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Tortious Interference Law
 
Joseph General Contracting, Inc. v. Couto

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.T... More...   $0 (08-12-2015 - CT)

KEN SNOW and ALLENE SNOW v. WARREN POWER & MACHINERY, INC.

This matter presents an unusual issue dealing with the procedure for seeking
4 leave to amend a complaint to add parties as additional defendants. When the motion
5 for leave is filed before the statute of limitations has run, but the order granting leave
6 is filed after the statute has run, is the amended complaint time barred? Adopting a
7 new rule for this situation, we hold t... More...
   $0 (08-11-2015 - NM)

Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur... More...   $0 (08-10-2015 - CA)

Chestnut v. AVX Corporation

Respondent manufactures electronic parts at a plant in North Myrtle Beach, South Carolina. In 1980, respondent began using a chemical called trichloroethylene (TCE)2 as a degreaser to clean machine tools and parts. At some point, TCE escaped respondent's plant and migrated beyond the boundaries of respondent's property, contaminating surrounding properties and groundwater.
In December 1996, ... More...
   $0 (08-09-2015 - SC)

Parr v. Rosenthal

We review the evidence presented at
trial that is relevant to the requested instruction on the
2 The statute of limitations for a medical malpractice action requires that the suit "commence[] only within three years after the cause of action accrues." G. L. c. 260, § 4, second par., inserted by St. 1986, c. 351, § 30. 3 We were not provided with the special ver... More...
   $0 (08-09-2015 - MA)

DUTY FREE AMERICAS, INC. vs. THE ESTEE LAUDER COMPANIES, INC.

The essential facts contained in DFA’s complaint and its attached exhibits
are these. DFA operates many duty free stores in American airports with
international terminals. DFA is one of approximately ten major operators of duty
free stores in the United States. DFA currently holds leases in thirteen
international airports located in eleven cities: New York (JFK and LaGuardia... More...
   $0 (08-09-2015 - GA)

State of Indiana v. EPA

We summarized much of the relevant regulatory background for this case in Sierra Club v. U.S. EPA, 774 F.3d 383 (7th Cir. 2014): The Clean Air Act (“CAA”), 42 U.S.C. § 7401 et seq., establishes a comprehensive program for controlling and improving the nation’s air quality through both state and federal regulation. Title I of the CAA charges the Environmental Protection Agency Administrator with id... More...   $0 (08-08-2015 - )

Devon Robotics, LLC v. Gaspar Deviendma; McKessen Corporation

Appellee Devon Robotics, LLC (“Devon”) acquired the rights to distribute two robotic medical devices, CytoCare and i.v. Station, from an Italian corporation, Health Robotics, S.r.l. (“Health Robotics”). Appellant Gaspar DeViedma (“DeViedma”), the general counsel for Health Robotics, negotiated the distribution contracts for both CytoCare and i.v. Station. Each contract contained an identical arb... More...   $0 (08-08-2015 - PA)

United States of America v. Kelton Snyder

Springfield, Ill. – A federal grand jury today returned a five-count indictment that charges Kelton Snyder, of Decatur, Ill., in the April 3, 2015, armed robbery of the Circle K convenience store and the April 5, 2015, murder of Paige Mars, also of Decatur. Snyder, 23, is charged with conspiring to commit the armed robbery and commission of the robbery in interference with commerce, known as the H... More...   $0 (08-06-2015 - IL)

Kurt West v. Bell Hilicopter Textron, Inc.

For thousands of years,
humanity has looked to the sky and dreamt of flying. Philosophers
and poets have had much to say on the subject, leaving in their
wake a bevy of quotes and sayings about the beauty of flight.1 The
Federal Rules of Civil Procedure, although elegant in their own
way, have so far failed to inspire such devotion.
Though this case arises out of a helicopt... More...
   $0 (08-02-2015 - NH)

Celtic Properties, L.C. v. Cleveland Regional Medical Center, L.P.

Appellant, Celtic Properties, L.C. (Celtic or appellant), the plaintiff in the proceeding below, appeals from an Order Granting Final Summary Judgment to Appellee, Cleveland Regional Medical Center, L.P. (CRMC or appellee), the defendant in the proceeding below.1 This case relates to a dispute between the
1Community Health Systems, Inc. and CHS/Community Health Systems, Inc. were also named as... More...
   $0 (07-31-2015 - TX)

UTA v. Greyhound

We have long strictly construed contractual provisions that call for one party to indemnify another, requiring that such provisions clearly and unequivocally manifest the intent to do so. In this case, we are asked to consider whether we should also strictly construe a contractual provision requiring one party to procure insurance for the benefit of another. ¶2 We conclude that while an agreement... More...   $0 (07-31-2015 - UT)

Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T... More...   $0 (07-30-2015 - TX)

John C. McConnell, M.D. v. Coventry Health Care National Network and First Health Group Corp. and Liberty Mutual Insurance Company

John C. McConnell, M.D., appeals the trial court’s final summary judgment rejecting his causes of action against Coventry Health Care National Network, First Health Group Corp., and Liberty Mutual Insurance Company. In general, McConnell alleged he was wrongfully terminated as a workers’ compensation network provider by Coventry,1 Coventry tortiously interfered with McConnell’s business relationsh... More...   $0 (07-30-2015 - TX)

Paul Janczak v. Tulsa Winch, Inc.

Tulsa, OK - The Tenth Circuit reverses summary judgment for defendant on Family Medical Leave Act claim

After suffering an injury, Paul Janczak took leave under the Family and Medical
Leave Act (“FMLA”). Immediately upon his return from FMLA leave, his employer,
Tulsa Winch, Inc. (“TWI”), terminated his employment. TWI claimed that it had decided
to terminate Janczak’s positio... More...
   $0 (07-30-2015 - OK)

United States of America v. Tracey Richard Moore

Oklahoma City, OK - Tenth Circuit affirms denial of defendant's motion to suppress

Defendant Tracey Richard Moore appeals the district court’s denial of his motion
to suppress evidence obtained during a search of his vehicle following a traffic stop.
After Moore was pulled over for speeding and issued a warning, an Oklahoma Highway
Patrol trooper continued to detain Moore in o... More...
   $0 (07-30-2015 - OK)

Miroslaw Gortat v. Capala Brothers, Inc.

Brooklyn, NY - Second Circuit holds that expert witness fees may not be awarded in FSLA cases

23 After nearly seven years of litigation between Miroslaw Gortat, Henryk
24 Bienkowski, Miroslaw Filipkowski, Artur Lapinski, and Jan Swaltek, acting on
25 behalf of themselves and others similarly situated (collectively, “Plaintiffs”), and
26 Capala Brothers, Inc., Pawel Capala, and... More...
   $0 (07-30-2015 - )

In the Interest of K.D., a Minor Child

The Texas Department of Family and Protective Services (the Department) filed a petition seeking to terminate Mother’s parental rights to her fourteen-year-old daughter, K.D. A trial court “may order termination of the parent-child relationship if the court finds by clear and convincing evidence[] (1) that the parent has . . . executed . . . an . . . irrevocable affidavit of relinquishment of pare... More...   $0 (07-29-2015 - TX)

Michael A. Katz v. Cellco Partnership d/b/a Verizon Wireless

New York, NY - Second Circuit force Verizon class action members to arbitration under FAA

In an effort to more efficiently manage their dockets, some district courts
in this Circuit will dismiss an action after having compelled arbitration pursuant
to a binding arbitration agreement between the parties. That is what happened
here. After the District Court (Briccetti, J.) found... More...
   $0 (07-28-2015 - NY)

Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
I
A
Established in 1938, Olympic National Park (“Olympic”
or the... More...
   $0 (07-27-2015 - WA)

Chinatown Neighborhood Association v. Kamala Harris

San Francisco, CA - California’s “Shark Fin Law” makes it “unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin” in the state. Cal. Fish & Game Code § 2021(b). The plaintiffs in this action claim that the Shark Fin Law violates the Supremacy Clause by interfering with the national government’s authority to manage fishing in the ocean off the California coast, ... More...   $0 (07-26-2015 - CA)

Jessica Shannon v. Memorial Drive Presbyterian Church U.S.

We are asked to decide whether ecclesiastical immunity can shield a church
from contractual liability when the subject contract does not implicate church
doctrine. In seven issues, appellant Jessica Shannon challenges the trial court’s
grant of appellee Memorial Drive Presbyterian Church’s plea to the jurisdiction
and motions for summary judgment. Concluding that the Church is not ... More...
   $0 (07-26-2015 - TX)

Rory Dolan v. William J. Connolly

27 Appeal from the United States District Court for the Southern District of
28 New York (George B. Daniels, J.) dismissing Plaintiff‐Appellant Rory Dolan’s
29 complaint for failure to state a claim. Dolan alleged that defendants retaliated
30 against him for his actions as a member of the prison Inmate Liaison Committee
31 (“ILC”), in violation of 42 U.S.C. §§ 1983 and 1985(... More...
   $0 (07-23-2015 - NY)

Acadia Healthcare Company, Inc.; Psychiatric Resource Partners, Inc.; Michael A. Saul; Timothy J. Palus; Peter D. Ulasewicz; Barbara H. Bayma; and John M. Piechocki v. Horizon Health Corporation

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
2
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...
   $0 (07-23-2015 - TX)

Dolan v. Connolly, et al

We draw the following facts, which we assume “to be true for purposes of 13  
our de novo review of the district court’s grant of defendants’ motion to dismiss,” 14  
from the plaintiff’s complaint. See Ricci v. Teamsters Union Local 456, 781 F.3d 25, 15  
26 (2d Cir. 2015). 16  
Dolan served as an ILC representative at Fishkill for two terms. On the ILC 17  
Dolan advocated “f... More...
   $0 (07-23-2015 - )

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