General Insurance Company of America filed this declaratory-judgment action to determine whether it must defend and indemnify its insured, Discount Mega Mall Corporation (“Discount Mall”), and its principals in an Illinois state-court lawsuit. On Discount Mall’s motion for judgment on the pleadings, the district court determined that General Insurance owed a duty to defend under Illinois law... More...   $0 (05-04-2011 - IL)

General Insurance Company ofAmerica filed this declaratory-judgment action to determinewhether it must defend and indemnify its insured, Discount Mega Mall Corporation (“Discount Mall”), and its principals in an Illinois state-court lawsuit. On Discount Mall’s motion for judgment on the pleadings, the district court determined that General Insurance owed a duty to defend under Illinois law.... More...   $0 (05-04-2011 - IL)

The instant action is before this Court upon the appeal of Edgar L. Bonner and Hazel Bonner [“Appellants”] from a December 16, 2009, order of the Circuit Court of Tyler County, West Virginia, which found that the property which is the subject of this appeal [“the property”] is not susceptible to partition and which accordingly ordered a sale of the property at public auction. The Bonners a... More...   $0 (05-02-2011 - WV)

Appellants Ramon Luna and Rodolfo Luna appeal from an adverse judgment entered after a bench trial in a suit brought by Roberto Luna, appellee, for fraud, breach of fiduciary duty, and breach of contract.[1] Appellants attack the sufficiency of the evidence to support the trial court’s award of a five-acre tract of land to appellee. By two issues, appellants argue: (1) the trial court erred i... More...   $0 (04-29-2011 - TX)

This appeal pertains to a substantial leak of diesel fuel from an underground storage system located at the Silver Spur Truck Stop in Pharr, Texas. By thirteen issues, appellant, Petroleum Solutions, Inc. (“PSI”), challenges the jury’s verdict in favor of appellees, Bill Head d/b/a Bill Head Enterprises (“Head”) and Titeflex, Inc., and sanctions issued by the trial court, which included... More...   $0 (04-29-2011 - TX)

This is an appeal from a summary judgment denying appellant CMA-CGM (America) Inc.’s (“CMA”) cross-claim for contractual indemnity against its co-defendant, appellee Empire Truck Lines Inc. (“Empire”), in a personal injury suit. The trial court granted Empire’s motion for summary judgment on the ground that the parties’ indemnity agreement, although enforceable under Maryland law, is... More...   $0 (04-28-2011 - TX)

Appellant, American International Industries, Inc. (“AII”), appeals the trial court’s summary judgment in favor of appellees, Phillip Scott, Surgicare, Inc., and Keith G. LeBlanc (collectively, “Surgicare”). In four issues, AII argues that the trial court erred in (1) granting Surgicare’s traditional motion for summary judgment on its res judicata defense and on AII’s claims for bre... More...   $0 (04-28-2011 - TX)

In this case, an employer sues its staff leasing company for its failure to comply with its agreement to provide workers’ compensation insurance for one of the employer’s injured workers. A jury found that the staff leasing company failed to comply with the agreement, that its failure was not excused, and that it committed fraud. The trial court rendered judgment on the jury’s breach of co... More...   $0 (04-28-2011 - TX)

In light of the Texas Supreme Court’s decision in Leordeanu v. American Protection Insurance Co., 330 S.W.3d 239 (Tex. 2010), the panel, on its own motion, withdraws our opinion and judgment of November 10, 2010, and substitutes this opinion and judgment.

This case arises from the trial court’s grant of Appellee Indemnity Insurance Company of North America’s no-evidence motion for sum... More...   $0 (04-27-2011 - TX)

{1} This appeal presents issues relating to the garnishment of funds held in a joint bank account. The district court awarded summary judgment in favor of the bank. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. STANDARD OF REVIEW

{2} Our standard of review is well settled. “Summary judgment is appropriate where there are... More...   $0 (04-22-2011 - NM)

Plaintiff-Appellee Alea London Limited (“Alea” or “the insurer”) filed this declaratory judgment action, alleging it had no duty to defend or indemnify its insured, defendant American Home Services, Inc. (“AHS” or “the insured”), in state court litigation brought by A Fast Sign Company, Inc. (“FastSigns”). In the state lawsuit, FastSigns sued the insured, AHS, for sending unsol... More...   $0 (04-20-2011 - GA)

In this contested paternity action, after genetic testing established that the defendant was the father of the plaintiff’s child, the trial court awarded pendente lite attorney’s fees to each member of the mother’s litigation team. The father’s appeal contests the amount of the fees awarded to the mother’s attorneys. We must decide whether we have jurisdiction to hear this interlocutory ... More...   $0 (04-19-2011 - CT)

In one issue, Appellant Baylor All Saints Medical Center asserts that the trial court erred when it determined that the expert report filed by the Appellees Pamela and John Martin met the requirements of section 74.351 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon 2011). We reverse and remand.

II. Factual and Procedural History

... More...   $0 (04-14-2011 - TX)

This is an action in equitable garnishment based on disputed insurance coverage for an automobile accident. Acceptance Indemnity Insurance Company (“Acceptance”) appeals the judgment of the trial court, which granted summary judgment in favor of Amy Sauvain, Ericka Sauvain, and Bonnie Hughes (collectively “Plaintiffs”), and denied Acceptance‟s cross-motion for summary judgment, as it per... More...   $0 (04-12-2011 - MO)

Stacey M. Lewis and her daughter, McCartney M.E. Lewis, appeal the circuit court's grant of summary judgment in favor of Buddy Freeman in regard to the Lewises' wrongful death action. DOT Transportation, Inc., also appeals the circuit court's grant of summary judgment in favor of Freeman. The circuit court found that the Lewises had made an election of remedies when they obtained a workers' compen... More...   $0 (04-12-2011 - MO)

In April 2010, in response to a serious problem of unauthorized immigration along the Arizona-Mexico border, the State of Arizona enacted its own immigration law enforcement policy. Support Our Law Enforcement and Safe Neighborhoods Act, as amended by H.B. 2162 (“S.B. 1070”), “make[s] attrition through enforcement the public policy of all state and local government agencies in Arizona.” S.... More...   $0 (04-11-2011 - AZ)

In five issues, Appellants Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes (“MRCH”) and Mark Rotella (collectively with MRCH, “Rotella”) and Cole & Cole, P.C., and Robert R. Cole, Jr. (collectively “Cole”) appeal the trial court’s order awarding summary judgment to Appellees Joan Cutting and Mid-Continent Casualty Company (“MCCC”). We affirm.

II. Factual and... More...   $0 (04-08-2011 - )

Homeowners Kathryn French and Malcolm Sutter (collectively, “the Plaintiffs”) sued Allstate Indemnity Company (“Allstate”) to recover additional insurance payments for damage to their home resulting from Hurricane Katrina.

The Plaintiffs also sought statutory penalties and costs under Louisiana law.

After a bench trial, the district court awarded the Plaintiffs additional... More...   $0 (04-04-2011 - LA)

The petitioner, Northern Security Insurance Company (Northern Security), appeals an order of the Superior Court (McHugh, J.), denying its motion for summary judgment and granting the cross-motion for summary judgment of respondent Michael Connors. The trial court ruled that Northern Security has a duty to defend respondent Connors in a civil lawsuit pending in Rockingham County Superior Court, Rei... More...   $0 (03-31-2011 - NH)

Wendy Gonzalez Anaya, individually and as next friend of Christopher Gabriel Hernandez, deceased, and Jose Hernandez (collectively, Gonzalez Anaya) have moved for rehearing. We grant rehearing, withdraw our opinion and judgment of November 10, 2010, and issue the following in their stead.[1] Our disposition of the case remains unchanged. Geoffrey Zimmerman, M.D., challenges the trial court’s ... More...   $0 (03-31-2011 - TX)

In these writ proceedings, we consider the trial court’s denial, without prejudice, of petitioners’1 motion to compel arbitration pursuant to the provisions of three separate, but substantially identical, real estate purchase contracts. Petitioners are twelve of the twenty-seven defendants named in the first amended complaint (the operative pleading before us) filed by the four plaintiffs, N. ... More...   $0 (03-29-2011 - CA)

In their first-party bad faith action against State Farm Florida Insurance Company (“State Farm”), the plaintiffs, Rene and Sylvia Puig (“the Puigs”), moved to compel State Farm to produce its entire claim file. The trial court granted the Puigs’ motion, and State Farm now seeks a writ of certiorari quashing the trial court’s order. We conclude that the trial court misapplied the Flori... More...   $0 (03-23-2011 - FL)

Six days after birth, plaintiff Aidan Ming-Ho Leung suffered irreversible brain damage caused by “kernicterus,” a condition that results when an infant‟s level of “bilirubin” (a waste product of red blood cells which causes jaundice) becomes toxic. Through his guardian ad litem (his mother, Nancy Leung), Aidan sued his pediatrician, Dr. Steven Wayne Nishibayashi, and his professional cor... More...   $0 (03-23-2011 - CA)

This matter presents an issue which it seems no reported decision has addressed: Which statute of limitations applies to an action for malicious prosecution against an attorney? We conclude that the limitations period applicable to actions against attorneys under section 340.6 of the Code of Civil Procedure applies rather than the general statute of limitations applicable to actions for malicious ... More...   $0 (03-22-2011 - CA)

Constable sought review of the court of appeals’ judgment in Northglenn, LLC v. Constable, No. 08CA2045 (Colo. App. Nov. 19, 2009) (not published pursuant to C.A.R. 35(f)), reversing the district court’s order of summary judgment in her favor. The district court had concluded that an indemnity provision of the parties’ lease agreement was unenforceable for reasons of public policy. The court... More...   $0 (03-21-2011 - CO)