Holden H. Lee v. Janet J. Yang |
While the legal issues in this case are all about the money, the heart of the matter is a romantic relationship and engagement turned sour upon the prospective bride's discovery of her betrothed's prior undisclosed homosexual liaisons. With that the parties' mutual trust and expectations for a life together came to an end. Promises had been made, funds had been commingled, a residence had bee $0 (08-19-2003 - CA) |
J. Marshall Armstrong v. Fred Collins, Jr. |
breach of contract, breach of contract accompanied by fraudulent actions, fraud, negligent misrepresentation, breach of fiduciary duty and constructive fraud claims by J. Marshall Armstrong who alleged that he developed a Skillpins machine in the summer of 2000 that would be exempt from a Supreme Court decision banning video poker machines. He further claimed that he and Fred Collins entered into $3000000 (08-08-2003 - NC) |
Brand G., a minor v. Patricia Gray |
Patricia Gray, an attorney, appeals from a judgment awarding her former client, Mr. G., as guardian ad litem for his two children (plaintiffs), the sum of $41,724.40 on Mr. and Mrs. G.'s action against Gray for legal malpractice. Plaintiffs also have appealed from the judgment, contending the trial court erred in calculating the damages owed by Gray. FACTUAL/PROCEDURAL BACKGROUND In D $39000 (08-08-2003 - CA) |
Paul Reed and Deborah Marino v. Barry Kagan |
This case involves the dispute over a contract for the sale of a boat. Appellee Barry Kagan ("Appellee") sued Appellants Paul Reed and Deborah Marino (collectively "Appellants") when they refused to complete the purchase of the boat in accordance with the contract. Appellants asserted several affirmative defenses and counterclaims. Appellee attempted to negate those defenses and claims by filin $7500 (08-08-2003 - TX) |
Brandywyn McElroy v. Albert Kennedy |
Albert Kennedy sued Brandywyn ("Bryn") McElroy for return of child support that he had paid. He lost the case. In a second lawsuit, Kennedy obtained a judgment against McElroy that required her to return child support she had received from Kennedy. McElroy challenges the denial of her motion to dismiss the second lawsuit. Because we agree with McElroy that res judicata should have acted as a b $0 (08-01-2003 - AK) |
Gainsco a/s/o Fred Stringfellow v. ECS/Choicepoint Services, Inc. |
Appellant Gainsco (General Agents Insurance Company of America, Inc.), seeks reversal of a final summary judgment entered in favor of appellee, ECS/ChoicePoint Services, Inc. (hereafter ChoicePoint), on Gainsco's claim against ChoicePoint for recovery of insurance proceeds paid by Gainsco to its insured, Fred Stringfellow, due to a fire loss. We conclude that the trial court's ruling below w $0 (07-29-2003 - FL) |
The Craftsbury Company, Inc. v. Assurance Company of America |
The defendant, Assurance Company of America (Assurance), an insurance company, appeals a ruling of the Superior Court (Hollman, J.) denying its motion to dismiss a declaratory judgment petition filed by the plaintiffs, The Craftsbury Company, Inc., E. Ladd Kautz and Timothy L. Kautz (collectively, Craftsbury). It argues, among other things, that the petition was untimely because it was filed be $0 (07-24-2003 - NH) |
District of Columbia Limited Partnership v. Robert Bassin and Sherl Weems |
The District of Columbia Consumer Protection Procedures Act affords a panoply of strong remedies, including treble damages, punitive damages and attorneys' fees, to consumers who are victimized by unlawful trade practices. In this case two consumers sued District Cablevision Limited Partnership (DCLP) under the Act on behalf of a class of cable television service subscribers who, they allege $10200000 (07-21-2003 - DC) |
Henry Claude v. Robert Ceccarini and Robert Tobler. |
Appellant, Henry A. Claude ("Claude"), appeals from the trial court's judgment granting Respondents', Robert Ceccarini ("Ceccarini") and Robert Tobler ("Tobler") (collectively "Defendants"), motion for summary judgment. Claude argues the trial court erred in granting summary judgment because his state law claims were not pre-empted by federal law under Section 301(a) of the Labor-Management Relati $0 (07-08-2003 - MO) |
John Ahern, et al. v. Fuss and O'Neill, Inc. |
Seven years after the purchase of a building on the Scantic River, in Somers, for possible conversion into a residential development, the Federal Emergency Management Administration revised a flood insurance map so that the property became unsuitable for the proposed development. The map revision resulted from the belated discovery of a discrepancy in previously existing documents descri $0 (07-21-2003 - CT) |
Robert L. Yates v. Richard W. Halford and Veco Corporation |
In 1994 Richard Halford sold Robert Yates real property consisting of a lodge and some seventy-four acres located near the Denali Highway. The sale was accomplished under an "Agreement for Purchase and Sale of Real Estate and Personal Property." The purchase price was $320,000, payable by means of a $6,000 deposit upon execution of the agreement, $34,000 cash at closing, and the remainder o $0 (07-18-2003 - AK) |
Brenda Loguidice v. Metropolitan Life Insurance Company |
Plaintiff Brenda Loguidice appeals the district court's entry of summary judgment in favor of defendants Metropolitan Life Insurance Company ("MetLife") and Steven Anastasia on the ground that her claims against them were brought after the expiration of the applicable Massachusetts statute of limitations. The principal issue is whether Loguidice has adduced evidence from which a fact finder cou $0 (07-15-2003 - MA) |
Mark N. Geman v. Securities and Exchange Commission |
Mr. Marc Geman brings a petition for review of a disciplinary order issued by the SEC. Mr. Geman was a registered broker-dealer and investment adviser; he was also the chief executive officer of a firm called Portfolio Management Consultants, Inc. (the firm). In proceedings before an administrative law judge (ALJ), Geman was found to have violated several provisions of the securities laws, as d $0 (07-09-2003 - CO) |
Cathy J. Horn v. Cendant Operations, Inc., et al. |
Ms. Horn worked full-time as a customer service representative for Avis Rent A Car Systems, Inc. in Tulsa, Oklahoma. On January 1, 1999, certain operations of Avis, including the division in which she was employed, were acquired by and merged into Cendant. In October 1998, in preparation for the merger, Linda Dovers, the Tulsa Administrative Manager of Human Resources, attended a benefits pres $0 (07-08-2003 - OK) |
Joseph Tarpy v. City of San Diego |
Joseph Tarpy brought this action against the County of San Diego (the County and collectively with its representatives, the County defendants) and the Otay Lakes Veterinary Clinic (the Clinic and collectively with its representatives, the Veterinary defendants) after his dog died from complications of a spay procedure. He appeals the granting of the County defendants' motion for summary judgme $0 (07-07-2003 - CA) |
Tim S. Fragale v. Earlene L. Faulkner |
The measure of damages for a real estate broker's intentional misrepresentation to a buyer for whom he acts as agent is not limited to the out-of-pocket losses suffered by the buyer. Because the broker is a fiduciary, damages for intentional fraud may be measured by the broader benefit-of-the-bargain rule. FACTUAL AND PROCEDURAL BACKGROUND Tim and Dinora Fragale purchased a home in Lo $0 (07-07-2003 - CA) |
Francilia Padilla v. John Ashcroft |
Petitioner Francilia Padilla attempted to enter the United States using fraudulent documents and was removed pursuant to an expedited procedure that does not afford a hearing. She reentered illegally. After she applied for an adjustment of status, the Immigration and Naturalization Service ("INS") reinstated the prior removal order pursuant to another expedited procedure that does not aff $0 (07-01-2003 - CA) |
Martha Duncan v. Scottsdale Medical Imaging, Ltd., et al. |
We granted review of two questions raised by petitioner, Martha Duncan, to determine whether the trial court and court of appeals erred in dismissing Duncan's battery claim against respondent, Scottsdale Medical Imaging ("SMI"): (1) , and (2) whether section 12- 562(B) of Arizona's Medical Malpractice Act ("MMA"), Ariz. Rev. Stat. ("A.R.S.") §§ 12-561 to -594 (2003), violates Article 18, $0 (06-27-2003 - AZ) |
John T. Barnard, et al. v. Major A. Langer, et al. |
A public sewer maintained by the City of Los Angeles runs under property owned by John T. Barnard (and his wife, Virginia I. Barnard, who is included in our references to Barnard except where the context makes it clear we are referring only to him). In August 1993, the City discovered the sewer had deteriorated and caused Barnard's property to subside. In November 1995, Barnard retained the $0 (06-25-2003 - CA) |
Raymond M. Hulse and Kristina Hulse v. BHJ, Inc. |
On August 10, 1998, the Hulses filed their complaint surrounding their purchase of a piece of real property. The Hulses alleged breach of contract, negligence, fraud, and bad faith against First American Title Company of Crook County (First American) and negligence and fraud against BHJ, the real estate broker of the selling party. The basis of the complaint stemmed from allegations that th $0 (06-23-2003 - WY) |
Conservatorship of Estate of K.H. v. Continental Insurance Company, et al. |
K.H.’s inheritance was rapidly depleted while he was in the care of professional guardians. He sued two prior guardians, the first for breach of fiduciary duty and the second for fraud. The superior court dismissed the claims against both guardians on statute of limitations grounds. However, because neither guardian filed a final accounting that fully disclosed all financial matters, $0 (06-20-2003 - AK) |
My Café-CCC, LTD. & My Café-McKesson, LTD. V. Lunchstop, Inc. |
In a single issue, My Café-CCC, Ltd. and My Café-McKesson, Ltd. (collectively, My Café) contend that the trial court erred in granting LunchStop, Inc.'s motion to dismiss based on forum selection clauses in the parties' franchise agreements. For the reasons below, we reject My Café's arguments and affirm the trial court's judgment. FACTUAL AND PROCEDURAL BACKGROUND My Café executed fo $0 (06-19-2003 - TX) |
Colliers, Dow and Condon, Inc. v. Leonard J. Schwartz, et al. |
The plaintiff, Colliers, Dow and Condon, Inc., appeals from the judgment of the trial court rendered in favor of the defendants in this breach of contract action. The plaintiff claims that the court improperly (1) relied on parol evidence to vary an express term of a real estate brokerage agreement and (2) concluded that the plaintiff had failed to prove the defendants' breach of the agr $0 (06-16-2003 - CT) |
Ray Gomez d/b/a Ray's Automotive v. Mattie L. Moore |
This appeal arose out of alleged defective repairs to Appellee Mattie L. Moore's ("Mrs. Moore") 1934 Chevrolet Coupe automobile (also referred to as a 1931 model) by Appellant Ray Gomez d/b/a Ray's Automotive ("Gomez"). The trial court awarded Mrs. Moore actual damages in the sum of $11,685, attorney's fees of $2,125, pre-judgment interest and costs. We modify the damage recovery, and as modifi $11685 (06-13-2003 - TX) |
Duane Wilson, et al. v. Thomason Funeral Home, Inc. |
Duane Wilson, Debbie Murphy, Mike Wilson, David Wilson, Mark Wilson, and Christine Ballenger (collectively, appellants) sued appellee, Thomason Funeral Home, Inc., for allegedly mishandling the body of their family member, Barbara Wilson. In one issue, appellants contend that the trial court erred in granting two summary judgments in favor of Thomason because fact issues exist concerning all of $0 (06-13-2003 - TX) |
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