This is an action based on ordinary negligence. Plaintiff, Dorothy Smith, filed a complaint against several defendants, including defendant/third-party plaintiff-appellee, West Suburban Medical Center (West Suburban), and defendant/third-party defendant-appellant, Triton College Foundation, d/b/a Triton Community College (Triton), alleging that she was injured when she fell off a stool in West Sub... More...   $0 (01-21-2010 - IL)

This case is before us on remand from the Oregon Supreme Court. In our previous decision, we determined in part that, for the purposes of plaintiffs' claim for breach of an express warranty, there was insufficient evidence in the record to permit a jury to find that defendant's territory manager had apparent authority to warrant a stucco siding system manufactured by defendant and installed in pl... More...   $0 (01-20-2010 - OR)

Plaintiff and appellant Julie Nieto failed to disclose information about her medical condition and treatment on a health insurance application she submitted to defendant and respondent Blue Shield of California Life & Health Insurance Company (Blue Shield). She filed an action against Blue Shield after it rescinded her insurance policy. The trial court granted Blue Shield‘s motion for summary ju... More...   $0 (01-19-2010 - CA)

More than 40 years ago, our state Supreme Court was called upon in Insurance Co. of North America v. Electronic Purification Co. (1967) 67 Cal.2d 679 (Electronic Purification) to interpret a commercial general liability insurance (CGL) policy with a ―products hazard‖ exclusion for bodily injury damages which included both ―products‖ and ―completed operations‖ language. Reading the lang... More...   $0 (01-11-2010 - CA)

Dennis Lyden appeals from a Superior Court judgment confirming an arbitration award in favor of Progressive Northern Insurance Company (Progressive). This case came before the Supreme Court on December 2, 2009, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the parties’ arguments and examinin... More...   $0 (01-08-2010 - RI)

Appellant, Frank Nardo (Nardo) sued the City of Philadelphia, (City) for back injuries he sustained while working at a City owned golf course, while he was digging in a flower bed. At the time of Nardo’s injury, Nardo was employed by the then current management company which operated and maintained the various golf courses owned by the City. Nardo filed suit for damages for personal injuries in ... More...   $0 (01-08-2010 - PA)

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...   $0 (01-06-2010 - WA)

In this dispute involving a vehicle collision and uninsured motorist coverage, the insured, plaintiff Gerald Ryan, appeals the trial court’s grant of summary judgment in favor of his insurer, defendant State Farm Mutual Automobile Insurance Company (State Farm). Plaintiff contends he is entitled to coverage because the vehicle at issue was not furnished or available for his regular use and, thus... More...   $0 (01-06-2010 - IL)

The sole issue in this case is whether an 11-month delay in notice of an occurrence is reasonable notice to an insurance company under the provisions of its policy.

BACKGROUND

Procedural History

Plaintiff’s minor son, age 11, sustained an injury at a paintball facility operated by Adrenaline Games, Inc., an Illinois corporation (Adrenaline). On November 3, 2003, plaintiff fi... More...   $0 (01-06-2010 - IL)

We address in this opinion two issues. The first is the sufficiency of the allegations in a complaint to survive demurrer. Second, we address whether equitable considerations might warrant an exception to the requirement that a shareholder maintain continuous ownership of stock in order to maintain standing to bring a shareholder derivative action. We will hold that the allegations here were suffi... More...   $0 (12-23-2009 - CA)

On April 30, 2004, members of the Alice High School band went on an overnight field trip to Six Flags Fiesta Texas in San Antonio, Texas. The Alice Independent School District contracted with Garcia Holiday Tours to transport the students on one of its buses. The bus driver was Raul Garcia, an employee of Garcia Holiday Tours. Unknown to Raul Garcia, he was infected with active tuberculosis. Durin... More...   $0 (12-23-2009 - TX)

The Southeastern Pennsylvania Transportation Authority (“SEPTA”) appeals from an order of the United States District Court for the Eastern District of Pennsylvania granting summary judgment to the National Railroad Passenger Corporation (“Amtrak”) on its cross-claim against SEPTA. The District Court determined that SEPTA’s state-law sovereign immunity defense is preempted by Amtrak’s f... More...   $0 (12-23-2009 - PA)

The plaintiff Mieczyslaw Karwowski1 appeals from the summary judgment rendered by the trial court in favor of the defendants Andrew Fardy and Travelers Indemnity Company (Travelers) in this malicious prosecution case. On appeal, the plaintiff claims that the court improperly granted the defendants’ motion for summary judgment, failing to view the evidence in the light most favorable to him as th... More...   $0 (12-22-2009 - CT)

This action arises out of the death of Melinda Neal Fairbanks following her arrest by deputies of the Whitfield County Sheriff’s Office. The administrators of Fairbanks’ estate brought a 42 U.S.C. §1983 claim along with various state law claims against the deputies in their official and individual capacities. The administrators also asserted a state law wrongful death claim against Taser Inte... More...   $0 (12-03-2009 - GA)

We granted certiorari in this case to determine whether a defendant insurance company’s payments, pursuant to the no fault medical payment coverage provision in a commercial general liability policy, qualified as an acknowledgment sufficient to interrupt prescription for all claims arising out of an accident. For the reasons that follow, we hold that the no fault medical payment provision in an ... More...   $0 (12-01-2009 - LA)

Capitol Environmental Services, Inc. (CES), appeals a final judgment awarding $630,399.74 to Earth Tech, Inc., for breach of contract. CES raises four issues on appeal: 1) whether the trial court erred in denying its motion for summary judgment on Earth Tech’s breach of contract claim; 2) whether the trial court erred in denying its motion for summary judgment on Earth Tech’s contractual indem... More...   $0 (11-30-2009 - FL)

Appellee commenced the present medical malpractice action grounded on an asserted failure to timely diagnose and treat osteosarcoma in his wife, Linda Maloney. He alleged, among other things, medical negligence on the part of Appellant Maurice Prendergast, M.D. (an internist) and Richard E. Brennan, M.D. (a radiologist), as well as vicarious liability on the part of institutional defendants associ... More...   $0 (11-25-2009 - PA)

Appellant, WPS, Inc. ("WPS"), appeals a final judgment, rendered upon trial to the jury and to the bench, in favor of appellee, EnerVest Operating, L.L.C., for actual damages and attorney's fees. We determine whether (1) the trial court abused its discretion in charging the jury; (2) legally and factually sufficient evidence supported the verdict; (3) various contractual provisions precluded or li... More...   $0 (11-23-2009 - TX)

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...   $0 (11-19-2009 - WA)

Palm Beach Polo Holdings, Inc. timely appeals a final money judgment entered in favor of Equestrian Club Estates Property Owners Association, Inc. awarding attorney’s fees pursuant to a proposal for settlement. This

Court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).

Appellee, Equestrian Club Estates Property Owners Association, Inc. (Association) owns a private road which ... More...   $0 (11-18-2009 - FL)

Defendant issued an automobile liability insurance policy and a personal umbrella policy covering a car involved in an accident that resulted in the death of plaintiff's husband. The auto policy contains an omnibus clause that provides that the policy covers anyone using the car with the permission of the "policyholder." Plaintiff brought an action against the driver and a passenger in the car, ... More...   $0 (11-18-2009 - OR)

In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.1 (“SFX”), appeals the district court’s denial of its post-trial motion for judgment as a matter of law (“JMOL”). SFX argues that a reasonable jury could not have found SFX liable for wanton conduct based on its staging of an August 2003 motorcycle race in which Arthur Wagner, Jr. (“Wagner”), crashed and was se... More...   $0 (11-13-2009 - KS)

Academic Imaging, LLC, and Newark Health Imaging, LLC (“NHI”), filed suit against Soterion Corp., Soteria Imaging Services, Inc., and other parties, in connection with Academic’s purchase of Soterion’s interest in NHI, which Academic and Soterion owned jointly. Academic and NHI brought a number of causes of action in tort and contract, including conversion, violation of Ohio Rev. Code § 1... More...   $0 (11-13-2009 - OH)

Plaintiffs Roy Evans and Arthea LaFrades (together plaintiffs) each owned homes in which shower pans manufactured by defendant Lasco Bathware, Inc. (Lasco) were installed. Plaintiffs' action against Lasco alleged the shower pans suffered from design defects that resulted in water leakage, and the leakage caused damage to adjacent building components. Plaintiffs' fourth amended complaint (FAC), sty... More...   $0 (11-06-2009 - CA)

We have for review the decision of the Second District Court of Appeal in TSE Industries, Inc. v. Larson & Larson, P.A., 987 So. 2d 687 (Fla. 2d DCA 2008), in which the district court certified direct conflict with the decision of the Fourth District Court of Appeal in Integrated Broadcast Services, Inc. v. Mitchel, 931 So. 2d 1073 (Fla. 4th DCA 2006), regarding when the two-year statute of limita... More...   $0 (11-05-2009 - FL)