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Carl Jordan v. Jeff Heckenkemper, Performance Real Estate Services, Inc. d/b/a Jeff Heckenkemper Renovations

Tulsa, OK - Carl Jordan v. Jeff Heckenkemper, Performance Real Estate Services, Inc. d/b/a Jeff Heckenkemper Renovations

1. Plaintiff Carl Jordan is an individual and resident of Tulsa County, Oklahoma.
2. Jeff Heckenkemper is an individual and resident of Tulsa County, Oklahoma.
3. Performance Real Estate Services, Inc., d/b/a Jeff Heckenkemper Renovations is an Oklahoma Cor... More...
   $29275 (12-07-2015 - OK)


Pending before the court are the second set of motions for judgment on the
administrative record filed by plaintiff, KWR Construction, Inc. (“KWR”), and defendant
the United States (“the government”), in connection with the United States Air Force’s
(“the agency”) award of four firm-fixed-price indefinite-delivery-indefinite-quantity
(“IDIQ”) multiple award construction contrac... More...
   $0 (11-25-2015 - DC)

Christopher B. Burke Engineering, Ltd v. Heritage Bank of Central Illinois

Around April 2008, Burke Engineering entered into an agreement with Glen Harkins (Harkins). Pursuant to the agreement, Burke Engineering was to survey a tract of land that Harkins was interested in purchasing and to draft and record a plat of subdivision for the property. At the time the agreement was entered into, the property was owned by Carol Schenck. Glen and Carol Harkins (the Harkinses) bou... More...   $0 (11-19-2015 - IL)


Plaintiff, U.S. Security Associates, Inc., was one of several holders of a Schedule 84 contract for security services with the General Services Administration (“GSA”). On June 19, 2015, the Administrative Office of the United States Courts (“AO”), acting under that contract, issued a Request for Quotations (Solicitation No. 061915) for security services at the Thurgood Marshall Building in Washin... More...   $0 (11-13-2015 - DC)

The Henderson Square Condominium Association v. LAB Townhomes, LLC

Plaintiffs filed their initial complaint on October 31, 2011. Plaintiff Henderson is a not-for-profit corporation with its principal place of business located in Chicago. Henderson is the governing body of a property of townhomes located in Chicago, and Henderson is controlled by its Board, which is comprised of elected managers. ¶ 4 Defendants can be divided into three groups, which we will refe... More...   $0 (11-04-2015 - IL)

Centex/Worthgroup, LLC v. Worthgroup Architects, L.P.

In February 2002, the Inn of the Mountain Gods Resort and Casino (Owner)
3 contracted with Centex for an expansion and renovation project. These parties
4 defined the terms of their business relationship in a second amended design/build
5 construction contract (the prime contract). Centex then entered into a subcontract
6 with Architect, where Architect agreed to perform design wor... More...
   $0 (11-04-2015 - NM)

Jerome Cha v. 357 Incorporated d/b/a Reco Enterprises ADBA Reco Construction Co., et al.

Tulsa, OK - Jerome Cha sued 357 Incorporated d/b/a Reco Enterprises ADBA Reco Construction Co.,Phillips Slaughter Rose, Inc., Paul M. Rose, Danny R. Mitchell Architect, P.C., Danny R. Mitchell, Tulsa Tie Scaping, Inc.,Belongia Consultants, Inc., David L. Belongia, Chandler Materials Company, Bill Martin, Bebee Engineering and Ron Bebee on breach of contract, professional negligence, breach of impl... More...   $0 (10-29-2015 - OK)


On October 15, 2003, Robert Akers agreed to sell to James Koehler a
“turn key Eighty-Four (84) unit Holiday Inn Express” in Casper, Wyoming. The
purchase price was set at $4,850,400. The hotel was not yet built; therefore, the
parties executed a contract entitled “Improvement Purchase Agreement”
(Agreement). The Agreement “set forth the terms and conditions under which
... More...
   $0 (10-29-2015 - SD)


In 2003, Westlake Investments, LLC, entered negotiations to purchase
Westlake Apartments, a 300-unit apartment complex in West Des Moines, while
the complex was under construction.1 The developers (collectively, MLP
Management, LLC) guaranteed the construction would be “first class and of
workmanlike quality.” MLP purchased a primary commercial general liability
(CGL) po... More...
   $0 (10-28-2015 - IA)

In re TIBCO Software Inc. Stockholders Litigation

This decision is round two of an action in which a stockholder of TIBCO Software
Inc. challenges the per-share consideration that a private equity fund (“Vista”) agreed to
pay to acquire TIBCO in a merger that closed on December 5, 2014. The merger
agreement provided for stockholders to receive $24 per share. Based on the number of
fully diluted shares of TIBCO outstanding, w... More...
   $0 (10-20-2015 - DE)

Rohrmoos Venture, Eric Langford, Dan Basso and Tobin Grove v. UTSW DVA Healthcare, LLP

Rohrmoos Venture’s motion for reconsideration is denied. On the Court’s own motion,
we withdraw our opinion dated August 3, 2015 and vacate the judgment of that date. This is
now the Court’s opinion.
This case involves claims for breach of the implied warranty of suitability and breach of
contract arising out of a commercial lease. The jury found that both parties breached the leas... More...
   $0 (10-05-2015 - TX)

Carriage House I-Enfield Assn., Inc. v. Johnston

In 2011, the named defendant, the Board of Zoning Appeals of the City of New Haven (board), granted an appeal forfour variances and an application for a special exception, with conditions, as requested by the defendant applicant, P.T.R., LLC.1 The plaintiffs, 347 Humphrey Street, LLC, Rosemarie Morgan, and Thomas Morgillo,2 thereafter appealed from that decisiontotheSuperiorCourt.Thetrialcourtsus... More...   $0 (10-05-2015 - CT)

State of New Hampshire v. Exxon Mobil Corporation

In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. See 42 U.S.C. § 7545(k) (Supp. 1991) (amended 2005, 2007). An oxygenate is a substance used to reduce gasoline emissions. See Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 666 (9th Cir. 2003). The amendment did not mandate the u... More...   $0 (10-04-2015 - NH)

Vita Planning & Landscape v. HKS Architects

HKS is an architecture firm and a Texas corporation. C.E. Mammoth LLC (Owner) planned to develop a luxury hotel in Mammoth Lakes (Project). Owner hired HKS to provide architectural services for the Project pursuant to an “Agreement Between Owner and Architect” (Prime Agreement). Among other things, the Prime Agreement contained a Texas forum selection clause providing: “[a]s a condition precede... More...   $0 (09-25-2015 - CA)

J.R.'s Landscaping & Sprinkler Systems, Inc. v. City of Crosbyton

Appellant J.R.’s Landscaping & Sprinkler Systems, Inc. brought suit against the City of Crosbyton, Texas, alleging breach of its construction contract with the City. The City brought a counterclaim, asserting J.R.’s had failed to perform the contract as required.1 Each sought damages. After a bench trial, the court awarded the City its damages for the cost of completion of the project.
1 The e... More...
   $0 (09-21-2015 - TX)

Helf v. Chevron

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le... More...   $0 (09-14-2015 - UT)

Pelco Construction Company v. Chambers County, Texas

Pelco Construction Company filed suit against Chambers County, Texas, Kurt Amundson, and Amundson Consulting, Inc. over a construction contract. Chambers County counter-sued. The trial court granted summary judgment on liability in favor of Chambers County and Amundson Consulting on all claims in
the suit. The parties then proceeded to trial on Chambers County’s damages for its breach of... More...
   $0 (09-07-2015 - TX)

Brian Schmigel v. Miroslav Uchal

In 2010, Appellee Dr. Miroslav Uchal performed laparoscopic adjustable gastric band surgery, a procedure intended to place a band around a person’s stomach to limit his food intake and help him lose weight, on Appellant Brian Schmigel. The surgery went awry, however, and the band was left “free floating in his abdomen.” App. 20a. As a result, Schmigel not only failed to lose weight; he suffered... More...   $0 (09-05-2015 - PA)

Helf v. Chevron,

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam

Cite as: 2015 UT 81 Opinion of the Court


condensate from the refining process, which continuously f... More...
   $0 (09-04-2015 - UT)

Brian Schmigel v. Miroslaw Uchal, M.D., FASC

In 2003, the Pennsylvania Supreme Court grew troubled by the frequency of meritless professional malpractice claims filed in the state system. To address that concern, the Court amended the Pennsylvania Rules of Civil Procedure to require malpractice plaintiffs or their attorneys to file a certificate of merit (“COM”) within sixty days of bringing suit. Failure to comply conferred upon a defendant... More...   $0 (09-02-2015 - PA)

Coghlin Electrical Contractors, Inc. v. Gilbane Building Co

This case requires us to resolve three issues
regarding a public construction contract that implements the
construction management at risk delivery method, pursuant to
G. L. c. 149A: (1) Does the owner who furnishes the plans and
specifications in a public construction management at risk
project give an implied warranty of their sufficiency for the
purpose intended,... More...
   $0 (09-02-2015 - MA)

Facilities Cost Mgmt. Group v. Otoe Cty. Sch. Dist.

The threshold issue presented in this appeal is whether sections 11.2 and 12.7 of the contract are ambiguous. The contract is based on a 1987 version of the American Institute of Architects’ “Standard Form of Agreement Between Owner and Architect.” As the Court of Special Appeals of Maryland has observed: The standard form contracts drafted by the [American Institute of Architects (AIA)] are widel... More...   $0 (08-21-2015 - NE)

Darbun Enterprises, Inc. v. San Fernando Comm. Hosp.

Plaintiff Darbun Enterprises, Inc., doing business as (dba) All Saints Healthcare (Darbun), sued defendant San Fernando Community Hospital, dba Mission Community Hospital (Mission), for breach of a lease agreement, seeking damages and specific performance.
The trial in this case proceeded in two phases. The first, the equity phase, was held to determine whether the equitable remedy of speci... More...
   $0 (08-12-2015 - CA)

Joseph General Contracting, Inc. v. Couto

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.T... More...   $0 (08-12-2015 - CT)

Fernandes v. DAR Development Co

As plaintiff Rolando Fernandes and his boss, Mario Freitas
(Mario),1 were installing a sewer pipe on a residential
construction site, the wall of the trench in which Fernandes was
working collapsed, burying him up to his chest. Mario promptly
extricated plaintiff and later drove him home. Fernandes was
seriously injured and has not worked since that day.
Fernandes ... More...
   $0 (08-09-2015 - NJ)

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