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Tortious Interference Law
Station #2, LLC v. Michael Lynch, et al.

In this appeal, we consider whether an oral agreement to allow Station #2, LLC (“Station #2”) to install soundproofing material in a void space between the ceiling of premises leased by it and the floor of premises owned by another was made unenforceable by the statute of frauds. We also consider claims of fraudulent inducement to contract and statutory conspiracy.

   $0 (06-10-2010 - VA)

Adnan Syed, et al. v. ZH Technologies, Inc., et al.

ZH Technologies, Inc. (“ZH Tech”) and Abulala K. Naser (“Naser”) filed a complaint against Adnan Syed (“Syed”), Sheriza Ousman (“Ousman”), and Zerowire Technologies, Inc. (“Zerowire”),1 in which ZH Tech and Naser alleged six causes of action: (1) breach of fiduciary duty, (2) conversion, (3) unjust enrichment, (4) fraud, (5) violation of the Virginia business conspiracy statute... More...   $0 (06-10-2010 - VA)

James Munn v. Michael D. Briggs, et al.

This appeal follows the successful demurrer of Carlyn Munn Briggs (Carlyn) and Michael D. Briggs (Michael) to the petition of Carlyn's brother James Munn (James) for relief from interference with an inheritance expectancy, a tort that has never been recognized in California. James alleges his sister and brother-in-law interfered with his expected inheritance by unduly influencing their mother Jane... More...   $0 (06-10-2010 - CA)

James MacIvor and Phoenix Air Transport, Inc. v. Zuehl Airport Flying Community Owners Association

Appellants James MacIvor and Phoenix Air Transport, Inc., (hereinafter, “MacIvor”), seek reversal of the trial court’s order refusing to compel arbitration. In opposing arbitration, appellee Zuehl Airport Flying Community Owners Association argued the parties’ arbitration agreement was unenforceable because it was part of a mediated settlement agreement incorporated into an agreed final ju... More...   $0 (06-09-2010 - TX)

James MacIvor and Phoenix Air Transport, Inc. v. Zuehl Airport Flying Community Owners Association

Appellants James MacIvor and Phoenix Air Transport, Inc., (hereinafter, “MacIvor”), seek reversal of the trial court’s order refusing to compel arbitration. In opposing arbitration, appellee Zuehl Airport Flying Community Owners Association argued the parties’ arbitration agreement was unenforceable because it was part of a mediated settlement agreement incorporated into an agreed final ju... More...   $0 (06-09-2010 - TX)

Robert McBride v. Market Street Mortgage

Robert McBride entered into a three-year Employment Agreement with Market Street Mortgage Company (Market Street) in which it agreed to pay him $230,000 in Annual Base Salary. Approximately seven months into the Agreement, Market Street sent McBride a letter informing him his salary was being reduced to $85,000. Believing he had suffered a “reduction by the Company in [his] Annual Base Salary”... More...   $0 (06-02-2010 - WY)

Minnesota Deli Provisions v. Boar's Head Provisions

This case for damages, arising out of the termination of a business relationship, involves charges of breach of contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, and tortious interference with business relations. The district court2 entered summary judgment for the defendants, Boar’s Head Provisions Co., Inc. (“Boar’s Head”) and Frank Brunckhorst... More...   $0 (05-27-2010 - MN)

Carl J. Mayer v. Bill Belichick; The New England Patriots; National Football League

Plaintiff Carl J. Mayer appeals from the order of the United States District Court for the District of New Jersey granting the respective motions to dismiss filed by Defendants Bill Belichick and the New England Patriots (“Patriots”) as well as by Defendant National Football League (“NFL”). We will affirm.


This highly unusual case was filed by a disappointed football fan a... More...
   $0 (05-27-2010 - NJ)

UOP, L.L.C. v. Shanda Kozak

By motion to dismiss and motion for summary judgment, Universal Oil Products, L.L.C. ("UOP") moved against all claims asserted by Shanda Kozak, individually and as personal representative of the heirs and estate of Walter Scifres, deceased, and Keith Scifres ("the Kozak Plaintiffs") on the basis that the Kozak Plaintiffs had failed to obtain a certificate of merit (dismissal motion) and on the cla... More...   $0 (05-20-2010 - TX)

Silver Lion, Inc. v. Dolphin Street, Inc. and R. Kent Larsen

Appellant, Silver Lion, Inc. and appellees, Dolphin Street, Inc. and R. Kent Larsen, have filed motions for rehearing of our May 21, 2009 memorandum opinion and judgment. We deny those motions. We do, however, withdraw our May 21, 2009 memorandum opinion and judgment and issue this memorandum and judgment in their stead.

We affirm the trial court’s judgment in part, holding t... More...
   $0 (05-20-2010 - TX)

Stephen Harris v. Bradley Memorial Hospital and Health Center, Inc.

This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur... More...   $0 (05-18-2010 - CT)

H&R Block Eastern Enterprises, Inc. v. Vicki D. Morris

This case arises from an employment agreement entered into between Vicki D. Morris, a tax professional, and H&R Block Eastern Enterprises, Inc. (Block), her former employer. The employment agreement included a non-competition covenant and a non-solicitation covenant. After Block informed her she was ineligible for rehire, Morris started Dreams Tax Service, Inc. (Dreams) and personally prepared ret... More...   $0 (05-17-2010 - GA)

Bruce Hills v. United Parcel Service, Inc., et al.

¶1 In this appeal we consider for the first time whether Utah should recognize a cause of action for third-party spoliation of evidence. Bruce and Judith Hills sued United Parcel Service, Inc. (“UPS”) and Liberty Mutual Fire Insurance Co. for destroying evidence related to the death of their son, Mark Hills. Mark Hills’ death is the subject of a wrongful-death suit against Skyline Electric ... More...   $0 (05-14-2010 - UT)

Brian Bates, Individually, and Arizona International Credential Evaluators, LLC v. Global Credential Evaluators, Inc.

At a conference in San Antonio, Texas, Jean Ringer, principal operating officer for Global Credential Evaluators, Inc. (“GCE”), approached Brian Bates about performing credentialing work for GCE. Ringer operated the GCE office in College Station, Texas. GCE owner Marilyn Hesser was located in Virginia where GCE was incorporated and headquartered. Shortly after Bates signed an agreement with... More...   $0 (05-05-2010 - TX)

La Quinta Corporation; Baymont Franchising, LLC v. Heartland Properties, LLC; David W. Adams; Betty L. Adams

In this action alleging breach of a hotel franchise agreement and federal trademark infringement, defendants Heartland Properties LLC, David W. Adams, and Betty L. Adams appeal the district court’s denial of discovery-related motions, grant of summary judgment in favor of plaintiffs La Quinta Corporation and Baymont Franchising LLC, and the award of liquidated and treble damages to Baymont. We a... More...   $0 (04-28-2010 - KY)

Timothy Thibodeau v. American Baptist Churches of Connecticut, et al.

The first amendment to the constitution of the United States and article first, § 3, of the constitution of Connecticut prohibit the state’s involvement in the internal doctrinal matters of religious organizations.

The first amendment, however, does not necessarily confer to religious organizations immunity from liability arising from tortious conduct.1 Though courts may not intervene in... More...
   $0 (04-26-2010 - CT)

Kyle Edwards v. Prime, Inc. d/b/a Ruth's Chris Steak House

Ruth’s Hospitality Group, the parent company of Ruth’s Chris Steak House, is proud of its origins. The company boasts that forty-five years after its founder, Ruth Fertel, mortgaged her home to purchase her first restaurant, it has grown into a chain of more than 120 steakhouse restaurants in seven countries. Though it has become an international operation, the company insists that “our succ... More...   $0 (04-09-2010 - AL)

William K. Summers, M.D. v. Arden Health Services, L.L.C.

{1} Plaintiff William K. Summers, M.D. (Dr. Summers) brought suit for damages against Defendants Ardent Health Services, L.L.C. and Lovelace Health System, Inc. (Defendants) after his medical privileges were suspended. Relying on a specific section of the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. § 11112 (1986), Defendants requested summary judgment arguing they were immune b... More...   $0 (04-09-2010 - NM)

Astoria Industries of Iowa, Inc. v. Brand FX Body Company

In six issues, appellant Astoria Industries of Iowa, Inc. (Astoria) complains of the trial court=s judgment awarding appellee Brand FX Body Company (Brand FX) damages in the amount of $705,000 for trade dress infringement and common law misappropriation, $682,200 for false advertising, and $400,000 in attorney=s fees on appellee=s trade dress infringement and false advertising claims, in addition ... More...   $0 (04-08-2010 - TX)

John F. Tamburo v. Steven Dworkin

John Tamburo, an Illinois resident who operates a dog-breeding software business in Illinois, filed suit in the Northern District of Illinois alleging federal and state antitrust violations and several inten2 tional tort claims under Illinois law. His claims arise out of a dispute over the contents of a dog-pedigree software program he developed by lifting data from the defendants’ websites. He ... More...   $0 (04-08-2010 - IL)

Stewart Pierce, et al. v. CRB Partners, LLC

In this accelerated interlocutory appeal, appellants, Stewart Pierce, Vivian Finch, Gene Voorhies, Donald Eudaly, and Margaret Fabian, complain about a trial court order granting a temporary injunction filed by appellee, CRB Partners, LLC. By one issue, appellants argue that the trial court abused its discretion in granting a temporary injunction in favor of appellee because: (1) appellee failed t... More...   $0 (04-01-2010 - TX)

Melanie Briner, et al. v. City of Ontario, et al.

The plaintiffs appeal the grant of summary judgment to the defendants in this action for retaliation and related claims arising from the removal of their business from a municipal towing list. For the reasons that follow, we AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion.


This case arises out of a series of disputes between... More...
   $0 (03-26-2010 - OH)

Carl T. Wibbenmeyer v. TechTerra Communications, Inc.

Appellant Carl T. Wibbenmeyer appeals a district court judgment that awarded appellees TechTerra Communications, Inc.; Christian Behier; and Adella Almazan-Seabolt attorney's fees but no other relief. Wibbenmeyer argues that there is no statutory or contractual basis for awarding attorney's fees and that, if there was, the amount awarded was an abuse of discretion. We agree that there was no stat... More...   $0 (03-26-2010 - TX)

Wahlcometroflex, Inc. v. Alexander G. Baldwin

[¶1] Alexander G. Baldwin, former president and director of WahlcoMetroflex, Inc., appeals from a judgment entered in favor of the company in the Superior Court (Androscoggin County, Wheeler, J.) following a jury trial. Baldwin argues that the court erred in instructing the jury on the fiduciary duty of care and, on the nonjury count, erred in finding that he had been unjustly enriched. Because w... More...   $0 (03-25-2010 - ME)

Alpha Capital Management, Inc. v. Paul Robert Rentenbach

This action against a law firm and one of its attorneys arises from events that transpired during a separation of business partners and their joint ownership interests in a company they had owned. Plaintiff Alpha Capital Management, Inc. (ACM) contended that its counsel, defendants Dykema Gossett, P.L.L.C., and Dykema attorney Paul Rentenbach, breached fiduciary duties and committed other actionab... More...   $0 (03-24-2010 - MI)

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