In this appeal, the parties, who were all named as defendants in an underlying medical malpractice action, argue over the proper statute of repose to be applied to the defendant hospital’s implied indemnity claim against the defendant doctors and their employer. In accord with the determinations made by the circuit and appellate courts, we hold that section 13–212(a) of the Code of Civil Proce... More...   $0 (01-21-2011 - IL)

After he was forced out of his position as an Initial Appearance Hearing Officer for the Maricopa County Superior Court, Vernon Harris unsuccessfully sued the Superior Court and the other defendants for violations of, inter alia, his rights under Title VII of the Civil Rights Act and the Fourteenth Amendment. Defendants then sought substantial attorneys fees and costs from Harris, and were awarded... More...   $0 (01-20-2011 - AZ)

¶1 In this construction defect class action, the Plaintiff homeowners entered into a settlement agreement with the Defendant developer, Hancock Communities, LLC, and HC Builders, Inc., (collectively, “Hancockâ€�) and two of Hancock’s insurers: Commercial Underwriters Insurance Company (“CUICâ€�) and Clarendon America Insurance Company (“Clarendonâ€�) (collectively, the “Direct Insurersâ... More...   $0 (01-20-2011 - AZ)

¶1 This case involves an attempt by a qui tam taxpayer to intervene in a declaratory judgment action which was brought by officials in response to the qui tam demand and notice. The taxpayer challenged the City's expenditure of funds for an economic development project which involved construction and location of a sporting goods store, Bass Pro, in the City of Broken Arrow. The construction had b... More...   $0 (01-18-2011 - OK)

Because the trial court acted within its discretion to reduce an insurance carrier’s lien on plaintiff’s recovery from a thirdparty tortfeasor pursuant to North Carolina law, we affirm the order of the court.

Facts

Plaintiff-appellee Lance Cook sustained an injury by accident on 19 December 2005, while working for Oryan Group, Inc., (the Oryan Group) on the premises of Lowe’s H... More...   $0 (01-18-2011 - NC)

In this product liability case, we address issues concerning the statute of repose and breach of warranty. We conclude that exterior sidewall sprinkler heads are “equipmentâ€� under Code § 8.01-250 and reverse the judgment of the circuit court that the sprinkler heads are ordinary building materials. We also hold that a manufacturer’s description of how a sprinkler head functions does not con... More...   $0 (01-13-2011 - VA)

Our opinion in this cause issued on August 10, 2010. Appellant, Shawn Hudson, timely filed a motion for en banc reconsideration, which serves to maintain our plenary power over the appeal. See Tex. R. App. P. 19.1(b); see also City of San Antonio v. Hartman, 201 S.W.3d 667, 670-71 (Tex. 2006). We now sua sponte withdraw our August 10, 2010 opinion and judgment and issue this opinion and judgment i... More...   $0 (01-13-2011 - TX)

The Weitz Company, LLC, sued MH Washington, LLC, MacKenzie House, LLC, and Summit Steel Fabricators, Inc., for breach of contract. The jury returned verdicts for Weitz against MH Washington/MacKenzie House (for $981,976) and against Summit Steel (for $326,839). The jury also found for MH Washington/MacKenzie House on its breach-of-contract counterclaim against Weitz (for $285,400.07). The district... More...   $0 (01-07-2011 - MO)

Appellants, family members of a deceased sandblaster, appeal the district court’s grant of summary judgment declaring that RLI Insurance Company (RLI) does not have a duty to indemnify Appellants’ gross negligence claim. We AFFIRM.

FACTS AND PROCEEDINGS

Hector Gonzalez, now deceased, was previously employed by ICO, Inc. (ICO) at its Odessa, Texas facility. In 2002, Gonzalez and h... More...   $0 (01-07-2011 - TX)

Appellants, Windsor Village, Ltd. and Jackob Elbaz, appeal from the trial court’s judgment awarding damages and attorney’s fees to appellee, Stewart Title Company, on its claims for fraud and indemnity. We affirm, in part, and reverse and render, in part.

Background

A fire broke out on November 20, 2002, in a condominium in the Villages of Fondren Southwest Condomini... More...   $0 (01-06-2011 - TX)

In this case, an underinsured-motorist claimant asks this Court to invalidate an “exhaustion clause� requiring her to exhaust the full limits of the tortfeasor’s insurance policy before being eligible for underinsured-motorist benefits.

II. FACTUAL AND PROCEDURAL BACKGROUND

Marcie Hill, the appellant, was injured in a two-car accident with Andrea Hamilton in November of 2005. A... More...   $0 (01-05-2011 - ID)

Plaintiff Charon Hare (plaintiff) appeals by right the circuit court’s order denying her motion for summary disposition and granting summary disposition in favor of garnishee Frontier Insurance Company (Frontier) on the ground that a New York antisuit injunction was entitled to full faith and credit. We affirm, albeit for a different reason than that relied on by the circuit court.

I
<... More...   $0 (01-04-2011 - MI)

David, Mary, and Lisa Blockowicz received an injunction ordering Joseph David Williams and Michelle Ramey to remove defamatory comments they posted about the Blockowiczs on www.ripoffreport.com (“RORâ€�), among other websites. Williams and Ramey never responded to the injunction, prompting the Blockowiczs to contact the websites on which the statements were posted to secure compliance with the i... More...   $0 (12-27-2010 - IL)

¶ 1. DOOLEY, J. This case concerns the proper allocation of settlement costs between insurers following a wrongful death settlement. The death occurred in 2002, when Paul H. Tucker (“Tuckerâ€�) was hauling waste for Casella Waste Management, Inc. (“Casellaâ€�) and collided with Robert Hathaway’s vehicle, killing Hathaway. Appellant, Old Republic Insurance Co. (“Old Republi... More...   $0 (12-23-2010 - VT)

This appeal requires us to determine when the one year limitation period of General Statutes § 31-294c (a)1 begins to run on a claim for hypertension benefits under General Statutes § 7-433c.2 The plaintiff, David Ciarlelli, appeals3 from the decision of the compensation review board (board), which affirmed the decision of the workers’ compensation commissioner for the third district (commissi... More...   $0 (12-21-2010 - CT)

In this diversity action, Defendant-Appellant Country Coach, Inc. appeals a $191,784 jury verdict for Plaintiff-Appellee Charles Farley on a claim for breach of the implied warranty of merchantability on Farley’s 2004 Country Coach Magna motor home. In particular, Country Coach alleges that the district court erred by reversing its grant of summary judgment on Farley’s implied-warranty claim, ... More...   $0 (12-15-2010 - MI)

Willie Mae Taylor appeals a summary judgment that dismissed her workers’ compensation claim. She also appeals an earlier judgment that sustained the compensation carrier’s dilatory exception of vagueness. For the reasons expressed, we affirm the judgment insofar as it dismissed the claim for weekly indemnity benefits. However, finding genuine issues of material fact as to Ms. Taylor’s choice... More...   $0 (12-15-2010 - LA)

This appeal is from the WCJ’s denial of a motion to compel a second medical opinion/evaluation filed by the employer, Marathon Oil Company. Claimant, James C. Bowling, injured his lower back in the course of and arising out of his employment with Marathon in 1995. Since that time, Marathon has paid Bowling weekly indemnity benefits in the amount of $323 and has authorized all reasonable, necessa... More...   $0 (12-15-2010 - LA)

Zinc Nacional, S.A. brings this interlocutory appeal from the denial of a special appearance. At issue is whether a Mexican company that trucks its product into the United States at Laredo, Texas for transport to New Mexico may be sued in Texas for negligence in loading the trailer at its facility in Monterrey, Mexico which allegedly caused an accident that injured a Texas driver. In our original ... More...   $0 (12-15-2010 - TX)

Mark and Mary Del Buono filed suit against Ladd Vien and others alleging that their home was flooded because of the defendants’ negligence in constructing and maintaining a driveway on Vien’s property which prevented rainwater from draining off the Del Buonos’ property. Following a bench trial, the court found in favor of the Del Buonos. Vien contends in six issues that: (1) he owed no leg... More...   $0 (12-15-2010 - TX)

The dispositive issue in this workers’ compensation appeal is whether a surviving spouse of a deceased employee who had been receiving temporary total incapacity benefits is entitled to an award of permanent partial disability benefits only if the employee had affirmatively requested permanent partial disability benefits prior to his death. The defendants, Bruce R. Daly Mechanical Contractor (Da... More...   $0 (12-14-2010 - CT)

The California Arbitration Act (CAA) requires that “all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartialâ€� be timely disclosed to all parties (Code Civ. Proc., § 1281.9, subd. (a).)1 The issue in this case is whether this requirement may include business relationships with persons or entities... More...   $0 (12-10-2010 - CA)

This is an appeal from the grant of a no-evidence summary judgment in favor of appellee, Cathy Berry Lange A/K/A Cathy Berry Geary (Cathy), and against appellants, David and Michelle Crossland (the “Crosslandsâ€�). By three issues, the Crosslands urge that the no-evidence motion for summary judgment was improper because it attacked the entire indemnity claim rather than its specific elements, i... More...   $0 (12-09-2010 - TX)

This is an appeal from the grant of a no-evidence summary judgment in favor of appellee, Cathy Berry Lange A/K/A Cathy Berry Geary (Cathy), and against appellants, David and Michelle Crossland (the “Crosslandsâ€�). By three issues, the Crosslands urge that the no-evidence motion for summary judgment was improper because it attacked the entire indemnity claim rather than its specific elements, i... More...   $0 (12-09-2010 - TX)

Abbasid, Inc. (Abbasid) appeals the district court’s entry of summary judgment in favor of Travelers Indemnity Co. (Travelers) in this diversity action. Abbasid made a claim on its insurance policy with Travelers due to water and sewage damage to its inventory of Oriental rugs on September 7, 2005.1

Travelers denied coverage based on a policy exclusion for damage caused by a water or s... More...   $0 (12-07-2010 - NM)