We have long strictly construed contractual provisions that call for one party to indemnify another, requiring that such provisions clearly and unequivocally manifest the intent to do so. In this case, we are asked to consider whether we should also strictly construe a contractual provision requiring one party to procure insurance for the benefit of another. ¶2 We conclude that while an agreement

In November 2010, Mr. Fugle was a student at Big Piney High School in Big Piney, Wyoming. As part of a science class, his teacher, Stephen Nelson, conducted a demonstration of centripetal force in the high school gymnasium using a wheeled cart and a 20-foot rope. In the demonstration, Mr. Nelson stood in the center of the gym and heldon to one end of the rope while a student, sitting in the cart

In 2005, Charles Stenz suffered an on-the-job injury for which he filed a claim with his employer’s insurance carrier, Pinnacle Risk Management. Pinnacle accepted the claim and paid the benefits. In 2009, Stenz died. Alleging that his death resulted partly from the 2005 injury, Stenz’s widow filed a claim for death benefits under A.R.S. § 23-1061(A). The claim was filed with the Industrial Com

Defendants Milbank, Tweed, Hadley & McCloy (Milbank) and Deborah Festa (Festa) appeal the trial court‘s order overruling their demurrer and denying their motion to strike the First Amended Complaint under Civil Code section 1714.10.1 Plaintiffs SageMill LLC (SageMill), Adam Klotz (Klotz) and Richard Spitz (Spitz) alleged that a former business associate of theirs, Stephen Bruce (Bruce), who was a

Salt Lake City, UT - Tenth Circuit holds that bankruptcy court does not have jurisdiction without consent of parties

This case has but little to do with bankruptcy. Neither the debtor nor the
creditors, not even the bankruptcy trustee, are parties to it. True, the plaintiffs
claim they once enjoyed an attorney-client relationship with a former bankruptcy
trustee. True, they no

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
I
A
Established in 1938, Olympic National Park (“Olympic”
or the

St. Louis, MO - Eighth Circuit affirms District Court summary judgment in favor of Missouri Highway Patrol


Mark and Gail Robbins, the owners and operators of I-44 Truck Center and
Wrecker Service, LLC and I-44 Wrecker Service, LLC (collectively, the Robbinses),
appeal the district court’s adverse grant of summary 1 judgment to fourteen individual
officers and supervisors

New York, NY - Second Circuit Court of Appeals blocks South Africans from suing Ford and IBM

This appeal presents the question of whether plaintiffs,
victims of South African apartheid, have plausibly alleged relevant
conduct committed within the United States that is sufficient to
rebut the Alien Tort Statute’s presumption against extraterritoriality.
We hold that they ha

The operative facts are not in dispute. On March 27, 2012, 16 year old
Plaintiff Stephanie Buckley (“Plaintiff”) was struck on Westville Road by a motor
vehicle operated by Norman Anderson (“Anderson”). At the time Plaintiff was struck
by Anderson’s vehicle, she was crossing the street to board a Bumble Bee
Transportation bus insured by the Defendant, State Farm Mutual Automobil

Sott is a general contractor based in Billings, Montana, and the sole owner of
Krude Kustoms, LLC, a metal fabricating and trucking firm. In 2001, Hein hired Sott to
construct a log homefor him. Sott completed the homethat same year.
¶4 Each winter following construction of the home, Hein noticed water damage
appearing in different areas of the home’s tongue and groove ceili

After a car accident, David Behlmann sued his insurer, Century Surety Co., for
underinsured motorist benefits. The jury found for Century. Behlmann requested a
new trial, challenging the evidence on the value of his medical treatment and the
strike of the only African-American venireperson. The district court1 denied a new
trial. Behlmann appeals. Having jurisdiction under 28 U.S.C

One afternoon, plaintiff Louis Dana Gradisher consumed multiple
alcoholic drinks, then made several erratic phone calls to 911 complaining about someone with a
gun. When officers from the City of Akron Police Department arrived at his residence and
Gradisher locked his door and retreated upon seeing them, they feared that someone inside might
>
No. 14-3973 Gradisher v. City of

27 Appeal from the United States District Court for the Southern District of
28 New York (George B. Daniels, J.) dismissing Plaintiff‐Appellant Rory Dolan’s
29 complaint for failure to state a claim. Dolan alleged that defendants retaliated
30 against him for his actions as a member of the prison Inmate Liaison Committee
31 (“ILC”), in violation of 42 U.S.C. §§ 1983 and 1985(

Although this appeal originally arose from two summary judgments, one in favor of the appellees Bipin Patel and Mahadev, LLC and the other in favor of First National Bank, N.A., we previously dismissed the appeal of the summary judgment in favor of First National Bank, N.A.1 See Peacock Hospitality, Inc. v. Patel, No. 04-13-00278-CV, 2014 WL 7340520 (Tex. App.—San Antonio Dec. 23, 2014, no pet.).

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
2
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6

We draw the following facts, which we assume “to be true for purposes of 13  
our de novo review of the district court’s grant of defendants’ motion to dismiss,” 14  
from the plaintiff’s complaint. See Ricci v. Teamsters Union Local 456, 781 F.3d 25, 15  
26 (2d Cir. 2015). 16  
Dolan served as an ILC representative at Fishkill for two terms. On the ILC 17  
Dolan advocated “f

The question presented is whether money owed as a result of
theft of unmetered natural gas qualifies as a “debt” for purposes of
the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p
(“FDCPA”).
3
We hold that money owed as a result of theft is not an
“obligation or alleged obligation of a consumer to pay money arising
out of a transaction” and, therefore, does

Tamco Pork II, LLC, and Farm Bureau Mutual Insurance Company, as
subrogee, (collectively, hereinafter “Tamco”) pursue this appeal following an
adverse jury verdict in their action for negligence against Heartland Co-op and
Pro Build LLC. Tamco’s claim against the defendants arises out of a fire
occurring at Tamco’s newly renovated hog-production facility. On appeal, Tamco

On November 26, 2009, Meyer was the front passenger in a vehicle driven by her
friend Brandon Coleman. Another person, Levi Calhoun, was in the back seat. While
driving to a nearby drugstore, Meyer told Coleman to turn onto Skyview Drive as a
shortcut. Skyview Drive is a residential street with a 25 mile-per-hour speed limit.
Meyer had been on Skyview Drive many times befor

1. J.J. is placed in Marshall's Care
J.J. was born on November 22, 2003. Within days of his birth, the trial court
declared J.J. a dependent of the court and the Agency placed him with Marshall.
In June 2004, Marshall informed the Agency that she wanted to adopt J.J.
Throughout his placement with Marshall, respondent Noreen Harmelink, the
primary social worker assigned

Although Arizona’s Workers’ Compensation Act does not mandate the payment of interest on benefits not timely paid, this Court has held that the general interest statute, A.R.S. § 44-1201, applies to workers’ compensation awards. Today we hold that death benefits under A.R.S. § 23-1046 are liquidated, and interest on them accrues from the time a carrier receives notice that a survivor has

Appellant Fairbanks Contracting and Remodeling, Inc., the defendant below, appeals a non-final order denying its motion to dismiss or transfer for improper venue. Appellant seeks to enforce a forum selection clause in a contract with the Appellees (plaintiffs below), Anthony and Mary Hopcroft. We agree that the clause is enforceable. Although Appellees’ complaint raises only a statutory claim of a

This is an appeal from a $22,000 attorney’s fee judgment in favor of the prevailing parties in a securities arbitration case. Counsel for the prevailing parties sought fees in the neighborhood of $300,000. The prevailing parties have appealed, arguing, among other things, that the findings in the judgment are inadequate. We agree and thus reverse the fee judgment, for this reason and for others, a

In this Engle1 progeny case, plaintiff Beatrice Skolnick recovered compensatory damages from two tobacco companies—Philip Morris USA Inc. and R.J. Reynolds Tobacco Company. The jury found for the defendants on claims of fraudulent concealment and conspiracy to commit fraudulent concealment.
1Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006).
- 2 -
We confront a novel issue in a