In an action for damages for personal injuries and declaratory relief brought
by re... More...   $0 (06-26-2008 - CA)

This is an insurance coverage dispute. W.L.M. sued Machaga Johns (Johns) and Our Gang Hair Designs, Inc. (Salon) in Minnesota state court alleging Johns, a massage therapist at the Salon, sexually assaulted W.L.M. while W.L.M. was receiving a therapeutic massage performed by Johns. Johns is insured under a general liability policy issued by Evanston Insurance Company (Evanston). Evanston broug... More...   $0 (06-24-2008 - MN)

Plaintiff, Jill Golden,1 was allegedly injured on April 9, 1999, when her vehicle was struck from behind by a vehicle driven by Walter Koonce and owned by Koonce's employer, Access Corporation. Plaintiff instituted a personal injury suit in the Law Division on March 29, 2001, against Koonce and his employer. At the time of the accident, Koonce and his employer were covered by a liability ins... More...   $0 (06-24-2008 - NJ)

[1] This case presents the issue of whether an attorney, who distributes the proceeds of a personal injury action without paying a medical provider‟s bills after his client executed, with the attorney‟s knowledge, an assignment of the proceeds to the provider, is liable to the medical provider for the amount of those bills. We conclude that the attorney is responsible to the medical pr... More...   $0 (06-19-2008 - WY)

This is a dispute between Boston Gas Company ("Boston Gas"), the largest provider of natural gas in the New England area, and one of its insurers, Century Indemnity Company ("Century"). Before natural gas became the primary source of energy in New England, Boston Gas produced gas fuel at facilities called manufactured gas plants, known in the industry as "MGPs". These MGPs created gas by heating c... More...   $0 (06-12-2008 - MA)

This appeal arises from a dispute over the sale of a certain tract of real property. The principal issue we consider is whether the statute of frauds, Code § 11-2, prohibits the enforcement of the purported oral contract between the parties for the sale of the land. We also consider whether, under the circumstances of the case, principles of equitable estoppel or part performance are applicable so... More...   $0 (06-06-2008 - VA)

This case came before the Supreme Court for oral argument on April 8, 2008, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the record, the memoranda submitted by the parties, and the oral arguments of counsel, we are of the opinion that cause has not been shown and that the case should ... More...   $0 (06-03-2008 - RI)

Appellant, general contractor ARCO Construction Company, Inc., hired appellee, subcontractor Americon Services Company, Inc., to perform site work on a commercial construction project, pursuant to a written contract. When Americon did not receive payment as expected, it sued ARCO for breach of contract, failure to comply with payment obligations under Texas Property Code section 28.002 ("the Promp... More...   $0 (05-16-2008 - TX)

Emma Lou Glenn challenges the summary judgment granted in favor of Appellees Nortex Foundation Designs, Inc. and Jerry L. Coffee, P.E. on her claims for breach of implied warranties and negligence in the design of the foundation of her home. Because, under the summary judgment evidence presented, no cause of action exists in favor of Glenn and against Appellees for breach of an implied warranty a... More...   $0 (05-15-2008 - TX)

After renting a boat from Aramark Leisure Services ("Aramark"), Charles Kendrick was involved in a boating accident. Faced with potential damage claims from Kendrick and his co-passenger, Aramark brought a special proceeding in federal district court under the Limitation of Vessel Owner's Liability Act, 46 U.S.C. § 30501 et seq.1 As part of that proceeding, Kendrick filed a claim against Aram... More...   $0 (04-25-2008 - UT)

Under Code of Civil Procedure section 1281.2, the trial court denied a petition to compel arbitration. That section gives the court the discretion to deny enforcement of an arbitration agreement, and to order all parties to litigate in a single action, if the court determines that (1) a party to the arbitration agreement is also a party to a pending court case with a third party arising out of... More...   $0 (04-12-2008 - CA)

We must determine in the present case whether the parties intended in their subcontract to incorporate by reference the terms of an express indemnification provision found in the primary contract. Because we conclude there exist genuine issues of material fact regarding the parties' intent to indemnify, summary judgment was inappropriate. We therefore affirm the decision of the Court of Appeals. ... More...   $0 (04-11-2008 - NC)

AdvoCare International, L.P. formulated and sold products for improving nutrition and weight loss. It contracted with Horizon Laboratories, Inc. to manufacture some of its products, including products with ephedra, an ingredient that proved to be controversial. AdvoCare also contracted with R-Squared and its owner, Richard Scheckenbach, to formulate some of AdvoCare's products. Various damage... More...   $5000000 (04-11-2008 - TX)

The origins of this case trace back more than sixty years to the height of World War II when the federal government solicited Appellants E.I. DuPont de Nemours & Co., General Electric, Inc., UNC Nuclear Industries, Inc., Atlantic Richfield Co., and Rockwell International Corp., (collectively "Defendants") to operate the Hanford Nuclear Weapons Reservation ("Hanford") in southeastern Washingt... More...   $0 (04-09-2008 - WA)

Ohio Savings Bank ("OSB") purchased eleven first-mortgage loans from the Reston, Virginia, branch of Advantage Investors Mortgage ("AIM"), an originator of home-loan refinancings. The transactions were structured as "table funded" settlements. See 24 C.F.R. § 3500.2(b). OSB wired funds to an escrow account of AIM's closing agent, First National Title ("FNT"). The borrowers signed notes and mo... More...   $0 (04-09-2008 - MN)

The underlying event giving rise to Indemnity's lawsuit was an accident involving a City truck driven by a City employee named John Calvin Morrow that resulted in injuries to a man named Lee Otis Brown. Morrow was driving a City-owned rock-hauler truck to pick up a load of asphalt mix from an asphalt-production plant owned by APAC-Texas, Inc. (APAC). Brown worked in a guard shack at the en... More...   $0 (04-04-2008 - TX)

[Defendants' liability to plaintiff] for any and all injuries, claims, losses, ex... More...   $0 (04-04-2008 - NC)

1. When "occurrence" is not defined in an automobile liability policy, what test should be applied under Kansas law in determining whether there are multiple "occurrences" an... More...   $0 (04-03-2008 - KS)

Defendants-Appellants Joseph P. Nacchio and Robert S. Woodruff, the former Chief Executive Officer and Chief Financial Officer of Qwest Communications International, Inc. ("Qwest"), respectively, appeal the district court's approval of a class action settlement in a securities fraud case. The settlement was negotiated between the Plaintiff-Appellee class, including lead plaintiffs New England... More...   $0 (04-03-2008 - CO)

At issue in this lawsuit are Bayfield County's ("the County") ongoing efforts to convert unused railway lines in the County into snowmobile trails. As the legal basis for its plans, the County alleges that the United States retains a reversionary interest in these railroad right-of-ways and that Congress has established that, pursuant to this reversionary interest, if the railway lines are ... More...   $0 (04-02-2008 - WI)

In the underlying lawsuit in this matter, real parties in interest (hereinafter collectively referred to as plaintiffs)1 allege that prior to September 2001, defendant and petitioner Costco Wholesale Corporation (Costco) misclassified certain managers as exempt employees. Plaintiffs assert they have a right to inspect a letter that has been redacted by the trial court. In this writ of mandate ... More...   $0 (03-27-2008 - CA)

In this appeal we review a District Court's order awarding attorneys' fees to plaintiffs pursuant to 42 U.S.C. § 1988(b). Plaintiffs brought this lawsuit to challenge the constitutionality of the City of Pittsburgh's ("City's") ordinance regulating expressive activities in public forums. Plaintiffs' complaint sought declaratory and permanent injunctive relief; plaintiffs also filed a motion ... More...   $0 (03-23-2008 - PA)

The issue presented in this appeal is whether the attorneys-in-fact for subscribers of reciprocal insurance exchanges may be sued by the subscribers to recover alleged excessive fees the attorneys-in-fact collected in breach of their fiduciary duty to the subscribers. The fees were collected from premiums the subscribers paid to the exchanges. The premiums were based upon rates approved by th... More...   $0 (03-18-2008 - CA)

TIG Insurance Company has sued its broker, Aon Re, Inc., for failing to provide complete information to a reinsurer with whom TIG negotiated a reinsurance treaty. The treaty was rescinded as a result of the incomplete information, and TIG asserts causes of action against Aon Re for negligence, negligent misrepresentation, breach of fiduciary duty, and common-law indemnity. TIG appeals the dis... More...   $0 (03-13-2008 - TX)

On January 23, 2002, Mr. Mo... More...   $0 (03-12-2008 - CO)