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Statute of Limitation Law
James Ray Davis v. State of Oregon

Plaintiff sought damages first in federal court, then in state court, because 2 the state prolonged his incarceration by improperly calculating his release date from 3 prison.1 The federal court dismissed claims under state law for lack of jurisdiction and 4 denied claims under federal law on their merits. Plaintiff then filed this action in state 5 court, renewing tort claims under state law. The... More...   $0 (11-26-2014 - OK)

Stephens & Stephens XII, LLC v. Fireman's Fund Insurance Co.

Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought ... More...   $0 (11-24-2014 - CA)

Helen Lin v. Mireya B. Coronado

Plaintiff Helen Lin (Lin) appeals from a judgment entered on an order sustaining a demurrer without leave to amend in favor of defendant Mireya B. Coronado (Coronado). In her operative first amended complaint, Lin alleges she “pooled” her $150,000 with $100,000 provided by River Forest Financial LLC (River Forest) and Elevation Investments LLC (Elevation) “in partnership for the purchase” ... More...   $0 (11-17-2014 - CA)

Andrew Veysey v. Alexis Veyse

¶1 Alexis Veysey (Mother) challenges the district court’s
adoption of the domestic commissioner’s recommendation
regarding reimbursement of daycare expenses for the parties’
children. We vacate the district court’s order and remand for
further proceedings.
¶2 The parties divorced in September 1999. Pursuant to Utah
Code section 78B-12-214, the parti... More...
   $0 (11-14-2014 - UT)

Waterford Harbor Master Association v. Michael Landolt and Ann Wismer

Appellant, Waterford Harbor Master Association (“Waterford”), appeals a final judgment rendered in a suit for declaratory relief and monetary damages filed by appellees, Michael Landolt and wife, Ann Wismer, (“the Landolts”), and on Waterford’s counterclaim for declaratory relief. We affirm in part, and reverse and render in part.
Waterford Harbor is a subdivi... More...
   $0 (11-06-2014 - TX)

Hua Xu v. David K. Lam a/k/a Ka Pun Lam a/k/a Ka P. Lam a/k/a David Lam a/k/a Kapun Lam and Jia Tian a/k/a Angela Tian

This is a dispute between a real estate investor and the two agents who managed her properties. Hua Xu (the “Investor”) sued David K. Lam and Jia Tian (collectively, the “Agents”), seeking damages for breach of contract, fraud, and breach of a fiduciary duty. After a trial by jury, the Agents moved for a directed verdict, which the trial court granted on the basis of limitations.
... More...
   $0 (11-06-2014 - TX)

William E. Bolden v. John and Jane Doe

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti... More...   $0 (11-04-2014 - UT)

Samuel J. Zylstra v. State of Idaho and Boise State University

This is an action for recovery of damages against the State of Idaho. The district court dismissed the action on motion of the State for summary judgment. We affirm.
This case was brought under the Idaho Tort Claims Act asserting negligence by a public university in allowing a student-athlete to return to competition after sustaining a head injury. Plaintiff, Samuel Z... More...
   $0 (10-29-2014 - ID)

Robin Forbes v. Lisa Berlow Lehner and Law Offices of Lisa Lehner, P.A.

Robin Forbes, as the successor trustee of two trusts, appeals the dismissal of
his complaint in a “clawback” action against an attorney who represented the
former trustees. The complaint alleges the former trustees used trust assets to pay
the attorney contrary to a court order. The complaint was filed more than four
years after the alleged payments were made. The trial court d... More...
   $0 (10-29-2014 - FL)

Doug Crownover and Karen Crownover v. Mid-Continent Casualty Company

Doug and Karen Crownover contracted with Arrow Development, Inc. (“Arrow”) to construct a house for them. Arrow performed defective work and then failed promptly to correct the work. The Crownovers spent a significant amount of money paying to correct the work themselves. An arbitrator found Arrow liable to the Crownovers for breaching its express warranty to repair non-conforming work and awa... More...   $0 (10-29-2014 - TX)

Jeffery Russell Finlayson v. State of Utah

¶1 Jeffery Russell Finlayson appeals the district court’s order
dismissing his petition for post-conviction relief for failure to
prosecute. We affirm.
1. This Amended Opinion replaces the Opinion issued October 23,
2. On August 21, 2014, Landon A. Allred withdrew as counsel, at
Finlayson’s request.
3. The Honorable Russell W. Bench, Senior Judge, sat by spec... More...
   $0 (10-23-2014 - UT)

Ronald E. Griffin v. Richard H. Cutler

¶ 1 Ronald E. Griffin, an attorney, sued his former clients, Richard H. Cutler and Sandra S. Cutler, for nonpayment of legal
1. The Cutlers filed no brief on appeal.
2. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud. Admin. R. 11-201(6).
Griffin v. Cutler
20120351-CA 2 2014 UT App 251
fees. The trial co... More...
   $0 (10-23-2014 - UT)

MCT Energy, Ltd. v. Kevin Collins, Executor and Beneficiary of the Estate of Linda Lou Collins

We are asked to resolve a dispute regarding whether Kevin Collins, as the executor and beneficiary of the estate of Linda Lou Collins, (Collins) owns a 1.974% working interest in two particular oil and gas leases. Collins commenced an action against MCT Energy, Ltd. (MCT), seeking a declaratory judgment pronouncing that he owned such an interest. So too did he allege causes of action sounding in f... More...   $0 (10-21-2014 - TX)

Glen Murphy v. Adolfo C. Dulay

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical Case: 13-14637 Date Filed: 10/10/2014 Page: 1 of 36
negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065—that the plaintiff execute a written authoriz... More...
   $0 (10-10-2014 - FL)

Paola A. Alvarado-Fernandez v. Matthew Mazoff

Appellee Matthew Mazoff (“Plaintiff”) filed suit against appellant Paola Alvarado-Fernandez (“Defendant”), a Colombian citizen, for personal injuries sustained when Plaintiff’s car was struck by a vehicle driven by Defendant and rented from Alamo.1 Defendant moved to dismiss the case, alleging that (1) Plaintiff failed to strictly comply with two treaties in effect between Colombia and t... More...   $0 (10-08-2014 - FL)

Jimmy H. Campbell and Janice K. Campbell v. Concept Builders, Inc.

Tulsa, OK - Jimmy H. Campbell and Janice K. Campbell sued Concept Builders, Inc. on breach of contract theories.

On or about March 17, 2007, Plaintiffs and Concept executed a Contract oT.a1e of Real Estate (“Contract”) for the purchase of a residence located at 1410 N. Old Noah Piace, Sand Springs, OK (“Property”). See Ex. “A”, Contract.
2. Tinder the Contract, Concept was... More...
   $0 (10-03-2014 - OK)

Wayne Earl Larson v. UHS of Rancho Springs, Inc.

In this appeal, we must decide whether a plaintiff’s claims for battery and intentional infliction of emotional distress are based on a health care provider’s professional negligence and therefore subject to the one-year limitations period set forth in Code of Civil Procedure section 340.5.1 Plaintiff and appellant Wayne Earl Larson alleges defendant and respondent Richard Shuman, M.D., served... More...   $0 (10-02-2014 - CA)

M.M. v. Lafayette School District

In this appeal we consider, among other matters, whether
a school district’s failure to provide educational testing data
to parents violated the procedural requirements of the
Individuals with Disabilities Education Act, 20 U.S.C.
§§ 1400–1487 (“IDEA” or “Act”). We conclude that it did.
We also conclude that the failure to provide the data
prevented the parent... More...
   $0 (10-02-2014 - CA)

Hanh Nguyen v. Western Digital Corporation

In this case, we determine which statute of limitations applies to an action alleging pre-birth injuries due to exposure to hazardous materials or toxic substances that occurred more than 20 years ago. Plaintiff Hanh Nguyen (sometimes Plaintiff) contends that such claims are subject to the two-year limitations period in Code of Civil Procedure section 340.8 for actions “for injury or illness bas... More...   $0 (09-25-2014 - CA)

Letosha Gale, M.D. v. Hector Lucio

We granted the petition of appellants, Letosha Gale, M.D. and Zoe Life Wellness Center, P.A. (collectively, “Dr. Gale”), to file a permissive appeal pursuant to Texas Rule of Appellate Procedure 28.3 on the issue of whether
appellee, Hector Lucio, as the representative of his wife Maria’s estate, can invoke the open courts provision of the Texas Constitution to toll the statute of ... More...
   $0 (09-25-2014 - OK)

James Owens v. Baltimore City State's Attorneys Office

James Owens brought this action under 42 U.S.C. § 1983 against the Baltimore City State’s Attorney’s Office, an assistant State’s Attorney, the Baltimore City Police Department, and several Baltimore City police officers. In his complaint, Owens alleges that the defendants violated his constitutional rights by intentionally withholding exculpatory evidence during his 1988 trial for the rape... More...   $0 (09-24-2014 - MD)

Robert K. Cook, II v. Tanya A. Bowen

¶1 Plaintiff/Appellant, Robert K. Cook, II (Cook), seeks review of the trial court's order dismissing his action against Defendant/Appellee, Tanya A. Bowen (Bowen), for an accounting, unjust enrichment and breach of fiduciary duty. Cook also appeals from the trial court's denial of his motion for a temporary injunction. Cook and Bowen are also parties to a dissolution of common law marriage proce... More...   $0 (09-23-2014 - OK)

Chitra Kohli v. Oklahoma State Bureau of Investigation

¶1 Respondent/Appellant Oklahoma State Bureau of Investigation (OSBI) seeks review of the trial court's order granting the petition to seal and expunge records of Petitioner/Appellee Chitra Kohli (Petitioner or Defendant). In this appeal, OSBI asserts the Petitioner did not prove entitlement to the expungement under 22 O.S. §§18 and 19.

¶2 On or about October 17, 2012, a trooper of th... More...
   $0 (09-23-2014 - OK)

William R. and Susan M. Knoderer v. State Farm Lloyds, Penni Perkins and Tom Roberts

In this case, both sides—William R. Knoderer and wife, Susan M. Knoderer, as plaintiffs (collectively, the Knoderers), and State Farm Lloyds, Penni Perkins, and Tom Roberts, as defendants (collectively, State Farm)—have gone to remarkable lengths in fighting an insurance dispute over a house flooded by a leak in its plumbing system. The record reveals voluminous discovery, the substantial use ... More...   $0 (09-19-2014 - OK)

Carolyn Bayless v. United States of America

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating
illness. As her condition deteriorated over the years that followed, she doggedly sought
to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she
was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a
claim under the Federal Tort Claims... More...
   $0 (09-12-2014 - UT)

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