Indemnity Law
 
United States of America v. Ross H. Mandell and Adam Harrington

Defendant-Appellants Ross Mandell and Adam Harrington appeal from judgments of conviction entered on May 7, 2012, in the United States District Court for the Southern District of New York (Paul A. Crotty, Judge), following a five-week jury trial. The jury found both Mandell and Harrington guilty of all four of the counts charged against them: (1) conspiracy to commit securities fraud, wire fraud, ... More...   $0 (05-16-2014 - NY)

Eric Dennis Sykora v. State Department of State Hospitals

Failure to follow the requirements of the Government Tort Claims Act often bars a plaintiff from filing an action against a state agency. (Gov. Code, § 900 et seq.) But not always. The Act recognizes that in certain cases an inflexible application of its requirements produces an unjust result for which relief is available. The instant case is an example. We hold the timely filing and apparent acc... More...   $0 (05-06-2014 - CA)

Martin E. and Mary E. McGonagle v. Stewart Title Guaranty Company, et al

Martin E. McGonagle, M.D. and his wife, Mary E. McGonagle appeal the trial court’s summary judgment on their claims against Stewart Title Guaranty Company and Stewart Title Company d/b/a Central Texas Title for breach of contract, negligence, gross negligence, and violations of the Texas Insurance Code and Texas Deceptive Trade Practices Act. Bringing three issues, the McGonagles generally conte... More...   $0 (05-06-2014 - MO)

K. R. Thiagarajan v. Sharma Tadepalli

These consolidated appeals arise from litigation involving leaders of The Sri Meenakshi Temple Society (“MTS”), a non-profit corporation that owns and operates a temple in Pearland, Texas. MTS’s purposes include building and maintaining “a Temple complex in the Houston, Texas and surrounding metropolitan area with Goddess Sri Meenakshi as the main Deity in accordance with the Hindu Religio... More...   $0 (04-30-2014 - TX)

Mega RV Corporation v. HWH Corporation

This case began with a prosaic dispute. John and Dawn Ertz (collectively the Ertzes) purchased a motor home from retailer Mega RV Corporation (Mega RV). Citing alleged defects in the motor home, the Ertzes sued Mega RV, Country Coach, L.L.C. (Country Coach; the manufacturer of the motor home), and Bank of America, N.A. (Bank of America; the financier of the transaction) under the Song-Beverly Cons... More...   $0 (04-30-2014 - CA)

DKN Holdings, LLC v. Wade Faerber

Plaintiff DKN Holdings LLC (DKN) appeals from a judgment of dismissal after the trial court sustained, without leave to amend, defendant Wade Faerber’s demurrer to DKN’s complaint for monies due under a commercial lease. (Code Civ. Proc., § 430.10 subd. (e).)1 DKN also appeals from a postjudgment order awarding Faerber $54,817.50 in attorney fees as the prevailing party in the action on the l... More...   $0 (04-25-2014 - CA)

Linda Hopkins v. Jerek Kedzierski

In May 2008, Linda Hopkins fell from an outdoor balcony at the offices of her employer, Perfect Smile Dental Ceramics, Inc. (Perfect Smile). As a result of the injuries 2 she suffered in the fall, she was unable to work. Jurek Kedzierski (Jurek) and Margo Kedzierski (Margo) own Perfect Smile and also own the office building in which Perfect Smile is located.1 Shortly after her accident, Hopkins be... More...   $0 (04-16-2014 - CA)

H.B. Krug v. Helmerich & Payne, Inc., et al.

H.B. Krug, Kathryn Krug and Bobbie Krug

v.

AMERICAN NATURAL GAS PRODUCTION CO , 3rd Party Defendant
ANR PRODUCTION CO , 3rd Party Defendant
BECKMAN, ROBERT C MD , 3rd Party Defendant
BENNETT, BRYAN M , 3rd Party Defendant
BIANCHI, GLEN , 3rd Party Defendant
BIANCHI, JOSEPH , 3rd Party Defendant
COLT DEVELOPMENT LLC , 3rd Party Defendant
CONCISE OIL &... More...
   $3650000 (04-04-2014 - OK)

Renata Wadsworth v. Allied Professionals Insurance Company, A Risk Retentional Group, Inc.

The federal Liability Risk Retention Act of 1986, 15 U.S.C. § 3901, et seq. (“the LRRA” or “the Act”), contains sweeping preemption language that sharply limits the authority of states to regulate, directly or indirectly, the operation of risk retention groups chartered in another state. Id. § 3902(a). A provision of New York’s insurance law requires that any insurance policy issued in... More...   $0 (04-04-2014 - NY)

Dittmann Properties, LLC v. Workspace Resources, Inc., Haworth, Inc. and Haworth, LTD.

Dittmann Properties, LLC v. Workspace Resources, Inc., Haworth, Inc. and Haworth, LTD.

Issue # 1.
Issue: BREACH OF CONTRACT (CONTRACT)
Filed by: DITTMANN PROPERTIES LLC
Filed Date: 12/21/2010
Party Name: Disposition Information:

Defendant: WORKSPACE RESOURCE INC
Disposed: OTHER, 01/27/2014.

Defendant: WORKSPACE RESOURCE INC
Disposed: DIS... More...
   $0 (04-02-2014 - OK)

Allstate Insurance Company v. R D Painting Services, LLC and Baker Pools, LLC v. Shurlock Homes, Inc.

Allstate Insurance Company v. R D Painting Services, LLC and Baker Pools, LLC v. Shurlock Homes, Inc.

Issue # 1.
Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed by: ALLSTATE INSURANCE COMPANY
Filed Date: 09/12/2013
Party Name: Disposition Information:

Defendant: BAKER POOLS LLC
Disposed: DISMISSED - WITH PREJUDICE, 03/10/2014. Dismissed- Settled.

Def... More...
   $0 (04-02-2014 - OK)

Centinela Freeman Emergency Medical Associates v. Health Net of California, Inc.

The law imposes a duty on emergency room physicians to treat patients regardless of their ability to pay. When those patients are enrollees in health care service plans (HMO’s),1 the law imposes an obligation on the HMO’s to reimburse the physicians for emergency treatment provided to the enrollees, even when the physicians were not under contract to the HMO’s. HMO’s sometimes delegate the... More...   $0 (04-02-2014 - CA)

Michael Bock v. Craig Hansen

A 41-foot long, 7,300 pound tree limb crashed onto the home of appellants Michael and Lorie Bock, an incident they reported to their homeowner’s insurer, Travelers Property and Casualty Insurance Company (Travelers). Travelers assigned respondent Craig Hansen to adjust the loss, whose behavior, as alleged by the Bocks, can best be described as appalling. On Hansen’s first visit to the scene (w... More...   $0 (04-02-2014 - CA)

Charles Jay De Groot v. Standley Trenching, Inc. d/b/a Standley & Co.

Appellant, Charles DeGroot and DeGroot Farms, LLC (collectively “DeGroot”), appeals the district court’s entry of summary judgment on its claims against Standley Trenching, Inc. d/b/a Standley & Co. (“Standley”), relating to the construction and installation of a manure handling system at the DeGroot dairy. Beltman Construction, Inc., d/b/a Beltman Weldling and
2
Construction (... More...
   $0 (03-28-2014 - ID)

The Netherlands Insurance Co. v. Main Street Ingredients, LLC

Malt-O-Meal Company (Malt-O-Meal) sued Main Street Ingredients, LLC (Main Street) in Minnesota state court, which suit involved the June 2009 voluntary recall of dried milk Main Street bought from Plainview Milk Products Cooperative (Plainview) and sold to Malt-O-Meal. The Netherlands Insurance Company (Netherlands) sued its insured, Main Street, in federal court, seeking a declaratory judgment as... More...   $0 (03-18-2014 - MN)

North Counties Engineering v. State Farm General Insurance Company

North Counties Engineering, Inc. (NCE), an engineering company, and Gary Akerstrom, its president (sometimes collectively, appellants), were sued in 2004 in two lawsuits that sought property damage arising out of the construction of a dam completed in 1999. Appellants tendered defense of the lawsuits to State Farm General Insurance Company (State Farm), under a business policy it had issued to NCE... More...   $0 (03-13-2014 - CA)

Robert Krien v. Harsco Corporation

Before us is an appeal in a personal injury suit brought by an employee of Riley Construction named Krien. Riley, the general contractor of a construction project in Wisconsin, had hired Harsco Corporation to sup2

No. 13‐2272

ply scaffolding for the project. Krien, injured in a fall when a plank on a scaffold that he was standing on broke, sued Harsco. The parties settled his claim... More...
   $0 (03-13-2014 - WI)

Quiktrip Corporation v. Abatement Systems, Inc. v. D-T Specialized Services, Inc.

Quiktrip Corporation v. Abatement Systems, Inc. v. D-T Specialized Services, Inc.

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: QUIKTRIP CORPORATION
Filed Date: 06/03/2008
Party Name: Disposition Information:

Defendant: ABATEMENT SYSTEMS INC
Disposed: JUDGEMENT FOR DEFENDANT, 05/19/2010. Jury Trial.

Plaintiff: QUIKTRIP ... More...
   $18500 (03-11-2014 - OK)

Tulsa Stockyards, Inc. v. Jason Clark

¶1 In this original proceeding, Tulsa Stockyards, Inc. (petitioner) challenges the constitutionality of the CompSource Mutual Insurance Company Act (Act), 2013 Okla. Sess. Laws, ch. 254 (codified at 85 O.S.Supp.2013, §§ 375.1 et seq.). The Act requires that CompSource Oklahoma (CompSource) be restructured to do business as a domestic mutual insurer without capital stock or shares under the name... More...   $0 (03-11-2014 - OK)

George Saffie, Jr. v. Robert Schmeling

This case arises from a real estate transaction that did not turn out as well for the buyer, plaintiff George Saffie, Jr. (buyer), as he had hoped. Saffie brought suit against his broker, Anthony Burton (buyer’s broker) and his firm, Burton Commercial, Inc., as well as the seller, Yousef Sasa (seller), and the seller’s broker, Robert Schmeling (seller’s broker). Defendants filed cross-compla... More...   $0 (03-07-2014 - CA)

WCW International, Inc., and Chris Wilmot v. Jerry W. Broussard, Ronnie D. LaBorde, David M. Kernion, David O. Strickland, Craig M. Borel, Kevin J. Roussel, George A. Lowery and Carlos O. Giron

This consolidated appeal concerns a Stock Purchase Agreement (“SPA”) entered into among appellant/cross-appellee WCW International, Inc. (“WCW”),

2

and appellees/cross-appellants Jerry Broussard, Ronnie D. Laborde, David M. Kernion, David O. Strickland, Craig M. Borel, Kevin J. Roussel, George A. Lowery, and Carlos O. Giron. In the SPA, WCW agreed to purchase stock from appel... More...
   $0 (03-04-2014 - TX)

Michael Garrett v. Estate of Maynard K. Selan

Michael Garrett and Ellen Garrett sued the Estate of Maynard K. Selan and William Robert Alston on auto negligence theories claimed to have been injured or harmed as a direct result of a car wreck caused by Defendants that occurred in Tulsa County, Oklahoma on June 15, 2007. Three vehicles stopped on the highway, the last of which was driven by non-party Juan Haro. Ellen Garrett claimed $120,002.... More...   $1 (03-04-2014 - OK)

Jason Michael Hughes v. Gregory Allen Bates and Raymond Merrill

Jason Michael Hughes sued Gregory Allen Bates and Raymond Merrill on breach of contract, assault and batter, intentional infliction of emotional distress, and false imprisonment theories.

Gregory Allen Bates counterclaimed seeking damages.

Raymond Merrill cross claimed against Bregory Allen Bates claiming a right to indemnity.

The Pre-Trial Order provided, in part:
... More...
   $0 (02-27-2014 - OK)

John Wilkerson v. Government Employees Insurance Company, et al.

1. On or about December 30, 2007, the Plaintiff was involved in a motor vehicle accident proximately caused by the negligence of an uninsured motorist. As a result of the accident Plaintiff incurred medical expenses, will incur future medical expenses, has suffered in the past and will suffer in the future excmciating mental and physical pain and suffering, and has suffered injuries which are perm... More...   $0 (02-20-2014 - OK)

In the Estate of Alvilda Mae Aguilar

Anthony C. Aguilar and Michael A. Aguilar appeal the probate court’s order approving a claim filed by Margaret Morales. Morales sought reimbursement of the attorney’s fees she incurred in defending against the Aguilars’ lawsuit alleging that she breached the fiduciary duty she owed to AlvildaMae Aguilar under the terms of a durable power of attorney. Because Morales was also the independent... More...   $0 (02-19-2014 - TX)

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