Pekin Insurance Company v. United Parcel Service, Inc. |
Defendant Ron Aggen filed a lawsuit against defendant United Parcel Service, Inc. (UPS), and Werner Company (Werner), alleging that he sustained severe and permanent injuries due to his fall from an unsafe and unstable ladder. UPS tendered its defense of Aggen's complaint to plaintiff Pekin Insurance Company (Pekin) because Pekin was the insurer of Swan Machinery Installation, Inc. (Swan), Agg... More... $0 (03-07-2008 - IL) |
Essex Insurance Company v. John Holder, d/b/a J & H Enterprises, Tom Baumgartner, and Kara Baumgartner |
We accepted certification of a single question of Arkansas law submitted by the United States District Court for the Eastern District of Arkansas under Ark. Sup. Ct. R. 6–8, asking this court whether defective construction or workmanship is an "accident" and, therefore, an "occurrence" within the meaning of commercial general liability insurance policies. Tom and Kara Baumgartner contract... More... $0 (03-06-2008 - AR) |
Advantage Medical Services, LLC, et al. v. Deborah Hoffman, et al. |
Advantage Medical Services, LLC (AMS), Glenn Weissman, Elliot Lander, and Scott Yun's (collectively plaintiffs) and Deborah Hoffman and Detech Medical Project Management, LLC's (collectively defendants) claims against each other were referred to binding arbitration through the American Arbitration Association (AAA) and a hearing was held. The arbitrator issued an interim award in favor of plai... More... $0 (03-04-2008 - CA) |
Nicor Gas Company v. The Willage of Wilmette |
Plaintiff Nicor Gas Company appeals from the dismissal with prejudice, pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2006)), of its second amended complaint in its action for negligence against defendant Village of Wilmette (Village). The Village has filed a cross-appeal from the denial of its motion to dismiss pursuant to section 2-619 of the Code (73... More... $0 (02-29-2008 - IL) |
Clancy Systems International, Inc. v. Francis R. Salazar |
Clancy Systems International sought review of the court of appeals' unpublished opinion reversing the district court's summary judgment against Salazar. The district court ruled that Salazar' s common law tort claims, for losses caused by Clancy' s insistence upon placing a restrictive legend on a stock certificate issued to Salazar, had been displaced by provisions of Colorado's Uniform Commercia... More... $0 (02-20-2008 - CO) |
Katie M. Klida v. Gregory S. Braman, et al. |
Defendant, Farm Bureau General Insurance Company of Michigan (Farm Bureau), appeals as of right the denial of its motion for summary dismissal of plaintiff's underinsured motorist claim on the ground that the one-year contractual limitation period in the insurance policy barred plaintiff's action.1 We affirm. Plaintiff sustained injuries in a motor vehicle accident involving her mother's ... More... $0 (02-19-2008 - MI) |
Wasim Iqbal, et al. v. Bristol West Insurance Croup, et al. |
Defendant Bristol West Insurance Group (Bristol) appeals by delayed leave granted orders of the trial court granting summary disposition in favor of plaintiff and the remaining parties and against Bristol in this case arising out of a motor vehicle accident in which plaintiff, the driver of a car that was rear ended at a stoplight, was injured. Plaintiff received medical treatment for his inju... More... $0 (02-14-2008 - MI) |
Robert Meyer and Janet Meyer v. Amerisourcebergen Drug Corporation |
This case involves the interpretation of a private employment contract. Plaintiffs Robert and Janet Meyer appeal the district court's grant of summary judgment in favor of Robert's former employer, AmerisourceBergen Corporation, arguing that: (1) the district court erred in concluding that AmerisourceBergen's promise to pay Meyer incentive compensation was illusory and unenforceable; and (2) t... More... $0 (02-13-2008 - OH) |
John Sullivan and Carolyn Sullivan v. The Standard Fire Insurance Company |
This 11th day of February 2008, it appears to the Court that: (1) Appellants-plaintiffs John and Carolyn Sullivan appeal a Superior Court decision granting summary judgment to appellee-defendant, The Standard Fire Insurance Company (SFIC). The Sullivans claim that the trial judge erred as a matter of law by interpreting the language of the insurance policy to exclude damages to personal prope... More... $0 (02-11-2008 - DE) |
Mary Ryan, et al. v. Roman Catholic Bishop of Providence, et al. |
The plaintiffs, Mary Ryan and Thomas Ryan, appeal to this Court from the motion justice's1 entry of judgment, pursuant to Rule 54(b) of the Superior Court Rules of Civil Procedure, in favor of the following defendants: Most Reverend Louis E. Gelineau, Most Reverend Daniel P. Reilly, Most Reverend Kenneth A. Angell, the Roman Catholic Bishop of Providence (a corporation sole), and Saint Thomas ... More... $0 (02-08-2008 - RI) |
985 Associates, Ltd., et al. v. Daewoo Electronics America, Inc. f/k/a Daewoo Electronics Corp. of America |
This products liability action arose out of a kitchen fire in the apartment of plaintiff Kristen Uroskie-Lewis. Plaintiffs alleged that a defective microwave, manufactured by defendant, was the cause of the fire and sought to introduce testimony of two fire investigation experts on the issue of causation. The trial court granted defendant's pretrial motion to exclude the expert testimony, findin... More... $0 (02-08-2008 - VT) |
Corn Plus Cooperative v. Continental Casualty Co. |
Corn Plus Cooperative ("Corn Plus") brought this declaratory judgment claim against Continental Casualty Company ("Continental") and Lumbermens Mutual Casualty Company ("Lumbermens") to enforce a settlement it had reached with its mechanical contractor who was insured by appellees. The district court1 determined that the insurance policies did not cover all of appellant's claims and thereafter... More... $0 (02-07-2008 - MN) |
Ellen Palmer, et al. v. Friendly Ice Cream Corporation |
The sole issue raised by this appeal is whether an order denying class certification is an appealable final judgment. The plaintiffs,1 thirty-seven persons employed as waiters or waitresses by the defendant, Friendly Ice Cream Corporation, appealed from the order of the trial court to the Appellate Court, which dismissed the appeal for lack of a final judgment. We granted the plaintiffs' pe... More... $0 (02-05-2008 - CT) |
Larry Darveau v. Detecon, Inc. |
After Detecon, Inc., a small wireless telecommunications consulting company, discharged one of its officers, Larry Darveau, he brought this action, alleging that Detecon had not paid him overtime in violation of the Fair Labor Standards Act of 1938 ("FLSA" or the "Act"), 29 U.S.C. § 207 (2000). Fifteen days later, Detecon filed a fraud suit in state court against Darveau. Darveau then amended... More... $0 (01-31-2008 - VA) |
1800 Ocotillo, LLC. v. The WLB Group, Inc. |
1 1800 Ocotillo, LLC ("Ocotillo") appeals the trial court's grant of partial summary judgment in favor of The WLB Group, Inc. ("WLB") and the trial court's order limiting Ocotillo's recoverable damages to the fees Ocotillo has already paid to WLB. We must decide whether Arizona's public policy prohibits enforcement of a contractual provision that limits the liability of a design professional for ... More... $0 (01-29-2008 - AZ) |
John Buenz v. Frontline Transportation Company, et al. |
On October 1, 2003, Olga Buenz was involved in a multiplevehicle traffic accident that resulted in her death. Twelve separate actions were filed by various plaintiffs and later consolidated. Each action named China Ocean Shipping Company Americas, Inc. (COSCO), and Frontline Transportation Company (Frontline) as defendants. Plaintiff John Buenz, Olga's husband, filed a wrongfuldeath action a... More... $0 (01-25-2008 - IL) |
Johnnie Dennis v. Giles Group, Inc. d/b/a Furniture Factory Warehouse, Inc., |
Johnnie Dennis was injured when he sat on a stool in a retail store and the stool collapsed. Dennis sued the retailer, Giles Group, Inc. ("Giles"), asserting various claims. Dennis appeals the summary judgments granted in favor of Giles contending the trial court erred by: (1) striking his third and fourth amended petitions; (2) concluding Giles was not a manufacturer; and (3) determining tha... More... $0 (01-25-2008 - TX) |
Horace Mann Insurance Company v. General Star National Insurance Company |
This appeal involves a dispute between two insurance companies, with each company claiming that the insurance provided by its policy was "excess" to the other insurance and that its coverage therefore was not triggered until the limits of the other company's policy were exhausted. The district court granted summary judgment in favor of Horace Mann Insurance Company, concluding that its p... More... $0 (01-24-2008 - WV) |
New England Health Care Employees Pension Fund, etc. v. Robert S. Woodruff; Joseph P. Nacchio |
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 En... More... $0 (01-20-2008 - CO) |
National Bank of Arizona v. Morgen T. Thurston and Howard Thurston |
1 This appeal arises out of an action to judicially foreclose a deed of trust executed by Defendant/Appellant Morgen Thruston to secure a construction loan made to her by Plaintiff/Appellee National Bank of Arizona. On appeal, Morgen Thruston and her husband, Howard, argue the superior court should not have entered summary judgment against them because the Bank failed to present evidence neg... More... $0 (01-20-2008 - AZ) |
Oak Harbor Freight Lines, Inc. v. Sears Roebuck & Co. etc. |
Plaintiff Oak Harbor Freight Lines, Inc. ("Oak Harbor"), brought suit against Defendants Sears Roebuck & Co. ("Sears") and National Logistics Corporation ("NLC") to recover nearly half a million dollars for transportation of Sears' freight. NLC arranged the transportation, which Oak Harbor provided. Following cross-motions for summary judgment, the district court held NLC and Sears join... More... $0 (01-19-2008 - WA) |
Allan Block Corporation v. County Materials Corporation |
In two contracts, one in 1993 and the other in 1997, Allan Block licensed County Materials to manufacture Allan Block's patented concrete blocks. The contracts forbade County Materials to manufacture competing concrete blocks (with certain exceptions) for as long as the contract was in effect and for 18 months after it was terminated. But when the licenses were terminated (both at the sa... More... $0 (01-17-2008 - WI) |
Wausau Underwriters Insurance Company v. United Plastics Group, Inc. and Microtherm, Inc., et al. |
This diversity suit over insurance coverage arises out of a suit filed in a Texas state court by Microtherm, a manufacturer of water heaters, against United Plastics Group (UPG). The Texas suit complained about a component that UPG had sold Microtherm. Microtherm won that case, obtaining a judgment for $26.5 million. The Wausau insurance company, UPG's primary liability insurer, brought ... More... $0 (01-17-2008 - IL) |
Katherine Huffman v. Cassandra Stammer, et al. |
On December 6, 2005, Katherine Huffman filed a lawsuit against Cassandra Stammer, Penny Pyle, and Merastar Insurance Co. Huffman alleged she had been injured when her vehicle was struck by a vehicle driven by Stammer on December 14, 2004. The vehicle Stammer was driving was owned by Pyle. Huffman claimed Stammer was operating the vehicle with Pyle's consent.1 Huffman also included a claim aga... More... $0 (01-16-2008 - IA) |
Royal Indemnity Company, etc. v. Apex Oil Company, Inc., et al. |
Royal Indemnity Company brought this action pursuant to 28 U.S.C. §§ 2201 and 2202, to seek a declaration of the rights and obligations of Royal Indemnity Company, various other insurance companies and Apex Oil Company, Inc. ("Apex"), under certain insurance policies Royal Indemnity Company and the other insurance companies issued to Apex. For the reasons discussed below, we affirm the dist... More... $0 (01-08-2008 - MO) |
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