“When you’re winning, you make it easy, when you’re losing you make it hard, when you don’t know, you give it to the judge, that’s what lawyers do.”

With this appeal, the court delves into the field of supplying electrical energy, a field strewn with such concepts and terms as “PPA capacity,” “requested energy,” “replacement energy,” “power factor of 0.9... More...   $0 (10-17-2008 - TX)

In this appeal, clothing retailer Pacific Sunwear of California, Inc. (PacSun) appeals a trial court order granting summary judgment in favor of Olaes Enterprises, Inc. (Olaes) in PacSun's breach of warranty lawsuit. The lawsuit alleges that Olaes breached the warranty contained in section 2312, subdivision (3) of the California Uniform Commercial Code (hereafter section 2312(3)), which requires c... More...   $0 (10-10-2008 - CA)

A jury awarded Structural Polymer Group and Structural Polymer Systems (together SP) $36,044,895 in lost profits from Zoltek Corporation for breach of a requirements contract for the sale of carbon fiber. The district court2 reduced the award to $21,138,518, finding the remainder of the award duplicative. Zoltek appeals the district court’s denial of its motion for a new trial and motion for jud... More...   $0 (10-08-2008 - MO)

Defendants West Bend Mutual Insurance Company (West Bend), Key Cartage, Inc. (Key), and Terry G. Washington appeal from an order of the circuit court of Cook County granting summary judgment in favor of plaintiff, Zurich American Insurance Company (Zurich), in a declaratory judgment action brought by Zurich to determine insurance coverage. The underlying litigation, a wrongful death action arisin... More...   $0 (10-07-2008 - IL)

Defendant Knapp, Schenck & Company Insurance Agency, Inc. ("Knapp Schenck") appeals from the denial of its Rule 12(b)(2)motion to dismiss for lack of personal jurisdiction. (See footnote 1) Knapp Schenck is an insurance broker that was responsible for procuring insurance on a piece of property located in North Carolina. Plaintiff alleges that Knapp Schenck misrepresented that the property was ... More...   $0 (10-07-2008 - NC)

St. Andrews Management Services, Inc. (St. Andrews) and New Florence Nursing Home, Inc. (New Florence) (collectively referred to as Appellants) appeal from the trial court's order granting survivors(FN1) (collectively referred to as Plaintiffs) of Zenia Bishop (Decedent) a new trial on the grounds of instructional error for failing to allow the jury to apportion fault among Appellants and a dismis... More...   $0 (10-02-2008 - MO)

This insurance coverage dispute involves environmental contamination that resulted from plaintiffs' dismantling of navy and merchant marine vessels at a site along the Willamette River. Plaintiff ZRZ Realty owns that site, known as the "Moody Avenue site." The other plaintiffs conducted operations at the site or are successors-in-interest to prior site operators. We refer to plaintiffs collectivel... More...   $0 (10-01-2008 - OR)

This case arises from the settlement of a complex of securities fraud cases involving the sale of municipal bonds for renovation and construction of health care facilities. The litigation was commonly referred to as the In re Heritage Bond Litigation. The district court ultimately approved multiple settlement agreements between different plaintiffs and defendants pursuant to Federal Rule of Civil ... More...   $0 (10-01-2008 - CA)

¶ 1 In a case of first impression, we address whether Appellant Lisa Dillon (“Dillon”) may assert a cause of action for money damages against a private employer for gender-based discrimination under the Equal Rights Amendment of the Pennsylvania Constitution. Pa. Const., art. I, § 28. We conclude that there is no private right of action for damages against a private employer under the Equal ... More...   $0 (09-29-2008 - PA)

If a trial court grants a motion to quash service of summons due to lack of personal jurisdiction over a foreign defendant, does the court have jurisdiction thereafter to rule upon that defendant’s motion for attorney fees? We conclude that it does.

I. BACKGROUND

Plaintiffs Bryan and Shelley Shisler are California residents. In or about June 2004, plaintiffs saw a car they liked on... More...   $34492 (09-25-2008 - CA)

Appellant, Banner Sign & Barricade, Inc. ("Banner"), appeals from the trial court's summary judgment in favor of appellee Berry GP, Inc. ("Berry"). Berry brought a third-party action against Banner, seeking indemnification for amounts paid by Berry in the settlement of a wrongful death suit arising from an accident in a highway construction zone. By three issues, Banner contends that the trial cou... More...   $0 (09-25-2008 - TX)

¶ 1 At 2872 EDA 2007, Philadelphia Waterfront Partners, LP (PWP), Charles L. Kamps III, Scott A. Blow, Patrick T. Hanley, and Todd Kamps appeal from the October 22, 2007, Order granting The Law Office of Douglas T. Harris, Esquire and Douglas T. Harris, Esquire’s motion to compel and directing production of aforementioned appellants’ Blow and Hanley’s broken computers for discovery. At 2873... More...   $0 (09-22-2008 - PA)

Howard Curd and several other commercial fishermen (the fishermen) appeal an order dismissing their proposed class action lawsuit against Mosaic Fertilizer, LLC. The fishermen claim that Mosaic's phosphogypsum storage facility polluted the waters of Tampa Bay, reducing the available supply of fish, which in turn damaged their businesses and reduced their income. We agree with the trial court that ... More...   $0 (09-17-2008 - FL)

¶1 In 2004 the legislature deleted from our Declaratory Judgment Act, 12 O.S. 2001 §1651, a proscription of declarations of liability or nonliability for damages on account of alleged tortious injuries "concerning obligations alleged to arise under policies of insurance covering liability or indemnity against liability for such injuries." The question before us in this accelerated review is whet... More...   $0 (09-16-2008 - OK)

Plaintiffs Gateway Hotel Holdings, Inc., Richfield Hospitality Services, Inc., Richfield Holdings, Inc. (collectively referred to as the Gateway Plaintiffs), and Liberty Mutual Fire Insurance Company, and Liberty Mutual Group (collectively referred to as the Liberty Mutual Plaintiffs), appeal the trial court's summary judgment order against them and in favor of Defendant Lexington Insurance Compan... More...   $0 (09-16-2008 - MO)

¶1 In 2004 the legislature deleted from our Declaratory Judgment Act, 12 O.S. 2001 §1651, a proscription of declarations of liability or nonliability for damages on account of alleged tortious injuries "concerning obligations alleged to arise under policies of insurance covering liability or indemnity against liability for such injuries." The question before us in this accelerated review is whet... More...   $0 (09-16-2008 - OK)

United States citizens who pay nonresident tuition for enrollment at California’s public universities/colleges brought a lawsuit attacking a state statute (Ed. Code, § 68130.51) which allows certain illegal aliens2 to pay the less-expensive resident tuition to attend these universities/colleges. Plaintiffs3 filed a class action lawsuit against defendants Regents (Regents) of the University of C... More...   $0 (09-15-2008 - ca)

Cincinnati Indemnity Company issued a workers’ compensation policy to A&K Construction Company d/b/a Kirchner and Company (A&K). Cincinnati sued for a declaratory judgment that Kevin Kirchner was not an A&K employee when he was injured on May 17, 2006. Both Kirchner and A&K moved to dismiss for lack of subject matter jurisdiction. The district court granted the motions to dismiss under Federal R... More...   $0 (09-15-2008 - MO)

Travelers Indemnity Company of Connecticut insured High Mountain, LLC, which managed two condominium units in Utah owned by John F. and Diane L. Mullin. The Mullins sued High Mountain for renting the units for discounted rates without permission, theft of property from the condominiums owned by the Mullins, failure to forward rental income, and theft of property from a rental unit that the Mullins... More...   $0 (09-15-2008 - UT)

Following a state court trial in Missouri, a jury found Rockwell Automation, Inc. (“Rockwell”) liable for damages exceeding $97 million. The court also awarded post-judgment interest which eventually accrued to over $18 million. Rockwell’s excess insurers, National Union Fire Insurance Company of Pittsburgh (“National Union”), Federal Insurance Company (“Federal”), and Gulf Insurance... More...   $0 (09-15-2008 - WI)

This case brings to us a dispute over an insurer’s duties to defend and indemnify its insured, a home builder, against claims of defective construction. The parties consented to trial before a magistrate judge, who, on cross-motions for summary judgment, held that the insurer breached its duties. This appeal United States Court of Appeals primarily focuses on the insurer’s duty to indemnify. F... More...   $0 (09-11-2008 - TX)

Appellants Kari Kinnaman-Carson and Randy Carson appeal the circuit court's Amended Judgment and Order granting Respondent Westport Insurance Corporation's motion for summary judgment on the Carsons' claims. Because the Carsons' damages were excluded under the unambiguous language of the insurance policy issued by Westport to ABC Specialty, Inc., we affirm.

Factual Background

On Augu... More...   $0 (09-09-2008 - MO)

APA Transport Corporation (“APA Transport”) closed its facilities and terminated all of its employees on February 20, 2002. It had informed its employees of the impending shutdown and layoffs only a week earlier. Following the shutdown, a number of non-union and union employees, along with certain Employee Retirement Income Security Act (“ERISA”) funds, filed suit against APA Transport and... More...   $0 (09-06-2008 - )

¶1 Appellant Asael Farr & Sons Company (Farr) appeals the trial court's denial of Farr's motion for partial summary judgment against Safeco Insurance Co. (Safeco), American States Insurance Co. (American States), Hartford Steam Boiler Inspection and Insurance Co. (Hartford), Trustco, Inc. (Trustco), and Andrew L. Reed; and the court's grant of summary judgment in favor of Appellees Reed, Trustco,... More...   $0 (09-01-2008 - UT)

Western Filter Corporation (“Western Filter”) appeals the district court’s grant of summary judgment in favor of Argan, Inc. (“Argan”). The district court had jurisdiction under 28 U.S.C. § 1332, and we have jurisdiction under 28 U.S.C. § 1291. We are asked to decide an issue of first impression under California law, whether a provision within a Stock Purchase Agreement (“SPA”) per... More...   $0 (08-31-2008 - CA)