¶ 1 This case involves a medical malpractice lawsuit brought by Jerome Wilson and Leilani Wilson on behalf of their son, Jared. The Wilsons allege that employees of IHC Hospitals, Inc. (IHC) breached their duty of care during Ms. Wilson’s labor and delivery of Jared. The Wilsons further claim that IHC’s negligence caused Jared to suffer severe brain damage. The Wilsons tried their claims to a... More...   $0 (07-20-2012 - UT)

This appeal is a sequel to our decision last year reported at 629 F.3d 724 (7th Cir. 2011), in which we reversed the dismissal of Wegman’s suit against its primary insurance carrier, Admiral; the suit charges Admiral with having failed to discharge its duty of good faith to its insured by (as we put it in another case) “gambl[ing] with the insured’s money by forgoing reasonable opportunities... More...   $0 (07-20-2012 - IL)

The City of Boerne appeals the trial court’s order denying its plea to the jurisdiction and affording appellees, David Vaughan and Vaughan’s Hill Country Funeral Home, Inc. (collectively “Vaughan”), an opportunity to amend their pleadings. Because Vaughan’s pleadings affirmatively demonstrate that no cause of action exists for which the City’s immunity is waived, the trial court erred ... More...   $0 (07-13-2012 - TX)

This workers’ compensation appeal raises the question of whether the 15-percent statutory violation penalty under section 287.120.41 applies to an employee’s compensation award from the Second Injury Fund (SIF).2 This Court finds that the section 287.120.4 penalty is inapplicable to the claimant’s award from the SIF.

For the reasons explained below, the Labor and Industrial Relation... More...   $0 (07-11-2012 - MO)

The plaintiff, MPA Brickell Key, LLC (“MPA”), appeals an order granting the defendants’, The Fallstaff Group, Inc. (“Fallstaff”) and Courvoisier Courts, LLC (“Courvoisier”), motion for summary judgment as to MPA’s claim for contractual indemnification; an order granting Courvoisier’s motion for summary judgment as to MPA’s claim for unjust enrichment; and the final judgment ent... More...   $0 (07-11-2012 - FL)

Appellant in this case is the City of Los Angeles (City). Respondents are various collectives and individual members of collectives (Collectives) currently engaged in the cultivation, distribution, or use of medical marijuana within City limits.1 In the court below, the Collectives filed various separate lawsuits seeking to enjoin enforcement of City Ordinance No. 181069 (Ordinance), passed by the... More...   $0 (07-03-2012 - CA)

Toppers Caberet, Inc. d/b/a Cloud Nine Gentlemen's Club v. Thomason Tyler and Lynch Insurance Company, aka Thomason and Tyler Insurance, aka Thomason Tyler Lynch and Bert Tyler on breach of fiduciary duty theories.

The Petition in this case was filed on October 28, 2004. The sole relief requested was for indemnity for a settlement paid or an incident occurring at the Cloud Nine “Gentlemen... More...   $0 (06-30-2012 - OK)

This appeal involves the interpretation of a claims-made professional liability insurance policy that appellant Physicians Insurance Company of Wisconsin, Inc., d.b.a. PIC Wisconsin (PIC), issued to nonparty dentist Hamid Ahmadi, D.D.S. The policy covers dental malpractice claims made against Dr. Ahmadi and reported to PIC during the policy period. On cross-motions for summary judgment, the dist... More...   $0 (06-28-2012 - NV)

Appellant, Allstate Insurance Company, challenges the trial court’s rendition of summary judgment in favor of appellees, Anne (“Amy”) and Michael Spellings, Mason’s Mill and Lumber Co., Inc., Jesse Leon, Mackenzie Patrick Davis, Mason Spellings, Robert Grant Clay, and Escalante’s Mexican Grille, in Allstate’s suit against appellees for equitable subrogation. In its sole issue, Allstat... More...   $0 (06-28-2012 - TX)

Here, for purposes of a summary judgment motion, a franchisor's actions speak louder than words in the franchise agreement.

Plaintiff Taylor Patterson was an employee of defendant Sui Juris, LLC, dba Domino's Pizza (Sui Juris). Patterson alleges she was sexually harassed and assaulted at her job. She filed an action pursuant to Government Code section 12940 (FEHA [Fair Employment and Hous... More...   $0 (06-27-2012 - CA)

A nonsettling defendant appeals from the trial court‟s determination that a settlement between the plaintiff and other defendants in the case was reached in good faith. Because appellant appeals from a non-appealable order, we dismiss the appeal.

FACTS AND DISCUSSION

Oak Springs Villas is a 24-condomium, eight-building complex located in Santa Clarita. It was developed by Sand Cany... More...   $0 (06-15-2012 - CA)

A widow sued her stepsons, a law firm, a lawyer, and a paralegal, over an estate plan that purportedly divested her of the 50 percent share of the marital estate that she would have received from her husband as the surviving joint tenant of the properties they held together in joint tenancy. The estate plan served to sever all of the joint tenancies and transfer the husband‟s 50 percent share in... More...   $0 (06-15-2012 - CA)

Appellee Bertrand R. Love, the purchaser of a property located at 1615 and 1621 Wheeler Street in Harris County, Texas (“the Property”), intervened in a lawsuit between appellant, Allon R. Hahn, individually and d/b/a Hahn’s Gulf Services (collectively, “Hahn”), and Mid-Town Roofing and Construction, Inc. (“Mid-Town”), seeking to enjoin Hahn from carrying out an execution sa... More...   $0 (06-15-2012 - TX)

Anand L. Daniell filed this action for malicious prosecution based on an unlawful detainer allegedly filed against him by the previous owner of his apartment complex and by the previous property manager. The defendants in this action include the alleged current owners and current property manager, who Daniell claims are liable as successors in interest.

The current owners and the current pr... More...   $0 (06-14-2012 - CA)

Rami Sinan sued PMC Corporation on a breach of contract theory which filed third party actions for indemnity against Boyds Drywall, LLC, HFC OKC, LLC, Phillip Smith, LLC, R & L Plumbing, Inc., Rain Guard of Tulsa, Inc., Metro Builders Supply, Inc., Acme Brick Company and Aukerman Construction, Inc. on breach of contract theories.

PMC is a homebuilder and entered into an Agreement for Sale o... More...   $1 (06-13-2012 - OK)

William Osburn and Travelers Indemnity Company of America sued National Panel Systems on a negligence theory.
The claims made and defenses asserted are not available.... More...   $1 (06-12-2012 - OK)

[¶1] The district court granted summary judgment to Elkhorn Construction, Inc. (Elkhorn), a subcontractor, on its mechanic’s lien claim against KM Upstream, LLC (KM), the owner of an amine plant, the construction of which plant underlies all the issues of this case.1 KM appealed, arguing that summary judgment was improper because of the existence of genuine issues of material fact, and because ... More...   $0 (06-06-2012 - WY)

Defendant, Consumers Energy Company, appeals by leave granted orders denying its motions for summary disposition in this negligence case.1 We reverse and remand. On February 11, 2009, plaintiffs’ house exploded.2 After investigation, it was determined that the explosion was caused by a natural gas leak. Subsequently, plaintiffs sued defendant, the provider of their natural gas service. Plaintiff... More...   $0 (05-24-2012 - MI)

Gustavo Davalos Torres appeals from a judgment entered in favor of Rocio M. Landeros (hereafter Landeros) and Marta L. Perez (sometimes hereafter plaintiffs).

The action arose out of an automobile collision that caused severe and permanent brain injuries to Landeros and significant but lesser injuries to Perez. Torres was intoxicated at the time of the collision. The jury awarded Landeros a... More...   $0 (05-24-2012 - CA)

7 Plaintiffs Thomas E. Lyons ("Mr. Lyons") and Celeste M. Lyons (collectively
8 "Lyons"), who were awarded a judgment in August 2006 in a state-court negligence action (the
9 "Negligence Action Judgment") against T.F.D. Bus Company ("TFD" or "T.F.D."), one of whose
10 buses had struck a vehicle operated by Mr. Lyons, appeal from a judgment of the United States
11 District Court for... More...   $0 (05-21-2012 - NY)

Lisa Grissom (Grissom) filed a garnishment action against General Insurance Company of America (GICA) seeking to satisfy a judgment entered on Grissom’s Missouri Human Rights Act (MHRA) claim (hereinafter referred to as the underlying judgment) from a GICA insurance policy. Both parties moved for summary judgment, and the trial court entered judgment in Grissom’s favor. None of the material fa... More...   $0 (05-16-2012 - MO)

This is an appeal and cross-appeal involving two non-final orders. After reviewing the record carefully, we determine that we are without jurisdiction to address the issues raised on appeal and cross-appeal, except the denial of relief under Rule 1.540(b), Florida Rules of Civil Procedure. We find the trial court properly denied relief under Rule 1.540(b). Thus, we affirm the trial court’s denia... More...   $0 (05-16-2012 - FL)

This is an appeal and cross-appeal involving two non-final orders. After reviewing the record carefully, we determine that we are without jurisdiction to address the issues raised on appeal and cross-appeal, except the denial of relief under Rule 1.540(b), Florida Rules of Civil Procedure. We find the trial court properly denied relief under Rule 1.540(b). Thus, we affirm the trial court’s denia... More...   $0 (05-16-2012 - FL)

The Telephone Consumer Protection Act (TCPA or “the Act”), 47 U.S.C. §227, is well known for its provisions limiting junk-fax transmissions.

A less-litigated part of the Act curtails the use of automated dialers and prerecorded messages to cell phones, whose subscribers often are billed by the minute as soon as the call is answered—and routing a call to voicemail counts as answering ... More...   $0 (05-11-2012 - IL)

Manuel Galvan filed a § 1983 action against Chicago police officers Thomas Norberg and Alan Lucas, seeking damages arising from a traffic stop, a vehicle search, and an arrest. Galvan contends that the officers lacked probable cause, whereas the officers maintain that they were following up on an anonymous tip that Lucas had received. After the jury returned a verdict in favor of defendants Norbe... More...   $0 (05-07-2012 - IL)