This is a declaratory judgment and vexatious refusal to pay action based on disputed insurance coverage for an accident that occurred when a motorcycle was run off the road by another vehicle. GuideOne Specialty Mutual Insurance Company (“GuideOne”), insured the motorcycle and appeals the judgment of the trial court, which after a bench trial found in favor of Lyle and Linda Browning (“Plain... More...   $0 (06-07-2011 - MO)

Plaintiff is a tenant in a multi-unit building in Hoboken that is owned by defendant Gina Marie, L.L.C. ("Gina Marie"). Plaintiff secured her apartment with the assistance of a Hoboken real estate broker and has resided there since October 1993. Her initial rent when she took up occupancy was $650 per month. There is no indication in the record that plaintiff received any increase in her rent unti... More...   $0 (06-07-2011 - NJ)

In this appeal, we consider whether an indemnity clause in a construction contract between a general contractor and a subcontractor obligates the subcontractor to indemnify the general contractor for its partial negligence for constructional defects, regardless of whether the subcontractor is also negligent. In this, we must also determine whether the subcontractor’s testimony constituted a j... More...   $0 (06-02-2011 - NV)

In this petition, we address the narrow issue of whether a defendant may, under NRCP 13(h), bring a counterclaim that adds new parties to an action. Under that rule, if there is at least one original party included in the counterclaim, a defendant may add new parties to the action through a counterclaim as long as the nonparty meets the joinder requirements under NRCP 19 or 20. We take this op... More...   $0 (06-02-2011 - NV)

The defendant-appellant, Dr. Santosh Reddy (“Dr. Reddy”), appeals from the final judgment that was entered by the Superior Court in favor of the plaintiffs-appellees, PMA Insurance Co. and CNA Insurance Co., as subrogees of Harbor Health Care and Rehabilitation Center, Inc. (collectively known as “Harbor Health”). Dr. Reddy raises two issues in this appeal. First, he contends that the Supe... More...   $0 (05-31-2011 - DE)

The plaintiff, Darlene Gray, appeals an order of the Superior Court (Nicolosi, J.) granting a motion to dismiss by the defendant, Commonwealth Land Title Insurance Company (the insurer). We affirm. The record supports the following facts. In July 2003, the plaintiff and her sister, in their capacity as trustees of the Ocean Estates Realty Trust (Ocean Estates), received a quitclaim deed from the T... More...   $0 (05-26-2011 - NH)

of California‟s Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200 et seq.), False Advertising Law (FAL) (§ 17500 et seq.), and Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.), plus common law fraud and unjust enrichment. 1 The trial court ruled that Hill‟s amended complaint failed to state a cause of action (Code Civ. Proc., § 430.10, subd. (e)), denied further leave... More...   $0 (05-26-2011 - CA)

In nineteen issues, Game Systems, Inc. a/k/a Texas Game Systems appeals from the trial court’s denial of its motion for summary judgment against and the grant of summary judgment for Forbes Hutton Leasing, Inc. (Leasing), Gametronics Gaming Equipment Limited (Tronics), and Robert Houchin (Houchin) (collectively Appellees). We affirm in part and reverse in part. Because we hold that the trial c... More...   $0 (05-26-2011 - TX)

Lisa Kelm, guardina ad litem for McKenzie Kelm, a minor, sued Joel Willitzer and USAA General Indemnity Company on auto negligence, wrongful deaht and uninsured motorist theories claiming that on February 1, 2011 at or near Lake Draper in Cleveland County, the biological parent of McKenzie Kelm was killed in an automobile accident caused by Joel Willitzer.

Defendant generally and specifical... More...   $50000 (05-24-2011 - OK)

Our Legislature in 2002 amended Family Code1 section 1612 to invalidate any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of such support if (i) the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed or (ii) that pr... More...   $0 (05-24-2011 - CA)

“The relation between attorney and client is a fiduciary relation of the very highest character, and binds the attorney to most conscientious fidelity—uberrima fides.” (Cox v. Delmas (1893) 99 Cal. 104, 123; accord, Oasis West Realty, LLC v. Goldman (May 16, 2011, No. S181781) ___ Cal.4th ___ [2011 W.L. 1833208, *5].) Accordingly, “ ‘[a]ll dealings between an attorney and his clie... More...   $0 (05-24-2011 - CA)

The plaintiff, a citizen of Illinois, brought suit in an Illinois state court against a number of Bayer affiliates, all citizens of states other than Illinois, plus Niemann Foods, Inc., an Illinois citizen. The suit charges the defendants with violating Illinois tort law by failing to warn of dangerous side effects of Yazmin, a prescription oral-contraceptive drug manufactured by a German affiliat... More...   $0 (05-23-2011 - IL)

The plaintiff, a citizen of Illinois, brought suit in an Illinois state court against a number of Bayer affiliates, all citizens of states other than Illinois, plus Niemann Foods, Inc., an Illinois citizen. The suit charges the defendants with violating Illinois tort law by failing to warn of dangerous side effects of Yazmin, a prescription oral-contraceptive drug manufactured by a German affiliat... More...   $0 (05-23-2011 - IL)

Leena Areso appeals from the trial court‘s grant of summary adjudication in favor of CarMax, Inc. (CarMax) in her class action lawsuit, which (among other causes of action) alleged violations of the Labor Code, including a failure to pay compensation for overtime. We affirm.

BACKGROUND

Areso began working for CarMax on June 23, 2004 as a sales consultant trainee, and until July 18,... More...   $0 (05-20-2011 - CA)

(1) Plaintiff-Below/Appellant, Ilene Sivakoff, appeals from a Superior Court judgment, which granted the motion to dismiss of Defendant- Below/Appellee, Nationwide Mutual Insurance Co. (“Nationwide”), in this underinsured motorist (“UIM”) action. Sivakoff raises two arguments on appeal. First, Sivakoff contends that the Superior Court erred in concluding that the definition of an “underi... More...   $0 (05-16-2011 - DE)

In April 2008, the City of Solana Beach (City) determined a mixed-use development proposal was inconsistent with certain local zoning and specific plan requirements, and directed the project's proponents to redesign the project. About 16 months later, on September 2, 2009, plaintiffs Rosa Haro and Carlos Ibarra filed a petition for writ of mandate and a complaint, alleging the City's actions viola... More...   $0 (05-12-2011 - CA)

Albemarle Corporation (Albemarle) sued National Oilwell NOV, Inc. (National) in federal district court in Arkansas. It sought damages allegedly caused by defective fiberglass downhole tubing (DHT) that National had manufactured and sold it. National timely notified its insurer, Lexington, of the lawsuit, and Lexington acknowledged a responsibility to defend under a reservation of rights once Nat... More...   $0 (05-12-2011 - TX)

We are presented with two issues that are the subject of this appeal and cross-appeal: whether the trial court correctly denied a directed verdict for Claire’s on the Locastros’ negligence claim and whether the trial court correctly entered summary judgment for Claire’s on its claim of contractual indemnity. We affirm the trial court’s denial of Claire’s motion for a directed verdict on ... More...   $0 (05-11-2011 - FL)

This is a contracts case. Owatonna Clinic – Mayo Health System sued its insurer, Medical Protective Company, claiming that the company had breached its obligation to defend and indemnify the Clinic in a medical malpractice suit that had resulted in a judgment against it. Medical Protective denied that it had any such duty because the Clinic had failed to give proper notice of a potential claim a... More...   $0 (05-11-2011 - MN)

In this breach of contract and lien foreclosure action arising out of a dispute concerning the construction of a single-family home in the town of Greenwich, the named defendant, Jeffrey T. Miller, who owns the home, and the defendant Cheryl Miller, his wife,1 appeal, and the plaintiff, The FCM Group, Inc., the builder of the home, and the third party defendant, Frank C. Mercede III,2 cross appeal... More...   $0 (05-10-2011 - CT)

Allstate Indemnity Company sued Lasko Products, Inc. on a products liability indemnity theory claiming that on February 27, 2008, the home of Plaintiff's Insured, Sumanlal Patel, was damaged by a fire directly caused by a defect in a pedestal fan manufactured, packaged, distributed and/or sold by Lasko. The claim paid by Plaintiff to its insured was $54,670.14.

Defendant filed a general de... More...   $1 (05-10-2011 - OK)

Appellants Linda and Thomas Richards sued Sequoia Insurance Company (Sequoia) for breach of contract and breach of the covenant of good faith and fair dealing, due to Sequoia‟s delay in providing a defense and coverage for a wrongful death action tendered by the Richards. The trial court granted summary judgment for Sequoia on the basis that the Richards sustained no damages as a result of Sequo... More...   $0 (05-10-2011 - CA)

Defendants-Appellants Farmers Insurance Exchange (“Farmers Insurance”) and Mid-Century Insurance Company (“Mid-Century Insurance”) removed a putative class action from state court to federal district court. Upon motion of Plaintiff-Appellee, Lawrence Countryman, the federal district court remanded the action to state court based on a procedural defect in Defendants’ joint notice of remov... More...   $0 (05-10-2011 - CO)

This case involves a fee dispute between a law firm, respondent Benjamin, Weill & Mazur, a professional corporation (BWM), and its former client, appellant Nancy Hurwitz Kors. After Kors refused to pay the full amount billed her, BWM sued her for breach of the parties‘ fee agreement. Based on the arbitration clause in the agreement, Kors moved to compel arbitration under the California Arbitrati... More...   $0 (05-05-2011 - CA)

After the trial court found attorney Kelli M. Kennaday possessed plaintiff Leon Schimmel‟s confidential material information in a prior action, the court disqualified Kennaday and her firm, Wilke, Fleury, Hoffelt, Gould & Birney (Wilke Fleury), from its representation of Harris Levin, Community Health Associates Multispecialty Medical Group, Inc., and various other defendants (collectively, Comm... More...   $0 (05-05-2011 - CA)