Licensee Law
 
Bruce M. Crider v. Mary H. Crider

Bruce and Mary Crider were divorced. Bruce challenges the final judgment in their divorce action on numerous grounds. We find no error in the trial court’s judgment and affirm.

Background

On August 4, 2009, Bruce and Mary Crider filed a verified petition for divorce on grounds of irreconcilable differences. The petition stated that the Criders had provided for the division of their... More...
   $0 (07-07-2011 - TX)

Ronald H. Semler v. General Electric Capital Corporation

This appeal raises the question of whether a commercial lending institution, which is also an equity investor in a borrower‘s venture, violated the Unruh Civil Rights Act (Act) (Civ. Code, § 51) by declining to make a loan to a limited liability company because its managing member included a felon who had conspired to falsify customs documents and sell munitions to Syria.

We conclude tha... More...
   $0 (06-29-2011 - CA)

David E. Ball v. Steadfast-Blk

What‟s in a name? Business and Professions Code section 7031, subdivision (a)1 “bars all actions, however they are characterized, which effectively seek „compensation‟ for illegal unlicensed contract work.” (Hydrotech Systems, Ltd. v. Oasis Waterpark (1991) 52 Cal.3d 988, 997 (Hydrotech).) In this appeal we decide whether subdivision (a) bars plaintiff David E. Ball, who was licensed by ... More...   $0 (06-14-2011 - CA)

Shawano Gun & Loan, LLC, d/b/a Shawano Gun & Loan v. Mary Jo Hughes

Shawano Gun & Loan, LLC (Shawano) sells fishing equipment and firearms from its sporting goods store and pawnshop in northern Wisconsin. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) revoked Shawano’s federal license to sell firearms in December 2008 after it rejected Shawano’s administrative appeal from a hearing officer’s finding that Shawano willfully violated record keepi... More...   $0 (06-07-2011 - WI)

Game Systems, Inc. v. Forbes Hutton Leasing, Inc.

In nineteen issues, Game Systems, Inc. a/k/a Texas Game Systems appeals from the trial court’s denial of its motion for summary judgment against and the grant of summary judgment for Forbes Hutton Leasing, Inc. (Leasing), Gametronics Gaming Equipment Limited (Tronics), and Robert Houchin (Houchin) (collectively Appellees). We affirm in part and reverse in part. Because we hold that the trial c... More...   $0 (05-26-2011 - TX)

Riverwood Commercial Park, LLC v. Standard Oil Company, Inc.

[¶1] Riverwood Commercial Park, LLC, and Tom S. Freidt (collectively "Riverwood") appealed from a summary judgment dismissing Riverwood's action against Standard Oil Company, Inc. ("Standard") and Tesoro Refining and Marketing Company ("Tesoro"). We conclude the district court did not err in granting summary-judgment dismissal of Riverwood's claims because the court correctly ruled as a matter of... More...   $0 (05-20-2011 - ND)

Helen Woten v. American National Insurance Company

Helen Woten (“Woten”) appeals the district court’s decision granting summary judgment to American National Insurance Company, doing business as Edgewater Mall (“ANICO”). We REVERSE the grant of summary judgment in favor of ANICO and REMAND the case for proceedings consistent with this opinion.

I. FACTS AND PROCEDURAL HISTORY

Woten worked as a cashier at a store in the Edgew... More...
   $0 (05-11-2011 - MS)

Ursack, Inc. v. Sierra Interagency Black Bear Group

The National Park Service and the United States Forest Service require backpackers who visit certain areas in the Sierras to store food in portable bear-resistant containers. Between 2001 and 2007, both the Park Service and the Forest Service required visitors to Yosemite National Park, Sequoia and Kings Canyon National Parks (“SEKI”), and the Inyo National Forest to use containers that had be... More...   $0 (05-09-2011 - CA)

Teresa Vandeveere-Pratt v. Portland Habilitation Center, Inc.

Plaintiff appeals a judgment for defendant in this slip and fall case, assigning error to the trial court's failure to give one instruction to the jury and its decision to give another. We hold that the trial court erred in failing to give the first instruction and that the second instruction was potentially misleading; we therefore reverse the trial court's judgment.

We state the facts in ... More...
   $0 (05-04-2011 - OR)

Sandra L. Jusseaume v. James D. Ducatt

[¶1] Sandra L. Jusseaume appeals from a judgment entered in the District Court (West Bath, Tucker, J.) denying her request for a protection from abuse order based on a finding that James D. Ducatt’s conduct did not meet the definition of abuse. See 19-A M.R.S. § 4002(1)(B) (2010).1 Jusseaume contends that the court committed obvious error by failing to afford her the opportunity to cross-exami... More...   $0 (04-07-2011 - ME)

Elizabeth Antim v. Fred Meyer Stores, Inc.

Elizabeth Antim appeals from the district court’s dismissal of her claims of negligence and negligent supervision against Fred Meyer Stores, Inc. and Cleaning Services Group, Inc. (CSG). Specifically, Antim asserts that the district court erred by granting Fred Meyer’s and CSG’s motions for summary judgment. Antim also appeals from the district court’s order denying her motion for reconsid... More...   $0 (03-30-2011 - ID)

Jonathan Nnebe v. Matthew Daus

The named plaintiffs in this putative class action, brought pursuant to 42 U.S.C. § 1983, are the New York Taxi Workers Alliance (“NYTWA” or “Alliance”) and four New York City taxi drivers whose licenses to drive yellow cabs were automatically suspended when they were arrested on criminal charges. It is the policy of the City of New York (“City”) and its Taxi and Limousine Commission ... More...   $0 (03-30-2011 - NY)

Saregama India, Ltd. v. Timothy Mosley

This case concerns a copyright infringement action brought by Saregama India Ltd. (“Saregama”) against the Defendants for copying, or digitally sampling, a portion of the Indian song, “Baghor Mein Bahar Hai” (“BMBH”), in the hip-hop song, “Put You on the Game” (“PYOG”). Saregama, an Indian music production and distribution company, claims that it owns a copyright in the sound r... More...   $0 (03-25-2011 - FL)

John Gilbert v. MEC Oregon Racing, Inc.

At issue in this case is the construction of a contract that governs the fees that the operators of the Portland Meadows horse racing track must pay to the owners of the race track for wagering on horse races that are "simulcast" from other horse racing sites. The decades-old contract, which was executed before simulcasting of off-track races was permitted, describes two different fees: one that a... More...   $0 (03-23-2011 - OR)

Sonja Alvarez v. State of Alaska, Department of Administration, Division of Motor Vehicles

A driver appeals the 90-day suspension of her driver’s license two and a half years after her arrest for drunk driving. The delay was almost entirely due to the fact that the officer who arrested her was deployed to Iraq with the military shortly after her arrest, and the suspension hearing was continued until the state learned of his return. The driver challenges the suspension on constitutiona... More...   $0 (03-18-2011 - AK)

Jason L. Osterhaus v. Jean Betty Toth

This case arises out of the sale of a home which was later discovered to have structural flaws. Jason Osterhaus, a first-time home buyer, brought an action against the seller (Jean Betty Toth), Toth's real estate agent (Jeffrey Schunk), and Schunk's company (TopPros Real Estate, Inc.). Osterhaus alleged deceptive and unconscionable acts under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-62... More...   $0 (03-11-2011 - KS)

Estate of Laura Enzweiler v. Board of Commissioners, Clermont County, Ohio

{¶1} Defendant-appellee and cross-appellant, Board of County Commissioners of Clermont County, Ohio (County), appeals from the Clermont County Court of Common Pleas decision denying its motion for summary judgment seeking governmental immunity pursuant to R.C. Chapter 2744 in a lawsuit initiated by plaintiff appellant and cross-appellee, Laura M. Enzweiler.1 For the reasons outlined below, we rev... More...   $0 (02-28-2011 - OH)

Lisa M. Blair v. Vandalia United Methodist Church

{¶ 1} Plaintiff-appellant Lisa M. Blair appeals from a decision of the Montgomery County Court of Common Pleas, General Division, sustaining defendant-appellee Vandalia United Methodist Church’s (hereinafter “VUMC”) motion for summary judgment. VUMC filed its motion for summary judgment on September 25, 2009. On May 5, 2010, the trial court filed a written decision sustaining said motion. B... More...   $0 (02-25-2011 - OH)

City of North Richland Hills v. Laura Friend

Appellant, the City of North Richland Hills (the City), brings this interlocutory appeal from the trial court’s denial of its plea to the jurisdiction in the lawsuit filed against it by Appellees Laura Friend, Individually and as Personal Representative of the Estate of Sarah Elizabeth Friend, Deceased, and Luther Friend, Individually (collectively, the Friends). The City contends in one issue ... More...   $0 (02-24-2011 - TX)

Legend Night Club v. Dennis B. Miller

"Under the doctrine of overbreadth, a statute violates the First Amendment it if prohibits a substantial amount of protected expression." PSINet, Inc. v. Chapman, 362 F.3d 227, 234 (4th Cir. 2004). Defendants appeal a permanent injunction prohibiting the enforcement of a Maryland statute due to its overbreadth. We conclude that the statute—which limits the range of permissible conduct, attire, a... More...   $0 (02-17-2011 - MD)

Karen Harris v. The University of South Carolina

Karen Harris appeals the jury's verdict in favor of the University of South Carolina (the University) on her negligence claim for damages resulting from injuries she suffered in a fall on University property. Harris argues the trial court erred in (1) charging the jury on the Limitation on Liability of Landowners Act, commonly known as the Recreational Use Statute (the RUS)[1], (2) charging she c... More...   $0 (02-03-2011 - SC)

Martha Sullivan and Dennis Sullivan v. The City of Fort Worth, Texas

Appellants Martha and Dennis Sullivan (the Sullivans) appeal the trial court’s order granting the City of Fort Worth’s (the City) plea to the jurisdiction. The City claimed governmental immunity from the Sullivans’ claims.

Background

One evening in 2007, the Sullivans attended their granddaughter’s wedding, which was held in the Japanese Garden (the Garden), part of the city... More...
   $0 (02-03-2011 - TX)

Randall J. Stewart v. Norman Kralman

Plaintiff was severely injured while riding his snowmobile on defendant's land. Plaintiff appeals a judgment that dismissed his negligence action on summary judgment on alternative theories. First, the trial court concluded that defendant was immune from liability under ORS 105.682(1) because plaintiff's injuries arose out of his use of defendant's land for a recreational purpose. Second, the tria... More...   $0 (02-02-2011 - OR)

Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County, Florida

At issue today is the constitutionality of an ordinance that the Manatee County, Florida Board of County Commissioners (“the Board”) adopted to regulate sexually oriented businesses in Manatee County (“the County”). Peek-a-Boo Lounge of Bradenton, Inc. (“Peek-a-Boo”), an adult dancing establishment in Manatee County, along with two similar establishments, sued 1 the County claiming tha... More...   $0 (01-21-2011 - FL)

Richard Clairmont v. Sound Mental Health

In this First Amendment retaliation case, Richard Clairmont appeals the district court’s grant of summary judgment to Defendant Joni Wilson, the Manager of Probation Services at the Seattle Municipal Court. Before filing suit, Clairmont was employed as a domestic violence counselor for Sound Mental Health, a private company that provides domestic violence prevention treatment programs to crimina... More...   $0 (01-19-2011 - WA)

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AK Morlan
Kent Morlan, Esq.
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