http://www.morelaw.com Certiorari 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=2009%20OK%2082&s=OK&d=42006 1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.Mr. Smith alleged t Mon, 16 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=2009%20OK%2083&s=OK&d=42005 1 The issue presented on certiorari review is whether a governmental tort claim for "wrongful conviction" under 51 O.S. Supp. 2003 154(B) and 156(H) can be pursued without a prior determination of "actual innocence" as provided in 154(B). For the reasons that follow, we hold that certain claims for wrongful conviction can be pursued without a prior determination of "actual innocence."2 Tue, 10 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2080&s=OK&d=42007 1 The dispositive issue presented is whether Monsi Kassa Tafari L'ggrke (appellant) should be granted leave to file his petition for certiorari out of time because he did not receive actual notice of the opinion of the Court of Civil Appeals (COCA) until after the mandate had been issued. Because actual notice of an appealable event triggers the time to file, the mandate is recalled and the appe Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-17258&s=GA&d=41878 This is an insurance case raising some questions of Georgia law.Without issuing a written reservation of rights, an insurer assumed the defense of a lawsuit for almost eleven months but stopped defending near the end of the discovery period because it decided that there was no coverage. At that point the policy holder hired its own attorneys to defend the lawsuit. About one month after the new att Fri, 30 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=06–1695&s=IA&d=41713 In this case, we must decide if the district court properly dismissed plaintiffs cause of action. We also review by certiorari the district courts award of sanctions against the plaintiffs attorney. The court of appeals affirmed the dismissal and the award of sanctions. Because we agree with the court of appeals and district courts decisions regarding the dismissal, we affirm that p Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=22A01-0902-CV-92&s=IN&d=41707 After the Floyd County Plan Commission (the Commission) approved the primary plat of Lafayette Ridge Subdivision as sought to be developed by Robert Lynn Company, Inc. (Lynn), Greenville Concerned Citizens, Inc., Joanna Danzl, Dan Danzl, Betty Cairns, and Tom Cairns1 (collectively, GCC) petitioned the trial court to review and set aside the Commissions decision. GCC appeals th Wed, 14 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2079&s=OK&d=41754 1 The language of 60 O.S. Supp. 2003 8371 provides that: the "sole and exclusive civil remedy at common law or otherwise" under the Residential Property Condition Disclosure Act (Disclosure Act), 60 O.S. 2001 831, et seq. "shall be an action for actual damages;" awards "shall not2 include the remedy of exemplary damages"; and the Disclosure Act "applies to, regulates and determines rights, d Tue, 13 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2077&s=OK&d=41753 1 Certiorari was granted to settle the first-impression question whether a creditor who does not impose liability on a mortgage debtor for the deficiency that remains after a foreclosure sale may maintain a suit against the debtor and other parties for fraud in the inducement of the loan that is secured by mortgage. In short, we are asked to decide whether the mortgage debt's satisfaction under Tue, 13 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%20CIV%20APP%2078&s=OK&d=41994 1 Krista O'Neal filed a claim in the Workers' Compensation Court against D&H Utilities Construction Company for compensation benefits as a result of the death of Jesus Chavez Olvera, (Decedent). She alleged therein she was the surviving common-law wife of Olvera.2 During the course of the workers' compensation proceeding, Plaintiff herein, Jose Gonzalez, was appointed personal representative o Thu, 1 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2067&s=Ok&d=41472 1 The issues presented on certiorari review are whether the trial court erred (1) in certifying a class of working interest owners, and (2) in approving the proposed settlement agreement over the objections of two working interest owners. The objectors challenged the class certification, alleging that the class was not a cohesive group because the objectors did not sign a marketing election lett Wed, 30 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2073&s=OK&d=41468 1 The issue presented is whether the Court of Civil Appeals (COCA) erred when it affirmed the trial court's summary adjudication that denied the Oklahoma Firefighters Pension and Retirement System's request that the City of Spencer be ordered to terminate the employment of its recently-hired fire chief who was simultaneously declared to be ineligible for membership in the pension system. We answ Tue, 29 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=26722&s=SC&d=41808 This case stems from an auto accident in which Petitioner Frances Irene Todd was injured. A jury awarded Todd $37,191.11. Petitioner appealed and the Court of Appeals affirmed. Todd v. Joyner, 376 S.C. 114, 654 S.E.2d 862 (Ct. App. 2007). We granted certiorari and, finding no error, now affirm the Court of Appeals.FACTSA car driven by Joyner collided with a car in which Todd was a passenge Fri, 25 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2065&s=OK&d=41474 1 Two issues are presented on certiorari. The first of these is whether the replacement of a sewer pipeline constitutes an "improvement to real property" within the meaning of the statute of repose in 12 O.S. 2001 109.1 We answer that question in the affirmative. The second issue is whether the invoked statute of limitations in 12 O.S. 2001 952 may be enlarged by the discovery rule.3 To th Tue, 22 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2066&s=OK&d=41473 1 Traci R. Rowe (Mother) and Michael B. Rowe (Father) were divorced in 1998. They had one minor child, born December 18, 1996. In 2002 a shared parenting plan was entered into, with both parents having decision-making authority. On October 29, 2003, Donelle H. Ratheal was appointed as the guardian ad litem for the minor child. The order of appointment vested the guardian ad litem with the powers Tue, 22 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2068&s=OK&d=41471 1 Two issues are presented on certiorari review. The first issue is whether the date of injury for cumulative trauma claims is the date of the claimant's awareness of the injury or the date of the last exposure to the cumulative trauma. The second issue is whether an amended definition of cumulative trauma that became effective July 1, 2005 can be applied retroactively.2 These issues arose fro Tue, 22 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2069&s=OK&d=41470 1 The issues presented are whether: 1) the trial court continued the defendant's arraignment in contravention of 59 O.S. Supp. 2008 1332(A); and 2) the trial court's failure to set the hearing for a day certain materially increased the bondsman's risk. We hold that 59 O.S. Supp. 2008 1332(A) did not prevent the trial court from continuing the arraignment, but, because the appearance date was Tue, 22 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=80888-1&s=WA&d=41390 Appellant Kimme Putman sued respondents for negligently failing to diagnose her ovarian cancer. The trial judge dismissed her lawsuit because she failed to file a certificate of merit from a medical expert, as required for medical malpractice lawsuits under RCW 7.70.150. Putman challenges the constitutionality of the certificate of merit requirement on a number of grounds. We hold that RCW 7.7 Thu, 17 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1D09-0298&s=FL&d=41402 Dr. Thomas Abbey petitions this court for a writ of certiorari to review an order by the trial court denying his motion for summary judgment. He contends that the motion should have been granted because the statute of limitations expired before the plaintiff filed suit against him for medical negligence. We conclude that the alleged error in computing the time for filing a lawsuit did not deprive Mon, 14 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2D09-658&s=FL&d=41404 Robert C. Nucci, M.D., P.A., and Robert C. Nucci, M.D. (collectively "Dr. Nucci"), defendants below, petition for certiorari review of the trial court's order denying their motion to disqualify Evelyn Simmons' counsel and the motion to compel her counsel's deposition. We deny the petition as it relates to the denial of the motion to disqualify. However, because the trial court was required to sepa Fri, 11 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1-08-2441%201-08-2482&s=IL&d=41302 Following an internal investigation into allegations of employee misconduct, the defendant, Chicago Transit Authority (CTA), terminated the plaintiffs, Michael Arroyo and Carl Horbach.Subsequently, a joint hearing was held for both plaintiffs under section 28 of the Metropolitan Transit Authority Act (Act) (70 ILCS 3605/28 (West 2006)), after which the CTA Transit Board (the Board) upheld the pl Fri, 11 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=4D08-2267&s=F:&d=41125 Appellant, Michael Dean, appeals a final judgment of the trial court granting Appellee, Rutherford Mulhall, P.A.s Motion for Entry of Final Judgment and ordering Dean to pay the law firm $32,000. This court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A) (2008).In December 2007, Rutherford Mulhall filed a complaint alleging that Dean failed to pay for legal services provided to him in the amou Wed, 26 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2D09-179&s=FL&d=41113 In 2003, Janet Dees, Dana Campbell, and June Clark formed a limited liability company named The Kidney Group, LLC, which establishes and manages dialysis clinics. Within about two years, dissension arose in the ranks. Dees filed a five-count complaint against the company, Campbell, and Clark, collectively referred to here as TKG. In the course of the litigation, the defendants obtained an order pr Wed, 26 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20UT%2056&s=UT&d=41087 1 We review for a second time the Utah Department of Transportations (UDOT) taking of property owned by the Appellants, James Ivers, Katherine G. Havas, and P&F Food Services (collectively, Arbys). In Ivers v. Utah Department of Transportation, 2007 UT 19, 154 P.3d 802, we addressed whether damages were awardable for Arbys loss of view where the viewimpairing structure was not built on Fri, 21 Aug 2009 00:00:00 CST