In this case we analyze the reach of the “domestic relations” exception to diversity jurisdiction under 28 U.S.C. § 1332. The Supreme Court has emphasized the narrowness of this exception, explaining that it “encompasses only cases involving the issuance of a divorce, alimony, or child custody decree.” Ankenbrandt v. Richards, 504 U.S. 689, 704 (1992). Because the instant case does not in... More...   $0 (10-28-2008 - NJ)

We are asked to balance the interests of an insured defendant in reaching a reasonable settlement with a claimant against the insurer's interest in fully litigating its insured's legal obligation to that claimant. In the case before us, Mutual of Enumclaw Insurance Company (MOE), the insurer, vigorously defended its insured, a construction corporation, almost to the end. However, MOE decline... More...   $0 (10-23-2008 - WA)

Sunglow Condominiums sued Citizens Property Insurance Corporation on a breach of contract theory claiming that defendant failed to pay for nearly $1 million in 2004 hurricane damage to Plaintiff's beachfront property. Plaintiff claimed the state-run insurer had shortchanged it on the damage to the 10-story building after hurricanes Charley and Frances swept across Florida. Plaintiff claimed that ... More...   $950000 (10-17-2008 - FL)

In this collection action by the plaintiff, Connecticut Light &Power Company, against the defendants, Bess P. Gilmore, Douglas G. Gilmore, Keith P. Gilmore and Community Club Awards, Inc., for unpaid electric bills, the defendant Bess Gilmore1 appeals from the judgment of the trial court rendered in favor of the plaintiff. On appeal, the defendant claims that the judgment should be reversed and a ... More...   $45072 (10-14-2008 - CT)

In this appeal,1 the plaintiff, Stearns and Wheeler, LLC,2 claims that the trial court improperly rendered summary judgment in favor of the defendant, Kowalsky Brothers, Inc.3 The plaintiff brought this action pursuant to the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq., alleging that it had suffered ascertainable loss as the result of the defendant’s wrong... More...   $0 (10-07-2008 - CT)

In this consolidated personal injury action, the plaintiff, Ronald Hollister, appeals from the judgments of the trial court rendered in favor of the defendants Edna Thomas, Stanley Brown1 and Action Construction, Inc., after the court granted the defendants’ motions to strike portions of the plaintiff’s complaints. 2 On appeal, the plaintiff claims that the court improperly struck portions of ... More...   $0 (10-07-2008 - CT)

The plaintiff, Jo Anne C. Schweiger, appeals from the judgment of the trial court rendered after it granted a motion for a directed verdict filed by the defendant, Amica Mutual Insurance Company, pursuant to Practice Book § 16-37.1 On appeal, the plaintiff claims that the court improperly concluded that she failed to present sufficient evidence to remove the issues of negligence and proximate cau... More...   $0 (10-07-2008 - CT)

Defendants Parkview Bay Development, Inc. ("Parkview"), Union Planters Bank ("Union Planters"), and Jefferson Financial, Inc. ("Jefferson Financial") (collectively "Appellants") appeal the trial court's judgment in favor of Glenstone Block Company, d/b/a Glen Block Hardware & Building Supplies ("Respondent").(FN1) The trial court adjudged that Mr. Pebworth was liable to Respondent in the net amou... More...   $0 (10-02-2008 - )

This suit stems from extensive damage wrought by Hurricane Katrina to property located on Lake Marina Drive, New Orleans. The plaintiff-appellant, Marseilles Homeowners Condominium Association (Marseilles) was the insured pursuant to a flood insurance policy issued under the National Flood Insurance Program by the defendant-appellee, Fidelity National Insurance Company (Fidelity). Fidelity paid Ma... More...   $0 (09-26-2008 - LA)

The issue in this case is whether Michael Goodall, as assignee of MKJH, LLC, stated a cause of action for reformation against Whispering Woods Center, L.L.C. We hold that Goodall stated a cause of action for reformation and reverse the trial court’s dismissal of Goodall’s claims for reformation and breach of contract as reformed. We affirm the trial court’s dismissal of the remaining claims ... More...   $0 (09-24-2008 - FL)

Daniel E. Webster, his wife Mollie, and his mother, Anita V. Sculthorpe, appeal a final summary judgment entered by the circuit court in favor of Ocean Reef Community Association, Inc., a homeowners’ association.1 The issue presented is whether either of two transfers of a home in the Ocean Reef community in Key Largo, Florida, violated the Association’s governing documents. Finding that the g... More...   $0 (09-24-2008 - FL)

Belle Isle Associates, Inc.1 appeals a detailed post-trial circuit court ruling captioned “final judgment,” relating to the rights and duties of certain boat slip owners at a marina operated by a condominium association. Because the ruling includes an express retention of jurisdiction to enter a final judgment on the appellee’s (Nine Island Avenue Condominium Association, Inc.’s) countercl... More...   $0 (09-17-2008 - FL)

Travelers Indemnity Company of Connecticut insured High Mountain, LLC, which managed two condominium units in Utah owned by John F. and Diane L. Mullin. The Mullins sued High Mountain for renting the units for discounted rates without permission, theft of property from the condominiums owned by the Mullins, failure to forward rental income, and theft of property from a rental unit that the Mullins... More...   $0 (09-15-2008 - UT)

Petitioner Treo @ Kettner Homeowners Association (Association), a homeowners association of a condominium project in downtown San Diego, sued real party in interest Intergulf Construction Corporation, developer of the project, and other real parties in interest (collectively Intergulf) for alleged construction defects. A provision of Association's CC&R's required that all disputes between it and I... More...   $0 (09-12-2008 - CA)

This appeal and cross-appeal from a district court order in a breach of contract and tort action arising from improper foreclosure proceedings involve several compensatory and punitive damage award issues. With respect to compensatory damages, since respondents/cross-appellants’ actual losses did not exceed the damages that they incurred to their real and personal property, we conclude that the... More...   $0 (09-11-2008 - NV)

On February 21, 2008, the plaintiff-appellant-petitioner Roger Scott Moyle, as personal representative of the estate of Richard Todd Moyle (Moyle), deceased, [fn1] filed an application for a writ of certiorari, urging this court to review the published opinion of the Intermediate Court of Appeals (ICA) in Moyle v. Y & Y Hyup Shin Corp., 116 Hawai'i 388, 173 P.3d 535 (App. 2007). Moyle argues that ... More...   $0 (09-10-2008 - )

David Pheil (“Pheil”) appeals a trial court order that reduced the percentage of votes necessary to amend the Mission Shores Association’s (the “Association”) Declaration of Covenants, Conditions and Restrictions (“CC&R’s”). (Civ. Code, § 1356.1) Pheil challenges the order on the grounds the trial court erred in finding that (1) the amendment was reasonable (§ 1356, subd. (c)(5))... More...   $0 (09-05-2008 - CA)

In appellant Christopher Jones’s action for negligence and products liability, summary judgment was granted in favor of respondents Lloyd Electric Company, Inc. (Lloyd), and P.S. Development Company, Inc., d.b.a. Comet Electric (Comet). We affirm.

RELEVANT PROCEDURAL BACKGROUND

On November 23, 2004, Jones filed a complaint against Invision Technologies, Inc. (Invision), containing ... More...   $0 (09-05-2008 - CA)

Respondents are 11 pipe fitters (the pipe fitters) who are former employees of appellant/cross-respondent Fluor Federal Services, Inc. (Fluor), a company with operations on the Hanford Nuclear Reservation near the Tri-Cities. The pipe fitters prevailed at trial on their claims of wrongful discharge in violation of public policy based on their allegations that they were discharged for raising... More...   $0 (09-04-2008 - WA)

APPEAL from a judgment and an order of the Superior Court of San Diego County, Ronald L. Styn, Judge. Affirmed and remanded for the determination of attorney fees on appeal. Defendant Creative Capital Leasing Group, LLC (CCLG) appeals a judgment in favor of plaintiffs Brett Schaffter and Austin McBride Corporation, doing business as Re/Max Real Estate Consultants (Re/Max), entered after a bench tr... More...   $0 (09-04-2008 - CA)

The defendant, the Milford Hunt Homeowners Association, Inc., appeals from the judgment of the trial court, rendered after a trial to the court, resolving a dispute over a billboard lease in favor of the plaintiff, Arnold Peck. The defendant claims that the court (1) failed to apply the provisions of General Statutes § 47-2471 properly so as to allow the termination of the lease and (2) improperl... More...   $0 (09-02-2008 - CT)

This is a principally a takings case. In Dolan v. City of Tigard (1994) 512 U.S. 374, 386-391 and Nollan v. California Coastal Commission (1987) 483 U.S. 825, 836- 837, the United States Supreme Court adopted what is called a “nexus” and “rough proportionality” test to be applied in an “exaction” case; i.e. when a public entity conditions approval of a proposed development on the dedic... More...   $0 (08-29-2008 - CA)

Oak Bluff Condominium Owner’s Association, Inc. ("Oak Bluff") appeals from judgments denying its claims for dues, fees, and special assessments against Oak Bluff Partners, Inc. ("Partners") and Mariner Pier 31 Yacht Club, L.L.C. ("Mariner") (collectively "Respondents"). The two cases were consolidated for purposes of trial and tried to the court without a jury. We address the two appeals in one... More...   $0 (08-23-2008 - MO)

¶1 We consider today whether a homebuilder who is not also the vendor of the residence can be sued by a buyer for breach of the implied warranty of workmanship and habitability. We conclude that absence of contractual privity does not bar such a suit.

I.

¶2 William Mahoney and The Lofts at Fillmore, L.L.C. (collectively, “the Developer”) contracted with Reliance Commercial ... More...   $0 (08-21-2008 - AZ)

Defendants Toll Dublin, LLC (Toll Dublin), Toll Brothers Real Estate, Inc. (Toll Brothers), and James Whiteley Boyd (Boyd) (collectively, defendants) appeal the trial court’s order denying their motion to compel arbitration after plaintiffs Peter V. Thompson, Deborah Thompson, Kim K. Thompson, Brooke Turner, Donna J. Covey, James Turner, Valerie Raymundo-Enrile, Efren D. Enrile, Jr., Alfred Toy,... More...   $0 (08-13-2008 - CA)