The Hanlons served in the role of general contractor in the construction of their new home (the Residence) in Austin. They entered into a contract with River City to install the Residence’s drywall and to apply decorative texture to the drywall. They hired another contractor, Nicolas Guerrero, to paint the interior walls after River City finished its drywall and texture work. At some point after... More...   $0 (09-01-2018 - TX)

Plaintiff William Jae Kim (Kim) was severely injured after he lost control
of his Toyota Tundra pickup truck and drove off an embankment. Together with
his wife, Kim brought this strict products liability suit against defendant Toyota
Motor Corporation and related entities (collectively, “Toyota”), claiming that the
pickup truck was defective because its standard configuration did ... More...   $0 (08-31-2018 - CA)

On October 1, 1983, Helen Morrison conveyed to Ralph Stalcup an 80-acre tract of real property located in Stafford County. This property was subject to a 1967 oil and gas lease (the Morrison Lease) entitling the lessor to a one-eighth royalty. The original lessor had drilled an oil well on the property in 1970. In the general warranty deed conveying the property, Morrison reserved mineral rights t... More...   $0 (08-30-2018 - KS)

Plaintiff Branches Neighborhood Corporation (Branches or the
association), a community association incorporated pursuant to the Davis-Stirling
Common Interest Development Act (Civ. Code, § 4000, et seq.)(the Act), filed an
arbitration claim against the association’s developer, defendant CalAtlantic Group, Inc.,
formerly known as Standard Pacific Corp. (Standard), for construction d... More...   $0 (08-27-2018 - CA)

Plaintiff Branches Neighborhood Corporation (Branches or the
association), a community association incorporated pursuant to the Davis-Stirling
Common Interest Development Act (Civ. Code, § 4000, et seq.) (the Act), filed an
arbitration claim against the association’s developer, defendant CalAtlantic Group, Inc.,
formerly known as Standard Pacific Corp. (Standard), for construction ... More...   $0 (08-25-2018 - CA)

Because the issues in this appeal arise from a defendant’s removal of a case filed in state court to federal court, we begin with the relevant background principles for such a removal. Under 28 U.S.C. § 1441(a), a defendant may remove certain actions filed in state court to a district court so long as a federal court has jurisdiction over the action, and certain procedural requirements are met. T... More...   $0 (08-17-2018 - CA)

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...   $0 (08-15-2018 - )

After plaintiff Malcolm Kelso rested his case, opposing counsel moved for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. The district court granted the motion. Kelso requests that we reverse and remand, contending that the motion did not “specify . . . the law and facts that entitle[d] the movant to the judgment.”1 We affirm the district court’s judgment.
Case: 15-... More...   $0 (08-14-2018 - LA)

Pavco Trucking Company, Inc. (“Pavco”), operated a trucking company in
Clarksville, Indiana. Pavco employed the McCutcheons to haul freight by
truck. Pavco terminated the McCutcheons’ employment on February 14, 2014.
[3] On March 1, 2014, Titan and Pavco executed the Purchase Agreement which
enumerated a number of Pavco’s assets that would be transferred to Titan in
exch... More...   $0 (08-12-2018 - IN)

Michael Colaco, and April Barry appeal from the judgment entered against them in this action
arising from Inet’s sale of its assets to respondents Cavotec SA and Cavotec Inet US, Inc.
(collectively Cavotec). Colaco was Inet’s sole shareholder and its chief executive officer
and Barry was Inet’s director of administration. After the transaction, Colaco became
Cavotec Inet US, Inc.’s... More...   $0 (08-11-2018 - CA)

Bribiesca first moved to Aspen Park Apartments (Aspen) on June 10, 2015. The apartments are located in Wichita and are owned by Case. On January 8, 2016, Bribiesca moved from her first apartment, unit 1812, to another, 1908, in the same complex. Bribiesca testified she was not offered an opportunity to see 1908 before moving in, and it is not clear whether she asked to view the apartment before th... More...   $0 (08-09-2018 - KS)

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...   $0 (07-21-2018 - CA)

In his telling, plaintiff Nicholas Knopick bought a $415,000 jalopy, but to be more precise, a limited liability company he controls bought the $415,000 jalopy. This factual shift determines the outcome of this case. Knopick has sued the manufacturer under the vehicle’s express limited warranty. That warranty does not cover the ve-hicle because the warranty excludes from coverage all vehi-cles pur... More...   $0 (07-17-2018 - IN)

In the underlying action for disability discrimination,
appellant Tamara Baskin alleged that respondent Hughes
Realty, Inc. (Hughes) violated the California Disabled
Persons Act (DPA) (Civ. Code, §§ 54-55.3.) by providing no
designated and accessible path of travel for persons with
disabilities within the parking lot of a grocery store.1
Sppecifically, she alleged that unde... More...   $0 (07-13-2018 - CA)

Becker Property Services LLC ("Becker") and Cintas Corporation No. 2 ("Cintas") executed a contract containing indemnification and choice-of-law provisions. A dispute arose over whether the contract entitles Cintas to indemnification for damages caused by its own negligence. To answer that question, we must also resolve a threshold dispute: As between Wisconsin and Ohio, which law provid... More...   $0 (07-04-2018 - WI)

Latasha Johnson appeals a judgment entered in favor of Kohner Properties, Inc., in a rent-and-possession action. She argues the circuit court erroneously barred her from asserting the implied warranty of habitability as an affirmative defense and counterclaim because she remained in possession of the premises without depositing her unpaid rent to the circuit court in custodia legis, which is “trad... More...   $0 (07-03-2018 - MO)

The novel federal question in this appeal is whether lists
of names with addresses are copyrightable when they are the
product of a sophisticated process to ensure accuracy and
utility. In other words, whether such lists are more like a
telephone book, that the Supreme Court has held lacks any
creative spark, or more like Joyce’s Ulysses that changed the
course of 20th cent... More...   $0 (06-28-2018 - AZ)

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...   $0 (06-21-2018 - ME)

In bankruptcy litigation, the mishmash of multiple parties and multiple claims can render things labyrinthine, to say the least. To dissuade umpteen appeals raising umpteen issues, courts impose a stringent-yet-prudent standing requirement: Only those directly, adversely, and financially impacted by a bankruptcy order may appeal it.
This appeal is from a bankruptcy court order approving a trus... More...   $0 (06-20-2018 - TX)

James Zenovic doing business as James Zenovic Construction (Zenovic) appeals
an order denying his petition to compel arbitration in an action filed by Von Becelaere
Ventures, LLC (VBV) in San Diego County. The trial court determined Zenovic waived
his right to compel arbitration by filing a separate complaint in Orange County to
2
foreclose on a mechanics lien without complyin... More...   $0 (06-07-2018 - CA)

Charlise Williams was charged in a
five‐count indictment for bankruptcy fraud. After a weeklong
jury trial, she was found guilty on all counts and sentenced
to a below‐Guidelines prison term of 46 months. On
appeal, Williams argues that the district court erred by: (1) restricting
her ability to cross‐examine witnesses in violation of
the Confrontation Cla... More...   $0 (06-06-2018 - IL)

Hoof and Garrido were involved in a romantic relationship and lived together with M.I. and several other family members in Rapid City. After Hoof’s personal vehicle became inoperable, she decided to purchase another one. On February 10, 2014, Hoof and Garrido went to TAS to search for a vehicle. [¶3.] TAS showed Hoof and Garrido a 1991 Honda Accord it had for sale. The vehicle had over 180,000... More...   $0 (05-27-2018 - SD)

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...   $0 (05-19-2018 - CA)

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...   $0 (05-11-2018 - WV)

After Jerald Glaviano interceded in a confrontation between two of his students,
the Sacramento City Unified School District (the District) placed him on unpaid leave
and issued an accusation and a notice of intent to dismiss or suspend him without pay.
Following a hearing, the Commission on Professional Competence (Commission)
dismissed the accusation and ordered the District to r... More...   $0 (04-27-2018 - CA)