The County Court at Law No. 3 in Cameron County entered an order in favor of appellees Modine Manufacturing Company (Modine) and Renato Zapata & Company (Zapata) enforcing a settlement agreement against appellant Two Brothers Trucking (Two Brothers) and awarding attorney's fees to Zapata. Two Brothers challenges the enforcement order and brings four issues on appeal, contending that: (1) the settl... More...   $0 (07-23-2009 - TX)

This case concerns an injury to a sea captain and the subsequent settlement of his claims by the third-party plaintiffs. The present appeal arises out of the third-party plaintiffs' attempt to recover the sums paid to settle the maritime personal injury action. Specifically, the third-party plaintiffs seek indemnity, contribution and equitable subrogation from the third-party defendants, who alleg... More...   $0 (07-21-2009 - FL)

This insurance indemnity action is drawn by the packaging of boxes of crayons and colored by the expense of settling a lawsuit directed at the packaging.

Plaintiff Federal Insurance Co. (Federal) filed a declaratory judgment action against defendant Binney & Smith, Inc. (Binney), seeking a declaration that it did not owe a duty to defend or indemnify defendant in connection with a class act... More...   $0 (07-15-2009 - IL)

State Auto Property and Casualty Insurance Company sued for a declaratory judgment that it had met its obligations under a fire policy issued to Boardwalk Apartments. Boardwalk counterclaimed for indemnity proceeds. Boardwalk also sued The Sloan Agency (Sloan), the independent insurance agency that secured the policy for Boardwalk.

The district court granted summary judgment to Sloan, rulin... More...   $0 (07-14-2009 - MO)

“and/or. A legal and business expression dating from the mid-19th century, and/or has been vilified for most of its life–and rightly so. To avoid ambiguity, don’t use it.”



Bryan Garner Footnote

This case involves an insurance law coverage iss... More...   $0 (07-12-2009 - TX)

Appellants All American Telephone, Inc. (AAT), Nelson Thibodeaux, Jamie Thibodeaux, and Tony Nowik appeal the trial court=s orders granting appellees USLD Communications, Inc.=s (USLD)[1] and Qwest Services Corporation=s (Qwest)[2] traditional and no-evidence motions for summary judgment. In four issues, appellants contend that the trial court improperly excluded their summary judgment evidence a... More...   $0 (07-09-2009 - TX)

¶1 Bowen Machine & Fabricating, Inc., doing business as Bowen Industrial Contractors, Inc., (“Bowen”) appeals from the trial court’s grant of partial summary judgment to James and Sherry Tarron on the issue of vicarious liability and the subsequent judgment after a jury trial finding Bowen 60% liable for the Tarrons’ damages. For the foregoing reasons, we reverse and remand.

Facts ... More...   $0 (07-08-2009 - AZ)

As Justice Holmes once remarked, “pretty much all law consists in forbidding men to do some things that they want to do.” Adkins v. Children’s Hospital, 261 U.S. 525, 568, 43 S. Ct. 394, 405 (1923) (Holmes, J., dissenting). In this case the Randolph County Board of Registrars wanted to change the voting registration of Henry Cook, a member of the county’s board of education, which also wou... More...   $0 (07-07-2009 - GA)

Nationwide Mutual Fire Insurance Company (“Nationwide”)1 appeals the order of the United States District Court for the Western District of Pennsylvania granting appellee George V. Hamilton, Inc. (“Hamilton”) summary judgment and dismissing Nationwide’s motion to compel arbitration.

Nationwide challenges the District Court’s determination that it was collaterally estopped from ... More...   $0 (07-06-2009 - PA)

This case arises from the sale of an expensive and historic home in Neenah, Wisconsin.

After moving in, the buyers discovered numerous defects in the home and sued the sellers in federal district court for breach of contract, various forms of misrepresentation, and negligence. The present appeal is limited to a dispute about insurance coverage—specifically, whether the sellers’ insurer ... More...   $0 (06-29-2009 - WI)

In United States Fidelity 8s Guaranty Company v. Technical Minerals, Inc . , 934 S.W .2d 266 (Ky. 1996), the court held that a company that contracted with a temporary labor service for temporary employees was a contractor for the purposes of Chapter 342. Thus, KRS 342.690(1) immunized the contractor from a temporary employee's tort action. This case presents the converse situation . It concerns w... More...   $0 (06-25-2009 - KY)

The present civil action stems from the capsizing in the Baltimore Harbor of a double-pontoon vessel called the "Lady D," resulting in the death of five persons thrown overboard and numerous injuries to others on board (the Accident). Prior to the Accident, the United States Coast Guard (the Coast Guard) had certified the Lady D to carry no more than twenty-five persons, based upon the results of ... More...   $0 (06-25-2009 - MD)

State Farm General Insurance Company (State Farm) and Mimin Mintarsih both appeal a judgment in a declaratory relief action. Mintarsih sued State Farm‟s insureds, Dennis Lam and Dina Lam, in the underlying action for false imprisonment and other counts arising from her employment as a domestic servant. She obtained a judgment against the Lams for compensatory and punitive damages, statutory pena... More...   $0 (06-25-2009 - CA)

This appeal arises from the trial court‟s denial of a physician‟s petition to compel arbitration of the wrongful death action brought by the adult children heirs of his patient, Rafael Ruiz (Rafael).1 Alejandra Ruiz (Wife) and the four adult children, Alejandro, Ana, Diana, and Samuel (collectively referred to as the Adult Children) filed an action against Anatol Podolsky, an orthopedic surgeo... More...   $0 (06-24-2009 - CA)

The goal of a mortgage flipping scam is to deceive a potential lender about the value of the collateral. Go-between G finds a building for sale and arranges its sale to Buyer B for more than its market value. B borrows the money for the purchase, assisted by Appraiser A, who certifies to the lender that the property is worth more than the actual purchase price. Someone else (if not G himself) cert... More...   $0 (06-24-2009 - IL)

As an element of the 1986 reorganization plan of the Johns-Manville Corporation (Manville), the United StatesBankruptcy Court for the Southern District of New Yorkenjoined certain lawsuits against Manville’s insurers, including The Travelers Indemnity Company and its affiliates (Travelers). The question is whether the injunc-tion bars state-law actions against Travelers based on allegations eith... More...   $0 (06-19-2009 - DC)

The question presented by the petitioner in this case iswhether a plaintiff must present direct evidence of age discrimination in order to obtain a mixed-motives juryinstruction in a suit brought under the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. §621 et seq. Because we hold that such a jury instruction is never proper in an ADEA case,we vacate th... More...   $0 (06-19-2009 - DC)

This case came before the Supreme Court on December 2, 2008, on an appeal by some, but not all, of the defendants from a Superior Court decision and judgment that adopted the findings and recommendations of the courtappointed special master in an action seeking declaratory and injunctive relief over a disputed location of a platted but undeveloped street in the Town of Barrington. This Court issue... More...   $0 (06-10-2009 - RI)

Plaintiff, John Crane Inc. (Crane), appeals from the grant of a preliminary injunction enjoining it from engaging in any other litigation in any forum related to insurance coverage for asbestos claims against John Crane. Certain defendants also appeal the trial court’s denial of their motion to extend the injunction through all appeals in this proceeding. For the following reasons, we affirm the... More...   $0 (05-29-2009 - IL)

Respondent Almena Township appeals by leave granted the circuit court’s June 14, 2007 order which (1) reversed Almena Township Zoning Board of Appeals’ (ZBA) decision to uphold Almena Township Board of Trustees’ (township board) denial of petitioners Allan and Sally Hughes’ preliminary site plan for a planned unit development (PUD), (2) reversed the township board’s decision to deny peti... More...   $0 (05-26-2009 - MI)

In January 2007, Colonial Surety Company ("Colonial") brought suit in federal district court against Uni-Con Floors, Inc. ("Uni-Con") and its indemnitors. The latter promised reimbursement to Colonial for any losses, costs, and expenses incurred by Colonial on bonding for certain construction contracts entered into by Uni-Con Floors. Uni-Con defaulted on two of these contracts, requiring Colonial ... More...   $0 (05-06-2009 - MA)

Dr. Robert Fast appeals a summary judgment entered in favor of Dr. James Marston on Dr. Fast’s petition for indemnity against Dr. Marston. The judgment is affirmed.

FACTS

In 1997, Dr. Marston and Dr. Fast performed a surgical procedure on Kimberly Black. In 2003, another physician discovered that a surgical sponge had been left in the surgical site. Black filed a medical malpractic... More...   $0 (05-05-2009 - MO)

Eurest provides catering and janitorial services for offshore rigs. Wells, a Eurest employee, was assigned to work as a cook on the M/V OCEAN LEXINGTON, a semisubmersible drilling rig owned and operated by Diamond Offshore Drilling Services, Inc. (Diamond). Wells was injured on two separate occasions while working aboard the OCEAN LEXINGTON, once after she slipped and fell in wet wax in a hallway ... More...   $0 (05-05-2009 - tx)

In 2000, two small planes collided while approaching the Waukegan Regional Airport, which is near Lake Michigan north of Chicago, and crashed into a medical center. The planes’ occupants— the pilot and passenger of one, the student pilot of the other—were killed, and the medical center was damaged. When the collision occurred, one plane was approaching the airport, intending to land, and the... More...   $0 (05-01-2009 - IL)

This case arises out of a collision between a Burlington Northern and Santa Fe Freight (BNSF) train and a truck owned by Dodge City Implement, Inc. (DCI). BNSF filed suit in federal court against DCI and its employee driver, Justin Slattery. After that action was settled, plaintiffs DCI and Slattery pursued this suit against defendants Barber County (County) and Moore Township (Township) under neg... More...   $0 (04-27-2009 - KS)