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Real Estate Law
 
Simmons vs. Uintah Health Care Special Services

Rossa Lee Simmons filed this 42 U.S.C. § 1983 action alleging a violation of her procedural and substantive due process rights in the February 2001 termination of her employment with the Uintah County Care Center, a nursing home in Vernal, Utah. The Care Center is operated by the Health Care Special Service District (the District), a political subdivision of Uintah County. The District maintained... More...   $0 (02-09-2010 - UT)

Nestlé Purina Petcare Co. v. Commissioner of Internal Revenue

In 1989, Ralston established an employee stock ownership plan (“ESOP”). See 26 U.S.C. §§ 401(a), 401(k), 4975(e)(7). A trust held the ESOP’s assets, primarily Ralston preferred stock.

Ralston contributed to the ESOP for the benefit of participating employees. In 1994 and 1995, Ralston claimed deductions, totaling over $66 million, for its stated dividends on the preferred stock, wh... More...
   $0 (02-09-2010 - )

Jorge Chacon v. Edward Litke

In these consolidated appeals, defendants Edward Litke and the Edward Litke Revocable Trust of 1995 (Litke) appeal from a judgment and postjudgment order of the San Francisco Superior Court in a wrongful eviction action in favor of plaintiffs Jorge Chacon, Sr., Gilma Chacon and their adult children, Jorge Chacon, Jr., Amilcar Chacon, and Tania Chacon (Chacons).1 Following a bench trial, the court ... More...   $0 (02-08-2010 - CA)

Marcus Hesehorst Schwinn v. Harleysville Mutual Insurance Company

Stephen Ebbets, a licensed real estate agent representing Long and Foster Real Estate, Inc. (“Long and Foster”), caused a motor vehicle collision that severely injured Josef and Doerte Hesse. The Hesses, through their guardians ad litem, brought this declaratory judgment action against Ebbets and Harleysville Mutual Insurance Company (“Harleysville”), Long and Foster’s insurance carrier,... More...   $0 (02-08-2010 - VA)

Scheherezade Sharabianlous v. Ronald M. Karp

These appeals have their origin in a failed real estate transaction. Appellants Farrokh and Scheherezade Sharabianlou offered to purchase a commercial building owned by respondent Berenstein Associates.1 The Sharabianlous engaged real estate agent Ronald Karp and his company California Realty Investment Company (hereafter the Karps) to represent them in the transaction. Soon after the offer was ma... More...   $0 (02-05-2010 - CA)

Professional Firefighters of New Hampshire v. Local Government Center, Inc. & a.

The respondents, Local Government Center, Inc. (LGC) and its subsidiaries, appeal an order of the Superior Court (Mangones, J.) granting summary judgment in favor of the petitioner, Professional Firefighters of New Hampshire (Professional Firefighters), and ruling that: (1) two of LGC’s subsidiaries are subject to the Right-to-Know Law, RSA ch. 91-A (2001 & Supp. 2009); (2) certain salary inform... More...   $0 (02-04-2010 - NY)

Land America Commonwealth Title Insurance Company v. Dorothy Kolozetski

The defendant, Dorothy Kolozetski, appeals the Trial Court’s (Arnold, J.) order applying RSA 477:22 (2001) to award the proceeds of her husband’s one-half interest in the marital residence to Land America Commonwealth Title Insurance Company (Land America). We affirm.

The following facts were either found by the trial court or are supported by the record. Dorothy and John Kolozetski o... More...
   $0 (02-04-2010 - NH)

Apartment Investment and Management Company (AIMC) v. Nutmeg Insurance Company

This case requires us to consider whether, under Colorado law, an insurer has a duty to defend its insured based on allegations contained in several separate 1 During the relevant period AIMCO did not procure individual insurance policies for the properties it managed. Rather, AIMCO created its own program, whereby it purchased insurance from a single insurer using all the managed properties to ob... More...   $0 (02-02-2010 - CO)

In the Matter of the Marriage of Handra Cigainero and Timothy Cigainero and In the Interest of D. J. C., a Child

Timothy Cigainero purchased three duplexes in 1983 that generated rental income. That rental income continued during his marriage to Handra Cigainero, which began in 1987. Timothy and Handra have now divorced. Timothy appeals from the decree of dissolution, which awarded economic contribution to Handra for mortgage payments on the duplexes made by the community estate because they benefitted ... More...   $0 (02-02-2010 - TX)

Josie McIlwan Blackwell v. Timothy Allen Hatley

Plaintiff (Josie Blackwell) appeals from entry of summary judgment on her claims against Defendants. We affirm. This appeal arises from an automobile collision in 2004 in the Town of Landis, Rowan County, North Carolina. At around 1:30 p.m. on 21 May 2004, Plaintiff was driving west on E. Round Street. Her son, Gordon Blackwell (Gordon) was a passenger in the car. Defendant Timothy Hatley (Hatley)... More...   $0 (02-02-2010 - NC)

Janak C. Desai v. Hemangini K. Desai

In this marital dissolution action, the plaintiff, Janak C. Desai, appeals from the judgment of the trial court dissolving his marriage to the defendant, Hemangini K. Desai. The plaintiff claims that the court improperly (1) ordered joint custody while (a) ordering that the defendant be the ultimate decision maker and (b) determining that the minor child’s primary residence be with the defendant... More...   $0 (02-02-2010 - CT)

Sara S. Marshall v. Stephen P. Marshall

In this consolidated appeal, the defendant, Stephen P. Marshall, appeals from the judgments of the trial court dissolving his marriage to the plaintiff, Sara S. Marshall, and granting her motion to strike his petition for a new trial.1 On appeal, the defendant claims that the court improperly: (1) precluded a future court from considering the plaintiff’s income in a motion to modify alimony, (2)... More...   $0 (02-02-2010 - CT)

Red Sea Gaming, Inc. Block Investments

This appeal arises from a dispute between limited partners over the sale of a partnership interest in a Las Vegas hotel and casino. Red Sea Gaming Inc. and Red Sea Nevada, Inc. (“Red Sea”) complain of an insufficient damage award. Block Investments (Nevada) Company, Block 1991 Investment Trust, and Michael A. Block (“Block”) raise a cross-point challenging the denial of their motion for j... More...   $0 (01-31-2010 - )

C. Allen Foster v. Wintergreen Real Estates Company

Allen Foster (“A. Foster”), Susan Foster (“S. Foster”), and William Jones (“Jones”) (collectively, “Plaintiffs”) appeal the judgment of the United States District Court for the Western District of Virginia, which dismissed their Complaint against Wintergreen Real Estate Company (“WREC”), Richard Carroll (“Carroll”), Peter Farley (“Farley”), Timothy Hess (“Hess”), an... More...   $0 (01-29-2010 - )

Aztar Corporation v. U.S. Fire Insurance Company

¶1 We address in this opinion, among other issues, what the term “interruption of business, whether total or partial” means in this contract of insurance.

Facts and Procedural History

1. Tropicana Expansion Project

¶2 At all times relevant to this appeal, Appellant Aztar Corporation (“Aztar”), a Phoenix-based corporation, owned and operated the Tropicana Casino and R... More...
   $0 (01-28-2010 - AZ)

Prince George's County, Maryland v. Keith Longtin

We are asked in this appeal to determine whether Maryland’s expansive damage remedy for State constitutional violations is subject to key strictures of the statutorily-created Local Government Tort Claims Act (LGTCA), Md. Code (1973, 2006 Repl. Vol.), Courts and Judicial Proceedings Article (C&JP) §§ 5-301 et seq. This question arises in the context of allegations by appellee and cross-appella... More...   $0 (01-28-2010 - )

Massachusetts Museum of Contemporary Art Foundation Inc. v. Christopher Buchel

Geoff Edgers, Dismantled, The Boston Globe, Oct. 21, 2007, at 1N. Artist Christoph BĂĽchel conceived of an ambitious, football-field-sized art installation entitled "Training Ground for Democracy," which was to be exhibited at the Massachusetts Museum of Contemporary Art ("MASS MoCA," or "the Museum"). Unfortunately, the parties never memorialized the terms of their relationship or their understan... More...   $0 (01-28-2010 - MA)

Richard Shoalmire and Patricia Shoalmire v. U. S. Title of Harrison County

Before Richard and Patricia Shoalmire purchased a tract of Panola County land and what turned out to be a mobile home located on that land, the previous property owners, Thaddie Ray and Jimmie Lynn Pool Greer (the Greers), may have taken steps to have the mobile home recognized as part of the real property, rather than as personal property. Also before closing, the Shoalmires had visited the prop... More...   $0 (01-26-2010 - TX)

Royce Homes, L.P. v. Deborah F. Bates

Appellant, Royce Homes, L.P., appeals the order of the trial court confirming an arbitration award and final judgment in favor of appellees, a group of homeowners (“homeowners”). In three issues, Royce Homes argues that (1) the trial court abused its discretion by failing to appoint the arbitrator specified in the parties’ arbitration agreement; (2) the trial court erred in failing to vacate... More...   $0 (01-22-2010 - )

Associated Insurance Service, Inc. v. Daniel Garcia, M.D. and Rita Garcia

In this case, we are asked to consider two issues of first impression in Kentucky: whether professional negligence claims against an insurance agent and an insurance broker are assignable ; and, if so, whether such assignment, when coupled with a settlement agreement as to damages and a covenant not to execute, is illusory or void as against public policy.

The Star of Louisville ("the Star"... More...
   $0 (01-21-2010 - KY)

Life Forms, Inc. v. The Woodlands Operating Company, L.P. and The Woodlands Land Development Company, L.P.

In this appeal, we must determine whether the defendants conclusively established their limitations defense. The appellant contends the trial court erred: (1) in entering summary judgment in the face of unrefuted evidence of fraudulent concealment; (2) in determining that the appellant's fraud claims accrued more than four years before the suit was filed; and (3) in failing to grant a continuance ... More...   $0 (01-14-2010 - TX)

Cash Rent-A-Car, Inc. v. Old American County Mutual Fire Insurance Company, and Affirmative Insurance Services, Inc.

Appellant, Cash Rent-A-Car (“RAC”), challenges the trial court’s rendition of summary judgment in favor of appellees, Old American County Mutual Insurance Company (“Old American”) and Affirmative Insurance Services, Inc. (“Affirmative”), in RAC’s suit against appellees for conversion, trespass, fraud, negligent misrepresentation, breach of contract and bailment agreement, and viola... More...   $0 (01-14-2010 - TX)

BCD, L.L.C. v. BMW Manufacturing Company, L.L.C.

Clifford Rosen, a developer serving as the principal behind the entities of BCD LLC, Rosen Campus I LLC, CR-MERC LLC, and Rosen-WT Management LLC, appeals from the grant of summary judgment against him on his claims of tortious interference with contract, intentional interference with prospective contractual relations, and civil conspiracy. The district court disposed of the case on alternative gr... More...   $0 (01-14-2010 - SC)

Lisa A. Farkas v. Sandor Farkas

The defendant, Sandor Farkas, appeals from a dissolution of marriage judgment rendered by the trial court. On appeal, the defendant claims that the court made incorrect factual determinations that the plantiff, Lisa A. Farkas, was unable to work and that the status of his physical ailments remain unresolved. The defendant also claims that the court’s property allocation and financial awards were... More...   $0 (01-12-2010 - CT)

James L. Horob v. Farm Credit Services of North Dakota

[¶1] James L. Horob appeals from a summary judgment dismissing his action against Farm Credit Services of North Dakota ACA ("FCS"). We conclude the district court did not err granting summary judgment dismissal and did not abuse its discretion denying Horob's request for additional discovery. We affirm the judgment and impose sanctions on FCS for violating N.D.R.App.P. 30.

I

[¶2] J... More...
   $0 (01-12-2010 - nd)

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