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Colleen Griffin v. Yankee Silversmith, Ltd., et al.

In this workplace retaliation action, the plaintiff, Colleen Griffin, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the defendants, Yankee Silversmith, Ltd., and Howard Trefrey, its sole owner and shareholder. On appeal, she alleges instructional error. We affirm the judgment of the trial court.

The following facts and procedural history are relevant... More...
   $0 (07-08-2008 - )

Peter Letterese and Associates, Inc. v. World Institute of Scientology Enterprises, International, Religious Technology Center, Inc., Church of Scientology International, Inc., Church of Spiritual Technology

The parties in this case disagree over the scope of copyright protection in a book about sales techniques authored by the late Leslie Achilles “Les” Dane. Peter Letterese & Associates, Inc. (“PL&A”), the exclusive licensee of the copyright in Dane’s book, claims that three entities affiliated with the Church of Scientology have been infringing its copyright by incorporating portions of t... More...   $0 (07-08-2008 - FL)

Home Builders Association of Central Arizona v. Robert Kard, the Maricopa County Air Control Officer; et al.

¶1 Home Builders Association of Central Arizona ("Home Builders" or "the Association") appeals from the superior court’s order dismissing its special action complaint for lack of standing.

BACKGROUND

¶2 Maricopa County Air Quality Control Department ("MCAQCD") and Maricopa County Air Quality Control Officer Robert Kard (collectively "the Defendants") are charged with enforcing ai... More...
   $0 (07-08-2008 - AZ)

Location Realty, Inc. v. Frank Colaccino, et al.

The defendants, Frank Colaccino, the Colvest Group, Ltd., and Colvest/North Haven, LLC,1 and the plaintiff, Location Realty, Inc., appeal and cross appeal, respectively, from the judgment of the trial court, after a bench trial, awarding the plaintiff, Location Realty, Inc., certain real estate commissions on the basis of unjust enrichment. In their appeal, the defendants claim that the trial cour... More...   $0 (07-08-2008 - CT)

National Publishing Company, Inc. v. Hartford Fire Insurance Company

The sole issue in this certified appeal is whether the trial court properly refused to charge the jury on the defendant’s special defense of late notice in this action for breach of an insurance contract. The defendant, Hartford Fire Insurance Company (Hartford), appeals, following our grant of certification,1 from the judgment of the Appellate Court, which affirmed the judgment of the trial cou... More...   $0 (07-08-2008 - CT)

David R. Hartwig v. Cynthia Johnsen

¶1 We are called upon in this case to decide the narrow question of whether the trial court applied the correct legal standard when it concluded that withdrawal of counsel was not justified because the attorney-client relationship was not “irretrievably broken.” We conclude that the trial court applied the wrong legal standard. We therefore reverse and remand.

BACKGROUND

¶2 In ... More...
   $0 (07-08-2008 - UT)

Jarek Moloski v. Arciero Wine Group

Jarek Molski appeals from an order awarding attorneys' fees in the amount of $33,702.63 to respondent Arciero Winery Group (Arciero). In this lawsuit over disability access to Arciero's winery, Arciero obtained judgment in its favor on all causes of action. Molski contends that Arciero should not have been awarded its attorneys fees as a prevailing party under Civil Code section 551 because Molski... More...   $0 (07-07-2008 - CA)

Anchor Point Condominium Owner's Association v. Fist Tale Properties, LLC, Kiran & Sadeck, LLC, Sadek & Zersen, LLC and Wayne K. Sadek, Jr.

¶1 DYKMAN, J. Anchor Point Condominium Owner’s Association (APCA) appeals from an order granting summary judgment to Fish Tale Properties in APCA’s action for a declaratory judgment and injunction to prevent Fish Tale from using APCA’s piers and boat slips. APCA argues that the trial court erred in finding that the documents granting Fish Tale the right to use APCA’s piers and bo... More...   $0 (07-03-2008 - WI)

Nancy Deutsch, et al. v. Masonic Homes of California, Inc.

Masonic Homes of California, Inc. (appellant) appeals from the judgments entered following a jury trial. The jury awarded respondent Nancy Deutsch (Deutsch) $1,915,600 and respondent Sharon Mohr-McDermott (Mohr-McDermott) $1,615,600 (Deutsch and Mohr-McDermott will be collectively referred to as “respondents”).

Deutsch, who was 46 years old at the time of trial, alleged that she was sex... More...
   $0 (07-03-2008 - CA)

Gerald Edenshaw v. Safeway, Inc.; Carr's Quality Center; and Safeway Food & Drug

We accepted certification in this case to determine whether actual or constructive notice of a hazardous condition is an element of a prima facie case in an action against a grocery store owner in a slip-and-fall case. We hold that it is not.

II. FACTS AND PROCEEDINGS

The facts presented to us are sparse. Gerald Edenshaw slipped and fell at the Carr’s store in Ketchikan on May 10, ... More...
   $0 (07-03-2008 - AK)

James F. Dieringer, Jr. v. Darrel Martin

This case presents an appeal from the superior court’s modified award of attorney’s fees and personal representative fees. In a prior appeal, we concluded that the estate’s personal representative, James Dieringer, breached his fiduciary duty to the estate by engaging in self-dealing and other bad faith conduct. We vacated awards of attorney’s fees and personal representative fees and rema... More...   $0 (07-03-2008 - AK)

The Estate of Avis Maxey, et al. v. Jon Darden, M.D., et al.

In this appeal, we consider, for the first time, multiple sections of Nevada’s Uniform Act on Rights of the Terminally Ill (the Act), codified in NRS 449.535 through 449.690. The Act authorizes the use of three procedures by which terminally ill patients or their families can legally implement their wishes with regard to withholding or withdrawing life-sustaining treatment. First, an individua... More...   $0 (07-03-2008 - NV)

Malad, Inc. v. Robert C. Miller and Janice Miller

¶1 This case involves the rule against perpetuities and its application to a commercial real estate sales agreement. For the following reasons, we find that the rule against perpetuities does not render void a commercial real estate sales agreement that fails to include a specific time period for performance if it is reasonable to conclude that the parties intended performance within a reasonable... More...   $0 (07-03-2008 - AZ)

Foundation Property Investments, LLC v. CTP, LLC

This case requires us to determine whether a lender's right to enforce a promissory note's acceleration clause has been waived by lender's repeated acceptance of late monthly payments from its borrower. The district court granted summary judgment to lender, Foundation Property Investments, LLC (Foundation), holding that Foundation was entitled to accelerate. The borrower, CTP, LLC (CTP), appealed,... More...   $0 (07-03-2008 - KS)

Robert E. Martin, Jr. v. Town of Westport

This appeal concerns the trial court’s granting of a motion for summary judgment filed by the defendant, the town of Westport, in an action in which the plaintiff, Robert E. Martin, Jr., alleged that the defendant discriminated against him in violation of General Statutes § 31-290a.1 Specifically, the plaintiff alleges that the defendant improperly terminated his employment after he was injured... More...   $0 (07-01-2008 - CT)

Carmel Reddington v. State Island University Hospital and North Shore Long Island Jewish Health System

The United States Circuit Court of Appeals for the Second Circuit has certified two questions to us: the first involves the relationship between the waiver clause in Labor Law § 740 (New York's Whistleblower Law) and Labor Law § 741 (New York's Health Care Whistleblower Law); the second relates to the scope of section 741's coverage. We begin by summarizing the facts alleged in the amended compl... More...   $0 (07-01-2008 - NY)

State of New Mexico v. Miriam I. Aleman

{1} In this opinion, we deal with a DUI prosecution in which Defendants ingested drugs rather than alcohol. We address the admissibility of the expert opinion testimony of a Drug Recognition Evaluator (DRE) regarding a 12-Step Protocol (Protocol), which is a process designed to enable law enforcement to identify (1) whether a subject’s ability to operate a vehicle is impaired and (2) which ... More...   $0 (06-30-2008 - NM)

Mervyn Rapozo v. Better Hearing of Hawaii, LLC

Defendant-Appellant Better Hearing of Hawaii, LLC (Better Hearing), appeals from the Judgment of the District Court of the Fifth Circuit (District Court), in favor of Plaintiff-Appellee Mervyn Rapozo (Rapozo) and against Better Hearing, entered on November 11, 2005. (1)

In February of 2004, Rapozo purchased hearing aids from Better Hearing which he alleged did not work properly. Approximate... More...
   $0 (06-28-2008 - HI)

Mervyn Rapozo v. Better Hearing of Hawaii, LLC

Defendant-Appellant Better Hearing of Hawaii, LLC (Better Hearing), appeals from the Judgment of the District Court of the Fifth Circuit (District Court), in favor of Plaintiff-Appellee Mervyn Rapozo (Rapozo) and against Better Hearing, entered on November 11, 2005. (1)

In February of 2004, Rapozo purchased hearing aids from Better Hearing which he alleged did not work properly. Approximate... More...
   $0 (06-28-2008 - HI)

Armando Cuevas and Heather Burlette v. Jon De Roco; the El Dorado County Sheriff's Office, et al.

Plaintiffs Armando Cuevas and Heather Burlette appeal the district court's grant of summary judgment against them on their civil rights action brought pursuant to 42 U.S.C. § 1983.1

Although Plaintiffs alleged a variety of constitutional violations in the district court, they press on appeal only their claim that a warrantless entry into their residence on February 25, 2004, was unlaw... More...   $0 (06-28-2008 - CA)

Susan Ryvkin et al. v. Terry York Motor Cars Ltd., dba Land Rover Encino

On January 18, 2003, Decedent Leon Ryvkin was driving a 2002 Land Rover Discovery II in the northbound number 4 of the San Diego (405) Freeway just north of the Burbank Avenue on ramp, when the SUV suddenly began to fishtail, and ultimately rolled over (2 complete revolutions). CHP attributed the rollover accident to a flat right rear tire, which suffered a sidewall detachment due to under-inflat... More...   $0 (06-28-2008 - CA)

Planned Parenthood, etc. v. Mike Rounds

The Governor and Attorney General of South Dakota ("the State"), along with the intervenor crisis pregnancy centers, appeal the district court's preliminary injunction preventing the 2005 version of South Dakota's statute regulating informed consent to abortion from becoming effective. For the reasons discussed below, we vacate the preliminary injunction and remand to the district court for fu... More...   $0 (06-28-2008 - SD)

Teresa Hancock v. John E. Potter, Postmaster General of the United States Postal Service

Theresa Hancock worked for the U.S. Postal Service and suffered a lumbar strain while on the job. After going through a series of examinations designed to assess her ability to perform certain physical tasks on the job, she was given a new set of duties. She had disagreements with her supervisors regarding whether her new tasks ran afoul of her physical restrictions. These disagreements ult... More...   $0 (06-28-2008 - IL)

Cine SK8, Inc., et al v. Town of Henrietta, et al

Ross Catalano, 65, claimed that his former business, teen recreation center FunQuest, was irreparably damaged when the town prohibited dance parties there in spring 2002. The ban came after a riot-like incident at the club in March 2002. Catalano claimed that former Fire Marshal Chris Roth's actions on the night of the incident were racially motivated, as were statements made by former town Superv... More...   $1 (06-28-2008 - NY)

Leslie Jill Mieth v. Yorktown Health and Diagnostic

Leslie Jill Mieth sued Yorktown Health and Diagnostic and others for failing to properly diagnose and treat a malignant melanoma cancer on her foot. She claimed that defendants failed to have appropriate pathological examination of tissue removed from her foot in 2002. Plaintiff claimed that Mohammed S. Bahrami, then practicing at Yorktown Health and Diagnostic, removed a tumor from Jill Mieth's... More...   $3250000 (06-28-2008 - IN)

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