (01-17-2007 - AK)

Roslyn Wetherhorn v. Alaska Psychiatric Institute

Roslyn Wetherhorn appeals two superior court orders: one approving her involuntary commitment for thirty days and the other approving the non-consensual administration of psychotropic medication. Wetherhorn challenges the constitutionality of the statute relied on by the court to order her involuntary commitment. She also raises due process and evidentiary challenges to both orders. We concl... More...   $0 (01-17-2007 - AK)

Leighton K. Holi v. AIG Hawaii Insurance Company

This appeal and cross-appeal stem from a dispute between Plaintiff-Appellant/Cross-Appellee Leighton K. Holi (Holi) and Defendant-Appellee/Cross-Appellant AIG Hawaii Insurance Company, Inc. (AIG) regarding whether Holi, who was seriously injured in an automobile accident on February 10, 2002, is entitled to underinsured motorist (UIM) benefits under an automobile insurance policy (the Policy) i... More...   $0 (01-17-2007 - HI)

William Lohmeier and Barbar Lohmeier v. Juanita Hammer and John Do Hammer

1 William and Barbara Lohmeier appeal from a jury verdict in favor of Juanita Hammer on their claims arising from a motor vehicle accident. For the reasons discussed below, we affirm.

FACTS AND PROCEDURAL HISTORY

2 On July 5, 2001, Hammer rear-ended William while he was stopped at an intersection in Prescott, Arizona. On June 13, 2003, the Lohmeiers filed a complaint against Hammer ... More...   $0 (01-17-2007 - AZ)

Haywood Securities, Inc. v. Peter J. Workum and Joanne E. Workum, et al.

In this case, we must decide whether a typed signature of a judge in the "/s/ Name" format on an electronically filed judgment complies with the requirement of Rule 58(a) that judgments be "signed." We hold that it does.

I

A

3 At issue is the validity of two judgments dismissing claims brought by Peter and Joanne Workum against Haywood Securities, Inc., a Canadian company. After Hay... More...   $0 (01-17-2007 - AZ)

Mary Medeiros, et al. v. Health Net of California

In this writ proceeding, petitioners Mary and Lee Medeiros (collectively, Medeiros) challenge the trial court's order compelling them to arbitrate a dispute with their health insurer, real party in interest Health Net.1 Medeiros contends the arbitration provision at issue is unenforceable because it does not comply with the disclosure requirements set forth in Health and Safety Code section... More...   $0 (01-17-2007 - CA)

Gregory W. Breslin, et al. v. City and County of San Francisco

This appeal poses important questions about the application and interpretation of the one-year statute of limitations for bringing disciplinary charges against police officers. (See Gov. Code,1 § 3304, subd. (d) (hereafter § 3304(d)).)2 In this matter, the trial court denied a petition for writ of mandate and for injunctive relief filed by appellant Gregory W. Breslin and three other San Fr... More...   $0 (01-17-2007 - CA)

Robert D. McAdam, et al. v. Walter C. Grzelczyk et al.

On February 9, 2000, plaintiff was involved in an automobile accident in Warwick with a vehicle owned by and registered to Travelers and operated by Grzelczyk. After the accident, the lawyer representing plaintiff in connection with the accident engaged in discussions with Wausau Insurance Companies (Wausau),2 Travelers's insurer, regarding personal injuries plaintiff allegedly suffered as ... More...   $0 (01-17-2007 - RI)

Nicholas C. Sentas v. Ruth Sentas

UnknownThe defendant, Ruth Sentas (defendant), appeals pro se from a Superior Court order granting a motion to dismiss an appeal that was filed by the plaintiff, Nicholas C. Sentas (plaintiff). This case came before the Supreme Court for oral argument on November 1, 2006, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summari... More...   $0 (01-17-2007 - RI)

Judith E. Bucklin v. Frances Morelli, in her capacity as executrix of the Estate of Ralph DiConstanzo

UnknownOn May 25, 2004, a justice of the Superior Court issued a bench decision in favor of the plaintiff, Judith E. Bucklin, who had sought the remedy of specific performance in connection with a purchase and sales agreement regarding a certain parcel of real property located in Warwick. The defendant, Frances Morelli, filed a timely notice of appeal from that judgment.

On appeal, defenda... More...   $0 (01-17-2007 - RI)

Robert E. Nunez v. Carrabba's Italian Grill, Inc., et al.

In this summary judgment action now before us on direct appellate review, we answer the following question left open in Tobin v. Norwood Country Club, Inc., 422 Mass. 126 (1996). What is the legal responsibility of a licensed commercial establishment for injuries sustained by an adult, but underage, patron [FN2] as a consequence of that establishment's furnishing alcoholic beverages to such pat... More...   $0 (01-17-2007 - MA)

Joseph F. Perroncello v. Paul J. Donahue, Sr.

In this case, we must decide whether the seller of real estate is entitled to liquidated damages for the buyer's breach of the contract of sale where, subsequent to the breach, the seller obtained court-ordered specific performance from the buyer. The question is one of first impression in the Commonwealth.

A judge in the Superior Court granted summary judgment against the seller, conclud... More...   $0 (01-17-2007 - MA)

MIGUEL PUNSODA-DÍAZ v. FORD MOTOR COMPANY

The overriding issue in this diversity case governed by Puerto Rico law is whether Plaintiff failed to establish a prima facie case of a design defect in his vehicle's airbags in light of Defendant's admissions that (1) the airbags should not have deployed at the time of the accident, and (2) such deployment was the cause of Plaintiff's injuries. The district court held that Plaintiff failed to... More...   $0 (01-17-2007 - MA)

John Cerqueira v. American Airlines, Inc. et al

John Cerqueira sued American Airlines, Inc. and others on a civil rights theory claiming that he was wrongfully removed from a 2003 flight at Boston's Logan International Airport because he appeared Middle Eastern, and was denied service even after police determined he did not pose a threat.... More...   $400000 (01-17-2007 - MA)

J&G Sales, Ltd. v. Carl J. Truscott, Director, Bureau of Alcohol, Tobacco, Firearms and Explosives

The Bureau of Alcohol, Tobacco, Firearms, and Explosives appeals from the district court's grant of summary judgment holding that the Bureau lacks authority to issue a letter requiring a small percentage of licensed firearms dealers to submit portions of their records relating to secondhand firearms. Because we find that the Bureau acted within its statutory authority under 18 U.S.C. § 9... More...   $0 (01-16-2007 - AZ)

Metropolitan Life Insurance Company v. Russell D. Conger

In 2002, Plaintiff Russell D. Conger filled out an on-line application and purchased a long-term care insurance policy under the Federal Long-Term Care Insurance Program ("FLTCIP"). When he sought to collect benefits, Metropolitan Life Insurance Company ("MetLife") refused to pay, voided the policy, and then sued for rescission and declaratory relief. Because we conclude that MetLife abus... More...   $0 (01-16-2007 - KY)

Fernando Tatis v. US Bancorp

Plaintiff-Appellant, Fernando Tatis ("Tatis"), appeals the district court's entry of summary judgment in favor of Defendant-Appellee US Bank in this diversity action for breach of contract, negligence, and violation of Ohio law based on US Bank's payment of forged checks drawn on Tatis's account. For the following reasons, we affirm the district court's decision.

I. FACTUAL AND PROCE... More...   $0 (01-16-2007 - OH)

Kathy J. Ward, et al. v. Circus Circus Casino, Inc.

We consider whether federal labor law preempts union members' state law tort claims. Six employees (the "Workers") claim their employer, Circus Circus Casinos, Inc. ("Circus"), committed torts against them. The district court granted summary judgment in favor of Circus, holding that the Workers' claims were preempted by Section 301 of the Labor Management Relations Act ("LMRA"), the par... More...   $0 (01-16-2007 - NV)

Hedrick G. Humphries v. CBOCA West, Inc.

Hedrick Humphries filed a suit alleging claims of discrimination and retaliation under Title VII and 42 U.S.C. § 1981 against CBOCS West, Inc., based upon his discharge as an associate manager at one of defendant's Cracker Barrel restaurants. After dismissing Humphries's Title VII claims as procedurally barred, the district court granted summary judgment in favor of CBOCS West, Inc. (her... More...   $0 (01-16-2007 - IL)

Mary Sallenger, as the Administrator of the Estate of Andrew B. Sallenger, Deceased

Andrew Sallenger, who suffered from mental illness, died on April 30, 2002, while the defendants were placing him under arrest. Mary Sallenger, his mother and the administrator of his estate, brought this lawsuit against the City of Springfield and the three police officers involved in this incident, among other parties, alleging a claim under 42 U.S.C. § 1983 pursuant to the Fourth Amen... More...   $0 (01-16-2007 - IL)

Transito Trujillo v. Board of Education of the Albuquerque Public Schools, et al.

Defendant Lt. Col. Mark Mayerstein appeals from the district court's order denying his motion for summary judgment on the basis of qualified immunity on plaintiff Transito Trujillo's First Amendment retaliation claim. I. Jurisdiction

We must first address the basis for this court's jurisdiction. A district court's denial of a defendant's motion for summary judgment based on qualified immu... More...   $0 (01-16-2007 - NM)

Angela M. Leonard, Personal Represenative of the Estate of Roy F. Leonard; Aetna Mortgage Consultants, Inc. v. Sunset Mortgage

Plaintiffs Angela M. Leonard, as personal representative for the estate of her deceased husband, Roy F. Leonard, and Aetna Mortgage Consultants, Inc., the couple's wholly-owned mortgage corporation, (Leonard Parties) sued defendant Sunset Mortgage for breach of contract, alleging that Sunset Mortgage owed Mr. Leonard unpaid commissions. Upon consideration of cross-motions for summary judgment, ... More...   $0 (01-16-2007 - UT)

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