This case stems from a prior appeal in this Court, New Properties, Inc v Newpower (New Properties I).1 This present matter is an appeal of the trial court’s decision on remand from New Properties I. Defendant Lakes of the North Realty, Inc. appeals by right the trial court judgment setting forth monetary damages payable to plaintiffs Robert W. Kitchen and Harriet Kitchen.

We affirm.
... More...   $0 (01-20-2009 - MI)

Appellant Gaetano Paduano appeals from a judgment of the trial court in favor of defendant American Honda Motor Company, Inc. (Honda). Paduano purchased a new 2004 Honda Civic Hybrid in June 2004, and subsequently became displeased with the fuel efficiency of the vehicle. Paduano was achieving approximately half of the Environmental Protection Agency's (EPA) fuel economy estimate that was disclose... More...   $0 (01-16-2009 - CA)

Plaintiff-Appellant Kaiser Foundation Health Plan, Inc. (“Kaiser”) sued Defendants-Appellees Abbott Laboratories (“Abbott”) and Geneva Pharmaceuticals (“Geneva”) for violations of the Sherman Antitrust Act and analogous provisions of California law. Kaiser brought a claim under Section One of the Sherman Act against both Abbott and Geneva, and a claim under Section Two against only Abb... More...   $0 (01-15-2009 - CA)

An injured construction worker brought a tort action against appellant Food Pro International, Inc. (Food Pro), relating to an injury at a food processing plant. Food Pro tendered defense of both the worker’s action and a related action to its insurance carrier, respondent Farmers Insurance Exchange (Farmers). Farmers denied coverage, and this action against Farmers for breach of contract and br... More...   $0 (12-30-2008 - CA)

Sixteen individual investors (Investors) appeal the district court’s1 grant of summary judgment in favor of Cadwell Campbell, Rowland Day, and Day & Campbell, L.L.P. (collectively, Defendants). We affirm.

I.

On July 16, 1992, Day sent a “Dear Potential Investor” letter to the Investors, enclosing the Common Stock Purchase Agreement (CSPA) for International Gaming Management (IG... More...   $0 (12-29-2008 - MN)

In this case, we consider a county's claim of immunity from civil liability under ORS 30.265(3)(c), Oregon's discretionary immunity statute.

Plaintiff Hughes was driving his motorcycle on Cherry Heights Road, a county road in Wasco County, when defendant Wilson drove out of a private driveway and the two vehicles collided. Plaintiff(1) brought a personal injury action against Wilson, alleg... More...   $0 (12-18-2008 - OR)

Robert and Carolyn Mense appeal the judgment of the trial court in favor of Charles and Carolyn Watson in their action to quiet title. The Menses present nine points on appeal. Their arguments include claims that the trial court erred in (1) finding that the Watsons had adversely possessed the disputed area; (2) awarding damages for trespass and ejectment to the Watsons; (3) declaring the width of... More...   $0 (12-16-2008 - MO)

This matter involves two appeals from a single judgment. While the appeals are from the same judgment, we recognized in our opinion and judgment issued July 23, 2008, that they are independent of one another with regard to the issues presented, the analysis required, and the disposition. Accordingly, we addressed each appeal separately, affirming in part and reversing and remanding in part. Appell... More...   $0 (12-15-2008 - TX)

Appellants Eric A. Hinojosa, Erik Pampalone, and Hinojosa Body & Paint, Inc., d/b/a Capital Collision, GP, (1) seek review of the summary judgment granted by the trial court in favor of appellee FinishMaster, Inc. Finding no error in the trial court's judgment, we affirm.


BACKGROUND

FinishMaster supplies paint and other materials for auto body and paint businesses. Capital Collis... More...   $0 (12-15-2008 - )

General Motors appeals the district court’s judgment in favor of George Smiljanich on a theory of equitable estoppel and its award of attorneys’ fees. We affirm the district court’s decision on Smiljanich’s equitable estoppel claim, and reverse the grant of attorneys’ fees for services performed prior to June 22, 2006.

I.

George Smiljanich began working for General Motors C... More...   $0 (12-05-2008 - MI)

Appellant, Hyundai Motor America, is appealing a decision by the Circuit Court for Cecil County awarding attorney’s fees to appellee, Angela Alley, under the fee shifting provisions of the Maryland Automotive Warranty Enforcement Act, the Maryland Consumer Protection Act, and the federal Magnuson-Moss Warranty Act. The fees were awarded after the parties negotiated a settlement of the case, and ... More...   $0 (12-02-2008 - MD)

Appellants, Dusty Ray Painter, Individually and as next friend of minors Dezaray Nicole Speer and Summer Dawn Painter and Tina Perkins, individually and as representative of the Estate of Jesse Perkins, deceased, appeal the trial court's grant of summary judgment in favor of Momentum Energy Corporation, McGuire Industries, Inc. ("McGuire"), and Xact Technologies, Inc. We affirm the judgment of th... More...   $0 (11-20-2008 - TX)

[¶1.] Discover filed a motion for summary judgment in a breach of contract claim against cardholder Joseph Stanley. Discover did so without filing a statement of undisputed material facts. The circuit court granted Discover’s motion, and entered a judgment against Stanley. Stanley appeals. We reverse.

FACTS

[¶2.] Joseph Stanley applied for and was granted a Discover card in March... More...   $0 (11-18-2008 - SD)

Audrey Broyles began work as a deputy prosecuting attorney (DPA) for the Thurston

County Prosecutor in 1993. She served as a misdemeanor prosecutor, as the juvenile division

supervisor, and, at the time Holm took office in January 1999, as the felony prosecutor in charge

of domestic violence cases. Holm kept her in this felony prosecution role but also made her the
More...   $0 (11-13-2008 - WA)

A commercial tenant, Eric Hoopes, sued his landlord and another tenant claiming exclusive parking rights under his lease. Defendants denied plaintiff’s interpretation of the lease, and also asserted that plaintiff was equitably estopped from suing because plaintiff stood silent for years when he knew defendants believed parking was shared between the tenants. Defendants moved to bifurcate the tr... More...   $0 (11-12-2008 - CA)

Traci Hanson-Suminski (plaintiff) brought an action to recover damages arising from alleged misrepresentations by Rohrman Midwest Motors, Inc., doing business as Arlington Acura in Palatine (defendant). Following a jury trial, defendant was found guilty of common law fraud, and following a bench trial, judgment was entered in favor of plaintiff under the Consumer Fraud and Deceptive Business Pract... More...   $0 (11-07-2008 - IL)

¶1 Defendants Parr Waddoups Brown Gee & Loveless, Clark Waddoups, Jonathan O. Hafen, and Justin P. Matkin brought this interlocutory appeal to challenge the trial court's denial of their motion for partial summary judgment on a claim brought by Plaintiffs Susan I. Moss and Jamal S. Yanaki for breach of an oral settlement agreement. Defendants contend that the trial court erred in determining that... More...   $0 (11-06-2008 - UT)

Dr. Stephen Morrison ("Dr. Morrison") appeals from a judgment entered after a jury trial that ordered him to pay monetary damages to Edgar Edgerton ("Edgerton") for medical negligence. Dr. Morrison alleges five points of error that can be divided into two categories: 1) no evidence supported the jury's finding that Morrison's negligence was the cause of any damages suffered by Edgerton; and 2) two... More...   $0 (10-21-2008 - MO)

Appellant, Joseph Zarzosa, appeals the trial court's grant of summary judgment in favor of Appellee, Curtis Flynn. Because Zarzosa did not show that a genuine issue of material fact existed as to his claims, we affirm the judgment of the trial court.

I. BACKGROUND

Zarzosa was charged with an undisclosed crime following a traffic stop. The reason given for the traffic stop was that Za... More...   $0 (09-25-2008 - TX)

Darrell McKnight and Michael Palmer made a claim with their insurer, American Mercury Insurance Company (American Mercury), seeking payment for damage to their metal building resulting from a hailstorm in March of 2000. Initially, American Mercury issued a check to pay for the damage assessed. When McKnight and Palmer, dissatisfied with the amount paid, refused to accept the check and, instead, fi... More...   $0 (09-25-2008 - TX)

Darrell McKnight and Michael Palmer made a claim with their insurer, American Mercury Insurance Company (American Mercury), seeking payment for damage to their metal building resulting from a hailstorm in March of 2000. Initially, American Mercury issued a check to pay for the damage assessed. When McKnight and Palmer, dissatisfied with the amount paid, refused to accept the check and, instead, fi... More...   $0 (09-25-2008 - TX)

Plaintiff, Edmund Jones, appeals from three orders of the circuit court of Kane County dismissing his claims in his amended complaint against defendant, Nissan North America, Inc., for breach of express (count I) and implied (count II) warranties under the Magnuson-Moss Warranty-- Federal Trade Commission Improvement Act (Magnuson-Moss Act, Magnuson-Moss, or Act) (15 U.S.C. §2301 et seq. (2000)).... More...   $0 (09-11-2008 - IL)

Plaintiff, John Thigpen, appeals the trial court’s order setting aside a jury verdict for plaintiff and granting the defendant, United Parcel Services, Inc. (UPS,) a new trial. The trial court granted the new trial after determining that it had erroneously admitted irrelevant and unfairly prejudicial evidence, which resulted in an excessive verdict. Because we conclude that the trial court did n... More...   $0 (09-10-2008 - FL)

Respondents are 11 pipe fitters (the pipe fitters) who are former employees of appellant/cross-respondent Fluor Federal Services, Inc. (Fluor), a company with operations on the Hanford Nuclear Reservation near the Tri-Cities. The pipe fitters prevailed at trial on their claims of wrongful discharge in violation of public policy based on their allegations that they were discharged for raising... More...   $0 (09-04-2008 - WA)

Following a special verdict by the jury, the trial court entered judgment in favor of plaintiff and respondent Antonio Barba for $117,053.42 against defendant and appellant Lupe Perez. Following judgment, Perez moved to tax certain costs Barba had claimed under Code of Civil Procedure section 998.1 Perez’s motion was denied in part and granted in part. Perez appeals from the judgment and the ord... More...   $117053 (08-29-2008 - CA)