This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts.

FACTUAL/PROCEDURAL BACKGROUND

Carl R. Aten, Jr., and his wife are the only member... More...   $0 (04-04-2012 - SD)

Pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, we accepted the following certified questions from the United States Court of Appeals for the Fourth Circuit ("Fourth Circuit"), pursuant to its order entered August 2, 2011:

1. Does the Virginia Consumer Real Estate Settlement Protection Act, Va. Code Ann. § 6.1-2.19 et seq. (recodified at Va. Code Ann. § 55... More...   $0 (03-02-2012 - VA)

Plaintiff-Appellant Brandy Andler appeals the district court’s decision to exclude the testimony of her expert witness regarding loss of future earning capacity in her personal injury lawsuit against Defendant-Appellee Clear Channel Broadcasting, Inc. (“Clear Channel”). Clear Channel cross-appeals the denial of its motion for judgment as a matter of law on the issue of liability. Because the... More...   $0 (02-29-2012 - OH)

{1} On August 31, 2003, while driving at approximately 7:00 p.m., Defendant Dean Durand crashed his Ford Bronco into a motorcycle driven by Daniel Gutierrez, ultimately resulting in Gutierrez’s death. Durand admitted that earlier in the afternoon and up until 6:00 p.m., while at the business establishment operated by Defendant Meteor Monument, L.L.C., he had consumed seven twelve-ounce cans of b... More...   $0 (02-22-2012 - NM)

Robert E. Simpson (“Simpson”), the plaintiff-below, appeals from the Superior Court’s grant of summary judgment in a personal injury tort action in favor of the defendant-below, Colonial Parking (“Colonial”). Simpson claims that the Superior Court erred by holding that he was a trespasser, and not a licensee, when he used Colonial’s parking lot as a short cut while riding his bicycle. ... More...   $0 (02-13-2012 - DE)

Shirley Wayside Limited Partnership (Wayside), owner of a mobile home park in the town of Shirley, sought a special permit from the town's zoning board of appeals (board) in order to expand its mobile home park, a lawfully nonconforming use, from sixty-five to seventy-nine units. The board refused to grant the special permit, finding that Wayside had failed to establish that the expansion would no... More...   $0 (02-07-2012 - MA)

The California Department of Rehabilitation (DOR) and the United States Department of Education appeal from the district court’s decision enforcing a 2008 arbitration award issued pursuant to 20 U.S.C. § 107d-1(a) of the Randolph- Sheppard Vending Stand Act (the Act). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.

I

Some familiarity with the structure of the R... More...   $0 (02-03-2012 - OK)

Six individuals and the Magothy River Association, Inc. (collectively, “Association” or “Appellees”) brought suit against the recent purchasers of Dobbins Island, David and Diana Clickner (“Clickners” or “Appellants”), seeking to establish a public right to use a beach located alongside the island’s northern crescent area. Following a bench trial on the merits, the trial judge de... More...   $0 (01-20-2012 - MD)

This is a commercial dispute between appellants, Editorial Caballero, S.A. de C.V. (EC) and Grupo Siete International, Inc. (GSI), and appellee, Playboy Enterprises, Inc. (PEI). For over twenty years EC published and distributed a Spanish language version of Playboy magazine in Mexico and other Latin American countries. In October 1996, PEI and EC entered into a licensing agreement (License Agreem... More...   $0 (01-11-2012 - TX)

Defendant-Appellant Kerry Raina Bryant appeals her conviction for theft by an officer or employee of a gaming establishment on Indian lands. 18 U.S.C. §§ 2, 1168. Ms. Bryant entered a conditional plea, reserving the right to appeal the denial of her motion to dismiss for lack of jurisdiction. She was sentenced to a two-year term of supervised probation and restitution of $4,000 was ordered. We h... More...   $0 (01-05-2012 - OK)

Plaintiffs bring this class action suit against a variety of defendants, alleging that each improperly obtained personal driver information from the Missouri Department of Revenue ("DOR") in violation of the Driver's Privacy Protection Act ("DPPA"), 18 U.S.C. §§ 2721–2725. Plaintiffs base their claims on two separate theories: (1) The bulk obtainment of personal information, which allows a com... More...   $0 (12-15-2011 - MO)

Appellant, Reynaldo Ybarra, appeals the trial court’s orders granting a motion to dismiss for lack of jurisdiction and a motion for traditional and no-evidence summary judgment in favor of appellee, the County of Hidalgo. We affirm.

BACKGROUND

On February 18, 2000, appellant, a postal worker, was delivering mail to the Hidalgo County Administrative Building, which is owned by a... More...   $0 (11-16-2011 - TX)

Plaintiff Gary Gravelin, a hired worker, was injured while installing a satellite dish on the roof of a residence. He received workers’ compensation and brought this separate action against the homeowners for premises liability. The trial court granted a defense summary judgment. We affirm the judgment.

I. FACTS

Defendants are Raymond and Charlotte Coolidge and their grandson, Paul... More...   $0 (11-16-2011 - CA)

2 Pursuant to ORS 742.061, plaintiffs (Zidell) have petitioned to recover
3 attorney fees that they incurred before this court and the Court of Appeals. Defendants
4 (London) have objected to Zidell's fee request on three grounds. London contends that,
5 as a result of a 2005 amendment to ORS 742.001, Zidell may not recover any fees that it
6 incurred after the effective date of th... More...   $0 (11-10-2011 - OR)

The plaintiffs, Jason Czar and Beth Ann Czar, appeal from the summary judgment rendered in favor of the defendant, Redding Appraisal Group.1 On appeal, the plaintiffs claim that the trial court improperly determined that their action was barred by General Statutes § 36a-755 because the appraisal was not rendered in conjunction with seeking a mortgage from, or at the behest of, a financial institu... More...   $0 (11-07-2011 - Ct)

Plaintiff Kelly Hollerbach (Hollerbach) appeals from the district court’s grant of summary judgment to defendant Target Corporation (Target) dismissing her negligence (premises liability) claim in this diversity case. We REVERSE and REMAND for further proceedings consistent with this opinion.

I.

The facts, viewed in the light most favorable to Hollerbach are that Hollerbach was... More...   $0 (10-26-2011 - MI)

[¶1] Appellant, Mark Orchard, was arrested for driving while under the influence of alcohol. As a result, the Wyoming Department of Transportation advised him that it was suspending his driver’s license pursuant to Wyo. Stat. Ann. § 31-6-102. Appellant contested the suspension before the Office of Administrative Hearings (OAH), and the OAH upheld the suspension. He sought review in the distric... More...   $0 (10-20-2011 - WY)

Utility Trailer Sales of Kansas City, Inc., persuaded a jury that MAC Trailer Manufacturing, Inc. and Summit Truck Equipment, LLC tortiously interfered with Utility’s prospective business advantage or relationship. But the jury rejected Utility’s claims of breach of contract and tortious interference with contract, and also found that the contract between Utility and MAC was not a franchise ag... More...   $0 (10-05-2011 - KS)

This case arises out of a claim filed by appellant, James E. Troxel, in the Circuit Court for Baltimore City in which he sought damages for injuries he allegedly received on the dance floor of a nightclub called Iguana Cantina located near the Inner Harbor in Baltimore City. Troxel sued the following defendants: (1) Iguana Cantina, LLC, the entity that operated the club, (2) Timothy S. Bennett, th... More...   $0 (10-03-2011 - MD)

This case raises important issues regarding the doctrine of “copyright misuse” as it has developed in the wake of the technological revolution of the last 30 years. Plaintiff- Appellee, Apple Inc. (“Apple”), is one of the leading producers of innovative technological hardware and software that has spurred enormous consumer demand for ever evolving technology. The Defendant-Appellant, Psyst... More...   $0 (09-28-2011 - CA)

This appeal arises from a car accident involving James Pitts and Charley Willhelm in Winkler County, Texas. The accident occurred at the intersection of State Highway 115 and County Road 201. Pitts was driving south on the state highway as Willhelm was driving east on the county road. Willhelm’s car failed to stop at a stop sign and crashed into Pitts’s car. Pitts sued Winkler County under th... More...   $0 (09-22-2011 - TX)

2 Plaintiffs, real estate brokers who sought damages and declaratory relief
3 pertaining to the enforcement of defendant City of Portland's 2008-amended Business
4 License Law, appeal. They challenge the trial court's allowance of the city's motion for
5 partial summary judgment and its denial of their cross-motion for partial summary
6 judgment. In so ruling, the trial court deter... More...   $0 (09-08-2011 - OR)

[¶1] The district court dismissed the appellants’ civil action against the appellees for
failure to state a claim upon which relief can be granted. The dismissal and this appeal
raise issues of statutory construction and the constitutionality of a statute, with the focal
question being the liability of a provider of alcohol for damages caused to a third person
by the person to w... More...   $0 (08-26-2011 - WY)

SCHUMAN, P. J.
2 The Oregon Medical Board (board) concluded that petitioner engaged in
3 unprofessional conduct and willfully disobeyed a board order, and, as a consequence, it
4 revoked his license to practice medicine, fined him $10,000, and ordered him to pay the
5 costs of the disciplinary proceedings--$14,599.05. Petitioner seeks judicial review,
6 arguing, first, that the... More...   $0 (08-03-2011 - OR)

Michael Tyler (Licensee) appeals from an order of the Court of Common Pleas of Susquehanna County (trial court) denying his appeal of five consecutive one-year license suspensions imposed by the Pennsylvania Department of Transportation (PennDOT). In this case, we consider whether 75 Pa. C.S. §1532(a)1 authorizes PennDOT to impose a one year suspension for each of five counts of aggravated assaul... More...   $0 (08-02-2011 - PA)