This water rights case involves the interpretation of a decree in a stream adjudication and, more particularly, the interplay between the right to divert water to storage in a reservoir and the right to divert water for direct application to beneficial use.

The specific issue here is whether the trial court correctly interpreted a 1940 judgment and decree in an adjudication of the water r... More...   $0 (11-19-2012 - CA)

Dawson Farms (Dawson) challenges the Risk Management Agency's ("the RMA") denial of its crop-insurance claim alleging loss due to rot in stored potatoes. The RMA is a federal agency that serves as the reinsurer of Dawson's insurance policy. A final agency review affirmed the RMA's denial of Dawson's claim, finding that the insurance adjuster's sampling of the stored potatoes followed adequate samp... More...   $0 (11-08-2012 - ND)

Title 17 United States Code section 204(a) (section 204) of the Copyright Act provides: “A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner‟s duly authorized agent.â€� We affirm the entry of summary judgment against... More...   $0 (11-07-2012 - CA)

¶1 This case requires us to consider what constitutes constructive notice of unrecorded interests in real property under section 57-3-103 of the Utah Code (Recording Statute). Pioneer Builders (Pioneer) financed the purchase of an RV park (Property). At that time, the Property was subject to several existing recorded leases. But the Property was also subject to several unrecorded leases. When Pio... More...   $0 (11-02-2012 - UT)

When an insured defendant believes its insurer is refusing

to settle a plaintiff's claims in bad faith, the insured can negotiate an independent

pretrial settlement with the plaintiff. These settlements typically involve a stipulated

judgment against the insured, a covenant not to execute on that judgment against the

insured, and an assignment to the plaint... More...   $0 (10-25-2012 - WA)

This is an appeal from an order granting summary judgment in favor of Appellee, Barker Roofing, L.P. (Barker) in a subrogation lawsuit filed by Appellant, American Zurich Insurance Company (AZIC), as Subrogee of the Varsity Golf Club, Ltd d/b/a The University of Texas Golf Club (UT), seeking to recover damages suffered by its insured, UT, due to a fire allegedly caused by Barker. The trial court g... More...   $0 (10-25-2012 - TX)

GEICO Indemnity Company ("GEICO") petitions this court for a writ of certiorari to quash an order determining "contingent" attorneys' fees in favor of the plaintiff. Because the order does not result in irreparable harm, we dismiss the petition.

The trial court entered this order following a jury trial in a case in which Pollie DeGrandchamp sought uninsured motorist benefits. The jury's ver... More...   $0 (10-24-2012 - FL)

COMES NOW the Plaintiff, Daniel Barber and Stephanie Barber, Individually and as Parents and Next Friends of Damion Barber, a minor and Defendant, and make joint application to this Court for an Order approving settlement among the parties and for an Order dismissing with prejudice the claims of Plaintiff. In support of their Application, the parties stipulate as follows:

1. This action ari... More...   $16500 (10-22-2012 - OK)

Appellant, a Tennessee corporation, was sued in strict liability in Montana federal court for injuries resulting from a silo that it sold. The silo was manufactured by respondent, a Minnesota company. Appellant sought common-law indemnity from respondent in Minnesota state court. The district court determined that Montana indemnity law applied and dismissed appellant’s indemnity claim. Because c... More...   $0 (10-22-2012 - MN)

Larry Patterson, as Father and Next Friend of Katie Patterson, a minor, challenges the trial court's final summary judgment in favor of Harco National Insurance Company in Patterson's declaratory judgment action against Harco. In that underlying action, Patterson sought a determination that Drop Ship Direct, Inc., and Sergio Gutierrez, II, were named insureds under a Harco insurance policy issued ... More...   $0 (10-19-2012 - FL)

Appellee, Lexington Insurance Company (“Lexington�), moved for rehearing of our April 19, 2012 opinion. We grant the motion for rehearing, withdraw our April 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Lexington’s May 21, 2012 motion for en banc reconsideration as moot.1

Appellant, Javier Alvarado, s... More...   $0 (10-18-2012 - TX)

Kenneth Cleveland and William Bickley sued Robert V. Johnson and Internet Specialties West, Inc. (IS West). At trial before a jury, they asserted claims for breach of contract, breach of fiduciary duty, and false promise in connection with a $75,000 investment made pursuant to a February 1995 agreement. The jury found no false promise, but awarded more than $3.8 million for breach of contract, bas... More...   $0 (10-13-2012 - CA)

Ronald Jerrols, Cedric Williams, and Jaime Luna sustained serious injuries in a traffic accident while they were returning to work from a restaurant after eating lunch. This appeal focuses on whether Jerrols, Williams, and Luna (also referred to collectively as the “claimants�) were in the course and scope of their employment under the Texas Labor Code when these injuries occurred.

Ma... More...   $0 (10-12-2012 - TX)

¶1 Defendant, Tammy Lynn Rowland (Rowland), seeks review of the trial court's order entering judgment in favor of Plaintiff, Bill Pipher, d/b/a Arrow-Askins Bail Bonds (Bondsman), on Bondsman's small claims action to recover damages for breach of Rowland's indemnity agreement with Bondsman.

¶2 In this appeal, Rowland asserts the trial court erred in entering judgment in favor of Bondsman ... More...   $0 (10-11-2012 - ok)

Nicole Pulcher sued Japanese Food Express, dba Oklahoma JFE; Japanese Express, Inc., JFE, Inc., JFE Partnership K461, JFE Partnership and Park Brothers, Inc. on breach of contract , fraud, and fraud in the inducement theories seeking rescission and damages.

THIRD-PARTY PETITION

COMES NOW, the Third-Party Plaintiffs, JFE, Inc., a Texas corporation (hereafter ‘Eâ€�),. JFE Partnershi... More...   $43800 (10-11-2012 - OK)

After respondent Food Safety Net Services (Food Safety) sought to recover its fee from appellant Eco Safe Systems USA, Inc. (Eco Safe) for performing a study of Eco Safe‟s food disinfection equipment, Eco Safe asserted a cross-complaint against Food Safety for breach of contract, negligence, fraud, and related claims. The trial court granted summary judgment in favor of Food Safety on Eco Safeâ€... More...   $0 (10-04-2012 - CA)

The plaintiff, Mario Fiallo, appeals from the judgment of the trial court denying his request to amend his complaint to add bad faith claims after a jury verdict in his favor and granting the motion of the defendant, Allstate Insurance Company, to subtract amounts from the jury verdict, as contemplated by the plaintiff’s insurance policy, before rendering judgment.

On appeal, the plaintif... More...   $0 (10-02-2012 - CT)

COMES NOW the Plaintiff, John Douglas, and for her cause of action against the above named Defendant, alleges and states as follows:

1. That on or about May 26, 2006, at the intersection of 6th Street and Perkins Road in Stillwater, Payne County, Oklahoma, Defendant negligently operated his vehicle and rear-ended the vehicle operated by the Plaintiff.

2. That as a result of said ... More...   $7094 (10-01-2012 - OK)

COMES NOW Plaintiff, by and through his attorneys of record, and for his causes of action against Defendants, allege and state:

1. On or about August 22, 2007, National Oilwell Varco, L.P., was conducting operations on a well located in Canadian County, Oklahoma.

2. On or about August 22, 2007, Bladimir Valerio-Rodrigues, was employed by Southwest Oilfield Construction and present at... More...   $0 (10-01-2012 - OK)

Jimmy Anderson Jarrett appeals from a judgment rendered against him after a jury found that his negligence caused an automobile accident in which Sherry Shook, a passenger in a vehicle driven by Lester A. Vaughan, was seriously injured. Jarrett challenges the legal and factual sufficiency of the evidence supporting the jury's finding that his negligence was solely responsible for the accident. Ja... More...   $0 (09-27-2012 - TX)

¶1 This is an appeal of the trial court's Final Order granting summary judgment in favor of the Plaintiff/Appellee, Zaloudek Grain Company (Zaloudek). Zaloudek claims its workers' compensation policy was unlawfully canceled by the Defendant/Appellant, CompSource Oklahoma (CompSource). CompSource argues it properly canceled Zaloudek's policy pursuant to subsection (G) of section 64 of title 85 of ... More...   $0 (09-18-2012 - OK)

Brian Gobble, individually , and Dean Parsons, individually and as special administrator of the Estate of Michael Parsons, deceased, sued The Manitowoc Cranes, Inc.; Grove Worldwide, LLC; Scott-Macon Equipment of Oklahoma, Inc., Silverscliffe Construction Company; Chesapeake Energy Corporation, et al. on personal tort theories claiming:

1. Plaintiff Brian Gobble (hereinafter “Gobbleâ€�)... More...   $0 (09-16-2012 - OK)

The plaintiff, Sandhya Desmond, appeals from the judgment of the trial court dismissing her complaint against the defendants, Yale-New Haven Hospital, Inc. (hospital), and Yale-New Haven Health Services, Inc., alleging workers’ compensation fraud; statutory negligence; breach of contract; violations of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq.; and v... More...   $0 (09-16-2012 - CT)

The plaintiff, Maria E. Mills, executrix of the estate of Clarence Israel Mills (decedent), appeals from the summary judgments rendered by the trial court in favor of the defendants the city of Bridgeport (city); Philip C. Handy, the director of the city’s department of parks and recreation; Anthony Armeno, the city’s acting chief of police at the time of the subject incident; 5 Star Amusement... More...   $0 (09-16-2012 - CT)

The plaintiff in this declaratory judgment action, Carlos Garcia, appeals from the judgment of the trial court rendered in favor of the defendant, the city of Bridgeport, determining the limits of the defendant’s underinsured motorist coverage1 in its capacity as a self-insurer to be the statutory minimum of $20,000 per person and $40,000 per occurrence on the basis of a purported request by the... More...   $0 (09-16-2012 - CT)