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Donaldson Company, Inc. v. Burroughs Diesel, Inc.

Donaldson Company, Inc., a nonsignatory, seeks to compel arbitration against Burroughs Diesel, Inc., a signatory to an agreement with an arbitration clause. The district court ordered arbitration. Burroughs appeals. Jurisdiction being proper under 28 U.S.C. § 1291, this court reverses and remands.1

I.

In 1999, Burroughs signed a Dealer Full Service Agreement with Western Star Truck ... More...
   $0 (09-16-2009 - MO)

Rick Glorvigen, etc. v. Cirrus Design Corporation

On January 18, 2003, at 6:38 a.m., a Cirrus SR-22 aircraft with identification number N9523P crashed near Hill City, Minnesota. The pilot and owner of the aircraft, Gary Prokop, and his passenger, James Kosak, were both killed in the crash. Their trustees, Thomas Gartland and Rick Glorvigen, appointed under the Minnesota wrongful-death statute, brought claims against Cirrus, the airplane manufactu... More...   $0 (09-16-2009 - MN)

Vita-Mix Corp. v. Basic Holding, Inc.

This case involves alleged infringement by Basic Holding (“Basic”) of a patent and alleged trademark held by Vita-Mix Corporation (“Vita-Mix”). The United States District Court for the Northern District of Ohio granted summary judgment of no direct infringement, no inducement of infringement, no contributory infringement, and no trademark infringement in favor of Basic. The court also gran... More...   $0 (09-16-2009 - OH)

Banco Industrial De Venezuela, C.A. v. Esperanza de Saad and Joseph Beeler, P.A.

Banco Industrial De Venezuela, C.A. (“Banco”), and BIV Investments and Management, Inc. (“BIV”), appeal a final summary judgment in favor of Esperanza de Saad (“de Saad”) and Joseph Beeler, P.A. (“Beeler”), in an action for statutory indemnification and breach of contract. We affirm the trial court’s grant of final summary judgment on both the count for statutory indemnification ... More...   $0 (09-16-2009 - FL)

Daniel Hearne v. Diane Banks

This case concerning the ownership of certain real property in Fort Smith is before us for the third time.1 Appellants Daniel Hearne and his wife Debora Hearne claimed an interest in this property by virtue of two deeds, one from Daniel Hearne’s mother, and the other from David Banks, the former husband of appellee Diane Banks. The circuit court held that the deed from Hearne’s mother failed f... More...   $0 (09-16-2009 - AR)

Union Electric Co. v. James Devine

In these consolidated appeals, James Devine challenges the district court’s1 (1) order and judgment holding him in contempt and imposing sanctions for violating a 2001 consent decree which required him to bring four boat docks located on a cove of the Lake of the Ozarks in Camden County, Missouri, into compliance with permits issued by Union Electric Company (UE) (No. 07-3926), and (2) order awa... More...   $0 (09-16-2009 - MO)

Bryan Lyons v. Jody Pryor

Bryan Lyons (Lyons) appeals from the district court’s1 order denying postjudgment motions he filed following the dismissal of his civil action against his former landlord, Jody Pryor. Upon careful review, we conclude the district court did not abuse its discretion in denying Lyons’s motions. See Murphy v. Mo. Dep’t of Corr., 506 F.3d 1111, 1117 (8th Cir. 2007) (standard for reviewing denial ... More...   $0 (09-16-2009 - MO)

The State of Oklahoma v. Steven James Earl Kemp

¶1 Steven James Earl Kemp was charged by Information in the District Court of Atoka County, Case No. CF-2007-92, with Cultivation of Marihuana, After Former Conviction of Two Felonies, in violation of 63 O.S.2001, § 2-509(A) and (B) and 21 O.S.Supp.2002, § 51.1.1 The district court granted Kemp’s motion to suppress evidence by finding that Kemp’s consent was not voluntarily given and, the... More...   $0 (09-15-2009 - OK)

Sherry S. Albert v. J. Kimzie Cowart

Defendants Kimzie Cowart and Wachovia Corporation (Wachovia) appeal from Henderson County Superior Court judgments entered 31 July 2008 and 2 September 2008. For the reasons stated herein, we reverse in part the judgment of the trial court and dismiss in part the appeal.

Facts

Frank and Doris King were residents of Henderson County, North Carolina. At the age of 75, Doris was dia... More...
   $0 (09-15-2009 - NC)

Farmers Union Association, Big Horn County, Montana v, Gerald Paquin, et al.

¶1 The Thirteenth Judicial District Court, Yellowstone County, granted defendant Ronald Nedens’ motion to change venue for this action from Yellowstone County to Big Horn County. Plaintiff Farmers Union Association (FUA) appeals. We reverse and remand.

¶2 The sole issue on appeal is whether the District Court erred in changing venue.

BACKGROUND

¶3 According to FUA... More...
   $0 (09-15-2009 - MT)

Hale & Hale, Ltd. and Dakota J. Hale v. The Arnold and Jeanie Pettit Declaration of Trust Dated 2/1/95, Arnold and Jeanie Pettit

Mr. Arnold and Mrs. Jeanie Pettit appeal the trial court’s judgment awarding Hale & Hale Ltd. a real estate commission on the sale of the Pettit’s property and attorney fees. Hale & Hale sued Mr. and Mrs. Pettit after they refused to pay it a real estate commission on property that Mr. Pettit had listed exclusively with Hale & Hale Ltd. We affirm and remand for a determination of reasonable at... More...   $0 (09-15-2009 - MO)

State Farm Mutual Automobile Insurance Company v. Kiersten McGonigal

State Farm Mutual Automobile Insurance Company sued Kiersten McGonigal on an auto negligence theory (subrogation). The claims made and defenses asserted are not available.... More...   $2810 (09-15-2009 - OK)

A.W. Financial Services, S.A. v. Empire Resources, Inc., et al.

The United States District Court for the Southern District of New York (The Honorable Sidney H. Stein) (the “Southern District”) has certified to us, under Article IV, § 11(8) of the Delaware Constitution and Rule 41 of this Court,1 four questions relating to Delaware’s Escheat Statute. Those questions arose in a pending action in the Southern District brought by plaintiff, A.W. Financial S... More...   $0 (09-15-2009 - DE)

Edward Crespin v. Albuquerque Baseball Club, LLC, d/b/a Albuquerque Isotopes, et al.

{1} Plaintiffs sued Defendants Albuquerque Baseball Club, LLC, d/b/a Albuquerque Isotopes (Isotopes), the City of Albuquerque (the City), Houston McLane Co. d/b/a Houston Astros (Astros), and Dave Matranga for injuries sustained by their son when Plaintiffs were attending a pre-game picnic at the Isotopes baseball team’s stadium in Albuquerque, New Mexico. Matranga, a player for the visiting Ast... More...   $0 (09-15-2009 - NM)

State of Oklahoma ex rel. Protective Health Services State Department of Health v. Bernadine Vaughn

¶1 The first impression issue in this case is whether a certified nurse aide's photocopying a resident's medication record and releasing it to the Equal Employment Opportunity Commission (EEOC) requires the Oklahoma State Health Department (the Department) to make a finding of misappropriation of a resident's property and place the finding on the Oklahoma Nurse Aide Registry pursuant to title 42,... More...   $0 (09-15-2009 - OK)

Constance J. Jarvis v. Constance M. Lieder, et al.

A constructive trust arises ‘‘when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,—as numberless as the modes by... More...   $0 (09-15-2009 - CT)

Alma R. Nanni v. Dino Corporation, et al.

The plaintiff, Alma R. Nanni,1 administratrix of the estate of Alfredo J. Nanni, appeals from the judgment of the trial court rendered following the granting of the motion to enforce the settlement agreement filed by the defendants, the Dino Corporation and Paul Nanni.2 On appeal, the plaintiff claims that the court improperly (1) enforced the settlement agreement and (2) rendered a judgment that ... More...   $0 (09-15-2009 - CT)

Amgen, Inc. v. F. Hoffman-La Roche, Ltd.

This is a patent case. Amgen Inc. (“Amgen”) is the owner of U.S. Patent Nos. 5,441,868 (“the ’868 patent”), 5,547,933 (“the ’933 patent”), 5,618,698 (“the ’698 patent”), 5,756,349 (“the ’349 patent”), and 5,955,422 (“the ’422 patent”). The patents relate to the production of the protein erythropoietin (“EPO”) using recombinant deoxyribonucleic acid (“DNA”)... More...   $0 (09-15-2009 - )

Robert D. Cain, et al. v. Sherrri Porter

Sherri Porter appeals from the trial court‟s judgment denying her Rule 74.06(b) motion, which sought relief from what Porter contended was a void judgment. The trial court held that Porter was precluded from reasserting the issues raised in her current motion, because she had raised the same issues in an earlier motion, lost, and appealed, but failed to prosecute her appeal from the earlier adve... More...   $0 (09-15-2009 - MO)

Justine M. Bell v. Roland Bell, Randy Bell, Dennis Bell, Marc Bell and Allison Bell, and Kevin Anderson

Justin Bell appeals the trial court‟s judgment approving the Estate of Florence M. Bell‟s (“the Estate”) personal representative‟s compromise settlement on Justin Bell‟s petition for discovery of assets. On appeal, Justin Bell has one point in which he claims that the trial court erred in approving the personal representative‟s settlement because there was no evidence at the hearing ... More...   $0 (09-15-2009 - MO)

Hale & Hale, Ltd. v. The Arnold and Jeanie Pettit Decarlation of Trust Dated 2/1/05, Arnold and Jeanie Petitt

Mr. Arnold and Mrs. Jeanie Pettit appeal the trial court’s judgment awarding Hale & Hale Ltd. a real estate commission on the sale of the Pettit’s property and attorney fees. Hale & Hale sued Mr. and Mrs. Pettit after they refused to pay it a real estate commission on property that Mr. Pettit had listed exclusively with Hale & Hale Ltd. We affirm and remand for a determination of reasonable at... More...   $0 (09-15-2009 - MO)

Nursing-Centers, Inc. v. Robin Cherubini

Robin Cherubini appeals that part of a judgment and order that did not award her attorney fees under Wis. Stat. Rules 802.05 and 804.12(3). This case arises out of consolidated actions brought against her by her former employer, Nursing Centers, Inc., alleging that she breached her employment contract by violating her non-compete and confidentiality agreements, and seeking, among other things, a ... More...   $0 (09-15-2009 - WI)

United States of America v. Tanya Tennyson

Rapid City, SD - Criminal defense lawyer Lorie Malone represented Tanya Tennyson who was charged with bank fraud, mail fraud and wire fraud.

The Court docket entries for this case are set forth below:

01/06/2009 46 MOTION for Court Appointed Counsel by Tanya Tennyson. (JLH) (Ent... More...
   $0 (09-14-2009 - SD)

Super Duper Inc., dba Super Duper Publications v. Pennsylvania National Mutual Casualty Insurance Company, The Travelers Indemnity Company of America, and Travelers Property Casualty Company of America

The United States District Court for the District of South Carolina presents certified questions concerning commercial general liability (CGL) insurance policies. We are asked, as an issue of first impression in South Carolina, whether the respective policies’ inclusion of an advertising injury may encompass trademark infringement. Generally, based on the policy terms before us, we answer in t... More...   $0 (09-14-2009 - SC)

Roger Twenhafel, d/b/a Consolidated Services v. State Auto Property and Casualty Insurance Company

Roger Twenhafel insured his business property through an “open peril” insurance policy issued by State Auto Property and Casualty Insurance Company (“State Auto”). Twenhafel sought coverage under the policy for loss of his raw wood inventory damaged by rain as a result of a severe storm. State Auto denied Twenhafel’s claim on the basis that the loss was excluded from coverage because the... More...   $0 (09-14-2009 - IL)

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