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Tortious Interference Law
Regional Urology, LLC v. David T. Price, M.D.

Regional Urology, L.L.C., Regional Urology Ambulatory Surgery Center, L.L.C., Regional Urology Property Group, L.L.C., Regional Urology Oncology and Radiation Treatment Center, L.L.C., and Regional Urology Oncology and Radiation Group, L.L.C., (collectively the “Regional Urology entities”) appeal the trial court’s order denying their special appearance in a suit filed by David T. Price, M.D... More...   $0 (02-26-2010 - TX)

Garry Wilhite v. Glazier's Wholesale Drug Company

Appellant Garry Wilhite appeals from the trial court's order granting summary judgment in favor of appellee Glazer's Wholesale Drug Company, Inc./Glazer Family of Companies (“Glazer”) and dismissing Wilhite's claims against Glazer. We affirm the trial court's judgment. Background

Wilhite was employed by Freixenet, U.S.A., Inc., a company that supplies certain alcohol products to... More...
   $0 (02-26-2010 - TX)

Barbara A. Bates v. St. Lucie County Sheriff's Office

Immunity from civil liability created by an absolute privilege and its application in a defamation action against the Sheriff of St. Lucie County give rise to this appeal. The plaintiff appeals an order setting aside a jury verdict in her favor and entering a directed verdict for the Sheriff and the consequent final judgment. The plaintiff argues that the trial court erred in setting aside the jur... More...   $0 (02-24-2010 - FL)

Dixon Financial Services v. James Chang

In one issue, appellants, Dixon Financial Services, Ltd. (“Dixon Financial”) and Hyperdynamics Corporation (“Hyperdynamics”), contend that the trial court erred by granting summary judgment in favor of appellees, James Chang, Nick H. Johnson, Riley L. Burnett, Jr., and Johnson, Burnett & Chang, L.L.P.

We affirm.

Background Footnote

In September 1999... More...
   $0 (02-18-2010 - TX)

Havensure, L.L.C. v. Prudential Insurance Company of America

Havensure, L.L.C. (Havensure), an insurance broker, sued Prudential Insurance Company of America (Prudential), an insurer, for tortious interference with Havensure’s business relationship with York International Corp. (York).

Havensure claimed that Prudential offered York a better rate quote through Havensure’s competitor than relationship with York International Corp. (York). The part... More...
   $0 (02-12-2010 - OH)

H. Scott Dalley v. Dykema Gossett, P.L.L.C., et al.

In this action alleging several intentional torts, plaintiff H. Scott Dalley appeals as of right a circuit court order granting defendants summary disposition pursuant to MCR 2.116(C)(8). We affirm in part, reverse in part, and remand for further proceedings.

I. Facts and Underlying Proceedings

A. The Federal Case

This case finds its genesis in a dispute between an insur... More...
   $0 (02-11-2010 - MI)

Pagosa Oil and Gas, L.L.C. and Sombrero Oil and Gas Company, L.L.C. v. Marrs and Smith Partnership and Rickey Smith

Pagosa Oil and Gas and Sombrero Oil and Gas Company appeal a summary judgment in favor of Marrs and Smith Partnership and Rickey Smith. We find that Pagosa Oil and Gas lacks standing to sue and we dismiss its claim for lack of subject-matter jurisdiction. The remaining summary judgment is reversed and the cause remanded.

This case marks the third chapter of litigation involving ... More...
   $0 (02-10-2010 - TX)

Katharine Richardson v. Friendly Ice Cream Corporation

Appellant Katharine Richardson alleges that her former employer, appellee Friendly Ice Cream Corporation ("Friendly's"), discriminated against her in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12213, and the Maine Human Rights Act ("MHRA"), 5 Me. Rev. Stat. §§ 4551-4634, by failing to accommodate her disability and by terminating her employment because of that... More...   $0 (02-05-2010 - ME)

Goodman Oil Company v. Scotty's Duro-Bilt Generator, Inc.

On August 2, 1995, one of the Respondents, Bart McKnight, on behalf of Scotty‟s Duro-Built Generator, Inc., entered into a Property Owner Street Vacation Agreement (Vacation Agreement) with Appellant, Goodman Oil Company, and two other parties. In the Vacation Agreement, the parties consented to the vacation of a portion of First Avenue South by the City of Nampa, Idaho. The Vacation Agreement a... More...   $0 (02-03-2010 - ID)

Reewen C. D'Souza-Kamath v. Cloud County Health Center, Inc.

In this diversity action based on Kansas law, Reewen C. D’Souza-Kamath, M.D., appeals the district court’s grant of summary judgment to his former employer, Cloud County Health Center, Inc. (CCHC). The parties are familiar with the facts and procedural history of this case, the district court detailed both, D’Souza-Klamath v. Cloud County Health Center, Inc., No. 07-4031-KGS, 2009 WL 902377,... More...   $0 (02-02-2010 - KS)

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 - )

Wilman Pinto and Alvaro Vaaquez v. Spectrum Chemicals

Parties to a lawsuit, generally, are free to negotiate the terms of a settlement in the way they see fit. The plaintiff, typically, will discount the maximum value of the case by factoring the probability of an unfavorable verdict and a low damages award. The defendant likely will accept a financial settlement that is worth the risk of averting an unfavorable judgment, a high monetary awar... More...
   $0 (01-21-2010 - NJ)

Lena Jo Barber v. Dorothea Cangelosi, as Independent Executrix of the Estate of Anna Lee Cangelosi, Deceased

Anna Lee Cangelosi executed her final will in 2004 at age 82, naming her daughter, Dorothea Cangelosi, as executrix and sole beneficiary of her estate. With respect to Anna Lee’s two remaining children, the 2004 will declares: “For reasons that seem fair to me I have specifically made no provision for distribution to my son, John Charles Cangelosi, Jr., and my daughter, Lena Jo Barber, both... More...   $0 (01-15-2010 - 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)

Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc.

Consumeraffairs.com, Incorporated ("Consumeraffairs. com") operates a website that allows consumers to comment on the quality of businesses, goods, and services. The present suit concerns various posts on this website relating to automobiles sold or serviced by Nemet Chevrolet, Ltd. ("Nemet").

Viewing certain of these postings as false and harmful to its reputation, Nemet brought suit aga... More...
   $0 (12-29-2009 - VA)

Minto Grain, L.L.C. v. Mark L. Tibert

[¶1] Mark Tibert, Melvin Tibert, Suzi Tibert, and William "Bill" Tibert ("Tiberts") appealed from a district court judgment entered after a jury verdict in favor of Minto Grain, LLC, William Slominski, and Katherine Slominski (collectively "Minto Grain") and against Tiberts jointly and severally in the amount of $455,000. Judgment against William "Bill" Tibert was limited to $305,000. We conclude... More...   $0 (12-17-2009 - ND)

CMACO Automotive Systems, Inc. dba CMA Forging Co. v. Wanxiang America Corporation

In this diversity action brought in the Eastern District of Michigan, plaintiff CMACO Automotive Systems, Inc. (“CMA”), a California corporation that supplies parts to automobile manufacturers, alleges that defendant Wanxiang America Corporation (“WAC”), a Kentucky corporation with its principal place of business in Illinois, breached an exclusive partnership agreement to manufacture autom... More...   $0 (12-10-2009 - MI)

David Hoffman v. Smithwoods RV Park, L.L.C.

This appeal follows a judgment of dismissal, entered after the trial court sustained the defendant‟s demurrer without leave to amend. At issue is whether the defendant engaged in actionable conduct when it refused to permit the installation of a new mobile home in its mobile home park, to replace an older one that the plaintiff had inherited. As alleged in the complaint, the defendant‟s refusa... More...   $0 (11-19-2009 - C)

Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Property Owners Association, Inc.

Palm Beach Polo Holdings, Inc. timely appeals a final money judgment entered in favor of Equestrian Club Estates Property Owners Association, Inc. awarding attorney’s fees pursuant to a proposal for settlement. This

Court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).

Appellee, Equestrian Club Estates Property Owners Association, Inc. (Association) owns a private road which ... More...
   $0 (11-18-2009 - FL)

Epix Holdings Corporation v. Marsh & McClennan Companies, Inc.

This appeal presents issues concerning whether a non-signatory may enforce an arbitration clause in a contract signed by its subsidiary corporation, the scope of that arbitration agreement, and whether, even if included therein, the Legislature nevertheless intended statutory antitrust claims to be non-arbitrable. Defendants National Union Fire Insurance Company of Pittsburg, PA (National ... More...
   $0 (11-17-2009 - NJ)

Chauncey M. Depree, Jr. v. Martha Saunders, et al.

Dr. DePree, a tenured professor, sued the University of Southern Mississippi’s president and various administrators and faculty members (“Appellees”) after he was removed from teaching duties in August 2007 and evicted from his office in the College of Business. The district court granted summary judgment in favor of the Appellees and denied DePree’s motion for temporary and permanent inju... More...   $0 (11-12-2009 - MS)

AAA Valley Gravel, Inc. v. Alicia Totaro and Herman Ramirez

A property owner leased gravel mining rights to a lessee. The lessee in turn leased its rights to a sublessee. The sublessee assumed the lessee’s duty to pay royalties to the property owner and agreed to pay overriding royalties to the lessee. The lessee later assigned the overriding royalties to an assignee. After more than a decade of operating under these arrangements, the sublessee purchased... More...   $0 (10-30-2009 - AK)

Pamela L. Myers v. State of Washington, Department of Social & Health Services

This appeal follows the summary dismissal of an action for

wrongful termination of a contract for an in-home caregiver by the Department of Social

and Health Services (DSHS). DSHS terminated the contract after an investigator

concluded that the caregiver was guilty of neglect. Later appeals tribunals reversed the

finding of neglect. But the contract also a... More...
   $0 (10-23-2009 - WA)

George Milam Hall v. Douglas P. Witteman

George Milam Hall submitted to a local newspaper, the Coffey County Republican (“The Republican”), an advertisement opposing the election bid of Judge Phillip M. Fromme. He paid to have the ad run on two occasions. The paper ran the ad the first time but not the second, instead running an ad supporting Judge Fromme, which was paid for and signed by a number of attorneys, including Coffey Count... More...   $0 (10-19-2009 - KS)

Jerri Blount v. Joseph Stroud, and Jovon Broadcasting, WJYS-TV 62/34

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)

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