Kerri Robinson v. Sunshine Homes, Inc. |
¶1 In May 2006, Defendant, Broadway Homes1 [Broadway], a manufactured home dealer, ordered a manufactured home [home] from Sunshine Homes, Inc., [Sunshine], a manufacturer of manufactured homes. Sunshine transported the home in two halves, half A and half B. During the transport from Sunshine in Alabama to Broadway's sales lot in Edmond, Oklahoma, the trailer bearing half B had blow-outs on five $0 (10-02-2012 - OK) |
SCS Builders, Inc. v. Sherri Searcy |
Sherri Searcy sued SCS Builders, Inc. and Sonny Calvin Spoon in connection with the construction of a home that they agreed to build for her. SCS and Spoon filed a counterclaim against Searcy for defamation related to certain internet and other comments allegedly made about them, and they sought damages of $1,000,000. The trial court granted judgment for “actual and/or economic damages” as w $0 (10-19-2012 - TX) |
D.K. v. Abington School District |
This case requires us to decide whether a public school district’s failure to designate a struggling student as disabled violated the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400–1419, or § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. In making this determination, we delineate for the first time the scope of the statutory exceptions to the IDEA’s statu $0 (10-14-2012 - PA) |
Doug Torian v. Robert Criag |
¶1 Doug Torian brought suit against his former employer (EnvironMax) and its directors to recover the value of shares he received to offset wages owed to him by the company—shares he claimed were diluted by corporate misdeeds. The district court dismissed Torian‘s suit on summary judgment, concluding that the claim was derivative in nature and that ing to assert it directly. In so ruling, th $0 (09-28-2012 - UT) |
Anna & Jin, Inc. v. Juliana Peyravy |
Anna & Jin, Inc. sued Juliana Peyravy on a breach of agreement theory. |
Great American Insurance Company v. Robert Christy |
The defendants, Robert Christy, Christy & Tessier, P.A., Debra Johnson, and Kathy Tremblay, appeal a decision of the Superior Court (Tucker, J.) rescinding a professional liability policy issued by the plaintiff, Great American Insurance Company (GAIC), to the law firm of Christy & Tessier, P.A. We reverse and remand. |
Kerri Robinson v. Sunshine Homes, Inc. |
¶1 In May 2006, Defendant, Broadway Homes1 [Broadway], a manufactured home dealer, ordered a manufactured home [home] from Sunshine Homes, Inc., [Sunshine], a manufacturer of manufactured homes. Sunshine transported the home in two halves, half A and half B. During the transport from Sunshine in Alabama to Broadway's sales lot in Edmond, Oklahoma, the trailer bearing half B had blow-outs on five $0 (10-02-2012 - OK) |
Food Safety Net Services v. Eco Safe Systems, USA, Inc. |
After respondent Food Safety Net Services (Food Safety) sought to recover its fee from appellant Eco Safe Systems USA, Inc. (Eco Safe) for performing a study of Eco Safe‟s food disinfection equipment, Eco Safe asserted a cross-complaint against Food Safety for breach of contract, negligence, fraud, and related claims. The trial court granted summary judgment in favor of Food Safety on Eco Safe $0 (10-04-2012 - CA) |
MBR & Associates, Inc. v. William S. Lile |
Appellants MBR & Associates, Inc. and Marion Brian Ramon appeal from the trial court’s judgment for Appellee William S. Lile, signed after a bench trial. For the reasons set forth below, we will affirm the trial court’s judgment. |
In Re C.E. |
Christopher Ehrhardt sued to terminate a parent-child relationship with C.E. under Texas Family Code section 161.005(c). That section permits a man who was not married to the mother of the child to terminate the parent-child relationship, provided he meets the statutory criteria for seeking genetic testing, and the test results foreclose paternity. See TEX. FAM. CODE ANN. § 161.005(c) (West Supp. $0 (10-05-2012 - TX) |
Timothy Phillips v. Sprint PCS |
In a consumer class action alleging misrepresentation of cellular telephone rates, the trial court in 2006 denied defendants‘ motion to compel arbitration based upon finding that the provisions in the underlying customer contracts requiring bilateral arbitration and waiver of a class action are unconscionable under California law. Years later, after the United States Supreme Court abrogated the $0 (09-26-2012 - CA) |
Robert Navarro & Associates Engineering, Inc. v. Flowers Banking Co. of El Paso, LLC |
This is an interlocutory appeal from an order denying motions to dismiss claims under Chapter 150 of the Texas Civil Practice and Remedies Code. These statutes govern suits filed against certain licensed professionals, including engineers and their firms. See Tex.Civ.Prac.& Rem.Code Ann. §§ 150.001-.002 (West 2011). All of Appellants’ arguments concern the adequacy of the sworn certificate $0 (09-26-2012 - TX) |
Sandhya Desmond v. Yale-New Haven Hospital, Inc. |
The plaintiff, Sandhya Desmond, appeals from the judgment of the trial court dismissing her complaint against the defendants, Yale-New Haven Hospital, Inc. (hospital), and Yale-New Haven Health Services, Inc., alleging workers’ compensation fraud; statutory negligence; breach of contract; violations of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq.; and v $0 (09-16-2012 - CT) |
Paul W. Hawran v. Harry Hixson, Jr. |
Plaintiff and appellant Paul Hawran filed a lawsuit against defendants and appellants Sequenom, Inc. (Sequenom), and Sequenom directors Harry Hixson, Jr., Richard Lerner, and Ronald Lindsay, stemming from representations made in a widely disseminated press release concerning Sequenom's internal investigation into its handling of certain research and development test data and results, which issued $0 (09-16-2012 - CA) |
William Goodridge v. KDF Automotive Group, Inc. |
Defendant KDF Automotive Group, Inc. (KDF) appeals an order denying its petition to compel arbitration of the action filed against it by plaintiff William Goodridge arising out of his purchase of a used automobile from KDF. On appeal, KDF contends the trial court erred by concluding the arbitration clause in the purchase contract was unconscionable and therefore unenforceable.1 |
Allied Steel Construction v. Simmons Construction, LLC |
Allied Steel Construction sued Simmons Construction, LLC on a breach of contract theory claiming: |
Philip Morris USA, Inc. v. Robin Cohen |
In this Engle1-progeny case, Philip Morris USA, Inc. (“PM USA”) and R.J. Reynolds Tobacco Company (“RJR”), appeal final judgments following jury verdicts, awarding R o b i n Cohen, as personal representative of the estate of her late-husband Nathan Cohen, $10 million in non-economic compensatory damages and $10 million in punitive damages, from each appellant. The jury found each party one $0 (09-14-2012 - FL) |
Citizens Property Insurance Company v. Alexandra Ifergane |
In this consolidated appeal, Citizens Property Insurance Corporation (“Citizens”) seeks review of the following three trial court orders: (1) an order granting, with prejudice, Alexandra Ifergane’s motion to be dismissed as a party; (2) an order granting Haim Ifergane’s motion for partial summary judgment as to coverage; and (3) the subsequent order of final judgment in favor of Haim Iferg $0 (09-14-2012 - FL) |
George E. Guidry v. Environmental Procedures, Inc. |
This is a suit by two companies against the insurance agent and agency that procured their insurance from 1991 to 1994. The insured companies asserted that the agent sold them insurance in Texas from a non-admitted carrier without the license and training to do so. They further maintained that one of their insurers became financially unstable, and that the agent’s failure to disclose this lack o $0 (09-13-2012 - TX) |
Wendy Rutherford Branham v. State Farm Lloyds |
Wendy Rutherford Branham appeals a summary judgment granted in favor of State Farm Lloyds. The trial court concluded that State Farm Lloyds had no duty to defend or indemnify Branham in relation to a claim against her for misrepresentations she allegedly made in selling her home. On appeal, Branham asserts the trial court erred in granting the summary judgment because: (1) State Farm Lloyds had a $0 (09-14-2012 - TX) |
Breton Lee Morgan, M.D. v. Kathleen Sebelius |
Breton Lee Morgan appeals a district court order dismissing his action challenging the decision of the Secretary of the United States Department of Health and Human Services ("the Secretary") to exclude him for five years from participating in Medicare, Medicaid, and all other federally sponsored health care programs pursuant to the applicable terms of 42 U.S.C.A. § 1320a-7(a)(3) (West 2011). Fin $0 (09-13-2012 - WV) |
Marilyn Pilalas v. The Cadle Company |
Marilynn Pilalas, a resident of Pembroke, Massachusetts, challenges the district court's grant of summary judgment dismissing claims she brought against the Cadle Company ("Cadle Company") and its corporate sibling CadleRock Joint Venture II, L.P. ("CadleRock") for unlawful debt collection under Massachusetts law; collectively, we refer to them both as "Cadle" where the distinction does not matte $0 (09-12-2012 - MA) |
Rared Manchester HD, LLC v. Rite Aid of New Hampshire, Inc. |
There are no role models in the tale that we chronicle here. The story line pits a sophisticated developer against a sophisticated tenant. The parties had done business for many years and (at least in the developer's view) had established a template for future transactions. Their current dispute arose when the tenant forwarded to the developer a commercial lease containing a material term that de $0 (08-31-2012 - ME) |
Stacey Hightower v. City of Boston |
This case presents an as-applied and a purported facial attack on the Massachusetts statutory and administrative scheme for revoking licenses for the carrying of firearms. The district court entered summary judgment dismissing the claims. Hightower v. City of Boston, 822 F. Supp. 2d 38, 65-66 (D. Mass. 2011). |
Mary Jane McGair v. American Bankers Insurance Company of Florida |
This appeal arises from a dispute over the scope of a flood insurance policy. In July 2006, appellants, Mary Jane and Joseph McGair, purchased a flood insurance policy from appellee, American Bankers Insurance Company of Florida ("American Bankers"). Their policy was issued pursuant to a federal program under which private insurers issue and administer standardized flood insurance policies, and a $0 (09-09-2012 - RI) |
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