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Law
 
Lennar Corporation, etc. v. Auto-Owners Insurance Company

1 Lennar Corporation, Lennar Homes of Arizona, Inc., and Lennar Communities Development, Inc. (collectively "Lennar") bring this consolidated appeal from the trial court's summary judgment to various insurers in a declaratory judgment action. In the judgments, the trial court determined that the insurers had no obligation to defend Lennar in a suit brought against it by homeowners in its Pinn... More...   $0 (01-24-2007 - AZ)

Michele Noel Pugliese v. The Superior Court of Los Angeles County and Dante J. Pugliese

Petitioner Michele Noel Pugliese (Michele) seeks a writ directing the superior court to set aside an order granting real party Dante J. Pugliese's (Dante) in limine motion to exclude all references to acts of domestic violence alleged to have occurred three years prior to the date Michele filed her domestic violence complaint. We conclude that domestic violence litigants are entitled to s... More...   $0 (01-24-2007 - CA)

Kemp Bros. Construction, Inc. v. Titan Electric Corporation

"‘Attachment is an ancillary or provisional remedy to aid in the collection of a money demand by seizure of property in advance of trial and judgment.'" (Doyka v. Superior Court (1991) 233 Cal.App.3d 1134, 1137.) California's Attachment Law (Code Civ. Proc., § 482.010 et seq.)1 is purely statutory and is strictly construed. (Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 26... More...   $0 (01-24-2007 - CA)

Sheila Stone v. Center Trust Retail Properties, Inc.

Commercial landlord Center Trust Retail Properties, Inc. appeals from the jury's six-figure damage award to Sheila Stone for the physical injuries she suffered in Center Trust's mall. We reverse and remand for retrial.

FACTS AND PROCEDURAL HISTORY

Appellant Center Trust Retail Properties, Inc. owned a Los Angeles retail mall in which the Gumboz Creole Cajun restaurant was a ten... More...   $0 (01-24-2007 - CA)

Randy Vergos v. Julie McNeal

Plaintiff Randy Vergos, who alleges he was sexually harassed in his employment at the University of California at Davis (UCD), filed a civil rights claim against the manager who denied his administrative grievances--defendant Julie McNeal (acting director of UCD's Facilities Services Department1). McNeal appeals from the trial court's order denying her motion to strike plaintiff's third ... More...   $0 (01-24-2007 - CA)

Fouad Said v. Henrietta Jegan, et al.

Fouad Said appeals from the summary judgment denying his petition to determine that he is not the father of Fouad Samir Said (Fam. Code, § 7630, subd. (b)) on the ground that he lacked standing as a presumed father to maintain such an action. Because he presented sufficient evidence to show he might qualify as the presumed father (Fam. Code, § 7611, subd. (d)), we hold that the trial cour... More...   $0 (01-24-2007 - CA)

Jose Castillo v. Marco Antonio Barrera, et al.

A boxing manager is defined by California law as any person who undertakes to represent in any way the interest of a professional boxer with respect to the arrangement or conduct of any professional boxing contest, or any person who directs or controls the activities of any professional boxer. A contract to manage a professional boxer must be in writing, and managers must be licensed by the... More...   $0 (01-24-2007 - CA)

William H. Delay v. Mel Gordon, etc., et al.

The beneficiaries of Plaintiff-Appellant William Delay's estate1 appeal an order from the district court denying modification under Federal Rule of Civil Procedure 60(b)(6) of a January 8, 1985 judgment on a breach of employment contract claim against the now-abolished Pacific Northwest River Basins Commission ("the Commission"). Appellants asserted that, under a change in the decisiona... More...   $0 (01-24-2007 - OR)

Horphag Research, Ltd. v. Larry Garcia, dba Healthierlife.Com, et al.

We are called upon to consider, for a second time, Defendant Larry Garcia's use of Horphag Research Ltd's ("Horphag's") trademark Pycnogenol. In a previous appeal, we affirmed the district court's grant of judgment as a matter of law on Horphag's trademark infringement claims. See Horphag Research Ltd. v. Pelligrini, 337 F.3d 1036, 1042 (9th Cir. 2003). We vacated the district court's ord... More...   $0 (01-24-2007 - CA)

Willaim Syverson, etc. et al. v. International Business Machines Corporation

Under the Older Workers Benefit Protection Act ("OWBPA"), employees may not waive rights or claims arising under the Age Discrimination in Employment Act ("ADEA") unless the waiver is "knowing and voluntary." 29 U.S.C. § 626(f)(1) (2000). To qualify as "knowing and voluntary," a waiver included in an agreement between an employer and its employees must, among other things, be "written in... More...   $0 (01-24-2007 - CA)

Brewster Kahle, et al. v. Alberto R. Gonzales

Plaintiffs appeal from the district court's dismissal of their complaint. They allege that the change from an "opt-in" to an "opt-out" copyright system altered a traditional contour of copyright and therefore requires First Amendment review under Eldred v. Ashcroft, 537 U.S. 186, 221 (2003). They also allege that the current copyright term violates the Copyright Clause's "limited Times"... More...   $0 (01-24-2007 - CA)

Creagri, INC. v. UUSANA Health SCIENCES, INC.

In a contest involving competing products claiming trademark priority, the district court determined, in order to acquire priority, a "use in commerce" means a lawful use - here, a use compliant with federal labeling requirements. We agree.

BACKGROUND

In the spring of 2001, Appellant CreAgri, Inc. ("CreAgri") began selling Olivenol, a dietary supplement containing an apparently... More...   $0 (01-24-2007 - CA)

Steven Fisher, et al. v. City of San Jose, et al.

Steven Fisher claims constitutional violations stemming from a twelve-hour standoff at his apartment between him and a large number of San Jose police officers, at the end of which he came out of the apartment and submitted to arrest. He sued the city of San Jose (the City) and several officers under 42 U.S.C. § 1983, contending, among other things, that the arrest was invalid because t... More...   $1 (01-24-2007 - CA)

Michael Alan Johnson, et al. v. City of Seattle, et al.

Michael A. Johnson and ten other persons (collectively the "Pioneer Square Plaintiffs") appeal from the district court's order granting summary judgment in favor of the City of Seattle, Paul Schell (former Mayor of Seattle), and R. Gil Kerlikowske (Chief of the Seattle Police Department) (collectively "Defendants"). The Pioneer Square Plaintiffs contend that the district court erred in di... More...   $0 (01-24-2007 - WA)

Bobby Maxwell v. Kerr-McGee Chemical Worldwide, LLC

Bobby Maxwell sued Kerr-McGee Chemical Worldwide, LLC under the False Claims Act (qui tam) on behalf of the United States Department of Interior claiming that defendant underpaid the U.S. Treasury $7.5 million in royalty payments for oil leases in the Gulf of Mexico. Maxwell, a former Interior Department Minerals Management Service auditor quit his job in order to sue Anadarko Petroleum and e... More...   $7500000 (01-24-2007 - CO)

Petra Maestas, as personal representative of the Estate of Betty Varela, and on behal of Joe V., a minor, v. Philip G. Zager, M.D., Dialysis Clinic, Inc., et al.

{1} This appeal arises from a medical malpractice claim brought by Petitioner Petra Maestas, personal representative of the decedent, under the Tort Claims Act (TCA), NMSA 1978, §§ 41-4-1 to -27 (1976, as amended through 2006). The trial court granted a summary judgment motion in favor of Respondent Dr. Philip G. Zager after determining that Petitioner's claim was barred by the statute of ... More...   $0 (01-23-2007 - NM)

Global Wire Cloth, LLC v. WKM, Inc.

Breach of contract claim with counterclaim.... More...   $160000 (01-23-2007 - OK)

Nationwide Insurance Enterprise v. Tamela Ibanez, Wal-Mart Stores, Inc.

This appeal arises from an order of the Benton County Circuit Court reducing a foreign judgment filed in Benton County against appellee and garnishee, Wal-Mart, after a default judgment was entered in favor of appellant, Nationwide Insurance Enterprise, in the State of Washington. We affirm.

On January 7, 2005, Wal-Mart was served by Nationwide with a writ of garnishment with respect ... More...   $1086 (01-23-2007 - AR)

Mary Sowders v. St. Joseph’s Mercy Health Center and Sisters of Mercy Health System, from Hot Spring

This is a case involving the doctrine of charitable immunity. Appellant, Mary Sowders, appeals the orders granting summary judgment in favor of appellees, St. Joseph's Mercy Health Center and Sisters of Mercy Health System, St. Louis, Inc. On appeal, Sowders argues that the circuit court erred in (1) ruling that the liability pool administered by Sisters of Mercy did not constitute insuranc... More...   $0 (01-23-2007 - AR)

City of Lincoln v. Hershberger

The City of Lincoln (the City) loaned money to PMI Franchising, Inc. (PMI), pursuant to a project financing agreement. James E. Hershberger and Sandra M. Hershberger were guarantors on the loan. PMI failed to repay any of the installment payments, and the City, in a letter dated February 28, 1995, exercised its right to accelerate the debt under the agreement. The City filed suit against the ... More...   $0 (01-23-2007 - NE)

Brenda M. King, as personal representative of the Estate of Ashley Marie King, deceased, et al. v. Dennis Landguth, Secretary of the South Dakota Department of Transportation

[1.] This action arose from a one car accident in rural Turner County, where Ashley Marie King suffered fatal injuries and Barbara V. King (Barbara) suffered serious but non-fatal injuries, after the driver hit a box culvert in the ditch. Brenda M. King (Brenda), on behalf of Ashley, and Barbara sued the State of South Dakota, the South Dakota Department of Transportation (DOT), and DOT employe... More...   $0 (01-23-2007 - SD)

William Rotenberger v. Lex Burghduff

[1.] After the circuit court dismissed William Rotenberger's (Rotenberger) action against Lex Burghduff (Burghduff) for lack of prosecution, Rotenberger brought the same action thirteen months later. Burghduff alleged the action was barred by res judicata and collateral estoppel. Rotenberger proceeded to bring a motion to vacate the order of dismissal, which the circuit court granted. The circu... More...   $0 (01-23-2007 - SD)

Sharon Hanson v. Vermillion School District #13-1 and Board of Education

[1.] On March 22, 2004, the Vermillion School District Board of Education (Board) voted to non-renew Sharon Hanson's professional employee contract with the Vermillion School District (District). The Vermillion Education Association (Association) filed a grievance on her behalf with the District that was rejected by the Board. The Association appealed the Board's decision to the South Dakota De... More...   $0 (01-23-2007 - SD)

Leah D. Glover v. Jerity E. Krambeck v. Joshua Macer

[1.] This decision consolidates two separate appeals from two different cases in adjoining counties. The cases were considered by different circuit court judges and arose from a single car accident. A Meade County case involving Jerity Krambeck's (Krambeck) insurance carrier was settled and dismissed with prejudice. When counsel for a Butte County case brought by Krambeck moved to set aside tha... More...   $0 (01-23-2007 - SD)

Robert Wayne Chalfant v. Titan Distribution, Inc.; Titan International, Inc.

A jury found that Titan Distribution, Inc. ("Titan") discriminated against Robert Wayne Chalfant based on Chalfant's disability and awarded him $60,000 in back pay and $100,000 in punitive damages. The district court1 then awarded Chalfant $18,750 in front pay and denied Titan's post-trial motions. Titan appeals. For the reasons discussed below, we affirm.

I. BACKGROUND

Titan, a ... More...   $160000 (01-23-2007 - IA)

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