This appeal presents the final set of issues arising from claims of negligent construction of a condominium project in south Mississippi. The remaining parties are a contractor and two insurers. The district court held that a subcontractor’s Commercial General Liability (“CGL”) insurer breached its duty to defend the general contractor. Disputed on appeal are the district court’s holding t... More...   $0 (02-11-2014 - MS)

This appeal arises out of a worker’s compensation case in which Michael Vawter sought compensation from his employer, United Parcel Service (UPS), for a back injury he claims he suffered as a result of his employment. In turn, UPS attempted to establish that Vawter did not suffer a compensable injury, but if he did the State of Idaho’s Industrial Special Indemnity Fund (ISIF) is liable for a p... More...   $0 (02-07-2014 - ID)

Preben Olesen ["Olesen"] appeals a partial final judgment entered against him and in favor of General Electric Capital Corporation ["GECC"], in which the trial court dismissed all claims against GECC for failure to state a cause of action and denied Olesen's ore tenus motion to amend his Second Amended Complaint.

On November 25, 2009, Olesen filed a complaint against Lowndes, Drosdick, Dost... More...   $0 (02-07-2014 - FL)

Old Republic Insurance Company (“Old Republic”) and BNSF Railway Company (“BNSF”) appeal from the trial court’s denial of their post-judgment motion to intervene as a matter of right under Rule 52.12(a)(2)1 in a personal injury and property damage lawsuit brought

1 References to rules are to Missouri Court Rules (2013).

2

by Ricky Lee Griffitts (“Griffitts”) agai... More...   $0 (02-06-2014 - MO)

FCCI Commercial Insurance Company (FCCI) seeks a writ of certiorari to review the order staying its declaratory judgment action against its insured pending the resolution of an arbitration action and liability action between the insured and a third party. For the reasons explained below, we grant the petition.

Facts

The underlying arbitration and liability actions arise from James Ar... More...   $0 (02-05-2014 - FL)

Megan Hanson Mosteller was charged with theft of government funds, in violation of 18 U.S.C. § 641. As a result of evidentiary problems occurring during her trial, Mosteller moved for a mistrial, which the district court granted on the condition that she waive her rights under the Speedy Trial Act, 18 U.S.C. §§ 3161 through 3174 (the Speedy Trial Act, or the Act). More than 70 days after the mi... More...   $0 (02-04-2014 - SC)

Plaintiffs, Michael S. and Jill Smith ( “Plaintiffs” or “Smiths”), for their claims against Defendants, Wayne Griffiths Homes, Inc. (“WGHI”) and Wayne Griffiths (“Mr. Griffiths”), hereby allege and state as follows: THE PARTIES

I. Plaintiffs are residents of Oklahoma County, Oklahoma.

2. Defendant, WGHI, is an Oklahoma corporation engaged in the business of constr... More...   $0 (02-03-2014 - OK)

¶1 We granted certiorari to consider whether an “unexplained” fall -- i.e., a fall with a truly unknown cause or mechanism -- satisfies the “arising out of” employment requirement of Colorado’s Workers’ Compensation Act, section 8-41-301(1)(c), C.R.S. (2013), and is thus compensable as a work-related injury. We also granted certiorari to decide whether an employer fails to meet i... More...   $0 (02-03-2014 - CO)

Jerome Cha v. 357 Inc., d/b/a Reco Enterprises a/d/b/a Reco Construction company and others breach of contract, breach of implied warranty, breach of duty of good faith and fair dealings, and professional negligence theories.

Defendants answered cross claimed and counterclaimed.

The parties agreed that the following facts were not disputed:

1. On September 12, 2008, Dr. ... More...   $0 (01-31-2014 - OK)

When Lisa Okoh-Brown and Mark Brown divorced in Texas, they agreed that Mark would receive a condominium located in Tampa, Florida as part of the marital property division. Mark defaulted on the condominium’s note, and the

2

bank named Lisa as a defendant in a Florida foreclosure proceeding. Lisa sought to extricate herself from the Florida proceeding by filing a motion to enforce ... More...   $0 (01-28-2014 - TX)

¶1 Harman-Bergstedt and its insurer sought review of the judgment of the court of appeals reversing an Industrial Claim Appeals Office decision, which had disallowed Loofbourrow’s award of temporary disability benefits. The ICAO panel had reasoned that once Loofbourrow’s treating physician placed her at maximum medical improvement, notwithstanding the failure of her injury to result in a... More...   $0 (01-27-2014 - CO)

Colorado Supreme Court Opinions || January 27, 2014

Colorado Supreme Court -- January 27, 2014 2014 CO 5. No. 11SC926. Harman-Bergstedt, Inc. v. Loofbourrow.

The Supreme Court of the State of Colorado 2 East 14th Avenue • Denver, Colorado 80203

2014 CO 5

Supreme Court Case No. 11SC926 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 10CA2176
<... More...   $0 (01-27-2014 - CO)

Defendant Nicholas J. Mora appeals from a judgment in favor of plaintiff Welco Electronics, Inc., and against defendant, on plaintiff’s claim for conversion, and against defendant and in favor of plaintiff on defendant’s cross-complaint. Defendant contends the trial court erred in denying his motion for nonsuit based on the ground of insufficient evidence to support the plaintiff’s cause of ... More...   $0 (01-23-2014 - CA)

Brandy Jones sued Scott Tribble, Carolyn Schaum, and Madeline Schaum on auto negligence theories claiming:

1. This case arises out of a motor vehicle collision that occurred on or about March 20, 2010, in or near the City of Broken Arrow, County of Tulsa, State of Oklahoma.

2. On or about said date, Plaintiff was riding as a passenger in a vehicle driven by Russell Turner. Mr. Tu... More...   $0 (01-21-2014 - OK)

American National Property and Casualty Company (ANPAC) appeals from the district court’s grant of summary judgment in favor of Physicians Liability Insurance Company (PLICO) in a dispute regarding ANPAC’s breach of its duty to defend a co-insured. PLICO cross-appeals the district court’s denial of its motion for prejudgment interest. We AFFIRM.

I

In November 2004, Dr. Asha... More...   $0 (01-21-2014 - OK)

Norman, OK - State of Oklahoma v. Stefanie Ann Shaffer:

Count # 1. Count as Filed: DU8II, poss of cds, in violation of 63 O.S. 2-402
Date of Offense: 01/02/2013


Party Name

Disposition Information

Shaffer, Stefanie Ann Disposed: DEFERRED, 01/16/2014. Guilty Plea
Count as Disposed: poss of cds(DU8II)
Violation of 63 O.S. 2-402


... More...   $0 (01-16-2014 - OK)

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT) Filed by: SORTET, TIMOTHY Filed Date: 04/05/2011 Party Name: Disposition Information: Defendant: C&D HOMES LLC Disposed: DISMISSED - WITH PREJUDICE, 01/15/2014. Dismissed- Settled. Defendant: Mid-Continent Concrete Company Disposed: DISMISSED - WITH PREJUDICE, 01/15/2014. Dismissed- Settled.

Issue # 2. Issue: BREACH... More...   $0 (01-15-2014 - OK)

Cecelia Elmore sued Thomas Earl Davie, III and R. Lopez Trucking on auto negligence theories claiming:

1. Plaintiff is an individual that resides in Tulsa, Oklahoma.

2. The vehicular wreck that is the subject of this lawsuit occurred in Tulsa County, State of Oklahoma.

3. Defendant Thomas Earl Davie, III, is a commercial truck driver that was operating a commercial truck... More...   $1 (01-02-2014 - OK)

Appellant Jorge L. Vasquez contends the trial court abused its discretion in sustaining respondent Franklin Management Real Estate Fund, Inc.’s demurrers to appellant’s claims for constructive discharge in violation of public policy and intentional infliction of emotional distress. The trial court found appellant’s allegation that respondent violated the Labor Code by assigning appellant tas... More...   $0 (12-31-2013 - CA)

Relator Toni Dykhoff fell and dislocated her left patella while attending a required training session at the general office of her employer, Xcel Energy. Dykhoff filed a claim for workers’ compensation benefits. The compensation judge held a hearing, found that Dykhoff’s injury did not arise out of and in the course of her employment, and denied Dykhoff’s claim. Dykhoff appealed to the Worke... More...   $0 (12-26-2013 - MN)

Gary Don Scales and Kimberly Scales sued Unit Drilling and Exploration Company, Unit Drilling Company, Samson Resource Company, Samson Oil & Gas Development, Inc. and Samson Lonestar, LLC which in turn sued BOP Ram Block & Iron Rentals, Inc.:

Issue # 1.
Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed by: SCALES, GARY DON
Filed Date: 10/25/2011
Party Name: Disposition Informa... More...   $1 (12-24-2013 - OK)

Robert Newton sued Choice Sanitation Services, Inc. and David A. Reilly on an auto negligence theory.

The claims made by Plaintiff are not available.

Defendants appeared and answered as follows:

1. These Defendants deny generally and specifically each and every material allegation contained in the Petition of the Plaintiff except that which may be hereinafter admitted.More...   $0 (12-24-2013 - OK)

Robert Benavides sued Joshua Hinchliff, Sheryl Aylor and Geico Indemnity Company on auto negligence theories claiming:

FIRST CAUSE OF ACTION: NEGLIGENCE

1. That on or about October 17, 2010, at or near the intersection of SW 134th Street and S. Western Avenue, Oklahoma City, Cleveland County, State of Oklahoma, Defendant, Joshua Hinchliff; negligently drove a motor vehicle causin... More...   $1 (12-23-2013 - OK)

This is the latest appeal arising from the City of San Diego's (the City) infamous underfunding of its employment retirement system. In 2002 the Board of Directors (board) of the San Diego City Employees' Retirement System (SDCERS) approved the City's proposal to modify the funding plan to delete the potential of a balloon payment if the underfunded ratio fell to a certain level, in exchange for t... More...   $0 (12-23-2013 - CA)

David G. Stuart sued Jeannie Beddell, Pet Adoption League, Inc., Virginia Robertson, Petsmart, Inc. and Petsmart Charities, Inc. on the following theories:

Issue # 1.
Issue: STRICT LIABILITY (LIABLE)
Filed by: STUART, DAVID G
Filed Date: 09/26/2012
Party Name: Disposition Information:

Defendant: BEDDELL, JEANNIE
Disposed: DISMISSED - WITH PREJUDICE, 11/... More...   $0 (12-23-2013 - OK)