D. Bobbitt Noel Jr. sued Devon Energy Production Co. LP and Trevor Rees-Jones on fraud theories over the purchase by Rees-Jones' minority share of energy company Chief Holdings, LLC in 2004. Rees-Jones sold Chief Holdings to Devon Energy in 2006 for more than $2 billion.

Plaintiff claimed that Rees-Jones made some $1.5 billion from the sale.

Devon claimed a right of indemnity from... More...   $0 (03-19-2011 - TX)

In this personal injury case, defendant Desert Christian Center was successful in proving its affirmative defense that the injuries alleged by plaintiff Frank D. Brown were within the exclusive jurisdiction of the workers‟ compensation system. A judgment of dismissal was entered and defendant sought to recover its costs as the prevailing party under Code of Civil Procedure section 1032.1 Plainti... More...   $0 (03-17-2011 - CA)

¶1 The Eleventh Judicial District Court, Flathead County, granted summary judgment to Flathead Concrete Products, Inc. (FCP), on the grounds that § 39-71-411, MCA, the exclusive remedy provision of the Workers’ Compensation Act (WCA or Act), bars Carol Walters’ (Walters) survivorship and wrongful death claims against FCP arising from the work-related death of her son, Timothy Walters (Tim). ... More...   $0 (03-16-2011 - MT)

Ford, Bacon & Davis, LLC (“FBD LLC”) appeals the district court’s grant of summary judgment to the defendants (collectively, “Travelers”). FBD LLC argues that Travelers has a duty to defend it against asbestos-related lawsuits arising from its purchase of assets of another company, Ford, Bacon & Davis, Inc. (“FBD Inc.”), for whom Travelers provided insurance coverage. It is undispute... More...   $0 (03-14-2011 - TX)

¶1 In these consolidated cases we address a question the Supreme Court left open in Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268 (2006), concerning the lien rights of a state Medicaid plan after it has paid medical expenses for a victim who subsequently settles with a tortfeasor for less than the full amount of her overall damages. We conclude that the state plan may ... More...   $0 (03-10-2011 - AZ)

[¶1.] Western Consolidated Cooperative (WestCon) sued Lynn Pew for conversion of grain he stole and sold to LaBolt Farmers Grain Company (LaBolt). WestCon also sued LaBolt for conversion for its role in purchasing the stolen grain from Pew. After discovery, WestCon’s motion for summary judgment was granted and the circuit court ordered judgment jointly and severally against Pew and LaBolt. LaBo... More...   $0 (03-09-2011 - SD)

In this appeal, we consider whether AME Financial Corporation (AME) demonstrated good cause to receive relief from default and whether the circuit court abused its discretion in failing to grant AME relief pursuant to Rule 3:19(b).

I.

Background

Paul G. Kiritsis and Emilie A. Kiritsis (collectively the Kiritsises) filed a complaint against AME and GreenPoint Mortgage Funding, ... More...   $0 (03-04-2011 - VA)

Angelique Patrick ("Patrick") filed suit against Monte Owens ("Owens"), the Monte Owens Agency, Inc. ("Agency"), and the Missouri Property Insurance Placement Facility ("MPIP"), for breach of contract, reformation, negligence, and fraudulent misrepresentation. Patrick claimed she had obtained high risk homeowner's insurance from Owens and Agency through MPIP. Shortly after meeting with Owens, Patr... More...   $0 (02-22-2011 - MO)

W3i Mobile, LLC (W3i) sued Westchester Fire Insurance Company (Westchester), claiming breach of contract and seeking a declaration that an insurance policy required Westchester to defend and indemnify W3i for expenses associated with two class action lawsuits brought against W3i. The district court1 granted summary judgment in favor of Westchester, finding a products exclusion precluded coverage u... More...   $0 (02-15-2011 - MN)

Festivals and Concert Events, Inc. (“FACE”) appeals from the district court’s1 grant of summary judgment for Scottsdale Insurance Company (“Scottsdale”). FACE filed this declaratory judgment action, seeking defense costs and indemnity in its underlying lawsuit with D.D.N. Because we conclude that no claim in the underlying suit was arguably within the policy coverage, we affirm.

T... More...   $0 (02-14-2011 - MN)

Plaintiffs-Appellants, a group of approximately 1300 to 1400 plaintiffs (the Everitt Parties) filed a lawsuit in district court to enforce a settlement agreement arising out of asbestos litigation against Defendant-Appellee Pneumo Abex, L.L.C. (Pneumo) and certain other asbestos manufacturers, who are not parties to this case. The district court granted summary judgment to Pneumo.

The Everi... More...   $0 (02-14-2011 - TX)

On July 20, 2009, defendant Arrowood Indemnity Company removed this bad-faith insurance action to federal court on the basis of diversity of citizenship jurisdiction. More than 30 days thereafter, on October 27, 2009, plaintiff Donald Music moved to remand, claiming that Arrowood failed to remove within one year after the action was commenced as required by 28 U.S.C. § 1446(b).

The distric... More...   $0 (02-11-2011 - KY)

By two issues, appellant, Kathie Kay Dilthey, contends the trial court erred in granting summary judgment in favor of appellee, Ballenger Construction Company (“Ballenger”), on the basis of limitations because: (1) her joinder of Ballenger “was res judicata by virtue of the trial court’s previous orders” (issue one); and (2) she timely joined Ballenger as a defendant (issue two). We af... More...   $0 (02-10-2011 - TX)

By two issues, appellant, Kathie Kay Dilthey, contends the trial court erred in granting summary judgment in favor of appellee, Ballenger Construction Company (“Ballenger”), on the basis of limitations because: (1) her joinder of Ballenger “was res judicata by virtue of the trial court’s previous orders” (issue one); and (2) she timely joined Ballenger as a defendant (issue two). We af... More...   $0 (02-10-2011 - TX)

We are asked to examine whether the terms of a collective bargaining agreement (CBA),1 which was in effect upon the retirement of a municipal police officer, mandates that the retiree be vested in the specific insurance benefit plan offered at the time of retirement. Plaintiff Mark Petersen retired from the municipal police force of defendant Township of Raritan. At his retirement, plaintiff was p... More...   $0 (02-09-2011 - NJ)

The appeal in this wrongful death action requires us to define the potential liability of architectural parties in the circumstances of a large construction project, an extensive contract for their services, and the involvement of multiple codefendants. It presents a challenging exercise in civil procedure.

On August 4, 2004, Roger LeBlanc, a maintenance electrician employed by the Massachu... More...   $0 (02-09-2011 - MA)

The plaintiff, Kevin Riley, appeals from the summary judgment rendered by the trial court in favor of the defendants, Melvin Pierson and Virginia Pierson, in an action arising out of his repayment of a promissory note. The court denied the plaintiff’s motion for summary judgment with respect to the plaintiff’s claims of breach of contract, unjust enrichment and quantum meruit, and rendered sum... More...   $0 (02-08-2011 - CT)

The Washington product liability act (WPLA), chapter 7.72 RCW, sets forth a statutory form of vicarious liability whereby a product seller assumes the liability of a manufacturer where a product is marketed under the seller’s brand name. Because permitting the product seller to attribute fault to the actual manufacturer would abrogate this provision of the WPLA, principles of comparative fault d... More...   $0 (02-07-2011 - WA)

Leroy Bushnell, as the personal representative of the Estate of Evelyn Bushnell (Bushnell), appeals summary judgment dismissal of the lawsuit against Medico Insurance Company of Nebraska (Medico) for denial of coverage under a nursing care insurance policy issued to Evelyn Bushnell in 1987. Medico denied Bushnell’s claim for nursing care benefits on the grounds that the three-day prior hospitali... More...   $0 (02-07-2011 - WA)

Illinois National Insurance Company ["INIC"] seeks certiorari review of a postjudgment order of the trial court lifting the abatement of the bad faith claim of Respondent, Patricia Bolen ["Bolen"], while the insurer's appeal of the excess judgment is pending. We agree the lifting of the abatement was premature and reverse.

Bolen was involved in a motor vehicle accident on May 28, 2005, in S... More...   $0 (02-04-2011 - FL)

This insurance coverage case arises out of a tragic car accident. Despite the resources that have been invested in litigating this action, we must dismiss it to start anew in state court because the amount in controversy is one penny short of our jurisdictional minimum.

I.

The plaintiffs-appellants, John and Betty Freeland, loaned their Pontiac Trans Sport minivan to their son, John ... More...   $0 (02-04-2011 - OH)

Plaintiff was severely injured while riding his snowmobile on defendant's land. Plaintiff appeals a judgment that dismissed his negligence action on summary judgment on alternative theories. First, the trial court concluded that defendant was immune from liability under ORS 105.682(1) because plaintiff's injuries arose out of his use of defendant's land for a recreational purpose. Second, the tria... More...   $0 (02-02-2011 - OR)

In an insurance application submitted to plaintiff Titan Insurance Company on August 24, 2007, defendant McKinley Hyten represented that she possessed a valid driver’s license as of that date. In reality, Hyten’s license had been suspended and was not restored until nearly a month later, on September 20, 2007. In February 2008, Hyten was involved in an automobile accident in which defendants M... More...   $0 (02-01-2011 - MI)

For the following three reasons, the trial court refused to enforce a fee-sharing agreement between lawyers—plaintiff James Brown and defendant Milton Grimes—arising out of cases they handled in Texas: Brown had not performed his contractual responsibility to pay Paul Ross, a third party; Brown had unclean hands because he had unethically agreed to share his fees with Ross, a former lawyer who... More...   $0 (01-27-2011 - CA)

Before us for decision are consolidated appeals from judgments, all in favor of the plaintiff, in 18 lawsuits brought in two federal district courts in Illinois under the diversity jurisdiction. (Origi2 nally there were 25 suits; three of the other seven were settled; presumably the defendants in the other four simply accepted their defeat.) Illinois law is agreed to govern the substantive issues.... More...   $0 (01-24-2011 - IL)