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Statute of Limitation Law
 
Victor Colon v. Autozone Northeast, Inc.

The plaintiff, Victor Colon, appeals from the summary judgment rendered by the trial court in a negligence and premises liability action in favor of the defendant AutoZone Northeast, Inc. (AutoZone).1

On appeal, the plaintiff claims the trial court improperly rendered summary judgment in favor of the defendant because material questions of fact existed as to whether: (1) the defendant had c... More...
   $0 (02-24-2014 - CT)

R.S. Silver Enterprises, Inc. v. Henry Pascarella

In this breach of contract action, the defendants, Henry Pascarella and Riversedge Partners,1 appeal from the judgment rendered by the trial court, Hon. Alfred J. Jennings, Jr., judge trial referee, following a court trial, in favor of the plaintiff, R.S. Silver Enterprises, Inc. On appeal, the defendants claim, inter alia, that the trial court, Downey, J., erred in striking certain of their speci... More...   $0 (02-24-2014 - CT)

Powder Run at Deer Valley Owner Association v. Black Diamond Lodge at Deer Valley Association of Unit Owners and Park City Municipal Corporation

¶1 This case involves a challenge to the dedication of an
easement as a public street in Park City. The easement crosses
Powder Run v. Black Diamond
2. In reviewing the district court’s grant of summary judgment, we
view the facts and all reasonable inferences drawn therefrom in the
light most favorable to Powder Run, the nonmoving party. Orvis
v. Johnson, 2008 UT 2, ¶ ... More...
   $0 (02-21-2014 - UT)

Edward M. Seamans v. Temple University

In this case we consider for the first time the interplay between the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681–1681x, and the Higher Education Act of 1965 (“HEA”), 20 U.S.C. §§ 1001–1155, with respect to the responsibilities of an institution of higher education that furnishes information on student loan indebtedness to a consumer reporting agency (“CRA”). Edward M... More...   $0 (02-21-2014 - PA)

Phyllis M. Nation v. Dandy Homes, Inc.

COMES NOW the Plaintiff, Phyllis M. Nation, by and through her counsel, Terry L. Pierce and Candee Wilson, and for her cause of action against the Defendants, alleges and state as follows:
Background

1. 72 year old Phyllis M. Nation (Mrs. Nation) currently resides in Stonewall Oklahoma and has resided there for the last four (4) years.

2. Dandy Homes, Inc. (Dandy) is an Oklah... More...
   $1 (02-20-2014 - OK)

John Wilkerson v. Government Employees Insurance Company, et al.

1. On or about December 30, 2007, the Plaintiff was involved in a motor vehicle accident proximately caused by the negligence of an uninsured motorist. As a result of the accident Plaintiff incurred medical expenses, will incur future medical expenses, has suffered in the past and will suffer in the future excmciating mental and physical pain and suffering, and has suffered injuries which are perm... More...   $0 (02-20-2014 - OK)

M.R.; J.R., Parents of Minor Child E.R.

The ―stay-put‖ provision of the Individuals with Disabilities Education Act (―IDEA‖) states that a disabled child shall remain in his or her current educational setting

3

during the pendency of proceedings to resolve a dispute over the child‘s placement. See 20 U.S.C. § 1415(j). This case requires us to decide two issues of first impression in this Circuit concerning the o... More...
   $0 (02-20-2014 - PA)

Brendan Maher v. County of Alameda

Surgeons implanted a biliary stent in plaintiff Brendan Maher during emergency abdominal surgery in 1996. Maher alleges he was unaware of the stent’s placement until it was discovered and removed in August 2010 after he sought treatment for abdominal pain. In April 2011, Maher sued the health care providers who treated him in 1996 and 1997 for professional negligence in not timely removing the s... More...   $0 (02-18-2014 - CA)

Yazan Musleh v. State Farm Fire & Casualty Co.

Yazan and Huda Musleh appeal the district court’s grant of summary judgment to State Farm and denial of their motion for reconsideration and for leave to amend their complaint. We AFFIRM.

I.

This case is before this court for the second time. The Muslehs filed their first breach of contract action in March 2010, seeking to recover under their homeowners insurance policy for damages... More...
   $0 (02-18-2014 - MI)

State of New Jersey v. Joseph Diorio

In 1999, Joseph Diorio and two others conceived and executed a “bust-out” financial scheme by creating a business for the purpose of defrauding creditors. In a bust-out scheme, a company is formed and establishes a credit line presenting itself to the business community as a reputable company. Initially, it places small orders with suppliers. As it establishes a favorable payment history, the ... More...   $0 (02-18-2014 - NJ)

J.J. v. County of San Diego

Plaintiff and appellant J.J., appearing through her guardian ad litem, Ja.J., appeals from an order denying her petition brought under Government Code1 section 946.6 (petition) for relief from the requirement in section 945.4 that she timely file a written

1 Unless otherwise noted, all statutory references are to the Government Code.

2

claim against the County of San Diego (Co... More...
   $0 (02-14-2014 - CA)

James Giles v. Mineral Resources International, Inc.

¶1 Mineral Resources International, Inc. (MRI) appeals the trial
court’s grant of summary judgment and award of attorney fees in
favor of James Giles. We remand the summary judgment ruling for
clarification by the trial court. We vacate the trial court’s award of
attorney fees and remand for further proceedings on that issue
consistent with this decision.
I. Summary Ju... More...
   $0 (02-13-2014 - UT)

Jodi Kranendonk v. Gregory & Swapp, PLLC

¶1 This legal malpractice claim involves a case within a case.
Jodi Kranendonk was injured in an Oregon traffic accident. She
retained Gregory & Swapp, PLLC and Erik Highberg (the
Attorneys) to bring a negligence action against two truck drivers
Kranendonk v. Gregory & Swapp, PLLC
2. When reviewing a district court’s rulings on a summary
judgment motion, we recite all fa... More...
   $0 (02-13-2014 - UT)

Everett A. Belanger v. R.J. Reynolds Tobacco Company

In 2007, Everett Belanger (“Belanger”), a longtime smoker with Chronic Obstructive Pulmonary Disease (“COPD”), filed a post-Engle1 lawsuit against R.J. Reynolds Tobacco Co. (“R.J. Reynolds”). Based on the record evidence, the trial court entered final summary judgment in favor of R.J. Reynolds, finding Belanger’s alleged cause of action was barred by the four-year statute of limitati... More...   $0 (02-12-2014 - FL)

Wilfrido Cuevas v. Barnardino Barraza

This is an appeal out of Canyon County from the grant of a summary judgment dismissing a claim seeking to enforce a vendee’s lien in real property. Because the appellant only addressed on appeal one of two possible grounds upon which the district court granted summary judgment, we affirm the judgment of the district court.
2
I.
Factual Background.
Juan Cuevas and Yrene Baez were ... More...
   $0 (02-11-2014 - ID)

Carl E. Woodward, LLC v. Acceptance Indemnity Insurance Company

This appeal presents the final set of issues arising from claims of negligent construction of a condominium project in south Mississippi. The remaining parties are a contractor and two insurers. The district court held that a subcontractor’s Commercial General Liability (“CGL”) insurer breached its duty to defend the general contractor. Disputed on appeal are the district court’s holding t... More...   $0 (02-11-2014 - MS)

Rhonda Parrott v. Severs Trucking, LLC and Brandon G. Black

Rhonda Parrott (“Plaintiff”) filed a wrongful death action against Brandon Black and Severs Trucking, LLC (“Severs”), (collectively “Defendants”) for the death of her husband James Parrott (“James”).1 Defendants appeal the trial court’s judgment entered on a jury verdict in favor of Plaintiff. Defendants raise seven points of alleged trial court error. Defendants’ first point... More...   $0 (02-10-2014 - MO)

Ronald Ayers v. Board of Regents University of Texas System

Appellant Ronald Ayers filed this wrongful termination suit against his former employer—the University of Texas at San Antonio ("UTSA")—and various UTSA administrators. Following a series of pre-trial motions, the district court entered final judgment in favor of Appellees. Appellant challenges the dismissal of his First Amendment, substantive due process, and procedural due process claims. Fo... More...   $0 (02-10-2014 - TX)

In re Roman Catholic Diocese of Albany, New York, Inc.

Michael Shovah filed suit in the United States District Court for the District of Vermont against the Diocese and its former priest, Gary Mercure, alleging that Mercure transported Shovah (when he was a minor sometime in the late 1980s2) from New York to Vermont for the purpose of sexually abusing him, and did sexually abuse him. Shovah asserted only general (not specific) jurisdiction over the Di... More...   $0 (02-08-2014 - VT)

Luis Jesus Guzman v. Dale Piercy v. Canyon County

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe... More...   $0 (02-07-2014 - ID)

Linda L. Sleeth v. Sedan City Hospital and Davis Short

In this wrongful death case against a municipal hospital and its employee, we must resolve widely conflicting opinions by the lower courts regarding whether written notice of the claim was given to the hospital as required before suit was filed. See K.S.A. 2012 Supp. 12-105b(d). The district court dismissed the lawsuit for lack of jurisdiction based on its determination that plaintiffs failed to c... More...   $0 (02-07-2014 - KS)

Luis Jesus Guzman v. Dale Piercy

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe... More...   $0 (02-07-2014 - ID)

Jeffrey Pomerantz v. Palm Beach County Sheriff's Office & USIS

In this Workers’ Compensation case, the Claimant challenges an order of the Judge of Compensation Claims finding his petition for benefits barred by the running of the statutory limitations period under section 440.19, Florida Statutes (2008). Finding no merit in the Claimant’s argument that the Employer/Carrier was estopped from raising the statute of limitations, we affirm this issue without... More...   $0 (02-07-2014 - FL)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT)
condemned property belonging to Walker Development
Partnership. After nearly twenty years of litigation between UDOT
and Walker, UDOT moved to exclude evidence that it took
property not identified in the 1992 Condemnation Resolution. The
district court granted UDOT’s motion to exclude. We affirm.
UDOT v. Walker Dev... More...
   $0 (02-06-2014 - UT)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT) condemned property belonging to Walker Development Partnership. After nearly twenty years of litigation between UDOT and Walker, UDOT moved to exclude evidence that it took property not identified in the 1992 Condemnation Resolution. The district court granted UDOT’s motion to exclude. We affirm.

UDOT v. Walker Development

2... More...
   $0 (02-06-2014 - UT)

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