Artichoke Joe‟s Casino (Artichoke Joe‟s or the casino) implemented a mandatory tip pooling policy for the dealers. A dealer, Harvey Grodensky, filed a class action and alleged claims for conversion and violating Labor Code sections 351 and 1194. He also claimed in his representative capacity that the casino had violated the Unfair Competition Law (UCL). After a bench trial, the trial court fou... More...   $0 (03-11-2009 - CA)

This appeal arises out of an insurance coverage dispute between appellant Narragansett Jewelry Co. Inc., d/b/a C & J Jewelry Co. Inc. ("Narragansett") and its general liability insurer, appellee St. Paul Fire and Marine Insurance Co. ("St. Paul"). Narragansett sought defense and indemnity from St. Paul in connection with a civil action filed against it by Slane & Slane Designs, LLC ("Slane") in t... More...   $0 (03-06-2009 - RI)

We consider whether, and to what extent, the Federal Aviation Act, 49 U.S.C. §§ 40101 et seq., preempts an airline passenger’s personal injury claims.

Facts

A pregnant woman fell from an airplane’s stairs, injuring herself and her fetus. She sued the airline, Midwest Express, and the airplane’s manufacturer, Fairchild Dornier and related companies, alleging that the stairs we... More...   $0 (02-19-2009 - CA)

{1} Defendant Allstate Insurance Company (Allstate) appeals, challenging the jury award of compensatory damages and punitive damages to Plaintiffs Suzanne Guest and the Guest Law Firm, P.C. (Guest). Guest cross-appeals, challenging the trial court action in reducing the punitive damages award and refusing to award attorney fees. We affirm in part, reverse in part, and remand for a new trial o... More...   $0 (02-17-2009 - NM)

The plaintiffs, survivors of a tenant shot and killed by the criminal act of another tenant, filed suit against the defendant housing authority, alleging negligence and breach of contract for failure to provide a safe premises. The trial court granted summary judgment in favor of the housing authority and the Court of Appeals affirmed. We granted review to determine whether the housing authority o... More...   $0 (02-12-2009 - TN)

This appeal principally involves the relationship between two labor statutes—the Fair Labor Standards Act of 1938 and a 1996 statute related to compensation for postal inspectors, 39 U.S.C. § 1003(c). Robert Nigg, a postal inspector1 currently employed by the United States Postal Service (“the Postal Service”) and Keith Lewis, a retired postal inspector, sued the Postal Service alleging tha... More...   $0 (02-09-2009 - CA)

This appeal arises out of the grant of summary judgment to two insurance companies (Southern Farm Bureau Casualty Insurance Company and Farm Bureau Mutual Insurance Company of Arkansas, Inc., collectively “Farm Bureau” and the appellees herein) regarding two policies owned by Gene and Laura Graves. For purposes of this appeal, the operative facts are not in material dispute and are viewed most... More...   $0 (02-04-2009 - AR)

Roy L. Beavers, Jr. (“Appellant”)1 brought suit against ten individuals who acted as officers and directors (“Respondents”) of Recreation Association of Lake Shore Estate (“the Association”). Appellant sought to recover, among other things, the attorney fees and expenses that he incurred in connection with litigating Beavers v. Recreation Association of Lake Shore Estates, Inc., 130 S.... More...   $0 (02-03-2009 - MO)

Defendant American International Specialty Lines Insurance Company (“American”) appeals an adverse grant of summary judgment in which the district court1 held American must provide coverage to Plaintiff Spirco Environmental, Inc. (“Spirco”), for a separate judgment in which the same court held Spirco and others were liable to pay a surety’s attorney and expert witness fees. We affirm.More...   $0 (02-03-2009 - MO)

Appellants are a collection of related individuals, demolition firms, and environmental remediation firms. Appellee, The Insurance Company of the State of Pennsylvania (“ICSP”), is a provider of surety bonds. ICSP required Appellants to enter into two general indemnity agreements in favor of ICSP as a condition for ICSP to issue a surety bond guaranteeing that one of the appellants, Spirco Env... More...   $0 (02-03-2009 - MO)

We grant appellants' motion for rehearing, deny as moot their motion for rehearing en banc, withdraw our opinions of April 17, 2008, and substitute this majority opinion on rehearing.

This multi-issue appeal arises from a dispute between an insurance broker and his clients as a result of the marketing and sale of several insurance policies. Appellants Environmental Procedures, Inc. and A... More...   $0 (02-03-2009 - TX)

On March 7, 2002, at approximately 11:45 a.m., L.C. Miller, a tenant in Jefferson Square, one of several public housing projects owned by the Memphis Housing Authority (“MHA”), argued with the housing project’s security guard, fired shots in the direction of his office, and struck and killed Charles Cornelius Brown, Sr., another tenant at the facility who happened to be in the office area at... More...   $0 (02-02-2009 - TN)

In two points of error, appellant Michael H. Levitin claims the trial court erred in granting summary judgment in favor of Sandra Holmes on her breach of indemnity agreement claim and in favor of The Michael Group, L.L.C. on its breach of contract claim. We reverse the trial court's summary judgment in favor of Holmes and remand this portion of the case to the trial court. We affirm the trial cour... More...   $0 (02-02-2009 - TX)

Construction problems led the plaintiff condominium owners, Board of Managers of Wespark Condominium Association (Wespark), to sue the defendant builders, Neumann Homes, Inc. (Neumann), and the builders in turn filed a third-party complaint against TBS Construction, Inc. (TBS), the third-party defendant subcontractor. The trial court found the third-party complaint timely under section 13-204 of t... More...   $0 (01-29-2009 - IL)

This is a certification of questions of law from the United States Court of Appeals for the Seventh Circuit, pursuant to Wis. Stat. § 821.01 (2005-06).1 The questions certified for determination are: "(1) what constitutes an 'occurrence' in an insurance contract when exposure injuries are sustained by numerous individuals, at varying geographical locations, over many years; (2) whether Wisconsin... More...   $0 (01-29-2009 - WI)

In this insurance coverage suit, appellant Mid-Continent Casualty Co. (“Mid-Continent”) sued appellees JHP Development, Inc. (“JHP”) and TRC Condominiums, Ltd. (“TRC”), seeking a declaratory judgment that it had no duty to defend or indemnify JHP or pay any damages awarded to TRC in a state court suit between those two parties stemming from JHP’s defective construction of a five-unit... More...   $0 (01-28-2009 - TX)

Defendant Kenvil Steel Products Inc. appeals from a judgment in the amount of $164,861 for earned premiums on workers' compensation insurance policies issued to defendant for the terms of August 1, 2002, to August 1, 2003; August 19, 2003 to August 1, 2004; and August 1, 2004, through February 11, 2005. We affirm.

By way of background, the New Jersey Compensation Rating and Inspecti... More...   $0 (01-27-2009 - NJ)

Plaintiff Secura Insurance Company (Secura) filed a declaratory judgment action against Illinois Farmers Insurance Company (Farmers) in the circuit court of Du Page County. Secura sought a declaration that a policy of automobile insurance issued by Farmers to Paul Stech obligated Farmers to defend and indemnify Bogoja Muzikoski, doing business as B&A Automotive Repair (B&A Automotive), with regard... More...   $0 (01-23-2009 - IL)

We accepted discretionary review in this auto insurance case to consider whether an insured's failure to bring suit against the tortfeasor within the limitations period violates a contract provision whereby the insured undertakes to "do nothing to prejudice" the insurance company's right to subrogation . The Court of Appeals held that failure to bring timely suit violated the contract, and thus th... More...   $0 (01-23-2009 - KY)

McMillan/Miami, LLC., appeals from a final order denying its motion for attorney’s fees, after the court entered an agreed order dissolving a lis pendens and after the appellee, Krystal Capital Managers, LLC., etc., voluntarily dismissed its complaint. We reverse because the trial court incorrectly reasoned that it had to deny fees where no lis pendens bond had been posted.

Krystal Capita... More...   $0 (01-23-2009 - FL)

Plaintiff, Allen Williams, was injured in a car accident he alleged was caused by the negligence of the driver of a phantom vehicle; his car had no physical contact with that vehicle. Plaintiff was insured by defendant, State Farm Indemnity Company, and his policy included uninsured motorist (UM) coverage in the amount of $100,000 per person. After plaintiff made a claim for UM benefits, a... More...   $0 (01-20-2009 - NJ)

In this negligence action, Randall Hennis appeals the final judgment entered by the trial court in accordance with the jury's verdict. Finding no reversible error, we affirm. Hennis filed the instant negligence action against City Tropics, a restaurant and nightclub. The complaint explained that Hennis was physically battered by Michael Schmidt in the City Tropics' parking lot as Hennis and his wi... More...   $0 (01-19-2009 - FL)

In this appeal, we consider the relationship between general garage operations insurance coverage and a specific dealer plate endorsement with respect to the coverage of dealer plates affixed to a recently sold used car. The named defendant, Felix C. Santaniello, and the defendant Felix R. Santaniello, administrators of the estate of Elizabeth Santaniello, appeal1 from the declaratory judgment ren... More...   $0 (01-13-2009 - CT)

This appeal involves allegations of latent construction defects and the application of the 10-year statute of limitations set forth in Code of Civil Procedure section 337.15.1 The buyer of an apartment complex sued the developer and seller after discovering that all of the windows in the complex lacked flashing, which led to water and mold damage. The developer and seller filed a cross-complaint f... More...   $0 (01-13-2009 - CA)

Plaintiffs-Appellants Ondimar Transportes Maritimos LTDA and Ibaizabal Management Services SL (collectively, “Ondimar”) appeal from the district court’s partial summary judgment dismissing Ondimar’s assigned tort claim against Defendants-Appellees Beatty Street Properties, Inc. and M/V Bayou City (collectively, “Beatty”). For the reasons set forth below, we affirm.

I. FACTS
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