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Tortious Interference Law
 
City of San Marcos v. Loma San Marcos, L.L.C.

Loma San Marcos, LLC, Questhaven Pacific View, LLC, and La Paz Sunset, Inc. (collectively Loma San Marcos) purchased a 15-acre property subject to a security and lien agreement with the City of San Marcos (City). The agreement was entered into by the property's former owner to securitize fees due pursuant to a conditional use permit that allowed the owners to convert the property from a recycling ... More...   $0 (02-27-2015 - CA)

Hillel Sanowicz v. Ben Bacal

Plaintiff Hillel Sanowicz (Sanowicz) and defendant Ben Bacal (Bacal) are licensed real estate salespersons. Sanowicz alleges that he and Bacal agreed to share commissions earned by either of them on certain sales of real property, but that Bacal breached that agreement. Sanowicz sued both Bacal and Sotheby’s International Realty, Inc. (Sotheby’s), dismissing the latter shortly after filing sui... More...   $0 (02-26-2015 - CA)

Comed Medical Systems, Co., Ltd. d/b/a GEMSS Medical and GEMSS North America Inc., f/k/a GEMSS USA Inc. v. AADCO Imaging, LLC and AADCO Medical Inc.

This is an interlocutory appeal of a temporary injunction ancillary to pending
arbitration proceedings. With the exception of one narrow feature of the order that must be
modified, we will affirm the order.
BACKGROUND
The appellants (collectively, “GEMSS”) are affiliated entities that manufacture
medical equipment. In May 2013, GEMSS executed a “Master Distribution Agreem... More...
   $0 (02-26-2015 - TX)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. Sandcastle Homes, Inc.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. NewBiss Property, L.P.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

Thein Htaike v. Rosalind Sein a/k/a Daw Myint Myint Sein

Plaintiffs filed this action seeking recovery of over
$200,000 on the general theory that defendants had secured
a series of promissory notes at exorbitant interest rates from
plaintiffs through loansharking. Over the years, plaintiffs
paid substantial sums on those notes but, despite repeated
requests from plaintiffs, defendants never gave them an
accounting of how much th... More...
   $0 (02-25-2015 - OR)

Ehring Enterprises, Inc. et al v. RD Management Corporation

This appeal involves a dispute between two distributors of French skin-care products. The distributor for the Western United States, RD Management Corporation, sued the distributor for the Eastern United States, Ehring Enterprises, Inc., alleging breach of a territorial restriction in a contract and other causes of action.2 After a bench trial, the court found in favor of RD on its contract claim ... More...   $0 (02-25-2015 - TX)

Ehring Enterprises, Inc. et al v. RD Management Corporation

This appeal involves a dispute between two distributors of French skin-care products. The distributor for the Western United States, RD Management Corporation, sued the distributor for the Eastern United States, Ehring Enterprises, Inc., alleging breach of a territorial restriction in a contract and other causes of action.2 After a bench trial, the court found in favor of RD on its contract claim ... More...   $0 (02-25-2015 - TX)

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

May the second-place bidder on a public works contract state a cause of action for intentional interference with prospective economic advantage against the winning bidder if the winner was only able to obtain lowest bidder status by illegally paying its workers less than the prevailing wage? We hold that the answer is yes if the plaintiff alleges it was the second lowest bidder and therefore would... More...   $0 (02-20-2015 - CA)

Patrick Uriell v. The Regents of the University of California

A jury found the University of California San Diego Medical Center (UCSD) failed to timely diagnose Barbara Kastan's breast cancer in 2007 resulting in her death in 2010. The Regents of the University of California (Regents)1 appeal the wrongful death judgment in favor of Kastan's husband and children contending: (1) plaintiffs' expert lacked foundation for his opinion there was a reasonable medic... More...   $0 (02-20-2015 - CA)

Debra Laverie, Ph.D. v. James Wetherbe, Ph.D.

James Wetherbe, Ph.D., sued Debra Laverie, Ph.D., alleging she slandered him through two statements she made to Texas Tech University’s provost. After discovery, Laverie filed a traditional motion for summary judgment claiming immunity from suit under section 101.106(f) of the Civil Practice and Remedies Code. The trial court denied her motion. She appeals, contending the undisputed facts showed... More...   $0 (02-20-2015 - TX)

Contender Farms, L.L.P. v. United States Department of Argriculture

Contender Farms, L.L.P. and Mike McGartland appeal the district court’s order granting summary judgment in favor of the United States Department of Agriculture (“USDA”). McGartland owns Contender Farms, and each actively participates in the Tennessee walking horse industry by buying, selling, and exhibiting horses. They challenge a USDA regulation (the “Regulation”) promulgated under the... More...   $0 (02-19-2015 - TX)

Melissa McCullough v. Kelly Kubiak

The plaintiffs appeal from the circuit court’s order dismissing with prejudice their actions for defamation, negligent supervision, and negligent retention, and granting the defendants’ motion for sanctions under section 57.105, Florida Statutes (2013). The plaintiffs argue that the court primarily erred in three respects: (1) finding that the absolute privilege extending to statements publish... More...   $0 (02-18-2015 - FL)

Kay L. Pruczinski et vir v. Allen Ashby et ux

At issue is whether Washington State has personal jurisdiction and subject matter jurisdiction over an Idaho police officer who allegedly assaulted an Idaho resident just within this state's border. The trial court ruled that Washington State lacked personal jurisdiction over Allen Ashby. Given the facts alleged, we hold that Washington has both personal jurisdiction and subject matter jurisdictio... More...   $0 (02-17-2015 - )

Sheryl D. Mabie v. Jack Freeman and Graham & Freeman, P.L.L.C.

Tulsa, OK - Sheryl D. Mabie sued Jack Freeman and Graham & Freeman, P.L.L.C. on breach of contract theories alleging:

I. Sheryl Mabie is a resident of Cherokee County, State of Oklahoma.
2. Jack Freeman is a resident of Tulsa, Tulsa County, State of Oklahoma, and has his law practice in Tulsa, Tulsa County, Oklahoma.
3. Graham & Freeman, P.L.L.C. is a Professional Limited Liabilit... More...
   $1 (02-12-2015 - OK)

City of Highland Haven, Texas; and Burnet County, Texas v. Eugene Taylor and Charles Fenner

Appellees Eugene Taylor and Charles Fenner brought suit against Highland Haven
and Burnet County seeking damages for inverse condemnation caused by the County’s construction
of a bridge upgradient from their properties. The City and County filed pleas to the jurisdiction,
asserting that their governmental immunity barred suit because Taylor and Fenner’s pleadings
did not suppor... More...
   $0 (02-12-2015 - TX)

City of Highland Haven, Texas; and Burnet County, Texas v. Eugene Taylor and Charles Fenner

Appellees Eugene Taylor and Charles Fenner brought suit against Highland Haven
and Burnet County seeking damages for inverse condemnation caused by the County’s construction
of a bridge upgradient from their properties. The City and County filed pleas to the jurisdiction,
asserting that their governmental immunity barred suit because Taylor and Fenner’s pleadings
did not suppor... More...
   $0 (02-12-2015 - TX)

Gilberto Rincones v. WHM Custom Services, Inc.

Plaintiff Gilberto Rincones appeals a take-nothing judgment entered in favor of
defendants WHM Custom Services, Inc., Exxon Mobil Corporation, and DISA, Inc. As
set forth below, the Court reverses the take-nothing judgment and remands in part, and
affirms in part.
I. BACKGROUND
Gilberto Rincones is a Hispanic male of Mexican descent and heritage. Between
2007 and 2008, he w... More...
   $0 (02-12-2015 - TX)

Jennifer Ghigliotti v. Jimmy E. Smith

Jennifer Ghigliotti and Chris Ghigliotti sued Jimmy E. Smith, Joe Carey and Elizabeth Carey seeking damages claiming:

1. Plaintiffs own and live in a house located at 1525 S.E. 6th Street in Moore, OK.
2. Several months ago, Plaintiffs neighbors (Defendants Joe Carey and Elizabeth Carey, hereinafter “The Careys”) sued Plaintiffs over a dispute over a fence the properties share, SC... More...
   $0 (02-11-2015 - OK)

State of Oregon v. Gregory James Tegland

Defendant appeals a judgment of conviction for one
count of possession of methamphetamine, ORS 475.894,
and one count of erecting a structure on a public right of
way, in violation of Portland City Code (PCC) 14A.50.050.
He assigns error to the trial court’s denial of his motion to
suppress evidence found after a police officer lifted a tarp to
defendant’s makeshift she... More...
   $0 (02-11-2015 - OR)

Edwin R. Jonas, III v. Linda B. Jonas

Appellant challenges the trial court’s dismissal, on grounds of comity and the principle of priority, of his action collaterally attacking a domesticated foreign judgment. The court determined that these proceedings arose out of a New Jersey divorce, and taking jurisdiction would interfere with New Jersey’s exercise of jurisdiction. We affirm.
In 1997 and 1999, the appellee/former wife ins... More...
   $0 (02-11-2015 - FL)

University of Miami d/b/a University of Miami School of Medicine v. Michael A. Ruiz

The University of Miami, doing business as The University of Miami
School of Medicine (“UM”), petitions this Court for certiorari relief from the trial
court’s order denying its motion for summary judgment on the plaintiff–
petitioners’ claims for medical malpractice based on UM’s contention that it is
entitled to immunity from suit under Florida’s Birth-Related Neuro... More...
   $0 (02-11-2015 - FL)

Mercy Hospital, Cedar Rapids, Iowa d/b/a Mercy Medical Center Cedar Rapids, Iowa

Charles Johnston appeals from a district court order granting a motion for directed verdict adverse to his breach-of-contract claim against appellees Martin and Loyola McNulty (McNultys). Appellee Mercy Medical Center (Mercy) sued the McNultys for breach of a purchase agreement and sought declaratory judgment that a right of first refusal, held by Johnston, was invalid. Johnston brought a cross-cl... More...   $0 (02-11-2015 - IA)

Seneca Waste Solutions, Inc. v. D & K Managing Consultants, LLC d/b/a/ Motor City Plant Services, Keith Kosekela and MPS Group, Inc.

A company faced with competition from a former subcontractor, former employees, and the former employees’ new employer sued for breach of contract, intentional interference with prospective business advantage, and intentional interference with contract. The district court considered and rejected the claims following trial. On appeal, the company challenges the court’s treatment of certain defa... More...   $0 (02-11-2015 - IA)

Kitsap County v. Kitsap Rifle and Revolver Club

The Kitsap Rifle and Revolver Club appeals from the trial court' s decision
following a bench trial that the Club engaged in unlawful uses of its shooting range property.
Specifically, the Club challenges the trial court' s determinations that the Club had engaged in an
impermissible expansion of its nonconforming use; that the Club' s site development activities
violated land use ... More...
   $0 (02-10-2015 - WA)

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