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Indemnity Law
 
James Stuart, individually and on behalf of all others similarly situated; Careda L. Hood v. State Farm Fire and Casualty Company





State Farm Fire and Casualty Company appeals the district court’s1 ruling
certifying a class of Arkansas homeowners who allege that State Farm improperly
withheld amounts for labor depreciation when making payments under their insurance
policies. We held th... More...
   $0 (12-08-2018 - AR)

Travelers Property Casualty Company of America v. Engel Insulation, Inc.

Plaintiffs Travelers Property Casualty Company of America, the Travelers
Indemnity Company of Connecticut, and St. Paul Fire and Marine Insurance Company
(collectively, Travelers) filed this action against certain subcontractors to recover
attorneys’ fees and costs Travelers incurred in defending developers Westlake Villas,
LLC and Meer Capital Partners, LLC (collectively, Westlak... More...
   $0 (12-02-2018 - CA)

United States of America v. Carl Jeffrey Campbell




Des Moines, IA - Orient Man Sentenced for Federal Crop Insurance Fraud

Carl Jeffrey Campbell, age 71, of Orient, Iowa, was sentenced by United States District Court Chief Judge John A. Jarvey to three years of supervised release, with four months of home confinement... More...
   $0 (11-28-2018 - IA)

David Morgan v. Claudia Davidson

Plaintiff, cross-defendant and respondent David Morgan sued Daniel Pena and
defendant, cross-complainant and appellant Claudia Davidson for battery. Davidson
filed a cross-complaint against Morgan, alleging (1) assault, (2) battery, (3) conversion,
2
and (4) invasion of privacy. The trial court found in favor of Morgan and awarded him
$209,000. Davidson raises three issues on ... More...
   $0 (11-27-2018 - CA)

James Haitz, Karen Haitz, Zachary Haitz and Christian Haitz v. Geico General Insurance Company and Starr Indemnity and Liability Company




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Tampa, FL - James Haitz, Karen Haitz, Zachary Haitz and Christian Haitz sued Geico General Insura... More...
   $0 (11-09-2018 - FL)

Citizens For Amending Proposition L v. City of Pomona

In June 1993, appellant City of Pomona (Pomona) entered
into an agreement with non-party Regency Outdoor Advertising,
Inc. (Regency). Pursuant to that agreement, Regency erected
advertising billboards alongside several Pomona freeways.
Shortly thereafter, in November 1993, the citizens of Pomona
passed a ballot initiative, Proposition L (Prop. L), which
prohibited the const... More...
   $0 (11-09-2018 - CA)

AMN Healthcare, Inc. v. AYA Healthcare Services, Inc.

Solomon Ward Seidenwurm & Smith, William V. Whelan, Mei-Yin M. Imanaka
and Deborah A. Yates, for Defendants, Cross-complainants, and Respondents.
Plaintiff AMN Healthcare, Inc. (AMN) appeals (1) the judgment in favor of
defendants Kylie Stein, Robin Wallace, Katherine Hernandez, Alexis Ogilvie (sometimes
collectively, individual defendants) and Aya Healthcare, Inc. (Aya) (sometimes... More...
   $0 (11-02-2018 - CA)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-29-2018 - CA)

Thee Sombrero, Inc. v. Scottsdale Insurance Company

Thee Sombrero, Inc. (Sombrero) owns a commercial property in Colton. Pursuant
to a conditional use permit (CUP), Sombrero’s lessees operated the property as a
nightclub called El Sombrero. Crime Enforcement Services (CES) provided security
2
guard services at the nightclub. In 2007, after a fatal shooting at the nightclub, the CUP
was revoked and replaced with a modified CUP, ... More...
   $0 (10-27-2018 - CA)

Michael E. Barri v. The Workers' Compensation Appeals Board

Michael E. Barri (Barri), Tristar Medical Group (Tristar), and Coalition for
Sensible Workers’ Compensation Reform (CSWCR) petitioned this court pursuant to
Labor Code section 5955 (all further statutory references are to the Labor Code, unless
otherwise indicated). They seek a peremptory or alternative writ of mandate, prohibition,
or other appropriate relief directing the Workers... More...
   $0 (10-21-2018 - CA)

Marty Lat v. Farmers New World Life Insurance Company

In 1993, Maria Carada purchased an “occurrence”
life insurance policy from Farmers New World Life Insurance
Company (Farmers) and named her sons Marty and Mikel Lat
(collectively the Lats) as beneficiaries. The policy included
a rider under which Farmers agreed to waive the cost of the
insurance while Carada was disabled if Carada provided Farmers
with notice and proof of h... More...
   $0 (10-17-2018 - CA)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-15-2018 - CA)

United States of America v. Martin Enterprises, Inc. and Philadelphia Indemnity Insurance Company

Fort Wayne, IN - Settlement with Martin Enterprises, Inc. and Its Surety for Submitting False Claims For Demolition Work under the U.S. Treasury’s Blight Elimination Program

A pre-suit settlement was reached under the False Claims Act for fraudulently submitted claims payable with federal Blight Elimination Program funds for demolition work not performed properly.

During 2008, th... More...
   $0 (10-07-2018 - IN)

Mike Hughes Architects, P.C. v. Mettemyer Engineering, LLC, Lithko Contracting, LLC and Tri Star Constution, LLC

Tulsa, OK - Mike Hughes Architects, P.C. v. Mettemyer Engineering, LLC, Lithko Contracting, LLC and Tri Star Constution, LLC on an indemnity theory relating to a damage claim being made by Stoney Creek Investors of Broken Arrow, LLC relating to a foundation damage claim relating to the Stoney Creek Hotel and Conference Center.



State of Oklahoma v. Lindsey Deishon Duf... More...
   $0 (10-05-2018 - OK)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-03-2018 - CA)

Khalda Jabo v. YMCA of San Diego County

Defendant and respondent YMCA of San Diego County (Respondent or the
YMCA) provides a number of automatic external defibrillators (AEDs) on its premises,
for the emergency use of its members, employees and users of the premises. (Health &
2
Saf. Code,1 § 1797.196, subd. (b) [regulatory scheme when AEDs are provided on
premises].) Plaintiffs and appellants are the Jabo family, ... More...
   $0 (09-30-2018 - CA)

Sara Hart v. Clear Recon Corp.

Following summary judgment against plaintiffs Sara and
Guy Hart in this wrongful foreclosure action, defendant
Nationstar Mortgage LLC obtained its attorney’s fees as
prevailing party, based on a clause in the deed of trust. On
appeal from the fee award, the Harts contend the clause in
question is not an attorney’s fees provision. We agree and
reverse.
FACTUAL AND PROCE... More...
   $0 (09-22-2018 - CA)

KAYLA FLUTH v. SCHOENFELDER CONSTRUCTION, INC. and LARRY WEISSER MoreLaw Suites - The Best Place In Tulsa To Practice Law

On June 3, 2012, a disgruntled tenant set off a gas explosion in the basement of one of Weisser’s Mitchell, South Dakota rental properties. The explosion lifted the house off its foundation and caused extensive damage to the interior. After visiting the site, Weisser contacted Schoenfelder to demolish the home and grade the property to normal elevation. [¶3.] Shortly after Schoenfelder began te... More...   $0 (09-19-2018 - SD)

Joe R. Whatley v. Canadian Pacific Railway Company District of North Dakota Federal Courthouse - Bismarck, North Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.
I.BACKGROUND
On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sai... More...
   $0 (09-18-2018 - ND)

Christopher Vasquez v. Solo 1 Kustoms, Inc.

Defendant SOLO 1 Kustoms, Inc. (SOLO) appeals a
judgment in favor of plaintiff Christopher Vasquez. After a bench
trial, the court found SOLO liable for performing unauthorized
repair work on Vasquez’s car in violation of Business and
Professions Code section 9884.9, and awarded Vasquez $12,000
in damages. On appeal, SOLO contends there is no private cause
of action for vio... More...
   $0 (09-15-2018 - CA)

SHURONDA DAVIS V. REMINGTON ARMS COMPANY; XL INSURANCE COMPANY; AND GALLAGHER BASSETT SERVICES, INC.

Davis, who worked for Remington Arms Company (Remington), slipped and fell on her hands and knees when she was at work on April 22, 2016. Remington paid medical benefits for treatment of Davis’s compensable injuries to her right arm and left knee.

2 When Davis later claimed injuries to her thumbs and lumbar spine from the fall, Remington controverted those claims. At a hearing... More...
   $0 (09-05-2018 - AR)

Alaqua Lake Community Association, Inc. v. Taylor Morrison of Flrodia, Inc., et al. Seminole County Courthouse - Sanford, Florida

Sanford, FL - The Alaqua Lakes Community Association, Inc. sued Taylor Morrison of Flrodia, Inc., et al. on negligence theories claiming that the Defendants negligently constructed roads in and leading to the Association's property to its detriment and damage.

DATE NUMBER DOCKET CODE DESCRIPTION PAGES VIEW
08/30/2018 940 JINS JURY INSTRUCTIONS (FILED IN OPEN COURT) 30
08/3... More...
   $3800000 (09-05-2018 - FL)

MARILYN E. BATMAN, Trustee of the BATMAN REVOCABLE TRUST NO. 1, v. KENT A. DEUTSCH, d/b/a DEUTSCH OIL COMPANY v. ROBRO ROYALTY PARTNERS, LTD., a Texas Limited Partnership, and BITTER END ROYALTIES, LP,

On October 1, 1983, Helen Morrison conveyed to Ralph Stalcup an 80-acre tract of real property located in Stafford County. This property was subject to a 1967 oil and gas lease (the Morrison Lease) entitling the lessor to a one-eighth royalty. The original lessor had drilled an oil well on the property in 1970. In the general warranty deed conveying the property, Morrison reserved mineral rights t... More...   $0 (08-30-2018 - KS)

Alfredo Fuentes v. TMCSF,Inc.

Plaintiff Alfredo Fuentes entered into a written agreement with defendant TMCSF,
Inc., doing business as Riverside Harley-Davidson (Riverside), to buy a motorcycle. At
the same time, he entered into a written agreement with Eaglemark Savings Bank
(Eaglemark) to finance the purchase. The latter agreement included an arbitration clause;
the former agreement did not.
2
Fuentes... More...
   $0 (08-24-2018 - CA)

Michael Colaco v. Cavotec SA

Michael Colaco, and April Barry appeal from the judgment entered against them in this action
arising from Inet’s sale of its assets to respondents Cavotec SA and Cavotec Inet US, Inc.
(collectively Cavotec). Colaco was Inet’s sole shareholder and its chief executive officer
and Barry was Inet’s director of administration. After the transaction, Colaco became
Cavotec Inet US, Inc.’s... More...
   $0 (08-11-2018 - CA)

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