George Paul Glover v. Oklahoma Department of Transporation |
¶1 Defendant/Appellant Oklahoma Department of Transportation (ODOT) seeks review of the trial court's order modifying the administrative debarment of Plaintiffs/Appellees George Paul Glover and Glover Construction Company, Inc. (respectively, Glover and GCC) from participation in state contracts. In this appeal, ODOT challenges the trial court's order as contrary to the evidence and affected by e $0 (06-07-2011 - OK) |
Wayne DeMarco v. Travelers Insurance Company |
What are the responsibilities of an insurance company when a single motor vehicle collision results in multiple claims being asserted against the insureds, which claims in the aggregate exceed the policy limits? That, in essence, is the question that this appeal calls upon us to answer. |
Lawrence Jamere Taylor v. State of Oklahoma |
¶1 Lawrence Jamere Taylor, Appellant, was tried by jury in the District Court of Tulsa County, Case Number CF-2008-2033, and found guilty of Count 1, murder in the first degree, in violation of 21 O.S.Supp.2006, § 701.7(A); and Count 2, shooting with intent to kill, in violation of 21 O.S.Supp.2007, § 652(A). The jury sentenced him to life imprisonment without possibility of parole in Count 1, $0 (02-16-2011 - OK) |
Amber Duick v. Toyota Motor Sales, U.S.A., Inc. |
Defendants Toyota Motor Sales, U.S.A., Inc. (Toyota) and Saatchi & Saatchi North America, Inc. (Saatchi) appeal from the denial of their motion to compel arbitration of plaintiff Amber Duick‘s claims. We affirm because the putative contract is void on account of fraud in the inception. |
James D. Gentry v. Harborage Cottages-Stuart, LLLP |
COX, Circuit Judge: Several purchasers of condominium units sued developer Harborage Cottages- Stuart, LLLP (“Harborage”), alleging that Harborage violated the Interstate Land Sales Full Disclosure Act (“ILSFDA”), 15 U.S.C. § 1701, et seq., and several Florida statutes. The district court granted summary judgment in favor of the purchasers. Central to this appeal is the court’s conclusi $0 (09-07-2011 - FL) |
Sara E. Krinsk v. Suntrust Banks, Inc. |
Defendant SunTrust Bank (“SunTrust”) appeals the district court’s order denying its motion to compel plaintiff Sara Krinsk to submit her claims to arbitration pursuant to an arbitration agreement governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. The district court held that SunTrust had, by participating in the litigation for nine months prior to requesting that the $0 (09-07-2011 - FL) |
ACLYS International v. Equifax |
Aclys International, LLC, appeals from the district court’s order dismissing its suit against Equifax, Inc., which the court concluded was barred by the economic loss doctrine, a limitation on damages resulting from breach of contract. Aclys argues the economic loss doctrine does not apply because there was no contract between it and Equifax because Equifax owed it an independent duty of care. W $0 (09-06-2011 - UT) |
Merlin S. Campo v. Allstate Insurance Company |
Allstate Insurance Company (“Allstate”) appeals from the district court’s judgment after a bench trial awarding damages to Plaintiff-Appellee Merlin S. Campo. In its written opinion, the district court found that Allstate’s negligent misrepresentations caused Campo to fail to renew his flood insurance policy and awarded damages to Campo for the amount of insurance coverage he would have re $0 (09-01-2011 - LA) |
Wilfredo Aviles, M.D. v. Albert Aguirre |
By one issue, appellants Wilfredo Aviles, M.D. and Wilfredo Aviles M.D., P.A., (collectively, “Dr. Aviles”) argue that the trial court erred when it ordered that attorney’s fees awarded under article 4590i were recoverable only from appellees and not from appellees’ attorneys. We affirm. |
United States of America v. Hallie Irvin and F. Jeffrey Miller |
Appellants F. Jeffrey Miller and Hallie Irvin were charged in an eleven-count indictment with a variety of crimes stemming from an alleged conspiracy to defraud mortgage lenders in connection with the subprime housing market. After a month-long jury trial, Miller and Irvin were each convicted on several of the charges and sentenced. They now appeal their convictions, citing numerous evidentiary an $0 (08-31-2011 - KS) |
Michael King, Jr. v. Bluecross Blueshield of Alabama |
Plaintiff–Appellant Michael King, Jr. appeals the district court’s summary judgment for Defendants–Appellees Bluecross Blueshield of Alabama and Bluecross Blueshield of Louisiana (collectively, “Blue Cross”), as well as the district court’s denial of his Rule 59 motion for new trial. Substantively, this appeal asks whether ERISA can preempt state law claims brought by former employee h $0 (08-30-2011 - LA) |
Jaymaz Hernandez v. Lakesha Foster, DCFS investigator |
The Illinois Department of Children and Family Services (“DCFS”) took fifteen-month-old Jaymz Hernandez away from his home and parents and into temporary protective custody. Jaymz and his parents, Crystelle and Joshua Hernandez, later sued the defendants-appellees, Lakesha Foster, a DCFS investigator; her supervisor, Pamela Foster-Stith; and Michael Ruppe, DCFS Assistant Regional Manager, alle $0 (08-26-2011 - IL) |
James Coddington v. Sate of Oklahoma |
1 James Coddington was tried by jury and convicted of First Degree Murder in the District Court of Oklahoma County, Case No. CF-1997-1500. He received the death penalty. This Court affirmed Coddington's conviction, reversed the sentence, and remanded the case for resentencing. Coddington v. State, 2006 OK CR 34, 142 P.3d 437. Coddington again received the death penalty after a resentencing trial. $0 (08-23-2011 - OK) |
Progressive Products, Inc. v. Tom Swartz |
This is an appeal in an action brought under the Kansas Uniform Trade Secrets Act, K.S.A. 60-3320 et seq. The defendants, former employees of the plaintiff Progressive Products, Inc. (PPI), challenge the district court finding that they misappropriated protected trade secrets, and, on review before this court, they additionally challenge the remedial procedure that the Court of Appeals directed. $0 (08-26-2011 - KS) |
Kim Rivera v. American General Financial Services, Inc. |
{1} We granted certiorari in this case to review a Court of Appeals opinion upholding a district court’s order compelling arbitration of Petitioner Kim Rivera’s claims against a title loan lender, American General Financial Services, Inc., and its affiliated insurance agency, American Security Insurance Company. We base our reversal of those decisions on our holding that the arbitration provis $0 (07-27-2011 - NM) |
Randy L. Robinson v. Alexander Earl Baggett |
¶1 Alexander Earl Baggett (Husband) appeals the trial court’s denial of his motion under rule 60(b) of the Utah Rules of Civil Procedure following the entry of an Amended Supplemental Decree of Divorce and the related findings of fact and conclusions of law (Amended Decree) in his divorce from Randy L. Robinson (Wife).1 We reverse and remand. |
David Fisher v. Lavern Davidhizar |
¶1 Defendant Dr. Lavern Davidhizar appeals the trial court’s dismissal of his claims for negligent misrepresentation and fraud and his affirmative defense of fraud (collectively, the fraud claims). We reverse and remand. Plaintiffs David Fisher and Office Management Consultants, LC (collectively, OMC) appeal the trial court’s denial of its motion to strike and of its denial of OMC’s motion $0 (08-18-2011 - UT) |
James H. Owen v. Peltier Enterprises, Inc., d/b/a Peltier Nissan |
James H. Owen appeals the trial court’s order granting a motion for sanctions against him. In his sole issue on appeal, he argues that the trial court abused its discretion in assessing sanctions against him. We affirm. |
Kenneth Perarson v. Voith Paper Rolls, Inc. |
When Kenneth Pearson was terminated from his position at Voith Paper Rolls, Inc. (“Voith Paper”), he negotiated a severance package based, in part, on his belief that he would be receiving a pension in a certain amount from the Voith Paper Rolls, Inc. Salaried Pension Plan (“the Plan”). Unfortunately, the administrator for the Plan (who was also the Human Resources manager for Voith Paper) $0 (08-25-2011 - WS) |
Brian Cleary v. Philip Morris Incorporated |
This is a class action suit brought against Philip Morris, Inc., and several other tobacco companies and tobacco-related entities. The plaintiffs allege that for years the tobacco companies conspired to conceal the facts about the addictive and dangerous nature of cigarettes by intentionally using incomplete, misleading, or untruthful marketing and advertising. |
Glenn Gates v. Rohm and Haas Company |
This is an interlocutory appeal under Fed. R. Civ. P. 23(f) from the denial of class certification for medical monitoring and property damage. Plaintiffs aver chemical companies dumped an alleged carcinogen at an industrial complex near their residences. The District Court found individual issues predominated on exposure, causation, and the need for medical monitoring and also found individual iss $0 (08-25-2011 - PA) |
Edwin A. White v. MLMT 2004-BPC1 Carlyle Crossing, LLC |
This is an appeal from a judgment in favor of appellee MLMT 2004-BPC1 Carlyle Crossing, LLC for $1,766,355.52 in a bench trial on appellee’s cause of action for waste of collateral. In two issues, appellant Edwin A. White, an indemnitor under the loan agreements, contends that the evidence is insufficient to support the damage award and that the express negligence doctrine does not apply to rel $0 (08-25-2011 - TX) |
Robert Earl Warnke v. Nabors Drilling USA, L.P., NDUSA Holdings Corp., and Bruce Wilkinson |
Appellees Nabors Drilling USA, L.P., NDUSA Holdings Corporation, and Bruce Wilkinson filed a motion for rehearing and a motion for en banc reconsideration of our opinion issued on April 7, 2011. We grant rehearing, deny as moot their motion for reconsideration en banc, withdraw our opinion and judgment, and issue this opinion. |
Samson Lone Star Limited Partnership, n/k/a Samson Lone Star, L.L.C. v. Charles G. Hooks |
This is an appeal from a final judgment against appellant Samson Lone Star, Limited Partnership n/k/a Samson Lone Star L.L.C. (“Samson”) for more than $21 million in favor of appellees Charles G. Hooks, et al. (“the Hooks”). Samson has a number of oil and gas leases from landowners in Hardin and Jefferson Counties. The judgment arises from an oil and gas case in which the Hooks brought s $0 (08-25-2011 - TX) |
Garry Boyd v. Tornier, Inc. |
Tornier is a manufacturer of medical goods related to joint replacement and soft tissue repair. It has distributors all over the United States, including Boyd Medical, run by Garry Boyd, (collectively “Boyd”) in Missouri and Addison Medical, run by Charles Wetherill, (collectively “Wetherill”) in Iowa. Both Boyd and Wetherill had exclusive distributorship agreements with Tornier and relied $0 (08-24-2011 - IL) |
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