This dispute questions whether the economic loss doctrine, which began as a prohibition against certain product liability actions, extends to tort claims brought by homeowners against residential service contractors for poor workmanship. The district court and Court of Appeals applied the doctrine and dismissed the homeowners' negligence theories. But we hold the doctrine should not apply. Our exi... More...   $0 (12-30-2011 - KS)

Defendant appeals by right the judgment awarding plaintiff $27,530 for overpayment of no-fault work loss benefits. We vacate the judgment and remand for an evidentiary hearing and further proceedings consistent with this opinion.

Defendant was injured on February 11, 2005. She received no-fault work loss benefits from plaintiff and disability insurance benefits from another insurer. Plainti... More...   $0 (12-27-2011 - MI)

Plaintiff-Appellant Olivea Marx appeals from the district court's judgment in favor of Defendant-Appellee General Revenue Corporation (“GRC”). After a bench trial, the district court found no violation of the Fair Debt Collection Practices Act (“FDCPA”) and awarded costs to GRC in the amount of $4,543. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Background

Ms... More...   $0 (12-21-2011 - CO)

In this domestic relations proceeding, the circuit court in its final order of divorce denied a motion by Cheyep Nkopchieu (mother) to enter a qualified domestic relations order (QDRO) permitting her to attach a retirement account belonging to Raymond Bernard Minlend (father) for the sole purpose of paying father’s very considerable child support arrearage of over $28,000. On appeal, we hold tha... More...   $0 (12-20-2011 - VA)

Ruth Mendenhall appeals the trial court’s grant of summary judgment in favor of Property and Casualty Insurance Company of Hartford (Hartford) on Mrs. Mendenhall’s claim for equitable garnishment of Hartford’s policy for an incident resulting in the death of her husband, Len Mendenhall. We would reverse for the reasons discussed below. However, given the general interest and importance of th... More...   $0 (12-13-2011 - MO)

¶1 Following a jury trial, plaintiffs were awarded damages totaling $39,100 in a personal injury action against defendant, with $30,100 awarded to Marie and $9,000 to Joseph. The trial court entered judgment on the verdict plus costs on September 12, 2006. Plaintiffs appealed the denial of their motion for a judgment notwithstanding the verdict or, in the alternative, a new trial. This court affi... More...   $0 (12-09-2011 - IL)

The trial court found defendant and appellant Hany Malek (Malek) guilty on 10 charges of indirect contempt. In addition to imposing jail time and fines, as well as ordering him to pay attorney fees, the trial court ordered Malek to pay $1.7 million in restitution to a receivership based on what the trial court considered its inherent power to control the proceedings before it and enforce its prior... More...   $0 (11-22-2011 - CA)

¶1 Defendant/Appellant Elena Doubenskaia appeals an order of the district court denying her motion to allow levy and execution against Garnishee Joel Carson, as trustee of the Gary R. Horwitz Trust. Doubenskaia further appeals the district court's grant of Garnishee's motion for attorney fees and costs. On review of the record and applicable law, we affirm the district court.

BACKGROUNDMore...   $0 (10-28-2011 - OK)

In 2002 Kevin O’Connell was awarded damages against Anthony and Paulette Will for the Wills’ failure to pay a promissory note. Under the attorney’s fee provision in the note, O’Connell was also awarded full attorney’s fees and costs. After O’Connell’s attorney engaged in post-judgment collection efforts, Anthony Will paid the judgment. In 2009 Anthony Will filed a request for an orde... More...   $0 (10-28-2011 - AK)

USAmeriBank (the Bank) appeals the circuit court's order blocking its attempt to collect a money judgment against Richard Nelson Klepal, Jr., by garnishing his wages. The issue presented is whether Mr. Klepal, who is currently the head of a family, agreed in writing to the garnishment of his disposable earnings. Because the promissory note that was the basis for the Bank's judgment against Mr. Kle... More...   $0 (10-14-2011 - FL)

In this garnishment proceeding, Ernie and Karen Cline (collectively "the Clines") sought a writ of garnishment to satisfy two domesticated foreign judgments obtained against M. Jay Carter for breach of contract. Carter seeks to avoid enforcement of the domesticated judgments on the ground that the underlying foreign judgments are interlocutory under the laws of the jurisdiction in which they were ... More...   $0 (10-13-2011 - TX)

The issue before us is whether the trial court abused its discretion in setting aside its dismissal order pursuant to Arkansas Rule of Civil Procedure 60 (2010). We hold that, under a strict application of Rule 60, to set aside the order was an abuse of discretion and reverse the trial court’s ruling.

Appellees John and Tasha Sims filed a complaint for breach of contract against John Pint... More...   $0 (10-12-2011 - AR)

Appellants Metro A, LLC; Sun Holdings, LLC; Pop Restaurants, LLC; Golden Restaurants, Inc.; Firebrand Properties, LP; Corral Group, LP; Kansas Corral, LLC; Sunny Corral Management, LLC; Guillermo Perales; Frys Management, LLC; TAG Corral, LLC; and Indie Corral, LLC (collectively, Appellants) appeal the default judgment against them and in favor of Appellee Jessica Polley.

The n... More...   $0 (09-22-2011 - TX)

LEFKOW, District Judge. After being diagnosed with fibromyalgia, chronic pain, anxiety, and depression, Susie Weitzenkamp was awarded long-term disability benefits under an employee benefit plan (“the plan”) issued and administered by Unum Life Insurance Company (“Unum”). Benefits were discontinued a little more than twenty-four months later, when Unum determined that Weitzenkamp had recei... More...   $0 (09-20-2011 - WI)

Appellants Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes (“MRCH”) and Mark Rotella (collectively with MRCH, “Rotella”) and Cole & Cole, P.C., and Robert R. Cole, Jr. (collectively “Cole”) filed a motion for rehearing en banc. We deny the motion for rehearing en banc, but we withdraw our opinion of April 7, 2011, and substitute the following in its place.

... More...   $0 (08-31-2011 - TX)

State Farm Mutual Automobile Insurance Company seeks review of State Farm Mutual Automobile Insurance Co. v. Menendez, 24 So. 3d 809 (Fla. 3d DCA 2010), in which the Third District Court of Appeal determined that the household exclusion in State Farm‟s policy issued to Gilda Menendez is ambiguous and therefore could not be enforced to eliminate coverage for bodily injuries suffered by members of... More...   $0 (08-25-2011 - FL)

¶ 1. Alan Cote appeals from the Chittenden Family Court’s garnishment order directing the Social Security Administration to withhold defendant’s Social Security disability benefits in the amount of $1569 per month to offset alimony arrearages. Husband receives $1569 in Social Security disability and $2721 in veterans’ disability benefits each month. He contends the garnishment order v... More...   $0 (08-12-2011 - VT)

Luzinda Yazzie sued the Law Offices of Farrell & Seldin and Target National Bank on a Fair Debt Collection Practice Act violation theory claiming that Defendants attempted to collect a debt from her for three years that they knew or should have known that she did not owe. Plaintiff was contacted in 2006 by Farrell & Seldin about payment of the debt and she told the caller that she was not the Luc... More...   $1260000 (08-01-2011 - NM)

Complaining of numerous problems related to buses chartered for their transport to and from the annual "Texas-OU weekend" festivities in Dallas, appellants--Tau Kappa Epsilon (TKE), a fraternal social organization alleged to be affiliated with the University of Texas, and Adam Wilson Fomby, a fraternity member who had secured the buses--sued the bus company, appellee USA Bus Charter, Inc. (USA Bu... More...   $0 (07-28-2011 - TX)

Clarence Burnett ("Mr. Burnett") reopened his Chapter 13 bankruptcy proceedings and, thereafter, moved the bankruptcy court to hold in contempt his former spouse, Nancy Jo Burnett ("Ms. Burnett"), and her subrogee, West Virginia's Department of Health and Human Resources, Bureau of Child Support Enforcement (BCSE), for violating the terms of Mr. Burnett's confirmed Chapter 13 repayment plan by see... More...   $0 (07-20-2011 - MO)

Allstate Insurance Company ("Allstate") appeals a judgment in favor of Mildred Jensen in an Equitable Garnishment Action in the amount of $50,000. Allstate contends that the trial court erred in awarding judgment in an amount that nullifies the effect of the "household exclusion" in the policy. Allstate contends that the partial exclusion unambiguously applies to Mildred and limits her recovery to... More...   $0 (07-19-2011 - MO)

After being diagnosed with fibromyalgia, chronic pain, anxiety, and depression, Susie Weitzenkamp was awarded long-term disability benefits under an employee benefit plan (“the plan”) issued and administered by Unum Life Insurance Company (“Unum”). Benefits were discontinued a little more than twenty-four months later, when Unum determined that Weitzenkamp had received all to which she was... More...   $0 (07-11-2011 - WI)

Appellee NC Two, L.P. filed a post-judgment garnishment action against a bank in Athens, Georgia, that purportedly held assets of the judgment debtor, appellant Kenneth Cook. The garnishee/bank was served with the summons of garnishment on April 9, 2009, and NC Two was required to notify debtor Cook of the garnishment action by one of several methods set out in OCGA § 18-4- 64(a). NC Two exercise... More...   $0 (07-05-2011 - GA)

Beata Popek appeals the trial court’s final divorce decree on numerous grounds. We reverse and remand in part and affirm as modified in part.

Background

Beata and John Popek married on June 27, 1991 in Illinois. The couple had a troubled marriage; Beata suffered from depression and John had alcohol problems. John entered an alcohol rehabilitation program in 2002. At that time,... More...   $0 (06-30-2011 - TX)

Jason and Jennifer Inman (“the Inmans”)1 appeal the judgment of the trial court sustaining St. Paul Fire & Marine Insurance Company’s (“St. Paul”) motion for summary judgment. We affirm the judgment of the trial court.

Facts and Procedural History

Because this case is the culmination of two separate lawsuits, an explanation of the underlying lawsuit is necessary in understa... More...   $0 (06-29-2011 - MO)