In Aas v. Superior Court (2000) 24 Cal.4th 627, 636 (Aas), the California Supreme Court concluded that a group of homeowners could not recover damages in negligence from the developer, contractor or subcontractors who built their homes, for existing construction defects that had not yet caused either property damage or personal injury. In reaching this conclusion, the Aas court explained that whil... More...   $0 (12-02-2008 - CA)

Harold Sullivan II appeals from a judgment entered pursuant to the Uniform Foreign Money-Judgments Recognition Act (UFMJRA). (Code Civ. Proc., § 1713 et seq.) He argues that attorney fee awards entered by a court in Gibraltar constituted a penalty, violated California public policy, and should not be recognized. We find no error and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Peter La... More...   $0 (12-02-2008 - CA)

¶1 Petitioners CMI/TEREX Corporation and Travelers Indemnity Company of America (collectively, Employer) seek review of the trial court's order granting Respondent Billy J. Stevens (Claimant) benefits for temporary total disability (TTD) resulting from a job-related soft tissue injury to his left foot.1 In this proceeding, Petitioners challenge the trial court's award as contrary to the limits on... More...   $0 (11-26-2008 - OK)

Plaintiff Thomas Wade sued defendants Donald and Jean Schrader (Schraders) and others, claiming that defendants had wrongfully deprived Wade of his stock in Enterprise Broadcasting Corporation (EBC). Wade settled his claims against several defendants and those settlements were judicially determined to have been in good faith. (Code Civ. Proc., §§ 877, 877.6.)1 Wade’s claims against Schraders w... More...   $0 (11-26-2008 - CA)

Appellant, English Marine Agency, Inc. ("English Marine"), appeals a judgment rendered on a jury verdict in favor of appellees, Border Shipyards, Inc. ("Border") and its shareholders, Jorge Gonzalez, Carl Gayman, and Ruben Barrera. By several issues, English Marine argues that (1) the evidence is legally and factually insufficient to support the jury's verdict, (2) the appellees were precluded by ... More...   $0 (11-25-2008 - TX)

This case involves the application of section 5(b) of the Workers’ Compensation Act (820 ILCS 305/5(b) (West 2006)), which grants an employer a lien on an employee’s recovery against a third-party tortfeasor, up to the amount of the workers’ compensation benefits paid to the employee. The second paragraph of section 5(b) requires the employer to pay the employee’s attorney an attorney fee ... More...   $0 (11-20-2008 - IL)

We consider in this case whether an exclusivity provision of the Workers' Compensation Act (act), G.L. c. 152, § 24 (§ 24), [FN3] bars an employee's parents from bringing a wrongful death claim against his employer where the employee is injured at work but no workers' compensation payments are paid for the injury. Here, the employee, Cristian Ribeiro Giambrone, who had no dependents, died almost... More...   $0 (11-13-2008 - MA)

Fourth-party plaintiff Jane Doe (“Doe”) appeals from a final judgment in favor of fourth-party defendant National Union Fire Insurance Company of Pittsburgh, Pennsylvania (“National Union”). In a prior Massachusetts state court action, Doe obtained a judgment against one of National Union’s insureds, Ed Hovestadt. In this appeal, Doe challenges a final judgment in favor of National Union... More...   $0 (11-13-2008 - MA)

This breach of warranty action requires us to determine when an agent has apparent authority to bind a principal under Oregon law. Apparent authority arises when actions of a principal cause a third party reasonably to believe that an agent has authority to act for the principal on some particular matter. While constructing a hotel, plaintiffs became concerned about the possibility that their ne... More...   $0 (11-12-2008 - OR)

¶ 1 This case involves a contract providing that a surveyor’s liability to its client for negligently performing work may not exceed the surveyor’s fees. We hold that the liability-limitation clause is neither contrary to public policy nor subject to Arizona’s constitutional requirement that the defense of assumption of risk always be submitted to a jury.

FACTS AND PROCEDURAL HISTORY... More...   $0 (11-12-2008 - AZ)

[¶1.] American Family Insurance (American Family) filed a complaint for a declaratory judgment against Auto-Owners Insurance Company (Auto-Owners). American Family sought a declaration that it had a subrogated interest against an Auto-Owners' homeowners' policy issued to Sandra Pike, Christopher Pike and Ashley Deiss (tenants). The circuit court granted summary judgment to Auto-Owners and tenants... More...   $0 (11-05-2008 - SD)

The plaintiff, Cue Associates, LLC, appeals from the judgment of the trial court in favor of the defendant, Cast Iron Associates, LLC. On appeal, the plaintiff claims that the court improperly applied the statute of limitations found in General Statutes § 52- 577 to bar the plaintiff’s trespass claim, when the defendant did not plead this statute of limitations as a special defense. We agree wi... More...   $0 (11-05-2008 - CT)

The plaintiff, Cue Associates, LLC, appeals from the judgment of the trial court in favor of the defendant, Cast Iron Associates, LLC. On appeal, the plaintiff claims that the court improperly applied the statute of limitations found in General Statutes § 52- 577 to bar the plaintiff’s trespass claim, when the defendant did not plead this statute of limitations as a special defense. We agree wi... More...   $0 (11-04-2008 - CT)

Defendant Leonard S. DeFranco appeals the trial court's order denying his motion to dismiss and granting summary judgment against him and in favor of plaintiff, JP Morgan Chase Bank, on plaintiff's suit to recover from defendant as a guarantor of a defaulted loan. On appeal, defendant argues that the trial court should have entered judgment in his favor based on section 1 of the Sureties Act (Act)... More...   $0 (11-04-2008 - IL)

These cases arise from a collision involving three tractor-trailers under contract with B-H Transfer Company and being driven in tandem by independent contractors. The last vehicle in line was owned by Dixon Trucking Company, Inc. and was driven by Harry Mitchell Dixon. That tractor-trailer allegedly struck the rear of the middle vehicle, forcing it into the rear of the lead vehicle, which was own... More...   $0 (11-03-2008 - GA)

On November 25, 2002, Sahara Investment, LLC (“Sahara”), a company that operates retail gasoline stations, and George Jaalouk, Elias N. Jaalouk, and Salwa Jaalouk (collectively “the Jaalouks”) execu ted three motor fuel supp ly contracts with Ocean Petroleum, LLC, a wholesale distributor of motor fuels and other petroleum products.

George and Elias Jaalouk are officers and directors... More...   $0 (10-31-2008 - MD)

The plaintiff insured, as guardian ad litem for her minor son, appeals, challenging the allowance of summary judgment in favor of defendant, plaintiff's underinsured motorist (UIM) insurance carrier, as well as the trial court's denial of plaintiff's cross-motion for summary judgment. The underlying accident occurred in January 2000, and this action for declaratory relief was filed in August 2005... More...   $0 (10-29-2008 - OR)

¶1 Petitioner Multiple Injury Trust Fund (Fund) seeks review of an order of a three-judge panel of the Workers' Compensation Court affirming the trial court's award of benefits to Respondent Cynthia Denise Harper (Claimant) for increased permanent partial disability (PPD) as a result of the combination of disabilities. In this review proceeding, Fund complains the Workers' Compensation Court gran... More...   $0 (10-29-2008 - OK)

¶1 Employer Spirit Aerosystems, and its insurance carrier, Indemnity Insurance Company of NA (AIG) (collectively, "Spirit"), seek review of a unanimous order of the Workers' Compensation Court sitting en banc. The Three-Judge Panel modified and affirmed in part the trial court's Order, which authorized medical treatment of Claimant Susan McMillen ("Claimant") pursuant to 85 O.S. 2001 §203.1
<... More...   $0 (10-29-2008 - OK)

This is an action on an automobile insurance policy. Plaintiff's insured vehicle suffered property damage in an accident. Defendants(1) paid for repairs to the vehicle, but the repairs did not restore the vehicle to its pre-accident condition. Defendants contended that they were responsible for only the cost of the repairs. Plaintiff claimed that the policy made defendants liable for plaintiff... More...   $0 (10-23-2008 - OR)

In this breach-of-contract case, appellant RSM Production Corporation, a Texas -corporation (ARSM@), appeals a take-nothing summary judgment in favor of appellees, Vintage Petroleum, Inc., a Delaware corporation (AVintage@), and Devon Energy Corporation, a Delaware corporation, successor to Santa Fe Energy Resources, Inc. (ADevon@ and ASanta Fe,@ respectively). Concluding a genuine issue of mater... More...   $0 (10-23-2008 - TX)

The defendant/third-party plaintiff, Morton Machine Works, Inc. (Morton), appeals from the Superior Court’s grant of a motion for summary judgment in favor of the third-party defendants, Robin Rug, Inc. (Robin) and Bristol Yarn Corp. (Bristol Yarn) (collectively third-party defendants), and the denial of Morton’s crossmotion for summary judgment. Morton also appeals from the Superior Court’s... More...   $0 (10-21-2008 - RI)

The issue before us is which of two insurance companies is liable for the injuries of David A. Bone, an employee of J.P. Noonan Transportation, Inc. (Noonan), who was injured while loading oil at an oil terminal operated by Global Companies, LLC (Global). Although vehicles were loaded from the top, which was ten feet from the ground, the terminal did not have a protective guardrail for the passeng... More...   $0 (10-20-2008 - MA)

This case came before the Supreme Court on September 29, 2008, 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 arguments of counsel and examining the memoranda submitted by the parties, we are of the opinion that cause has not been shown and we shall decide this appeal without further briefing a... More...   $0 (10-17-2008 - RI)

The Constitution protects everyone, the poor, the wealthy, the weak, the powerful, the guilty and the innocent. This court has held its guarantees extend to lawyers (Cunningham v. Superior Court (1986) 177 Cal.App.3d 336); dogs (more precisely their owners), (Phillips v. San Luis Obispo County Department of Animal Regulation (1986) 183 Cal.App.3d 372); and even politicians (Beilenson v. Superior C... More...   $0 (10-17-2008 - CA)