The plaintiff, David M. Lehn, administrator of the estate of Richard Aiello, appeals from the judgment of the trial court, Holzberg, J., opening the judgment rendered against the defendants, Marconi Builders, LLC (Marconi Builders), and James P. Marconi. On appeal, the plaintiff claims that, under General Statutes § 52-212a, the court lacked authority to open the judgment. We disagree and therefo... More...   $0 (04-20-2010 - CT)

Plaintiff-Appellee Frederick J. Harrington, Jr., 31 (“Harrington”) filed this action in the United States District 32 Court for the Eastern District of New York (Nina Gershon, 33 Judge), against Defendants-Appellants Atlantic Sounding Co., 34 Inc., Weeks Marine, Inc. (Atlantic Sounding’s corporate parent), 35 and the vessel MV CANDACE (collectively, “Defendants”) pursuant -3- 1 to the Jo... More...   $0 (04-16-2010 - NY)

In this appeal in a declaratory judgment proceeding brought by Nationwide Mutual Insurance Company, the issue is whether the circuit court erred in holding that Nationwide owed no duty to defend Adam Charles Copp, one of its insureds, in a tort action brought against him by Gregory M. Jacobson. Finding that the circuit court did err in this respect, we will reverse its judgment.

At the time... More...   $0 (04-15-2010 - VA)

This case is before the Court to review the decision of the Second District Court of Appeal in Attorneys‟ Title Insurance Fund, Inc. v. Gorka, 989 So. 2d 1210 (Fla. 2d DCA 2008). The district court certified its decision to be in conflict with the decision of the First District Court of Appeal in Clements v. Rose, 982 So. 2d 731 (Fla. 1st DCA 2008), with regard to the validity and enforceability... More...   $0 (04-15-2010 - FL)

Otay Land Company and Flat Rock Land Company sued United Enterprises, Inc., United Enterprises, Ltd., and U.E. Limited, L.P. (collectively United) in both federal and state courts for recovery of environmental response costs, damages, and other forms of equitable and statutory relief arising from the operation of a shooting range on property United owned on Otay Mesa between 1956 and 1988 (the und... More...   $0 (04-09-2010 - CA)

While employed by Pacific Rail Services, LLC (“PRS”), plaintiff Michael Campbell was injured when the railroad transport vehicle he was driving was rear-ended at a rail yard owned by defendant BNSF Railway Company f/k/a The Burlington Northern & Santa Fe Railway Company (“BNSF”). In this negligence action, Campbell alleges that he was an “employee” of BNSF for purposes of the Federal E... More...   $0 (04-09-2010 - TN)

Chad Dobbins appeals from the district court’s order denying his motion to recover attorneys’ fees in an action brought against him by appellees Dollar Phone Corporation and Dollar Phone International, Inc. (collectively “Dollar Phone”). Exercising jurisdiction under 28 U.S.C. § 1291, and reviewing the indemnity provision at issue de novo,1 we affirm.

Dollar Phone is a wholesale pr... More...   $0 (04-09-2010 - OK)

A municipal ordinance requires a police permit for persons in “the business of buying, selling, exchanging or otherwise dealing in secondhand books.” A hobbyist who collects secondhand books for his personal use—and not for resale—has brought a lawsuit for declaratory relief, challenging the municipality’s claim that he must obtain a police permit for his collecting activities. The trial... More...   $0 (04-07-2010 - CA)

RC2 Corporation, Inc. and related entities (collectively “RC2”) design and market toys that are primarily manufactured in China. ACE American Insurance Company issued commercial general liability policies to RC2 covering the period from August 1, 2003 to November 1, 2007. The policies excluded coverage of occurrences that took place within the United States. Notwithstanding this exclusion, the... More...   $0 (04-05-2010 - IL)

¶1 Alea London Ltd.1 (Plaintiff) appeals a judgment which found the commercial general liability policy (CGL policy) it issued provided coverage for a damage award in another lawsuit (the underlying lawsuit) in favor of Erica L. Gilmore (Gilmore) and Charlena J. Kennedy (Kennedy) against Canal Club, Inc., d/b/a The Wild Coconut (Canal Club). We conclude the CGL policy does not provide such covera... More...   $0 (04-02-2010 - OK)

We are called upon here to construe the Maryland Home Improvement Law (the Act), Maryland Code (1975, 2004 Repl. Vol.), §§ 8-100 through 8-702 of the Business Regulation Article.1 At issue is whether a home improvement general contractor is contractually obligated to pay a subcontractor who was not licensed under the Act, either at the time of entering into the subcontract or when the subcontrac... More...   $0 (04-02-2010 - MD)

Appellant Toyota Industrial Equipment Mfg., Inc. (TIEM) appeals the trial court’s grant of summary judgment in favor of appellee Carruth-Doggett, Inc., d/b/a ToyotaLift of Houston (ToyotaLift) on its statutory claim for indemnity for losses arising out of a products liability suit. In two issues, TIEM argues that the trial court erred in granting summary judgment because (1) TIEM did not owe a d... More...   $0 (04-01-2010 - TX)

Geographic Expeditions, Inc. (“GeoEx”), appeals the district court’s dismissal of GeoEx’s petition to compel arbitration for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(b)(1). GeoEx contends subject matter jurisdiction exists under 28 U.S.C. § 1332(a), which provides federal jurisdiction over disputes between citizens of different states in which the amount in controversy exce... More...   $0 (03-31-2010 - CA)

These appeals, by Glenn Gorelick and Dennis Gorelick, are from the judgments rendered in two consolidated actions after a trial to the court. On appeal, the Gorelicks challenge various conclusions reached by the trial court with respect to the distribution of partnership funds and the proceeds from the sale of real estate in connection with the dissolution of a family partnership. We reverse in pa... More...   $0 (03-31-2010 - )

The defendant, Marguerite A. Komondy, appeals from the judgment of the trial court granting the application to confirm an arbitration award filed by the plaintiff, Middlesex Mutual Assurance Company, and denying her motion to vacate the award. The defendant claims that the court improperly (1) confirmed the award and denied her motion to vacate and (2) failed to issue an order specifying the manne... More...   $0 (03-30-2010 - CT)

Plaintiff-appellant West Bend Mutual Insurance Company (“West Bend”) appeals from the grant of summary judgment in favor of appellees, who consist of a group of insurance companies that includes the United States Fidelity and Guaranty Company (“Fidelity”) and Federated Mutual Insurance Company (“Federated”). West Bend initially sued the defendants for breach of contract because Federat... More...   $0 (03-25-2010 - )

Education Code section 35330 (§ 35330) provides a school district immunity from liability for school district student injuries occurring during a field trip conducted by the school district. In this action, we decide whether section 35330 provides a school district immunity from liability for student injuries occurring during a field trip on property owned and operated by a school district, which... More...   $0 (03-23-2010 - CA)

In 2004, plaintiffs Gevork Nazaretyan and Narine Ghazaryan applied for and obtained health coverage from defendant California Physicians‟ Service, doing business as Blue Shield of California (Blue Shield), a health care service plan. In 2006, Blue Shield rescinded plaintiffs‟ coverage on the ground that their application contained several material misrepresentations concerning their medical hi... More...   $0 (03-23-2010 - CA)

This court is called upon to decide whether a complaint alleging that postassault negligence caused or exacerbated injuries falls under an insurance policy's assault and battery exclusion. We find it does not. We are also asked whether an insurer breached its duty to defend as a matter of law when, relying upon an equivocal interpretation of case law, it gave itself the benefit of the doubt ... More...   $0 (03-18-2010 - WA)

The City of Los Angeles (City) obtained millions of dollars worth of construction work that it does not want to pay for. It believes it is absolved of any obligation to pay by Public Contracts Code section 71071 and Amelco Electric v. City of Thousand Oaks (2002) 27 Cal.4th 228 (Amelco) on the theory that they dictate a method of proving contract damages, a method that the contractor, Dillingham-R... More...   $0 (03-18-2010 - CA)

When 19 acres of land are offered for sale for $1.00, any purchaser has reason to be wary. The Milwaukee Metropolitan Sewerage District is responsible for flood control and wastewater treatment in the greater Milwaukee area. As part of a flood control project, the District needed to acquire from Milwaukee County a piece of real estate along Lincoln Creek. The nominal asking price was $1.00. In ant... More...   $0 (03-10-2010 - WI)

This appeal arises from a final summary judgment determining that coverage existed under a family automobile insurance policy issued by the appellant, Geico Indemnity Company (“Geico”), for an accident involving a rental car. Geico argues that there was no coverage under the policy because the rental car did not qualify as a “temporary substitute auto.” We agree and reverse. Kutasha Shazie... More...   $0 (03-10-2010 - FL)

When multiple insurance companies have the duty to defend the same mutual insured against the same legal action, the costs of the defense are to be allocated among the insurers equitably. When an insurance company which has the duty to defend declines to participate in the defense of the common insured, those insurers who contributed to the defense may pursue an action for equitable contribution a... More...   $0 (03-10-2010 - CA)

The plaintiff, Dow-Westbrook, Inc., appeals after a trial to the court, from the judgment in favor of the defendant, Candlewood Equine Practice, LLC (Candlewood Equine), finding that the defendant was not negligent as a result of injuries suffered by the plaintiff’s horse, Eiffel Tower, at the defendant’s veterinary clinic. On appeal, the plaintiff argues that the court erred by finding (1) in... More...   $0 (03-09-2010 - CT)

Fire Insurance Exchange (FIE) denied insurance coverage to Zary Abdelhamid for the fire that burned her house down, claiming she had (1) failed to produce requested documentation, (2) failed to answer material questions when she was examined under oath, (3) failed to submit a completed proof of loss with necessary documentation, and (4) failed to cooperate in the processing of her claim. The trial... More...   $0 (03-09-2010 - CA)