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Real Estate Law
The Huxfield Cemetery Association v. Bobby L. Elliott

This case concerns a three-acre tract of land known as Huxfield Cemetery and which party, Appellant or Respondents, may maintain control over the property. The special referee treated this dispute as an action to try title and ruled that because Respondents had superior title over Appellant, Respondents were entitled to maintain control over the cemetery and were permitted to charge a burial fee... More...   $0 (08-16-2010 - SC)

Azuron Shooshanian v. Colleen Dire

A landlord sought re-possession of her condominium from a tenant. The tenant asserted he had an enforceable right to purchase the residence based on an option in his lease (the option right). After a superior court bench trial at which the tenant appeared pro se, the court ruled in favor of the landlord. The tenant appeals, arguing that the trial court erred by: (1) refusing to postpone trial to a... More...   $0 (08-13-2010 - AK)

Douglas B. Stalley v. Transitional Hospitals Corporation of Tampa, Inc.

Douglas B. Stalley, as Personal Representative of the Estate of Roderic L'Aine, Deceased (the Estate), appeals the trial court's order that stayed its lawsuit for wrongful death and negligence and compelled arbitration of its dispute with Transitional Hospitals Corporation of Tampa, Inc., Kindred Healthcare Operating, Inc., and Kindred Healthcare, Inc. (collectively Kindred). The Estate contends t... More...   $0 (08-11-2010 - FL)

Ben Soifer v. Chicago Title Company

In this case, the plaintff and appellant, Ben Soifer, appeals a judgment entered after the trial court sustained a demurrer to his first amended complaint without leave to amend. In Southland Title Corp. v. Superior Court (1991) 231 Cal.App.3d 530 (Southland), we held that a title company could not be held liable for the negligent preparation of a preliminary report of title. Rather, if a represen... More...   $0 (08-10-2010 - CA)

Owner-Operator Independent Drivers Association, Inc. v. Mayflower Transit, L.L.C.

Federal regulations require motor carriers to have insurance for the protection of the public, which may be injured by collisions on the highway. 49 U.S.C. §13906; 49 C.F.R. §376.12(j)(1). Carriers may provide service through leased equipment—and a leased truck frequently is owned by its driver, who comes with the lease. See Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, In... More...   $0 (08-09-2010 - IN)

Timothy S. Therrien v. Target Corporation

Timothy Therrien was stabbed when he tried to help apprehend a shoplifter at a Target store. He sued Target Corporation for negligently causing his injuries.

After trial in the United States District Court for the Northern District of Oklahoma, the jury awarded Mr. Therrien $500,000 in damages. Target appeals, contending that (1) there was insufficient evidence to support the verdict, (2)... More...
   $0 (08-09-2010 - OK)

Brenda Urnikis-Negro v. American Family Property Services, et al.

Although plaintiff Brenda Urnikis-Negro prevailed in her suit for overtime pay, she contends on appeal that the district court improperly calculated the amount of pay she is owed. After a bench trial, the district court found that defendants American Family Property Services and its owners and officers, Todd and Nichole Lash, violated the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §... More...   $0 (08-04-2010 - IL)

The Land Group, Inc. v. Carl J. Palmieri

The plaintiff, The Land Group, Inc., appeals from the judgment of the trial court in favor of the defendants, Carl J. Palmieri, as trustee and in his individual capacity, Frank Palmieri, as trustee and in his individual capacity, Mary Gai,1 Florence Palmieri and Marie Palmieri, executrix of the estate of Vincent Palmieri. The court found that the defendants did not breach the parties’ contract f... More...   $0 (08-03-2010 - CT)

Estate of Stephen E. Owens v. CTRE, LLC

The principal issue in this action for breach of contract is whether a commercial tenant waived its right to enforce a provision in its lease warranting that ‘‘a permanent certificate of occupancy or equivalent certificate has been or prior to Tenant’s occupancy will be issued covering the Building and permitting the use of the Premises for such purpose.’’ It is undisputed that, because ... More...   $0 (08-03-2010 - CT)

David M. Somers and Associates, P.C. v. Ruth A. Kendall

The appellants, David M. Somers & Associates, P.C., and David M. Somers, appeal from the judgments of the trial court rendered in favor of the appellee, Ruth A. Kendall.1 The appellants claim that the court improperly (1) held Somers in his individual capacity liable for damages and (2) failed to apply the doctrine of judicial estoppel.2 We disagree and affirm the judgments of the trial court.
... More...
   $0 (08-03-2010 - )

Gloria E. Swanson v. Citibank, N.A.

Gloria Swanson sued Citibank, Andre Lanier, and Lanier’s employer, PCI Appraisal Services, because she believed that all three had discriminated against her on the basis of her race (African-American) when Citibank turned down her application for a home-equity loan. Swanson also named her husband, Charles Routen, as a co-plaintiff and a co-appellant, but since Swanson is proceeding pro se, she m... More...   $0 (07-30-2010 - IL)

Amelia Peters Bingham v. Commonwealth of Massachusetts

In 2008, plaintiffs Amelia Peters Bingham and her son, Steven, brought a Takings Clause claim against the Commonwealth of Massachusetts and the Town of Mashpee, seeking just compensation and the return of some of the lands in Massachusetts they say were granted in perpetuity to their ancestors, the South Sea Indians, in deeds from 1665 and 1667. Plaintiffs styled this claim as a class act... More...   $0 (07-30-2010 - MA)

Claudia Rizzo and Samuel Rizzo v. Gonzalo Ancira

Claudia and Samuel Rizzo bought a 20-acre piece of property in Comal County from Gonzalo Ancira. After the Comal Appraisal District assessed rollback taxes on the property, the Rizzos brought claims for violations of the Texas Deceptive Trade Practices Act (DTPA), statutory fraud under the business and commerce code, fraud by non-disclosure, negligence and gross negligence, and breach of contract... More...   $0 (07-29-2010 - TX)

Ashford Partners, Ltd. v. ECO Resources, Inc.

This is a suit for breach of a lease agreement. TA/Sugar Land-ECO, Ltd. (TASL) entered into a lease agreement with ECO Resources, Inc. (ECO), a firm that provides water and wastewater treatment services to various municipalities. TASL agreed to build a laboratory and office building to suit ECO’s needs, and ECO agreed to rent the building for twenty-five years. TASL hired Terramark as the gen... More...   $0 (07-29-2010 - TX)

Camille Gburek v. Litton Loan Servicing, L.P.

Litton Loan Servicing (“Litton”) serviced a mortgage on a home owned by Camille Gburek. When Gburek fell behind on her mortgage payments, Litton sent her a letter offering to discuss ways she could avoid losing her home in foreclosure and asking for her current financial information. A few days later, Gburek received a letter from Titanium Solutions (“Titanium”) on behalf of Litton; this l... More...   $0 (07-27-2010 - IL)

Akwa Vista, L.L.C. v. NRT, Inc. d/b/a Coldwell Banker Residential Brokerage

The defendants, NRT, Inc. d/b/a Coldwell Banker Residential Brokerage (Coldwell Banker) and Frank C. Schoenthaler, appeal the Superior Court’s (Smukler, J.) denial of their motion for judgment notwithstanding verdict (JNOV) and remittitur upon the jury verdict against them for breach of contract and negligent misrepresentation and upon the jury verdict against them for their counterclaims agains... More...   $0 (07-23-2010 - NH)

Matell, Inc. v. MGA Entertainment, Inc.

Who owns Bratz?


Barbie was the unrivaled queen of the fashion-doll market throughout the latter half of the 20th Century. But 2001 saw the introduction of Bratz, “The Girls With a Passion for Fashion!” Unlike the relatively demure Barbie, the urban, multiethnic and trendy Bratz dolls have attitude. This spunk struck a chord, and Bratz became an overnight success. Mattel, which ... More...
   $0 (07-23-2010 - CA)

Yolanda Martinez v. Juan Castaneda and Jesusa Castaneda

This appeal involves a dispute regarding the alleged sale of real property situated in La Feria, Cameron County, Texas. After a bench trial, the trial court entered a judgment in favor of appellees, Juan and Jesusa Castaneda a/k/a Jesusita Castaneda, stating that: (1) a contract existed between the parties for the purchase of the real property; (2) the Castanedas had fully performed under the con... More...   $0 (07-23-2010 - TX)

Mooring Capital Fund, L.L.C. v. Judy Knight

The commencement of a foreclosure action by Mooring Capital Fund, LLC (Capital) against borrower Phoenix Central Inc. (Phoenix) prompted Phoenix to bring tort and contract counterclaims against Capital. In addition, Phoenix’s president and sole shareholder, Judy Knight, pursued similar claims in her individual capacity against both Capital and its servicing agent, Mooring Financial Corporation (... More...   $0 (07-22-2010 - OK)

Manuel B. Cerda v. 2004-EQR1 L.L.C.

Manuel and Petra Cerda appeal from the district court’s judgment rejecting their claims that aspects of their home equity loan violated the Texas Constitution. We agree with the district court that the Cerdas have failed to show a violation of the Texas Constitution, and we affirm.


In 1993, Manuel and Petra Cerda purchased an unimproved five-acre lot in San Antoni... More...
   $0 (07-22-2010 - TX)

Dechert, L.L.P. v. Commonwealth of Pennsylvania

In this direct appeal from the Commonwealth Court, we consider whether “canned” computer software1 constitutes “tangible personal property,” such that the purchase of such software is subject to sales tax under the Tax Reform Code, 72 P.S. § 7201 et seq. (the “Code”).2 For the reasons that follow, we conclude that canned computer software is tangible personal property, and, therefore,... More...   $0 (07-21-2010 - PA)

Barbara C. Grygiel v. Monches Fish & Game Club, Inc.

We review a decision of the court of appeals[1] affirming the circuit court's decision[2] denying Barbara C. Grygiel's and Janet M. Nahorn's (collectively, Grygiel) motion for summary judgment and dismissing Grygiel's complaint.[3] Monches Fish & Game Club, Inc. (the Club) has an easement over Grygiel's property "for the purpose of ingress and egress as a means of access" to the Club's property. ... More...   $0 (07-20-2010 - WI)

Coastal Ventures v. Alsham Plaza, L.L.C.

[¶1] Alsham Plaza, LLC; Alsham Supermarket, LLC; and Basel Soukarieh (Alsham) appeal from a judgment entered in the Business and Consumer Docket (Nivison, J.) on a pleading by agreement filed pursuant to M.R. Civ. P. 8(g)1 by Alsham and Coastal Ventures, William Bush, and Jane Bush (Coastal) in which Coastal alleged a breach of contract resulting from Alsham’s purchase of a grocery store and cl... More...   $0 (07-20-2010 - ME)

Vincent Metro, L.L.C. v. Yah Realty, L.L.C.

The plaintiff, Vincent Metro, LLC, appeals1 from the judgment of the trial court, dismissing as moot its interpleader action in which it sought: (1) an order determining the rights of the defendants, YAH Realty, LLC (YAH Realty), John Fitzpatrick and Rose Fitzpatrick, to a deposit held by the plaintiff in its capacity as a real estate broker; (2) an order discharging the plaintiff from any obligat... More...   $0 (07-20-2010 - CT)

Lawrence Antonucci, M.D. v. Morris County Cardiology Consultants, P.A.

Plaintiff Lawrence Antonucci formerly practiced medicine with defendants Charles Shioleno, Domenick Randazzo and Nicholas Ricculli in a professional corporation known as Morris County Cardiology Consultants, P.A. (MCCC). MCCC is organized under "The Professional Service Corporation Act" (PSCA), N.J.S.A. 14A:17-1 to -18. Shioleno, Antonucci, Randazzo and Ricculli all held shares issued by M... More...
   $0 (07-19-2010 - NJ)

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