http://www.morelaw.com Arbitration Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1004&s=CO&d=42034 Plaintiffs-Appellants Berry & Murphy, P.C. and Timothy H. Berry, P.C. (plaintiffs) appeal the district courts grant of summary judgment to Defendant- Appellee Carolina Casualty Insurance Company (Carolina Casualty) on plaintiffs claim for insurance coverage for a malpractice lawsuit. Plaintiffs filed their action in state court and Carolina Casualty removed the case to federal co Fri, 20 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%20134%20September%20Term,%202008&s=MD&d=41989 In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju Fri, 13 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-6145&s=&d=41907 Plaintiff-Appellant Memphis Biofuels, LLC appeals the dismissal of its suit against Defendant-Appellee Chickasaw Nation Industries, Inc. for lack of subject-matter jurisdiction. Because we agree with the district court that Chickasaw Nation Industries, Inc. enjoys tribal-sovereign immunity, we AFFIRM.I. BACKGROUNDMemphis Biofuels, LLC (MBF) is a biodiesel refining company incorporated in Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1296&s=IL&d=41935 HIT Entertainment (HIT) owns the copyright to the popular Thomas & Friends train characters, and it licensed Learning Curve International (Learning Curve) to make toy figures of its characters. Learning Curve in turn hired Daniel Schrock, a professional photographer, to take pictures of the toys for promotional materials. Learning Curve used Schrocks services on a regular basi Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=34593&s=WV&d=41896 This case is before the Court upon the appeal of an Order denying the Appellant's, Charles Crihfield's, Renewed Motion for Summary Judgment entered by the Circuit Court of Kanawha County, West Virginia, on April 15, 2008. In the Order, the circuit court directed that the parties within thirty (30) days of entry of this Order, mutually agree on an arbitrator to hear the dispute in question[,] Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=WD70189&s=MO&d=42026 Lees Summit Honda (Honda) appeals the judgment denying its motion to compel Ms. Ashlee Ruhl to arbitrate her individual claims against it. Ms. Ruhl filed a class action against Honda, seeking damages for its unauthorized practice of law, section 484.020,1 and its deceptive practices connected with the sale of merchandise under the Missouri Merchandising Practices Act (MPA), sections 407.010-407 Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1182%20C.D.%202008&s=PA&d=41945 Appellants, Lawrence Crews (Crews), a minor, by his mother and natural guardian, Lynette Crews, and Lynette Crews, in her own right (Mother) appeal from an order of the Court of Common Pleas of Delaware County (trial court) which determined that Crews did not have standing to challenge the constitutionality of the City of Chester Ordinance (Ordinance), Article 711, an anti-loitering ordinance. We Mon, 2 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%201326%20September%20Term,%202008&s=MD&d=41950 This appeal arises from a dispute between Gebhardt & Smith LLP (Gebhardt & Smith), appellant, and the Maryland Port Administration (MPA), appellee, over a lease (Lease) for office space in the Baltimore World Trade Center (WTC). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the buildings operati Thu, 29 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=WD70548&s=MO&d=41826 Christopher Spielvogel and his wife, Diana Spielvogel, were riding a motorcycle on Highway 169 at the Broadway Bridge Complex in Kansas City on July 22, 2001, when their motorcycle collided with the center median. Both of them were ejected from the motorcycle.Diana Spielvogel died from her injuries, and Christopher Spielvogel was seriously injured. Christopher Spielvogel and his children, Brandon, Wed, 28 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2924&s=&d=41770 This matter comes on before this Court on an appeal byappellant Century Indemnity Company (Century) from twoorders of the District Court, one entered May 18, 2006,granting a motion of appellee Certain Underwriters atLloyds, London (Lloyds) to compel arbitration of adisputed claim based on a set of reinsurance-of-reinsuranceagreements, and one entered May 30, 2008, denyingC Fri, 23 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%20CIV%20APP%2085&s=OK&d=42000 1 Plaintiffs/Appellants International Union of Police Associations, Local No. 24, and Tommy Harrell (collectively, Union) seek review of the trial court's order granting the motion to dismiss of Defendant/Appellee City of Lawton (City) in Union's action for a declaratory judgment to determine its right, under the Oklahoma Open Records Act (ORA), 51 O.S. 24A.1, et seq., to inspect the prelimi Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=283923&s=MI&d=41682 In this wrongful death action, defendant Michael Dargay, D.O. (Dargay), appeals as of right from the trial courts order granting his motion for $42,048.50 in case evaluation sanctions against plaintiffs, but denying his request to have the sanctions paid from the proceeds of a $17,500 settlement between plaintiffs, as co-personal representatives of the estate of Elizabeth Kitchen, and codefenda Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SC%2018222&s=CT&d=41653 This is one of two separate appeals1 arising out of a real estate transaction involving the plaintiff, Coldwell Banker Manning Realty, Inc. (Coldwell Banker), the named defendant, Cushman and Wakefield of Connecticut, Inc. (Cushman), and Computer Sciences Corporation (CSC).2 In the present appeal, Coldwell Banker claims that the trial court improperly concluded that the decision of the Greater Har Tue, 13 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=5-08-0088&s=IL&d=41640 The plaintiff, American Family Mutual Insurance Company (American Family), filed in the circuit court of St. Clair County a complaint to enforce an arbitration award. The circuit court granted a motion to dismiss filed by the defendant, Diane Stagg, and American Family appeals. We affirm.FACTSStagg entered into a contract for automobile insurance with American Family. The policy American Family is Mon, 12 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-60191&s=ms&d=41630 Hurricane Katrina reduced Plaintiff-Appellant Christopher M. Wileys home to a slab. Although he carried a homeowners insurance policy from Defendant-Appellee State Farm Fire and Casualty Company (State Farm), State Farm rejected his claims thereunder because his policy contained a water damage exclusion and an anti-concurrent cause provision. Wiley subsequently entered the Mississippi Sat, 10 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%2047&s=NV&d=41727 This appeal arises out of a district courts judgment awarding appellant/cross-respondent Eric Webb, a minor, general and special damages for injuries sustained after Webbs teacher, respondent/cross-appellant Roger Phillips, placed his hand on Webbs chest during a disturbance at school. In this opinion, we address two issues of first impression: (1) whether the Paul D. Coverdell Teacher P Thu, 8 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1046&s=CO&d=41588 Christina Pacheco appeals the district courts grant of summary judgment in favor of Shelter Mutual Insurance Company (Shelter Mutual) and Shelter General Insurance Company (Shelter General). We reverse and hold that Shelter Generals policy exclusion of resident relatives who own a vehicle from Uninsured Motorist/Underinsured Motorist (UM/UIM) coverage violates Colorado publ Wed, 7 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%20223%20September%20Term,%202007&s=&d=41536 Giant of Maryland, LLC (Giant) appeals a judgment entered on a jury verdict in the Circuit Court for Prince Georges County in favor of Julia M. Taylor, a former Giant employee, in an employment discrimination and retaliation case. After a seven-day trial, the jury found by special verdict that, during a particular time period ending on February 3, 2003, Giant discriminated against Taylor Mon, 5 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B212854&s=CA&d=41591 This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured d Fri, 2 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-04-01029-CV&s=TX&d=41537 This suit was brought by former clients, Bob Chambers and 182 others (appellants), against John OQuinn, John M. OQuinn, P.C., and John M. OQuinn D/B/A OQuinn & Laminack (appellees), for legal malpractice. Appellants appeal from the trial courts orders dismissing their suit for want of prosecution and overruling their motion for reinstatement and new trial. In t Fri, 2 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-36011&s=WA&d=41517 Romeo Balen, individually and on behalf of those similarly situated, appeals the district courts order granting Holland America Line Inc.s (HAL) motion to compel arbitration. Balen contends that his claims cannot be resolved through arbitration, because (1) United States law does not permit the arbitration of claims brought under the Seamens Wage Act, 46 U.S.C. 10313 (Wage Act Fri, 2 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2075&s=OK&d=41764 1 In this case we are asked to determine whether the trial court exceeded its jurisdiction and abused its discretion when it entered a temporary injunction against the State of Oklahoma, by and through the Oklahoma Tax Commission (OTC). The Plaintiff is Feather Smoke Shops, LLC, (Feather) an Oklahoma limited liability company with its principal place of business located in Osage County, Oklahoma Thu, 1 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=35459-2008&s=ID&d=41610 This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all Wed, 30 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A129305&s=OR&d=41598 Designation of prevailing party revised to designate respondents Paul and Renee Haynes as prevailing party on appeal; appellant's petition for attorney fees denied; respondents' petition for attorney fees allowed in the amount of $64,015.43.LANDAU, J.Defendant appealed a supplemental judgment that awarded plaintiffs attorney fees, arguing that (1) the court should not have awarded attorney fees a Wed, 30 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-56306&s=CA&d=41441 Daniel Guggenheim and others bring a facial challenge to the City of Goletas mobile home rent control ordinance.Guggenheim argues that the ordinance, which effects a transfer of nearly 90 percent of the property value from mobile home park owners to mobile home tenants, constitutes a regulatory taking under Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978). We have fielded s Tue, 29 Sep 2009 00:00:00 CST