In Osborn v. Hertz Corp. (1988) 205 Cal.App.3d 703 (Osborn), the court held that: (1) a rental car agency is not liable for negligent entrustment when it rents a car to a validly licensed driver who shows no sign of unfitness to drive (id. at p. 713); (2) an agency has no duty to inquire into the driving record of the renter by asking a series of questions concerning, inter alia, whether the rente... More...   $0 (09-28-2010 - CA)

This interlocutory appeal from a temporary injunction concerns whether Kirk Kennedy, a former in-house counsel and corporate secretary for Gulf Coast Cancer & Diagnostic Center at Southeast, Inc. (Gulf Coast), is entitled to retain, for his own use, a copy of a legal opinion memorandum concerning Gulf Coast’s potential liability for its former executive’s alleged misconduct. Kennedy solicited... More...   $0 (09-23-2010 - TX)

The plaintiffs in this declaratory judgment action, Alpha Construction and Engineering Corporation (“Alpha”), Rummel, Klepper & Kahl (“RKK”), United States Fidelity and Guaranty Company (“USF&G”), and The American Insurance Company (“American”) (collectively, the “Plaintiffs”), appeal from the district court’s judgment in favor of defendant The Insurance Company of the State ... More...   $0 (09-22-2010 - MD)

Landers Auto appeals the district court's1 grant of summary judgment in favor of Continental Western on Landers's claims for indemnity and defense under an insurance contract. We affirm.

I

At all times relevant to this suit, Landers Auto maintained comprehensive liability insurance for its auto dealership with Continental Western. In 2003, Landers sold a car to Latwanna Clark. The ca... More...   $0 (09-18-2010 - AR)

Appellants, Michael A. Phillips, Maria E. Phillips, and Quantum Investment Partners, L.L.C. (“Quantum”), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, B.R. Brick and Masonry, Inc. (“BR Brick”), in BR Brick’s suit against appellants for violating the Texas Uniform Fraudulent Transfer Act (“TUFTA”).[1] In three of their four issues, appellan... More...   $0 (09-10-2010 - TX)

The appellants in this litigation are homeowners who embarked on a major residential home improvement project. They appeal from a judgment in these cross-actions in favor of their general contractor which awarded them only $1,000 in damages on their negligence cause of action. They contend the trial court erred in enforcing an oral contract in violation of statutory requirements that the contract ... More...   $0 (09-06-2010 - CA)

This is a personal injury automobile negligence action. The issue presented is whether an out-of-state resident whose automobile is insured by an insurance company, which, although not authorized to transact either private passenger automobile or commercial motor vehicle insurance business in this State, controls affiliate companies that are authorized to transact commercial motor vehicle business... More...   $0 (08-27-2010 - NJ)

This commercial landlord-tenant dispute involves a tenant who overstayed its welcome at a warehouse with a leaky roof, the replacement of which both landlord and tenant deny is their responsibility. After the tenant filed an action for declaratory

1 We refer to the defendants collectively as “Bolger” and use the pronoun “he” both for ease of reading and because David Bolger was the ... More...   $0 (08-24-2010 - IL)

James Howard, a young man molested as a child by a Catholic priest, sued the Bishop who retained the priest in the diocese. A jury found the Bishop liable for negligent retention, and the court entered judgment in the amount of $5.5 million: $2.5 million in compensatory damages and $3 million in punitive damages. The Bishop settled with Howard while the case was on appeal, and agreed to join Howar... More...   $0 (08-19-2010 - CA)

This case requires us to determine whether the Feres doctrine, which generally bars judicial review of military decision-making, precludes us from hearing a Title VII suit brought by a “dual-status” National Guard technician, whose position was both military and civilian in nature. While Colonel Nancy Wetherill was initially granted a waiver of mandatory retirement from her military position, ... More...   $0 (08-18-2010 - SD)

The issue in this case is whether, following a court’s declaration that an insurer had no duty to defend its insured, the insurer is entitled to reimbursement of the amounts paid for the defense of its insured in the underlying lawsuit. The trial court held that the insurer was entitled to reimbursement, while the Superior Court held that it was not. For the following reasons, we affirm, holdin... More...   $0 (08-17-2010 - PA)

GEICO Indemnity Company seeks this court's discretionary review of an order of the county court entering final declaratory judgment in favor of Physicians Group, LLC, on Physicians Group's complaint against GEICO for further payment of medical bills for care provided by Physicians Group to GEICO's insured. GEICO claimed that a 2008 amendment to the personal injury protection (PIP) statute, section... More...   $0 (08-13-2010 - FL)

Plaintiffs Karoleen and Magda Mito appeal from an order dismissing their complaint with prejudice for failure to file it within the statute of limitations. Plaintiffs presented their complaint for filing to the superior court clerk on July 24, 2008, which date was within the applicable two-year statute of limitations. The clerk rejected it on the ground that plaintiffs failed to attach the “Civi... More...   $0 (08-10-2010 - CA)

In this case, the plaintff and appellant, Ben Soifer, appeals a judgment entered after the trial court sustained a demurrer to his first amended complaint without leave to amend. In Southland Title Corp. v. Superior Court (1991) 231 Cal.App.3d 530 (Southland), we held that a title company could not be held liable for the negligent preparation of a preliminary report of title. Rather, if a represen... More...   $0 (08-10-2010 - CA)

Federal regulations require motor carriers to have insurance for the protection of the public, which may be injured by collisions on the highway. 49 U.S.C. §13906; 49 C.F.R. §376.12(j)(1). Carriers may provide service through leased equipment—and a leased truck frequently is owned by its driver, who comes with the lease. See Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, In... More...   $0 (08-09-2010 - IN)

Renee Finnerty appeals an order entered on March 30, 2009 by the United States District Court for the Eastern District of Michigan, granting summary judgment in favor of defendants RadioShack Corporation, Kiosk Operations, Inc., and SC Kiosks, Inc. (collectively referred to as “RadioShack”) on Finnerty’s claims of discrimination, in violation of the Family Medical Leave Act, 29 U.S.C. § 261... More...   $0 (08-05-2010 - MI)

Hoot General Construction appeals the district court's1 verdict against it and in favor of John T. Jones Construction in an action brought on a contract between the two companies. Jones, in turn, appeals the district court's refusal to award certain liquidated damages and the district court's decision not to award attorneys fees related to claims against third parties. We affirm.

I

T... More...   $0 (07-28-2010 - IA)

We are asked to decide under the Manufactured/Mobile

Home Landlord-Tenant Act (MHLTA), chapter 59.20 RCW, whether a landlord

and tenant can lawfully agree to a 25-year lease that will convert to a one-year

lease if the tenant assigns it. Because the MHLTA expressly preserves the right

of a landlord and tenant to negotiate and agree to the term of a rental agreement... More...   $0 (07-22-2010 - WA)

This appeal arises from a negligence action brought by the plaintiff, Michael J. Woodruff,1 against the sole defendant, Tasha Hemingway, resulting from an automobile accident in which the defendant, a state employee, caused the vehicle that she was driving to collide with the rear of the plaintiff’s vehicle. The plaintiff now appeals from the judgment of dismissal rendered in favor of the defend... More...   $0 (07-20-2010 - CT)

[¶1] Gary Tibbetts appeals from a judgment entered in the Superior Court (Penobscot County, Murphy, J.) following a jury trial that awarded him damages for injuries stemming from a motor vehicle collision. The issues we address on appeal involve the payment of underinsured motorist insurance. Dairyland Insurance Co. cross-appeals in part because it contests the allocation of payment among the und... More...   $0 (07-15-2010 - ME)

Michael Brookbank appeals the district court‘s grant of summary judgment in favor of Farm Bureau Mutual Insurance Company, finding that Jamey Kinsey was not covered under M. Wilmoth Kinsey‘s homeowner‘s insurance policy. We affirm.

I.

Factual and Procedural History

Brookbank was injured on August 18, 2007, when he collided with Jamey‘s dog while riding his motorcycle. ... More...   $0 (07-07-2010 - ID)

Plaintiff Wendy Flomerfelt sustained temporary and permanent injuries after she overdosed on alcohol and drugs during a party hosted by defendant Matthew Cardiello at his parents' home while they were out of town. Plaintiff has little recollection of what she drank or ingested either before she arrived or during the party itself. Her complaint, however, asserted that her injuries were caused ... More...   $0 (07-07-2010 - NJ)

This case concerns events surrounding the purchase of property by the appellants, Rich and Renee Blackmore. The Blackmores were interested in moving from California to Idaho. Renee Blackmore (Renee) looked online for properties in Idaho and found a few that fit their needs. One of those properties was listed by Brad Thompson (Thompson) of Re/Max Tri-Cities, LLC (Re/Max). The Blackmores eventually ... More...   $0 (07-06-2010 - ID)

The plaintiffs, Paul Bonington and Julie Bonington, appeal1 from the summary judgment rendered in favor of the defendants, the town of Westport (town), the town’s planning and zoning department (department) and three department employees (individual defendants)2 in the plaintiffs’ negligence action. The plaintiffs had sought to recover litigation expenses they incurred in bringing an action ag... More...   $0 (07-06-2010 - CT)

The Kneibert Clinic, LLC ("Kneibert") filed suit against Dr. Richard Smith and Weatherby Locums Tenens, Inc. ("Weatherby"), alleging a claim of indemnification from Dr. Smith and Weatherby for a judgment incurred by Kneibert in a separate lawsuit brought by a patient allegedly harmed by the negligence of Kneibert and Dr. Smith. A jury rendered a verdict in favor of Dr. Smith and Weatherby. Kneiber... More...   $0 (07-06-2010 - MO)