http://www.morelaw.com Assignment 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=S-13042&s=AK&d=42050 Robin Pepper sued an Anchorage debt collection agency and its lawyers, claiming that they violated Alaskas Unfair Trade Practices and Consumer Protection Act (UTPA) when they: (1) sued Pepper in state district court without first sending a written demand, (2) misrepresented to the court that Pepper was competent, and (3) applied for default judgment without first informing Peppers attorney. Fri, 20 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A137006&s=OR&d=42048 Defendant issued an automobile liability insurance policy and a personal umbrella policy covering a car involved in an accident that resulted in the death of plaintiff's husband. The auto policy contains an omnibus clause that provides that the policy covers anyone using the car with the permission of the "policyholder." Plaintiff brought an action against the driver and a passenger in the car, Wed, 18 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A133563&s=OR&d=42047 The parties organized a limited liability company (LLC), ORS 63.001(17), for the purpose of developing a residential subdivision. Plaintiff later brought this action against defendants for damages for breach of contract, breach of fiduciary duty, fraud, and an accounting. His claims arise out of defendants' alleged wrongful conduct in carrying out the terms of the operating agreements that gover Wed, 18 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A142351&s=OR&d=42045 Petitioner, Willamette Oaks, LLC, seeks review of the Land Use Board of Appeals (LUBA) decision affirming the City of Eugene's (city) approval of a zone change for certain land from medium-density residential to limited high-density residential, contending that LUBA's order is unlawful in substance. We review pursuant to ORS 197.850 and, on review, hold that LUBA improperly concluded that the cit Wed, 18 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=081718&s=VA&d=41952 The primary question that we consider in this appeal is whether adults who agree to supervise and care for a child owe a duty to exercise reasonable care in the supervision and care of that child.II.Michael H. Kellermann, administrator of the estate of his daughter, Jaimee Elizabeth Kellermann, filed a wrongful death action against Paul McDonough and Paula McDonough (the McDonoughs). Kellermann al Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=56,2008&s=DE&d=41948 In this second appeal from the Superior Court, Reserves1 seeks a reversal of the trial judges reduction in damages awarded to Reserves for breach of contract and misrepresentation. Reserves argues that the trial judge erred when he offset damages based on conclusions that were unsupported by the record and the product of an illogical deductive process. With the exception of the offset of $5,461 Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1952&s=IA&d=41921 Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (AEGON), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2555,%2008-2711,%2008-2713&s=AR&d=41885 Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wyeth Pharmaceuticals Inc. (Wyeth) and Pharmacia & Upjohn Co. (Upjohn).1 She sued the companies in 2004 for failure to warn of the risk of breast cancer from combination hormone therapy.The trial was bifurcated, with liability determined first and punitive damages determ Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2874%20and%2008-29&s=PA&d=41933 The plaintiffs in this special education case, Patrick P., a minor child, and his parents, Rita and Michael P., appeal the District Courts grant of summary judgment to the defendant, the West Chester Area School District (District). The plaintiffs made claims under the Individuals with Disabilities in Education Act (IDEA), 504 of the Rehabilitation Act of 1973, and 42 U.S.C. 1 Mon, 2 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-30289&s=LA&d=41844 Jebaco Inc. appeals the dismissal of its federal antitrust claims against Pinnacle Entertainment and Harrahs Operating Company, Inc., along with five Harrahs subsidiaries (Harrahs). The district court dismissed the claims 1 under Fed. Rule Civ. Proc. 12(c) as barred by the state action doctrine and Noerr- Pennington petitioning immunity. We affirm on the alternate ground, fully brie Sat, 31 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-31051&s=LA&d=41843 Larry Groover and the guardians of decedent Chad Groovers minor children (collectively the Groovers) appeal the district courts summary judgment order dismissing their tort claims against Omni Pinnacle, LLC (Omni) and Cahaba Disaster Recovery, LLC (Cahaba). Because we hold that the Louisiana workers compensation scheme shielded Omni and Cahaba from tort liability, we affirm.IShortly Sat, 31 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-12207&s=AK&d=42055 A property owner leased gravel mining rights to a lessee. The lessee in turn leased its rights to a sublessee. The sublessee assumed the lessees duty to pay royalties to the property owner and agreed to pay overriding royalties to the lessee. The lessee later assigned the overriding royalties to an assignee. After more than a decade of operating under these arrangements, the sublessee purchased Fri, 30 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20Opinion%20No.%20127&s=ID&d=41743 This action involves a dispute over the parties respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file Wed, 21 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=COA08-1262&s=NC&d=41813 James W. Powell, Jr. (plaintiff) appeals the 27 May 2008 order requiring him to execute a settlement agreement and quitclaim deed. Defendant City of Newton (the city), third-party defendant Shaver Wood Products, Inc. (Shaver), and third-party defendant W.K. Dickson Engineering, Inc. (Dickson) (collectively defendants) appeal the 19 August 2008 order denying their moti Tue, 20 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=COA08-1156&s=NC&d=41811 Ted and Mary Bissette (the Bissettes) appeal from orders: (1) granting plaintiffs and third-party defendants summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.FACTSMoss Creek is a single-family residential development in Tue, 20 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=COA08-1053&s=NC&d=41810 Jessica Hardy (plaintiff) was a tenth grade student at Southside High School in Beaufort County during the 2007-2008 school year. On 18 January 2008, a fight involving numerous students occurred, and plaintiff was one of the students involved.As a result, plaintiff was subsequently suspended for ten days, beginning 24 January 2008. Additionally, the principal of Southside High School recomme Tue, 20 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=23116&s=OH&d=41686 { 1} Defendant-appellant Michael Hummons appeals from a summary judgment rendered against him on his claim for personal injuries arising from a motor vehicle accident. He contends that the trial court erred in rendering summary judgment in favor of defendant-appellee Dayton Power & Light (DP&L), because it erred in concluding that his action against the company was time-barred. He further conten Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-4635&s=OH&d=41679 Kathleen Sharp appeals the district courts dismissal of one federal claim (Title VII) and three related state-law claims against the Worthington City School District Board of Education. We affirm.I.Sharp taught in the Worthington school district from 1992 until the school board fired her in 2008. At some point near the end of her tenure, she filed discrimination charges against the board with t Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S056015&s=OR&d=41731 Plaintiff walked into a bar. He was injured when the stool he sat on collapsed beneath him and he sued defendant, the bar owner and operator, for the injuries that he incurred. A jury awarded plaintiff $37,600 in economic damages, approximately the amount that plaintiff's medical providers had billed him for their services. Plaintiff was over 65 years old and, pursuant to the federal Social Sec Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3003&s=ks&d=41745 In this diversity action, John Gates alleges that the presence of Sprint Spectrums telecommunications equipment on his property constitutes a trespass. The district court granted summary judgment to Sprint on the basis that the alleged injury took place prior to Mr. Gatess acquisition of the property and that, absent an assignment, a cause of action for trespass belongs only to the property Wed, 14 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A142161&s=OR&d=41730 Respondent City of Salem (the city) seeks review of an opinion and order of the Land Use Board of Appeals (LUBA) that reversed the city's denial of petitioner's application for approval of a tentative partition plan. The city contends that LUBA erred in concluding that petitioner adequately preserved his objections to the denial of the partition request. The city also asserts that LUBA erred in Wed, 14 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A136067&s=OR&d=41728 Defendant insurer appeals from a judgment for plaintiffs, defendant's insureds, in this case involving the provisions of a homeowners insurance policy. On appeal, defendant asserts that the policy does not provide any coverage for plaintiffs' claim. Plaintiffs cross-appeal, assigning error to the trial court's limitation of their recovery to $5,000. We reverse on appeal and dismiss plaintiffs' Wed, 14 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%201313%20September%20Term,%202008&s=MD&d=41657 This appeal is from a judgment entered by the Circuit Court for Prince Georges County against Ahmed M. Ali, appellant, and in favor of CIT Technology Financing Services, Inc., appellee, in the amount of $190,725.85 in damages and $21,977.95 in prejudgment interest. Appellant contends that the trial court should have dismissed the suit because it was barred by the applicable statute of limitatio Mon, 5 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-5689-cv&s=CT&d=41651 16 Plaintiff-Appellant Sandra McBride appeals from a decision of the United States District17 Court for the District of Connecticut (Underhill, J.) granting the motion of Defendant-Appellee BIC18 Consumer Products Manufacturing Company, Inc. (BIC) for summary judgment. McBrides19 complaint alleged that BIC violated the Americans with Disabilities Act of 1990 (ADA), 4220 U.S.C. Mon, 5 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008-1509,%20-1510&s=CA&d=41522 The Board of Trustees of the Leland Stanford Junior University (Stanford) appeals a final judgment that the asserted claims of U.S. Patents No. 5,968,730 (730 patent), No. 6,503,705 (705 patent), and No. 7,129,041 (041 patent) are invalid for obviousness. Bd. of Trs. v. Roche Molecular Sys., Inc., 563 F. Supp. 2d 1016 (N.D. Cal. 2008) (Invalidity Opinion). Ro Mon, 5 Oct 2009 00:00:00 CST