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Condominium Services, Inc. v. First Owners' Association of Forty Six Hundred Condominium, Inc.

In this appeal, we consider whether the circuit court erred in its interpretation of a management agreement (the Management Agreement) between First Owners’ Association of Forty Six Hundred Condominium, Inc. (FOA) and Condominium Services, Inc. (CSI). We also consider whether the circuit court erred in granting summary judgment on FOA’s conversion claim, in permitting certain expert testimony ... More...   $0 (05-21-2011 - VA)

Wilma L. Ruby v. Cashnet, Inc.

Under former Code § 6.1-459(6)(i) (which is now codified at Code § 6.2-1816(6)(i)), a payday lender is prohibited from “refinanc[ing], renew[ing] or extend[ing] any payday loan.”1 In this case, we must decide whether a payday lender violates this provision when it makes a loan to a borrower immediately after the borrower repays in full a previous loan. We hold that it does.

I. BACKGRO... More...
   $0 (05-21-2011 - VA)

Ford Motor Company v. John T. Gordon, Jr.

In this appeal in which a claimant's change-in-condition application for benefits was rejected by the Workers' Compensation Commission ("commission") as being time-barred, we consider whether the Court of Appeals erred by reversing the commission's decision and by holding that the provision in Code § 65.2-708(C) tolling the statute of limitations set out in Code § 65.2-708(A) runs anew under eac... More...   $0 (05-21-2011 - VA)

Alyssa Chalifoux v. Radiology Associates of Richmond, Inc.

In this medical malpractice case, we consider whether services rendered by a radiology group were single, isolated acts or a part of the patient’s continuing treatment for the purpose of determining when the statute of limitations began to run.

BACKGROUND

In December 2002, Alyssa Chalifoux saw her family physician, Dr. David Stein, after experiencing headaches and other symptoms on... More...
   $0 (05-21-2011 - VA)

S. Charles Volpe v. City of Lexington

The primary issue in this appeal is whether the City of Lexington, which owned and operated a riverside park that included a low-head dam, owed a duty to warn its invitees of the dangers posed by the dam. We also consider whether the circuit court properly struck claims of gross negligence and willful and wanton negligence.

BACKGROUND

On April 23, 2006, Charles O. Volpe (“Charl... More...
   $0 (05-21-2011 - VA)

California Crane School (CCS) and John Nypl v. National Commission for the Certification of Crane Operators (NCCCO)

In a landmark case that has major implications for certification organizations nationwide, the National Commission for the Certification of Crane Operators (NCCCO) today prevailed in a lawsuit brought against it in California Superior Court by California Crane School (CCS) and its owner, John Nypl. After deliberating for less than one day, a 12-member jury returned a complete defense verdict for N... More...   $0 (05-21-2011 - CA)

David Smalley v. Stowe Mountain Club, LLC

¶ 1. In this dispute between neighboring landowners, defendant Stowe Mountain Club, LLC (SMC) appeals from a judgment in favor of plaintiff David Smalley on his claim that portions of a golf course built and operated by SMC violate restrictive covenants in Smalley’s deed. SMC contends that, in granting declaratory and injunctive relief in favor of Smalley, the trial court: (1) misconstrued t... More...   $0 (05-20-2011 - VT)

Riverwood Commercial Park, LLC v. Standard Oil Company, Inc.

[¶1] Riverwood Commercial Park, LLC, and Tom S. Freidt (collectively "Riverwood") appealed from a summary judgment dismissing Riverwood's action against Standard Oil Company, Inc. ("Standard") and Tesoro Refining and Marketing Company ("Tesoro"). We conclude the district court did not err in granting summary-judgment dismissal of Riverwood's claims because the court correctly ruled as a matter of... More...   $0 (05-20-2011 - ND)

Kori Harbison v. Carl Hollman

Kori Harbison sued Carl Hollman on an auto negligence theory claiming that she was injured in a car wreck on December 11, 2009 near the intersection of SW 199th at Cedar Valley Drive caused by Mr. Hollman.... More...   $50000 (05-20-2011 - OK)

Lorre L. Ruby v. Billy Cassetty Company

Lorre L. Ruby sued Billy Cassetty Company on a breach of contract theory. The claims made and defenses asserted are not available.... More...   $1 (05-20-2011 - OK)

Maqrk A. Hacker v. Margaret Lowery

Maqrk A. Hacker sued Margaret Lowery on an auto negligence theory claiming to have been injured in a car wreck caused by Defendant.... More...   $1 (05-20-2011 - OK)

Aaron Alfard v. City of Tulsa

Aaron Alfard sued the City of Tulsa on a governmental tort theory auto negligence theory claiming to have been injured in a car wreck caused by a City employee's negligence.... More...   $1 (05-20-2011 - OK)

Julia Knapp v. AT&T Wireless Services, Inc.

Plaintiff Julia Knapp, on behalf of herself and all others similarly situated, appeals from the trial court‟s order denying her motion for class certification as to her claims against defendant AT&T Wireless Services, Inc. (AWS), for violation of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), violation of the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq... More...   $0 (05-20-2011 - CA)

Leena Areso v. Carmax, Inc.

Leena Areso appeals from the trial court‘s grant of summary adjudication in favor of CarMax, Inc. (CarMax) in her class action lawsuit, which (among other causes of action) alleged violations of the Labor Code, including a failure to pay compensation for overtime. We affirm.

BACKGROUND

Areso began working for CarMax on June 23, 2004 as a sales consultant trainee, and until July 18,... More...
   $0 (05-20-2011 - CA)

James C. Folgelstrom v. Lamps Plus, Inc.

Plaintiff and appellant James C. Folgelstrom (plaintiff) appeals the judgment entered in favor of Lamps Plus, Inc. (Lamps Plus) following the latter's demurrer to plaintiffs' complaint. Based on the holding of Pineda v. Williams-Sonoma Stores, Inc. (2011) 51 Cal.4th 524 (Pineda), we reverse the judgment and order the trial court to overrule the demurrer to plaintiff's cause of action alleging a vi... More...   $0 (05-20-2011 - CA)

Digitech Computer, Inc. v. Trans-Care, Inc.

Trans-Care, an Indiana company that furnishes ambulance and other medical transportation services, wanted to replace its dispatch and billing software. After looking around, it chose Digitech Computer for the job. The two executed a software licensing agreement, but it was not long before the deal went sour.

The software did not work as Trans-Care expected, and so Trans-Care attempted to ex... More...
   $0 (05-20-2011 - IN)

Don DiFiore v. American Airlines, Inc.

In September 2005, American Airlines, Inc. ("American") began charging passengers a fee of $2 for each bag checked with porters who provide curbside service (called "skycaps") at Boston's Logan Airport. Arguing that passengers mistook the fee for a mandatory gratuity for the skycaps and stopped tipping, several porters brought suit against American; the present appeal is a product of that litigati... More...   $0 (05-20-2011 - MA)

Ricky L. Pittman v. Cuyahoga County Department of Children and Family Services

Defendant-Appellant Cynthia Hurry née Keller appeals the district court’s order denying her summary judgment on Plaintiff-Appellee Ricky Pittman’s claims under 42 U.S.C. § 1983. Hurry, a social worker employed by the Cuyahoga County Department of Children and Family Services (“CCDCFS”), was the primary case worker for Pittman’s son Najee, who was removed from his mother’s custody by ... More...   $0 (05-20-2011 - OH)

State of West Virginia ex rel Darrell V. McGraw, Jr. v. CVS Pharmacy

The State of West Virginia, by its Attorney General, commenced this action in state court against CVS Pharmacy, Inc., and five other pharmacies (collectively, the "Pharmacies"), alleging that the Pharmacies sold generic drugs to West Virginia consumers without passing along to the consumers the cost savings of generic drugs over brand name equivalents, in violation of West Virginia Code § 30-5-12... More...   $0 (05-20-2011 - WV)

Mark Teseniar v. Professional Plastering & Stucco Inc.

Mark Teseniar and other owners of Twelve Oaks Condominiums in Fenwich, North Carolina, sued Professional Plastering & Stucco Inc. on breach of warranty theories. They claimed that shoddily installed stucco allowed water to intrude behind balls, deteriorating trusses and other key wooden support structures. Residents began to notice water stains and mold building up on the interior walls. The damag... More...   $7700000 (05-20-2011 - NC)

Barbara Mangogna v. Alantom, Inc. d/b/a Tucker's Place

Barbara Mangogna sued Tucker's Place on a premises liability theory. The claims made and defenses asserted are not available.... More...   $0 (05-20-2011 - MO)

Julie Reese v. R.J. Reynolds

Julie Reese sued R.J. Reynolds on a products liability theory claiming that the Camel and Kool cigarettes manufactured by Defendant and sold to Plaintiff were defective and unreasonably dangerous and caused the laryngeal cancer and COPD that she developed. Plaintiff claimed that she started smoking in 1939 at age 16. She was unable to quit smoking despite the fact that she ultimately concluded th... More...   $1000000 (05-20-2011 - FL)

Maria Ramirez v. City of Bakersfield

Maria Ramirez, Erika Morataya and Cindy Morataya sued Bakersfield, California Park Department Timothy Ornelas on an auto negligence theory claiming that he failed to exercise due care in the operation of his park department vehicle when he ran over and killed Armando Morataya, age 54, as he rested on the grass at Jefferson Park in 2008.

The City of Bakersfield admitted that Ornelas was negl... More...
   $2100000 (05-20-2011 - CA)

Joanne Hartwig v. Dr. Adam Lewis

Joanne Hartwig sued Dr. Adam Lewis on a medical negligence (medical malpractice) theory claiming that he surgery that he performed on her back in 2005 was not properly performed and resulted in a plate in her back being in the wrong position and one of the screws to fuse the lumbar spine bones together, not attached to bone.

Plaintiff claimed that she sought a second opinion after her cond... More...
   $553000 (05-20-2011 - MS)

Brianna Maya v. Johnson & Johnson d/b/a McNeil Consumer Products

The family of Brianna Maya sued Johnson & Johnson d/b/a McNeil Consumer Products on a products liability theory claiming that Maya, age 13, suffered skin burns over 84% of her body and eye damage after she took Children's Motrin to treat a fever and cough.

J&J, the world’s second-biggest seller of medical products, recalled more than 40 consumer brands last year, among them varieties of ... More...
   $10000000 (05-20-2011 - PA)

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