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Tortious Interference Law
 
Joshua Haver v. BNSE Railway Co.

Relying on the holding in Campbell v. Ford Motor Co. (2012) 206 Cal.App.4th 15 (Campbell), the trial court sustained a demurrer without leave to amend in a wrongful death action based on premises liability brought by the survivors of a woman who died of mesothelioma as a result of exposure to asbestos from her husband’s work clothes. The survivors argue that Campbell is distinguishable on its fa... More...   $0 (06-23-2014 - CA)

Robert L. & Julia T. McCullough v. Scarbrough, Medlin & Associates, Inc, et al

Robert L. McCullough2 and Julia T. McCullough appeal from the trial court’s judgment rendered on a jury verdict in favor of Scarbrough, Medlin & Associates, Inc. and Scarbrough, Medlin & Associates Financial Services, Inc. (collectively, SMA) on SMA’s claims for breach of contract, breach of fiduciary duty, fraud, and civil theft against McCullough and their equitable claim of money had and re... More...   $0 (06-20-2014 - TX)

Barbara Wachocki and Rest Easy Adult Day Care Center, Inc. v. Laurel M. Luna; Veronica Grajeda; Kindred Keepers Adult Day Center, LLC; and Kindred Keepers at Home Services, LLC

¶1 Laurel M. Luna; Veronica Grajeda; Kindred Keepers Adult
Day Center, LLC; and Kindred Keepers At Home Services, LLC
appeal the default judgment entered below in favor of Barbara
Wachocki and Rest Easy Adult Day Care, Inc. (Rest Easy). We
affirm in part, vacate in part, and remand this matter to the district
court for further proceedings consistent with this memorandum
de... More...
   $0 (06-19-2014 - UT)

West Valley City v. Benjamin Parkinson

¶1 West Valley City (the City) appeals the district court’s
decision granting Defendant Benjamin Parkinson’s motion to
dismiss based on the single criminal episode statute (the Single
Criminal Episode Statute or the Statute), Utah Code Ann. §§ 76-1-
West Valley City v. Parkinson
2. The facts described are derived from the hearing on Parkinson’s
motion to dismiss wh... More...
   $0 (06-19-2014 - UT)

Quality Lease and Rental Holdings, LLC v. Greta Yvette Mobley, David Michael Mobley, Texas Quality Mats, LLC, Texas Quality Gate Guard Service, LLC, and Quality Lease Air Service, LLC

These two interlocutory appeals arise from a commercial dispute involving appellees Greta Yvette Mobley, David Michael Mobley, Texas Quality Mats, LLC, Texas Quality Gate Guard Service, LLC, and Quality Lease Air Service, LLC (collectively “Mobley”). In appellate cause number 13-14-00064-CV, appellant Quality Lease and Rental Holdings (“QLRH”) contends that the trial court erred in denying... More...   $0 (06-19-2014 - OK)

Arnold Ochoa v. The City of Palmview

In this accelerated appeal, appellant Arnold Ochoa challenges the trial court’s judgment granting a plea to the jurisdiction in favor of appellee, the City of Palmview, Texas (“Palmview”), on the basis of governmental immunity. We affirm.

I. BACKGROUND

Ochoa served as a patrolman with the Palmview Police Department beginning in

2

1995. According to Ochoa, in 2011,... More...
   $0 (06-19-2014 - TX)

William Bush and Mari Marc S.A. de C.V. v. Cardtronics, Inc. and Cardtronics S.A. de C.V.

Appellant William Bush1 challenges the trial court’s judgment granting appellees Cardtronics, Inc. (“Cardtronics USA”) and Cardtronics Mexico, S.A. de

2

C.V.’s motion to dismiss based on a forum selection clause. In four issues, Bush argues that the forum selection clause does not govern because (1) Bush performed under an earlier contract; (2) the latter contract did not rep... More...
   $0 (06-19-2014 - TX)

The United States for the Use and Benefit of MMS Construction & Paving, LLC v. Western Surety Company and Head, Inc.

MMS Construction & Paving, L.L.C. entered into a subcontract with Head, Inc. to pave asphalt runway shoulders at Altus Air Force Base in Oklahoma. The project was delayed and MMS, expressing concern that Head had not been making agreed payments, quit the job. MMS also complained that completing the job would be more expensive than it originally believed because certain requirements were being impo... More...   $0 (06-19-2014 - OK)

Sakari Jarvela v. Crete Carrier Corporation

Many Americans suffer from alcoholism. Sakera Jarvela, a commercial truck driver, is one of those individuals. Department of Transportation (DOT) regulations prohibit anyone with a “current clinical diagnosis of alcoholism” from driving commercial trucks. Jarvela’s employer, Crete Carrier Corporation, contends that it maintains a company policy that prohibits it from employing anyone who has... More...   $0 (06-18-2014 - GA)

Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp... More...   $0 (06-17-2014 - ID)

James Nezat v. Tucker Energy Services, Inc.

James Nezat appeals from a final judgment favoring Tucker Energy Services, Inc. in Nezat’s lawsuit alleging retaliatory discharge under Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733, 734-35 (Tex. 1985). Nezat specifically alleged that Tucker Energy terminated his employment because he refused to drive a truck without a required permit. In his first issue, Nezat challenges the trial court... More...   $0 (06-17-2014 - TX)

Ronald Ross v. Kevin Gilhuly; Continental Tire of Americas, LLC

Ronald Ross appeals a grant of summary judgment by the United States District Court for the Eastern District of Pennsylvania to Continental Tire of Americas LLC (“Continental”) and Kevin Gilhuly in this Family and Medical Leave Act (“FMLA”) action. 29 U.S.C. §2601 et seq. Because Ross received all to which he was entitled under the FMLA, and suffered no adverse employment consequences for... More...   $0 (06-17-2014 - PA)

United States of America v. Robert Waterman

Appellant Robert Waterman was sentenced to 15 months’ imprisonment after he pled guilty to the charge of destruction of records in violation of 18 U.S.C. § 1519. Waterman contends that the District Court erred in applying a three-level sentence enhancement under U.S.S.G. § 2J1.2(b)(2) for substantial interference with the administration of justice. We hold that the District Court’s applicati... More...   $0 (06-17-2014 - NJ)

United States of America v. Stavros M. Ganias

In this case, defendant-appellant Stavros M. Ganias appeals from a judgment convicting him, following a jury trial, of tax evasion. He challenges the conviction on the grounds that his Fourth Amendment rights were violated when the Government copied three of his computer hard drives pursuant to a search warrant and then retained files beyond the scope of the warrant for more than two-and-a-half ye... More...   $0 (06-17-2014 - CT)

Mid-Continent Casualty Co. v. Circle S. Feed Store

I&W, Inc. owned a solution mining operation in Carlsbad, New Mexico. Its operations formed a cavern under its own property, which grew so large it infringed upon the subsurface property of the nearby Circle S Feed Store, LLC.

This cavern, in turn, caused subsidence and damages to Circle S’s surface property. A New Mexico state court found I&W negligent and liable for damages its solution ... More...
   $0 (06-17-2014 - NM)

Robert L. Floyd v. The City of Choctaw, et al.

Robert L. Floyd v. the City of Choctaw, Choctaw Town Square, LLC, JOsh Kyles, Eldon Blackaby and Kurt Blackaby

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: Floyd, Robert L
Filed Date: 06/04/2012
Party Name: Disposition Information:

Defendant: The City of Choctaw
Disposed: STAYED PENDING ACTION OTHER JURISDICTION, 08/29/2013. Oth... More...
   $0 (06-13-2014 - OK)

Esther Kim v. Konad USA Distribution, Inc.

Following a bench trial, the court awarded plaintiff Esther Kim $60,000 against her former employer, defendant Konad USA Distribution, Inc. (Konad), and her former boss, defendant Dong Whang. Defendants appeal, citing the alleged failure of plaintiff to meet certain “jurisdictional” prerequisites (e.g., exhaustion of administrative remedies, proving Konad had five employees) in her sexual hara... More...   $0 (06-12-2014 - CA)

In Re: Mortgage Electronic Registration Systems, Inc.

Mortgage Electronic Registration Systems, Inc.
(“MERS”), a subsidiary of MERSCORP, Inc., operates an
electronic mortgage registration system (“the MERS
System”). MERS is distinct from the MERS System. The
MERS System is a private electronic database that records the
ownership of and servicing rights in home loans. Various
financial institutions are members of the ME... More...
   $0 (06-12-2014 - AZ)

Cheniere Energy, Inc. v. Azin Lotfi

This is an interlocutory appeal. Azin Lotfi sued her employer, Cheniere Energy, Inc., claiming her employment was wrongly terminated; she also sued two officers of the company, Charif Souki and Greg Rayford, for tortious interference with her employment at Cheniere. Souki and Rayford filed a motion to dismiss

2

Lotfi’s claims against them under chapter 27 of the Texas Civil Practic... More...
   $0 (06-10-2014 - TX)

Joseph R. Erlach v. Sierra Asset Servicing, LLC

John Erlach (appellant) appeals from a judgment of dismissal of his complaint against Sierra Asset Servicing LLC (Sierra) entered after the trial court sustained Sierra's demurrer without leave to amend. Appellant contends that it was error for the trial court to determine that his residential lease was void and that he was a squatter with no legal rights because a code enforcement notice (red tag... More...   $0 (06-10-2014 - CA)

Lori Chlouber v. Allie Home Health Services, Inc., Sharon Hulin and Kristi Van Hooser Gavlik

Lori Chlouber v. Allie Home Health Services, Inc., Sharon Hulin and Kristi Van Hooser Gavlik

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: CHLOUBER, LORI
Filed Date: 05/03/2010
Party Name: Disposition Information:

Defendant: ALLIED HOME HEALTH SERVICES INC
Disposed: DISMISSED - SETTLED, 06/09/2014. Judge.

Defendant: HOO... More...
   $1 (06-09-2014 - OK)

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

City Direct Motor Cars, Inc and Mahdi Mohammadaghaei v. Expo Motorcars, L.L.C.

City Direct Motor Car, Inc. and its president, Mahdi Mohammadaghaei (collectively, “City Direct”), appeal the trial court’s judgment in favor of Expo Motorcars, L.L.C. on Expo Motorcars’s claims for breach of implied warranty of title, negligent misrepresentation, and fraud. We affirm the trial court’s judgment.

BACKGROUND

Expo Motorcars agreed to purchase a 2008 Mercedes S... More...
   $0 (06-05-2014 - TX)

Quadeuy Flowers v. The State of Texas

Dusty Duckett, the girlfriend of Quadreuy Flowers, was in bed with Darius Carter when a man entered the bedroom and fatally shot Carter. Flowers was convicted of Carter’s murder. We affirm Flowers’ conviction. On the night of the shooting, although the only light in the bedroom was cast by the glow of the television set, Duckett identified Flowers as the murderer. At trial, Duckett testified t... More...   $0 (06-05-2014 - TX)

DMC Valley Ranch, LLC, DMC Frisco, L.L.C, et al v. HPSC, INC.

DMC Valley Ranch, L.L.C, DMC Frisco, L.L.C., Marc Wilson, and Daniel McDonald appeal the trial court’s order granting summary judgment in favor of HPSC, Inc. In two issues, appellants contend the trial court erred by granting summary judgment because HPSC failed to plead or prove the disposition of the collateral was commercially reasonable, appellants raised fact issues about HPSC’s claim for... More...   $0 (06-05-2014 - TX)

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