In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) awarding temporary indemnity benefits from the date of the accident through February 14, 2011, and denying temporary indemnity benefits from February 15, 2011, through the date of the final hearing. Claimant challenges two rulings of the JCC: his rejection of the adjuster’s testimony on medi... More...   $0 (02-02-2012 - FL)

OK City, OK - State of Oklahoma v. Austin Allen Dunn:

Count # 1. Count as Filed: OBTCDF, ATTEMPTING TO OBTAIN CONTROLLED DANGEROUS SUBSTANCE BY A FORGED PRESCRIPTION, in violation of 63 O.S. 2-401-2-420
Date of Offense: 12/06/2011

Docket

01-25-2012 TEXT
Criminal Felony Initial Filing.
1 DUNN, AUSTIN ALLEN
01-25-2012 INFORMATION
Defendan... More...   $0 (01-25-2012 - OK)

RSUI Indemnity Company sued Sealy Realty Company, Inc. seeking a declaratory judgment defining its rights, duties and obligations under an insurance policy sold by it.... More...   $0 (01-25-2012 - AL)

This declaratory judgment action pits Sunshine State Insurance Co., the issuer of a homeowner’s policy, against Geico General Insurance Co., the issuer of an automobile insurance policy. Their dispute involves which one is liable for indemnity and defense of claims against a person they both insured. That person, a passenger in a car, grabbed the steering wheel. When the driver tried to get her ... More...   $0 (01-18-2012 - FL)

Seitel Data, Ltd., entered into a contract with the Ralph Simmons and Laura Angela Simmons Family Living Trust (Simmons) wherein Seitel would enter upon the Simmons property in Shelby County, Texas, to conduct seismic testing.[1] Simmons conducted a chicken growing operation on the premises, an activity which requires a substantial amount of water in order to keep the chicken houses cool. To sup... More...   $0 (01-18-2012 - TX)

Appellant Larry H. Hausler, a resident of Texas, appeals the district court’s dismissal of his breach of contract claim in a diversity action against Appellee H. Max Felton, a resident of Oklahoma, which the district court dismissed based on the doctrine of claim preclusion. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm the district court’s dismissal of Mr. Hausler’s complaint.... More...   $0 (01-17-2012 - OK)

¶ 1 The instant appeal involves a dispute about the distribution of underinsured-motorist proceeds following a tragic accident involving a group of teenage boys who were riding together in a Jeep Cherokee being driven by one of the boys' mothers, Katherine Duncan. Defendants-counterplaintiffs, Jared Head, Martha Head and Wayne Head, individually and as parents of Jared Head, a minor (hereinafter ... More...   $0 (01-12-2012 - I:)

Ian McPherson drove his uninsured motorcycle into a parked car and sustained severe injuries. He contends that a seizure precipitated his motorcycle crash, and that a prior car accident caused his seizure disorder. The insurer that covered McPherson’s no-fault benefits associated with the car accident denied liability for payment of no-fault benefits related to the motorcycle accident. The circu... More...   $0 (01-10-2012 - MI)

This dispute questions whether the economic loss doctrine, which began as a prohibition against certain product liability actions, extends to tort claims brought by homeowners against residential service contractors for poor workmanship. The district court and Court of Appeals applied the doctrine and dismissed the homeowners' negligence theories. But we hold the doctrine should not apply. Our exi... More...   $0 (12-30-2011 - KS)

In this workers’ compensation appeal, the claimant argues that the judge of compensation claims (JCC) erred in finding that the claimant failed to give timely notice of his thoracic spine injury, in ruling that he was not entitled to an evaluation by a thoracic surgeon, and in denying his claims for temporary benefits from July 20, 2009, and continuing, and for penalties, interest, costs, and at... More...   $0 (12-30-2011 - FL)

In this workers’ compensation appeal, Claimant argues the Judge of Compensation Claims (JCC) erred on multiple counts. We agree with two of Claimant’s six points and write only to address those; the remaining points on appeal are affirmed without comment.

Claimant sought payment of penalties and interest on the late payment of temporary partial disability (TPD) benefits for the time per... More...   $0 (12-30-2011 - FL)

In this appeal, we review a district court summary judgment in favor of the insurer in an insurance coverage action. We conclude that the policy at issue does not provide coverage because the damage sustained did not result from a covered cause of loss. Further, while we adopt the doctrine of efficient proximate cause, we conclude that it does not apply in this case. Therefore, we affirm.
More...   $0 (12-29-2011 - NV)

Carolyn J. Patrick (“Mrs. Patrick”) appeals from a fi-nal judgment of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying her applica-tion for an award of attorney fees and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). See Patrick v. Shinseki, 23 Vet. App. 512 (2010) (“Patrick IV”). We reverse and remand.

... More...   $0 (12-22-2011 - DC)

Respondent James J. Little asserted claims against appellant Amber Hotel Company (Amber) for tortious interference with contract, alleging that Amber impaired Little‟s lien on an attorney fee award. Amber challenges the judgment in Little‟s favor, contending that Little‟s former client nullified the fee award through a settlement, and that the damages awarded to Little fails as a matter of l... More...   $0 (12-22-2011 - CA)

Howard L. Straily and Tommie J. Straily (the Strailys) appeal the trial court’s summary judgment entered in favor of Lawyers Title Insurance Corporation (LTI). In one issue, the Strailys argue that the trial court erred in entering summary judgment for LTI. We affirm.

BACKGROUND

The Strailys own a home built on a pier and beam foundation. Upon noticing that water had pooled beneath... More...   $0 (12-22-2011 - TX)

Appellant Paul Lair, Jr., appeals the trial court’s order granting summary judgment for Appellee TIG Indemnity Company on Lair’s claims against it. We will affirm.

Background Facts

Lair was employed at The Children’s Courtyard, a children’s daycare. In 2009, two parents of children who attended the daycare sued Lair and The Children’s Courtyard alleging that Lair sexually... More...   $0 (12-22-2011 - TX)

The question in this appeal is whether a half-century-old federal common-law rule assigning liability to carriers to secure their cargo before driving their tractor-trailers entitled HD Supply Waterworks Ltd.—whose employee loaded a large pipe onto Kenneth Smith’s flatbed at its warehouse facility—to summary judgment in the negligence suit brought by the injured truck driver and his wife. Pl... More...   $0 (12-21-2011 - IA)

This is an appeal from a judgment awarding damages and attorney‘s fees in a construction dispute. A jury found appellant, John F. Helm, liable for misrepresentation under the Deceptive Trade Practices-Consumer Protection Act (―DTPA‖), TEX. BUS. & COM. CODE ANN. §§ 17.41–.63 (West 2011), and awarded damages of over $75,000, plus $95,000 in attorney‘s fees, to appellee Artie G. Kingston.... More...   $0 (12-21-2011 - TX)

This is an appeal from three district court orders in a dispute between former business partners. Plaintiff-appellant Bret A. Broaddus sued Defendant-appellee Kevin Shields for breach of fiduciary duty, and Mr. Shields counterclaimed for indemnification. Ultimately, the district court granted summary judgment in favor of Mr. Shields on Mr. Broaddus’ claim for breach of fiduciary duty, granted su... More...   $0 (12-21-2011 - IL)

¶ 1 Plaintiff’s brother died during a helicopter crash in Illinois. Defendant SNFA, a French company, made a part for that helicopter, which plaintiff claims was defective and the cause of the crash. Defendant moved to dismiss on the ground that Illinois had no jurisdiction over it, and the trial court dismissed for lack of personal jurisdiction. For the reasons discussed below, we reverse and ... More...   $0 (12-16-2011 - IL)

Appellants Juan Alberto Rey and Roberto Alvarez-Rey[2] appeal the trial court’s judgment that they take nothing in their breach of contract and fraud suit against appellees and brothers Carlos and Benito Lara. Appellants contend in four points that the trial court reversibly erred by failing to file findings of fact and conclusions of law, by making implicit rather than explicit findings in sup... More...   $0 (12-15-2011 - TX)

This case presents the issue of whether the holder of a judgment obtained against a school district's former bus driver is entitled to collect that judgment from the State Legal Expense Fund, established by section 105.711 RSMo.1

Factual Background

In the fall of 2006, Robert Griffith, a school bus driver for the Doniphan R-I School District, molested a four-year-old preschool girl (... More...   $0 (12-13-2011 - MO)

In the underlying action, appellant Frittelli, Inc. (Frittelli) asserted claims for breach of a lease, breach of the implied covenant of quiet enjoyment, negligence, and rescission, alleging that respondents‟ renovation of a shopping center destroyed Frittelli‟s business within the center. The trial court granted summary judgment in favor of respondents on Frittelli‟s claims, concluding that... More...   $0 (12-11-2011 - CA)

2 Plaintiff obtained a money judgment against defendant for personal injuries
3 that plaintiff had sustained in an automobile accident. Before the court entered the
4 judgment, defendant's liability insurer reimbursed plaintiff's insurer for the amount of
5 personal injury protection (PIP) benefits provided by plaintiff's insurer to plaintiff. More
6 than a year after the court ent... More...   $0 (12-07-2011 - OR)

James Cunningham appeals from the district court order granting summary judgment in favor of Aviva Life and Annuity Company (Aviva). Cunningham argues the district court erred in granting summary judgment on Aviva’s breach of contract and indemnification claims, as well as awarding attorney fees. We hold that the entry of summary judgment on Aviva’s breach of contract claim was proper. However... More...   $0 (12-07-2011 - IA)