¶ 1 Plaintiff, A. P. Properties, Inc., filed a complaint against defendants, Mitchell Rattner and
Mariann Weiss, for tortious interference with prospective economic advantage (tortious
interference). The trial court dismissed the complaint, without prejudice, for failure to state a cause
of action (see 735 ILCS 5/2-615 (West 2010)). Plaintiff then filed an amended complaint that
a... More...   $0 (10-27-2011 - IL)

Plaintiffs and appellants Robert and Nancy Amezcua (individually Robert and Nancy, collectively the Amezcuas) appeal from the summary judgment entered against them and in favor of defendant and respondent Los Angeles Harley-Davidson, Inc. (Harley-Davidson). The Amezcuas sued Harley-Davidson for damages arising out of injuries they suffered in a collision which occurred while they were riding in th... More...   $0 (10-27-2011 - CA)

Palp, Inc., dba Excel Paving (Excel Paving) and its commercial general liability (CGL) insurer Virginia Surety Company, Inc. (Virginia Surety) appeal from a judgment after the trial court granted Williamsburg National Insurance Company‟s (Williamsburg) summary judgment motion in this insurance coverage case. Williamsburg provided commercial lines automobile/trucker‟s insurance on a dump truck ... More...   $0 (10-27-2011 - CA)

The main issue is this appeal is whether an employer that hires migrant farm workers through the H-2A visa program is entitled to wage credits under the Fair Labor Standards Act, see 29 U.S.C. § 203(m), for housing and meals that federal law required the employer to provide the workers. Migrant farm workers who worked for Bland Farms, LLC, appeal a summary judgment in favor of Bland and against t... More...   $0 (10-27-2011 - FL)

This is a case of statutory construction. The question presented by this appeal under the Longshore and Harbor Workers’ Compensation Act (the “LHWCAâ€� or the “Actâ€�), as amended, 33 U.S.C. §§ 901-950 (2006), is which date — the date on which disability occurred, or the date on which the injured employee was awarded benefits for such disability — determines the maximum weekly rate of ... More...   $0 (10-27-2011 - FL)

This case involves a professional negligence claim, a breach of fiduciary duty claim, and a breach of contract claim. The issue is whether and to what extent section 537.0601 bars recovery on the claims. That section discharges a settling tortfeasor from liability to a second tortfeasor when the liability is based in contribution or indemnity for the same injury to which the settlement agreement a... More...   $0 (10-26-2011 - MO)

In this mandate proceeding, American Honda Motor Co., Inc., (Honda) challenges the trial court‟s order certifying a class of individuals who purchased or leased Acura cars with a defective third gear. Because the trial court relied upon an erroneous legal assumption when it made its ruling and there is insufficient community of interest here to sustain the class that was certified, we conclude t... More...   $0 (10-18-2011 - CA)

[¶1.] Donald Jacobs worked for Dakota, Minnesota, & Eastern Railroad Corporation (DM&E). Jacobs was injured on the job when he fell on snow-covered ice. Jacobs suffered severe injuries to his elbow and shoulder as a result. He subsequently filed a personal injury claim under the Federal Employers’ Liability Act (FELA), which permits suit against railroads for an employee’s injury that “resu... More...   $0 (10-12-2011 - SD)

The question presented is whether plaintiff, Nicholas Laboratories, LLC (Nicholas Labs), is required to “indemnifyâ€� its ex-employee, defendant Christopher Chen, for attorney fees incurred by Chen during his successful defense of an action brought by Nicholas Labs. The trial court rejected Chen‟s assertion that various statutory (Lab. Code, § 2802, subd. (a); Corp. Code, § 317, subd. (d)) a... More...   $0 (10-12-2011 - CA)

Appellants Henry Rosciti, Donna Rosciti, and Henry Rosciti, Jr. ("the Roscitis") sued Monaco Coach Corporation ("Monaco") over alleged defects in a motor home Monaco manufactured. Monaco was self-insured for liability up to $500,000, and appellee Insurance Company of the State of Pennsylvania ("ICSOP") provided excess insurance for liability above $500,000. Monaco went bankrupt shortly after the R... More...   $0 (10-07-2011 - RI)

In 2004, appellants Stephen and Linda Pollman purchased a Savannah townhome built by appellee Swan Construction in a condominium complex owned and developed by appellee Forest River. Appellee Louise Swan was a principal in both corporations. Appellee Neighborhood Realty listed the condominum for sale and marketed it through appellees Rebecca Holcombe and Marie Harbuck. Fourteen months after closin... More...   $0 (10-03-2011 - GA)

Plaintiff-Appellant Frances Carner, a former employee of Defendant- Appellee Louisiana Health Service & Indemnity Company, d/b/a BlueCross BlueShield of Louisiana, brought a lawsuit against BlueCross BlueShield of Louisiana alleging both federal and state claims, including retaliation, hostile work environment, and constructive discharge. Carner appeals the district court’s grant of BlueCross Bl... More...   $0 (10-03-2011 - LA)

This elder-abuse case stems from defendant Sami El-Tobgy's financial
3 exploitation of his mother, Claryce El-Tobgy, in the six years preceding her death at age
4 93. Plaintiff is Claryce's other child and initiated this litigation in her capacity as the
5 personal representative of Claryce's estate. The operative complaint included two
claims.1 6 First, plaintiff alleged that Sami... More...   $0 (10-01-2011 - )

Joseph D. Bilby and Elizabeth M. Bilby sued Empire Indemnity Insurance Company, Hilda A. Colemann d/b/a H.O.T.T. Trucking and Anthony David Mull on auto negligence and respondeat superior theories claiming to have been harmed as a direct result of a car truck wreck caused by Mull while driving for H.O.T.T. Trucking.

The specifics of the claims made and defenses asserted are not available.... More...   $0 (09-30-2011 - OK)

Plaintiff Ciprian C. Flueras (“Mr. Fluerasâ€�), individually, and as the personal representative of the Estate of Diana Elena Flueras (“Ms. Fluerasâ€� or “Crew Memberâ€�), appeals from a final summary judgment entered in favor of defendant Royal Caribbean Cruises, Ltd. (“RCCLâ€� or “Shipownerâ€�) in an action alleging the unseaworthiness of RCCL’s vessel, the Explorer of the Seas, aris... More...   $0 (09-28-2011 - FL)

In this workers’ compensation case, the employer carrier (E/C) appeals a non-final order adjudicating compensability in Claimant’s favor. Claimant was injured when he attempted to retrieve personal property from a car which his lender was repossessing from his employer’s parking lot. There is no dispute that the accident resulting in the injuries occurred in the course and scope of Claimantâ... More...   $0 (09-22-2011 - FL)

¶1 Plaintiff/Appellant Richard Brown appeals from summary judgment entered in favor of Defendants/Appellees Oklahoma Farm Bureau Mutual Insurance Company (Farm Bureau) and AG Security Insurance Company (AG) (collectively, Insurers). Brown sought damages for bad faith and breach of contract. The undisputed evidence shows the policy excluded coverage for Brown's claim; necessarily Insurers had a re... More...   $0 (09-20-2011 - OK)

In this appeal from a judgment in a declaratory judgment action, we consider whether the circuit court erred in ruling that a civil complaint filed against The AES Corporation (AES) did not allege an “occurrenceâ€� as that term is defined in AES’s contracts of insurance with Steadfast Insurance Company (Steadfast), and that Steadfast, therefore, did not owe AES a defense or liability coverage.... More...   $0 (09-16-2011 - VA)

In this workers’ compensation appeal and cross-appeal, Claimant and the Employer/Carrier (E/C) both challenge an order of the Judge of Compensation Claims (JCC) that awarded some benefits and denied others. We affirm the order, except as to the following. First, we reverse the award of temporary partial disability benefits for the period from January 23, 2007, through March 3, 2008, because the ... More...   $0 (09-16-2011 - FL)

Cordell Francis sued CEICO Indemnity Company claiming that on Apirl 17, 2010 she was southbound on North MacArthur Boulevard near NW 31st Street in Bethany, Oklahoma when her car was rear-ended by a car driven by Daniel Ray Foster who was uninsured. She claimed that she carried uninsured and underinsured motorist insurance coverage on her own vehicle. She submitted claim for reimbursement for the ... More...   $1 (09-15-2011 - OK)

After appellant Jerry Bailey (Bailey) suffered an eye injury when a bottle of Cook‟s Champagne exploded as he was erecting a sales display in one of respondent Safeway, Inc.‟s (Safeway) stores, Bailey sued the manufacturer of the champagne bottle, Saint-Gobain Containers, Inc. (Saint-Gobain), for strict liability design defect under the consumer expectation theory; Bailey also sued Safeway und... More...   $0 (09-15-2011 - CA)

In this diversity action, Deborah Streeter and her minor son appeal the district court’s amended order granting summary judgment to the Appellees pursuant to Md. Code Ann., Cts. & Jud. Proc. § 5-108(b) (LexisNexis 2006) upon finding that the cause of action had not accrued because it occurred more than ten years after the entire improvements to the real property were made available for its inte... More...   $0 (09-15-2011 - MD)

What are the responsibilities of an insurance company when a single motor vehicle collision results in multiple claims being asserted against the insureds, which claims in the aggregate exceed the policy limits? That, in essence, is the question that this appeal calls upon us to answer.

The defendant, Travelers Insurance Company (Travelers),1 appeals from the Superior Court’s grant of par... More...   $0 (09-12-2011 - RI)

¶ 1. This appeal stems from a written agreement between the City of Rutland and the Vermont Swim Association (VSA) granting VSA the right to host its annual swim meet at a facility in a city park. VSA appeals the trial court’s award of attorney’s fees to the City. Because the plain language of the parties’ contract does not require VSA to pay attorney’s fees incurred by the City i... More...   $0 (09-11-2011 - VT)

¶ 1 The defendant, Linda Hardin, rented a vehicle from the plaintiff, Enterprise Leasing Company of St. Louis, for a business trip. Two of her coworkers were passengers in the vehicle. Both passengers were injured in an accident while Hardin was driving in Kentucky. The plaintiff paid claims to the two passengers and then sought indemnification from the defendant pursuant to the rental contract. ... More...   $0 (09-08-2011 - IL)