Defendants Pacific Indemnity Co. and Federal Insurance Co. (collectively “defendantsâ€�) appeal the district court’s denial of their request for expert witness fees and double costs pursuant to Arizona Rule of Civil Procedure 68 (“Arizona Rule 68â€�). The district court found that Arizona Rule 68 did not apply because it conflicts with Federal Rule of Civil Procedure 68 (“Federal Rule 68â€... More...   $0 (12-06-2010 - AZ)

{¶ 1} Today this court must examine the following issue: When parties to a tort claim have executed a settlement agreement and consent judgment entry, may one party subsequently institute a separate cause of action for fraud in the inducement of the settlement agreement without seeking relief from the consent judgment and rescinding the settlement agreement? We answer in the negative and, therefo... More...   $0 (12-02-2010 - OH)

The dispositive question presented by this appeal is whether § 301 of the Labor-Management Relations Act (“LMRAâ€�), 29 U.S.C. § 185, preempts Plaintiffs’ state-law claims asserted against the National Football League (“NFLâ€�) and the National Football League Players’ Association (“NFLPAâ€�). Because Plaintiffs’ claims arise from or are substantially dependent upon an interpretation... More...   $0 (12-01-2010 - )

Education Code section 51210 states: “The adopted course of study for grades 1 to 6, inclusive, shall include instruction . . . in the following areas of study: [¶] . . . [¶] (g) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exc... More...   $0 (11-30-2010 - CA)

Karen Scruggs Simmons, individually and as representative of the Estate of Brandon Scruggs, appeals the trial court's order dismissing her suit, with prejudice, against Texoma Medical Center ("TMC"). We affirm.

BACKGROUND

The following facts are taken from Simmons' original and amended petitions. Having overdosed on the antipsychotic drug, Loxapine, Simmons' son, Brandon Scruggs, was... More...   $0 (11-30-2010 - TX)

{1} Walter Grassie died less than two hours after he was admitted to the emergency room at Eastern New Mexico Medical Center (Hospital) in Roswell, New Mexico. Mr. Grassie’s personal representative sued the Hospital asserting that (1) the emergency room medical staff was medically negligent; (2) the Hospital was negligent in allowing the treating physician to practice in its facility; and (3) th... More...   $0 (11-20-2010 - NM)

Donald Malen slipped while getting off his reconditioned riding lawn mower and injured his foot on the rotating blade. He and his wife sued the manufacturer and seller, claiming that the mower was defective in design and construction. The district court granted summary judgment for the defendants because undisputed evidence established that Malen’s own actions were the sole proximate cause of hi... More...   $0 (11-19-2010 - IL)

Plaintiff is insured under a disability policy issued by defendant. The policy provides lifetime benefits for disability resulting from an accidental injury, but benefits end at age 65 for disability resulting from disease or sickness. Plaintiff's disability is cognitive impairment caused by the cumulative effect of hypoxia--lack of oxygen to the brain--that occurred during incidents of undiagno... More...   $0 (11-17-2010 - OR)

Bellesea and Zsekainah Laschober, et al. (Plaintiffs) appeal from the grant of summary judgment in favor of the City of Kinloch (Kinloch) on Plaintiffs’ wrongful death action involving Elizabeth Buchanan (Decedent). On appeal, Plaintiffs argue the trial court erred in granting Kinloch’s motion for summary judgment because there was a genuine dispute as to whether Kinloch had in place a policy ... More...   $0 (11-16-2010 - MO)

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 (11-15-2010 - )

Geoffrey Zimmerman, M.D., challenges the trial court’s order denying his motion for summary judgment on the health care liability claims against him by Wendy Gonzalez Anaya. Following a remand from the Texas Supreme Court, we consider Zimmerman’s contention that his affirmative defense of official immunity bars Gonzalez Anaya’s negligence claims. We reverse and render.

Background<... More...   $0 (11-12-2010 - )

This case arises from the trial court’s grant of Appellee Indemnity Insurance Company of North America’s no-evidence motion for summary judgment. Appellant Lori L. Collins argues that the trial court erred in granting summary judgment because she presented some evidence that she was injured in the course and scope of employment and thus suffered a “compensable injuryâ€� under the Texas Work... More...   $0 (11-10-2010 - TX)

¶1 Highland Crossing, L.P., Plaintiff/Appellant ("Owner"), seeks review of an order confirming an arbitration award in favor of Defendant/Appellee Ken Laster Company ("Subcontractor").1 The trial court denied Owner's Petition to Vacate the arbitration award and granted Subcontractor's Cross-Application for Order Confirming Arbitration Award against Owner.

¶2 Owner was a developer of a con... More...   $0 (11-04-2010 - OK)

Cevia Fleming sued Allstate Insurance Company, Allstate Indemnity Company, and Allstate Property & Casualty Insurance Company (collectively, "Allstate") for anticipatory breach of contract for Allstate's alleged failure to comply with the terms of a Rule 11 Agreement it entered into with Fleming and a putative class of similarly situated individuals. See Tex. R. Civ. P. 11. The district court gra... More...   $0 (10-24-2010 - )

Reliance Insurance Company (in liquidation) (“Relianceâ€�) and Texas Property and Casualty Insurance Guaranty Association (“TPCIGAâ€�) (collectively, “appellantsâ€�) sued John Lyle Hibdon a/k/a J.L. Hibdon, claiming that Hibdon interfered with appellants’ statutorily-prescribed rights to recover workers’ compensation payments by engaging in conversion, conspiracy, and unjust enrichment. ... More...   $0 (10-21-2010 - TX)

DAVID RYON, DBA, SWIFT RECOVERY V. NIKKI COLEMAN, DBA, MAD HAIR TRESS V. WILLIAM "BILL" KOZIK

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: RYON, DAVID
Filed Date: 05/01/2009
Party Name Disposition Information
Defendant: COLEMAN, NIKKI Disposed: DISMISSED - WITH PREJUDICE, 08/19/2009. Dismissed- Settled
Issue # 2. Issue: COUNTERCLAIM - VI... More...   $0 (10-18-2010 - OK)

This appeal calls upon us to determine whether Pennsylvania law imposes upon a shipper a duty of due care to safely secure the goods the shipper has loaded in a third-party carrier’s tractor-trailer. The District Court, concluding that Pennsylvania law did not impose such a duty, awarded summary judgment in favor of the shipper, The ESAB Group, Inc. (“ESABâ€�), and against the carrier’s inju... More...   $0 (10-18-2010 - PA)

Ron Starr appeals from the judgment entered after the family law court found that the house he bought in his name only while married to former wife Martha Starr was community property and ordered him to convey the property to them both as tenants in common. The evidence shows that Martha quitclaimed her interest in the house based on Ron‟s promise to put her on title after the purchase was compl... More...   $0 (10-15-2010 - CA)

This case arises out of a dispute over insurance coverage for plaintiffs' ship dismantling business. Before this court, the parties have raised primarily two issues. The first is whether plaintiffs or defendants had the burden to prove that environmental damages resulting from the operation of plaintiffs' business were neither expected nor intended. On that issue, the Court of Appeals held that... More...   $0 (10-14-2010 - OR)

On May 29, 2006, Kevin L. Holt (“Holtâ€�) sustained head trauma in an automobile accident in Arkansas. He was initially taken by ambulance to the Regional Medical Center of Northeast Arkansas, but the nature of his injuries required his transfer to the Regional Medical Center in Memphis, a hospital operated by the plaintiff, Shelby County Health Care Corporation (“the Medâ€�). On the day follo... More...   $0 (10-13-2010 - TN)

In this cause of action involving the wrongful death act, MCL 600.2922, defendants appeal by way of leave granted the trial court’s denial of their motion for summary disposition. On appeal, defendants argue that none of plaintiffs’ claims are compensable under the wrongful death act. We affirm.

I. SUBSTANTIVE FACTS

As alleged by plaintiffs in their first amended complaint, C... More...   $0 (10-12-2010 - MI)

¶1 George Allen Beers appeals the district court's order granting his automobile insurance carrier Northland Insurance Company's motion for summary judgment. Beers sued NIC, claiming that NIC breached the insurance contract and its duty of good faith and fair dealing by unreasonably delaying payment of his claim for uninsured motorist (UM) benefits.1 Although the district court correctly disposed... More...   $0 (10-08-2010 - OK)

Jose Sanchez began working as an apprentice mill worker for Xelica LLC in 2001. Xelica manufactured windows and doors, and its shop was located in one of Nashville’s light industrial areas near I-65 and Herschel Greer Stadium. Mr. Sanchez was generally the first employee to arrive at the shop each morning, and the owner of the business had given him permission to open the building and begin work... More...   $0 (10-06-2010 - TN)

In California, a casualty insurance company cannot charge a rate unless the rate is part of a rate plan which has been approved in advance by the Department of Insurance (DOI). The Insurance Code provides specific administrative remedies which may be pursued in order to challenge a rate as illegal, even after the rate has been approved. Judicial review of the administrative proceedings is availabl... More...   $0 (10-06-2010 - CA)

Particularly in these days of rampant foreclosures and short sales, “[t]he manner in which California‟s licensed real estate brokers and salesmen conduct business is a matter of public interest and concern. [Citations.]â€� (Wilson v. Lewis (1980) 106 Cal.App.3d 802, 805-806.) When the real estate professionals involved in the purchase and sale of a residential property do not disclose to the b... More...   $0 (10-06-2010 - CA)