D. Max Sheppard v. M & R Plumbing, Inc. |
Max and Alicia Sheppard appeal the trial court’s order requiring them to pay costs and attorneys’ fees to M & R Plumbing, Inc. (M & R) on the purported authority of section 713.29, Florida Statutes (2008). We affirm the costs award, but reverse the award of attorneys’ fees. |
State of Oklahoma v. Donnell Boatman |
Miami, Craig County, OK - Tulsa criminal defense lawyer Rob Henson represented Donnell Boatman who was charged by the State of Oklahoma with possession of a controlled dangerous substance (CDS). |
State of Oklahoma v.Daniel Gene Mosley |
¶1 Daniel Gene Mosley was charged by Information in the District Court of Cleveland County, Case No. CF-2008-883, with one count of Trafficking in Illegal Drugs (Methamphetamine), under 63 O.S.Supp.2007, § 2-415 (Count I); and Failure to Display Tax Stamp on CDS, under 68 O.S.2001, § 450.8 (Count II).1 On October 20, 2008, a preliminary hearing was held before the Honorable Reginald D. Gaston, ... More... $0 (07-19-2011 - OK) |
State of Oklahoma v. Daniel Gene Mosley |
¶1 Daniel Gene Mosley was charged by Information in the District Court of Cleveland County, Case No. CF-2008-883, with one count of Trafficking in Illegal Drugs (Methamphetamine), under 63 O.S.Supp.2007, § 2-415 (Count I); and Failure to Display Tax Stamp on CDS, under 68 O.S.2001, § 450.8 (Count II).1 On October 20, 2008, a preliminary hearing was held before the Honorable Reginald D. Gaston, ... More... $0 (07-19-2011 - OK) |
Robert Lima v. Newark Police Department |
Rule 68 of the Federal Rules of Civil Procedure is intended to promote the amicable resolution of cases. Although it usually serves its intended purpose, Rule 68 presents a trap for the unwary. This trap manifests itself most frequently when a defendant erroneously believes that an accepted Rule 68 offer of judgment finally resolves a civil action, only to be assessed substantial attorney‟s fees... More... $0 (07-19-2011 - NJ) |
Roberta Beth Niederman v. Alan Louis Niederman |
In determining the issue of alimony in this dissolution of marriage proceeding, the trial court imputed income to the former wife from annuities and Individual Retirement Accounts (IRAs) which were distributed to her as equitable distribution, concluding that IRS provisions permitted her to withdraw monies from IRAs without penalty through a Regulation 72(t) withdrawal plan. The wife contends that... More... $0 (05-04-2011 - FL) |
Ellen H. Decotiis v. Lori Whittemore |
In this case we must consider the First Amendment rights of a speech and language therapist working as a state contractor. Footnote Navigating the shoals of the standard articulated by the Supreme Court in Garcetti v. Ceballos, 547 U.S. 410 (2006), has proven to be tricky business, and particularly so in the context of a motion to dismiss, because the inquiry is so highly fact intensive and contex... More... $0 (03-24-2011 - ME) |
Maverick Recording Company v. Whitney Harper |
Ruling on cross-motions for summary judgment, the district court found that appellant Whitney Harper infringed copyrights held by a consortium of record companies in 37 sound recordings. It also found that whether Harper was an “innocent infringer” under 17 U.S.C. § 504(c)(2) was a question for the jury. On Plaintiffs’ motion, the court entered a final judgment against Harper in the amount ... More... $0 (02-26-2010 - TX) |
Virginia Susan Kracko v. Mihcolas John Kracko |
Defendant appeals as of right the judgment of divorce, challenging the trial court’s award of alimony and its disposition of property, as well as the denial of his motion for a new trial. We affirm in part, reverse in part, and remand to the circuit court for further proceedings. |
Life Forms, Inc. v. The Woodlands Operating Company, L.P. and The Woodlands Land Development Company, L.P. |
In this appeal, we must determine whether the defendants conclusively established their limitations defense. The appellant contends the trial court erred: (1) in entering summary judgment in the face of unrefuted evidence of fraudulent concealment; (2) in determining that the appellant's fraud claims accrued more than four years before the suit was filed; and (3) in failing to grant a continuance ... More... $0 (01-14-2010 - TX) |
David H. Marion v. TDI, Inc., (f/k/a Traders and Dealers, Incorporated, f/k/a TDI, Incorporated, f/k/a The Trading Desk, Inc. and f/k/a U.S. Central Securities, Inc., et al. |
A receiver for a corporation through which a Ponzi scheme was run brought suit against various third-parties alleged to have assisted the scheme, ultimately winning a multimillion- dollar jury verdict. The receiver’s theory of the case was that the defendants, in concert with the corporation’s chief officer, had harmed the corporation by saddling it with additional liability to the scheme’s ... More... $0 (01-06-2010 - PA) |
Bridgeport Music, Inc. and Southfield Music, Inc. v. UMG Recordings, Inc. and University Music Investments, Inc. |
This copyright-infringement case is “one of several hundred filed by [Bridgeport Music, Inc., and Southfield Music, Inc.] against entities and/or individuals associated with the ‘rap’ or ‘hip-hop’ music industry,” seeking declaratory judgment, injunctive relief, and damages from some 800 defendants for copyright infringement under the federal copyright statute, 17 U.S.C. §§ 101 et se... More... $0 (11-06-2009 - TN) |
Danny J. Bowling v. Joe Rector, Commissioned Agent of the Oklahoma State Bureau of Investigation, |
In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house ... More... $0 (10-26-2009 - OK) |
Gordon Todd Skinner v. State of Oklahoma |
¶1 Gordon Todd Skinner was charged and convicted of Conspiracy to Commit Kidnapping AFCF, under 21 O.S.2001, § 421 (Count I); Kidnapping AFCF, under 21 O.S.2001, § 741 (Count II); and Assault and Battery with a Dangerous Weapon AFCF, under 21 O.S.2001, § 645 (Count III), in the District Court of Tulsa County, Case No. CF-2003-4213. 1 In accord with the jury’s recommendation, the Honorable ... More... $0 (06-11-2009 - OK) |
Gordon Todd Skinner v. State of Oklahoma |
¶1 Gordon Todd Skinner was charged and convicted of Conspiracy to Commit Kidnapping AFCF, under 21 O.S.2001, § 421 (Count I); Kidnapping AFCF, under 21 O.S.2001, § 741 (Count II); and Assault and Battery with a Dangerous Weapon AFCF, under 21 O.S.2001, § 645 (Count III), in the District Court of Tulsa County, Case No. CF-2003-4213. 1 In accord with the jury’s recommendation, the Honorable ... More... $0 (06-11-2009 - OK) |
Sage Information Services v. Gary A. King |
Plaintiffs, Sage Information Services and Roger W. Hurlbert (Sage), filed a one-count complaint against defendant, Gary A. King, Du Page County Clerk, seeking relief from a denial of an Illinois Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq. (West 2006)) request. Sage alleged that the fee to be charged by defendant for copying a database compilation of the entire real property assessments... More... $0 (05-29-2009 - IL) |
Philip Auger & a. v. Town of Stratford |
This is the second time this matter has come before us. The plaintiffs are abutters to and neighbors of a conservation development subdivision (CDS) proposed by the intervenor, Graystone Builders, Inc. (Graystone). Graystone appeals a ruling of the Superior Court (Houran, J.) granting the plaintiffs’ motion for entry of a final order reversing the planning board’s approval of the CDS proposal ... More... $0 (04-24-2009 - NH) |
Sony Computer Entertainment America, Inc. v. American Home Assurance Company and American International Specialty Lines Insurance Company |
Sony Computer Entertainment America, Inc. appeals the district court’s summary judgment in favor of defendants American International Specialty Lines Insurance Company and American Home Assurance Company. Sony sued the sister insurance companies for failing to indemnify and defend it in a class action suit alleging product defects in a video game system known as the Sony PlayStation 2. The distr... More... $0 (07-15-2008 - CA) |
Robert Todd Platt v. State of Oklahoma |
¶1 Robert Todd Platt was tried in a bench trial, before the Honorable Jack D. McCurdy, II, and convicted of Unlawful Possession of a Firearm, under 21 O.S.Supp.2005, § 1283 , in Canadian County District Court, Case No. CF-2007-46. The Honorable Jack D. McCurdy, II, sentenced Platt to imprisonment for five (5) years, but suspended all but the first ninety (90) days of this sentence. 1 Platt ap... More... $0 (06-18-2008 - OK) |
Cemen Tech, Inc. v. Three D Industries, LLC, et al. |
When the defendants in this case began to manufacture a cement mixer similar to one manufactured by Cemen Tech (CTI), CTI sued them, alleging breach of contract, misappropriation of trade secrets, unfair competition, and breach of fiduciary duty. The district court granted the defendants' motion for summary judgment on virtually all of the plaintiff's claims, and the plaintiff appealed. We af... More... $0 (05-09-2008 - IA) |
Raymond Manzarek v. St. Paul Fire & Marine Insurance Company |
We hold that the district court erred by dismissing Raymond Manzarek's and Doors Touring, Inc.'s ("DTI") amended complaint because the underlying complaints raised at least the potential for coverage under the operative insurance policies. We further hold that the district court abused its discretion by not giving Manzarek and DTI an opportunity to amend their complaint. We have jurisdiction... More... $0 (03-25-2008 - CA) |
D. Jere' Webb v. Victoria Gittlen, et al. |
1 Under Arizona law, an insurance agent's clients may assert claims for professional negligence against the agent. We hold that clients may assign such claims to third parties. I. 2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability policy from Victoria Gittlen, a licensed insurance agent... More... $0 (03-12-2008 - AZ) |
Patroit Homes, Inc., et al. v. Forest River Housing, Inc. d/b/a Sterling Homes |
Two companies, Patriot Homes and Forest River Housing, compete in the modular hous2 ing manufacturing industry. Patriot sued Forest River Housing's subsidiary, Sterling Homes, and four former Patriot employees (now Sterling employees) for copying their home designs. Sterling appeals the district court's preliminary injunction order which enjoined it from misappropriating Patriot's copyri... More... $0 (01-17-2008 - IN) |
D Jere' Webb, etc. v. Victoria Gittlen, et al. |
1 Under Arizona law, an insurance agent's clients may assert claims for professional negligence against the agent. We hold that clients may assign such claims to third parties. I. 2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability policy from Victoria Gittlen, a licensed insurance ag... More... $0 (01-10-2008 - AZ) |
Stephen Popovich, also known as Cleveland International Records, etc. v. Sony Music Entertainment, Inc. |
A jury awarded Stephen Popovich over five million dollars on his claim that Sony Music Entertainment, Inc., breached its duty to affix Popovich's record company logo to four Meat Loaf albums. On appeal, Sony argues that the damages award was barred as a matter of law. Popovich cross-appeals claiming the district court improperly denied his motion for pre-judgment interest, improperly limite... More... $5057916 (11-26-2007 - OH) |
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