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Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company District of New Jersey Federal Courthouses

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the damage to his p... More...   $0 (02-02-2018 - PA)

William Baxter v. California State Teachers' Retirement System

Eleven retired teachers (Teachers) who had been employed in the Salinas Unified
High School District (District), disputed attempts by appellant California State Teachers’
Retirement System (CalSTRS) to recoup retirement benefit overpayments. The
overpayments were the result of a years-long miscalculation by the District of the
monthly retirement benefits to which the Teachers were ... More...
   $0 (01-21-2018 - CA)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

Li Guan v. Yongmei Hu

Plaintiff Li Guan and defendant Yongmei Hu entered into a
contract under which Guan paid the purchase price for a Malibu
residence (the property) to be held by Hu as the “nominal owner.”
Hu agreed to sell the property upon receiving instructions to
do so, and to distribute the sale proceeds between the parties
according to a mathematical formula in the contract. After
recei... More...
   $0 (01-13-2018 - CA)

Anderson Living Trust v. Energen Resources Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Fossil fuels are the decomposed remains of pre-historic flora (coal) and fauna (oil
and gas). They have driven the world’s economy (particularly that of the United States)
for over a century. Discovering marketable deposits, extracting them from the ground,
refining them, and delivering them to consumers in useful form is big business, on one
hand fraught with risk and on the other... More...
   $0 (01-10-2018 - NM)

Smartcomm License Services, L.L.C. v. Joh Palmieri

¶1 Smartcomm License Services, L.L.C. (Smartcomm) appeals
the trial court’s grant of summary judgment in favor of Appellees David
Alcorn Professional Corporation; David and Elizabeth Alcorn, Janus
Spectrum, L.L.C. (collectively, the Alcorn Defendants); and Jon Palmieri.
Smartcomm also appeals the trial court’s denial of an application for an
order to show cause. For the followi... More...
   $0 (01-09-2018 - AZ)

Sundance Residential Homeowners Association, Inc. v. Curt Glawe

¶1 Lori Glawe, Curt Glawe, and their son, Jordan Glawe (“the
Glawes”), appeal the summary judgment entered against them on a
breach-of-contract claim brought by Sundance Residential Homeowners
Association, Inc. (“the Association”). For the following reasons, we affirm.
FACTS AND PROCEDURAL BACKGROUND
¶2 The Glawes purchased a home in the Sundance Residential
Community in 20... More...
   $0 (01-09-2018 - AZ)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

Mark Boswell, et al. v. Panera Bread Company, et al. Eighth Circuit Courthouse - St. Louis, Missouri

The central issue in this contracts case is whether certain at-will employees can
hold their employer, Panera, LLC, to its promise to pay them a bonus. The district
court thought so and granted summary 1 judgment to the employees. We agree and
affirm.
In an effort to recruit and retain general managers for its restaurants, Panera
created a program under which qualifying manager... More...
   $0 (01-08-2018 - MO)

Rmg Worldwide, L.L.C., et Ano, vs. Pierce County Washington Court of Appeals, Division 1 - Tacoma, Washington

RMG Worldwide LLC (RMG) appeals two land use decisions of the
Pierce County hearing examiner. In the first decision, the examiner found that RMG
could not subdivide its existing golf course for residential development under the
General Use zoning that was in effect in 1990, and that RMG must instead submit
applications consistent with the current development regulations. In the sec... More...
   $0 (12-18-2017 - WA)

William Raborn v. David Johnston and Covenant Transport, Inc. MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - William Raborn sued David Johnston and Covenant Transport, Inc. on auto negligence and respondeat superior theories.... More...   $0 (12-05-2017 - OK)

Joseph R. Elliott v. Board of School Trustees of Madison Consolidate Schools and State of Indiana Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

The Contract Clause of the United States Constitution prohibits States from passing laws “impairing the Obligation of Contracts.” Art. I, § 10, cl. 1. The prohibition is not absolute, but it imposes substantial limits on laws that would undermine existing contractual rights. In 2012, an Indiana law took effect amending the State’s teacher tenure law to cut back on the rights of tenured teachers in... More...   $0 (12-05-2017 - IN)

State Farm General Insurance Company v. Watts Regulator Co.

A nonprofit organization (Arbitration Forums, Inc. or AF)
provides arbitration services for insurers and self-insured
companies who become members of AF by signing its “Property
Subrogation Arbitration Agreement” (the AF arbitration
agreement). Plaintiff State Farm General Insurance Company
and defendant Watts Regulator Company are members of AF
that signed the AF arbitrati... More...
   $0 (12-03-2017 - CA)

Betco Corporations, Ltd. v. Malcolm D. Peacock, Marily Peacock, B. Holdings, Inc. and E. Holdings, LLC Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Betco Corporation purchased the assets
of two bioaugmentation companies from Marilyn and
Malcolm Peacock. The Asset Purchase Agreement included
the sale of equipment at the Peacocks’ Beloit, Wisconsin plant.
Betco asked Malcolm to remain at the Beloit plant after the
sale as president. Eventually, Betco discovered that the Beloit
plant was delivering defective products to c... More...
   $0 (11-27-2017 - WI)

Citizens of Humanity v. Applied Underwriters, Inc.

Defendants and appellants Applied Underwriters, Inc.
(Applied Underwriters), California Insurance Company (CIC),
Continental Indemnity Company (CNI), Applied Risk Services,
Inc., Joan Sheppard, Westin Fredrick Penfield, and Michael Scott
Wichman (collectively, defendants) appeal from an order denying
their petition to compel arbitration of a dispute with plaintiffs
and resp... More...
   $0 (11-26-2017 - CA)

LAKEWOOD PROPERTY OWNERS' ASSOCIATION AND MARK HARRIS SAMUELS V. KYLE SMITH AND CHRISTINE SMITH

This case comes before us after extensive litigation and for the second time
on appeal. The record from the first appeal reveals that the Appellants‟ submitted
their plans to build their carport to the LPOA Architectural Review Committee
(ARC),1 who rejected the plans for failure to comply with the LPOA building
restrictions. Specifically, the Building Restrictions req... More...
   $0 (11-24-2017 - LA)

Baltazar Salzar Salazar and Walter Salazar Pest Control v. Hometeam Pest Defense, Inc. f/k/a Rollins HT, Inc. Lee County Courthouse - Fort Myers, Florida

Baltazar Salazar, a former pest control technician with Hometeam Pest Defense, Inc., appeals the trial court's nonfinal order granting Hometeam's motion for temporary injunction. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(B). We
- 2 -
reverse and remand for the trial court to enter an order consistent with the requirements of Florida Rule of Civil Procedure 1.610.
Background... More...
   $0 (11-20-2017 - FL)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

McMillin Management Services, LP v. Financial Pacific Insurance Company

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of part III.C.

McMillin Management Services, L.P. and Imperial Valley Residential Valley
Residential Builders, L.P. (collectively "McMillin")1 filed this action against numerous
insurance companies, including respondents Lexington Insurance Company (Lexington)
... More...
   $0 (11-15-2017 - CA)

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D. Supreme Court of Appeals - Charleston, West Virginia

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional ... More...
   $0 (11-13-2017 - WV)

Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf... More...
   $0 (11-08-2017 - IA)

The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro... More...
   $0 (11-07-2017 - CA)

Saefaldin Rahmati and Abdul Saeed Assadi Rahmati v. AJBJK, L.L.P. Fort Bend County Courthouse - Richmond, Texas

Appellants, Saefaldin Rahmati and Abdul Saeed Assadi Rahmati (collectively, “the Rahmatis”), challenge the trial court’s judgment, rendered after a trial to the court, in favor of appellee, AJBJK, L.L.P., in its suit against them for a
2
declaratory judgment, a permanent injunction, and damages. In three issues, the Rahmatis contend that the evidence supporting the trial court’s declarator... More...
   $0 (11-06-2017 - )

Steve Jameson v. Pacific Gas and Electric Company

Steve Jameson sued pacific Gas and Electric Company (PG&E) for wrongful
termination and breach of the covenant of good faith and fair dealing. He alleged PG&E
fired him in violation of an implied-in-fact employment contract not to terminate his
employment without good cause. PG&E moved for summary judgment on the grounds
that Jameson was an at-will employee and, alternatively, that... More...
   $0 (11-02-2017 - CA)

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