City of Kansas City v. Unknown and Unrepresented Personal and Olin Miller

The City of Kansas City, Missouri (“Cityâ€�) petitioned the Circuit Court of Platte County, Missouri (“trial courtâ€�) to allow it to disinter and reinter human remains, pursuant to section 214.208.3 RSMo 2000, from four private cemeteries allegedly owned by City and located on the grounds of Kansas City International Airport (“KCIâ€�). The trial court denied the petition, for the stated rea... More...   $0 (11-10-2009 - MO)

Plaintiff walked into a bar. He was injured when the stool he sat on collapsed beneath him and he sued defendant, the bar owner and operator, for the injuries that he incurred. A jury awarded plaintiff $37,600 in economic damages, approximately the amount that plaintiff's medical providers had billed him for their services. Plaintiff was over 65 years old and, pursuant to the federal Social Sec... More...   $0 (10-15-2009 - OR)

This case presents the narrow issue of whether any claim that may be asserted against a labor and material payment bond required by General Statutes (Rev. to 1995) § 49-411 must be asserted within the time limit provided in General Statutes (Rev. to 1995) § 49-42 (b).2 The plaintiff, Paradigm Contract Management Company, brought this action against the defendant, St. Paul Fire and Marine Insuran... More...   $0 (10-13-2009 - CT)

¶1 Plaintiffs (“the Farmersâ€�) appeal the trial court’s denial of their motions for judgment as a matter of law (“JMOLâ€�) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County (“the Districtâ€�). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the F... More...   $0 (10-08-2009 - AZ)

This suit was brought by former clients, Bob Chambers and 182 others (“appellantsâ€�), against John O’Quinn, John M. O’Quinn, P.C., and John M. O’Quinn D/B/A O’Quinn & Laminack (“appelleesâ€�), for legal malpractice. Appellants appeal from the trial court’s orders dismissing their suit for want of prosecution and overruling their motion for reinstatement and new trial. In t... More...   $0 (10-02-2009 - TX)

This is a summary judgment case that arises under the notice provision of the Medical Liability and Improvement Act, Tex. Civ. Prac. & Rem. Code § 74.051 (Vernon 2005) (MLIA). Appellant, Litzi Nicholson, brings this appeal to challenge a traditional summary judgment rendered in favor of appellee, Mary Shinn, M.D. on Nicholson's medical malpractice claim. In two issues, Nicholson contends that (1... More...   $0 (10-01-2009 - TX)

Defendants and appellants Darrell Kruse (Kruse) and Claremont All Natural Nutrition Aids Buyers Information Service (also known as CANNABIS)1 appeal from the judgment entered in favor of plaintiff and respondent City of Claremont (the City) after the trial court issued a permanent injunction preventing defendants from operating a medical marijuana dispensary anywhere within the City. We affirm the... More...   $0 (09-22-2009 - )

Plaintiffs are 32 individuals who have all lived or worked in the West College Avenue neighborhood of Santa Rosa. In 2000, plaintiffs learned that the private water wells they used for drinking water had been contaminated with trichlorethylene (TCE) and perchlorethylene (PCE). They eventually retained the law firm of Gonzalez & Robinson to investigate the cause of the contamination and pursue comp... More...   $0 (09-19-2009 - CA)

In these consolidated appeals, St. Vincent’s Medical Center, Inc., William H. Long, M.D., and North Florida Obstetrics and Gynecology, P.A., challenge a final order of the Division of Administrative Hearings (DOAH) in which the administrative law judge (ALJ) held that the child of Robert and Tammy Bennett, appellees, did not qualify for coverage by the Florida Birth-Related Neurological Injury C... More...   $0 (08-21-2009 - FL)

Appellant Aslam Virani brings this interlocutory appeal challenging the trial court=s order denying his plea in abatement and motion to compel arbitration in his breach of contract suit against appellee Pat Cunningham. We affirm.



I. BACKGROUND

The Marina Del Sol Subdivision Homeowners Association (Athe Association@) sued Virani in 2003 for alleged deed restriction vi... More...   $0 (08-20-2009 - TX)

Plaintiffs George Drummond, Rebecca Drummond, and Jesse Marion brought this action against their former attorney, Michael Desmarais, and others, alleging that Desmarais maliciously prosecuted two previous suits against plaintiffs, one seeking to recover fees claimed under a contract to provide legal services to plaintiffs in connection with the estate of their deceased father, and the other allegi... More...   $0 (08-07-2009 - CA)

Plaintiffs George Drummond, Rebecca Drummond, and Jesse Marion brought this action against their former attorney, Michael Desmarais, and others, alleging that Desmarais maliciously prosecuted two previous suits against plaintiffs, one seeking to recover fees claimed under a contract to provide legal services to plaintiffs in connection with the estate of their deceased father, and the other allegi... More...   $0 (08-05-2009 - CA)

After the Lower Yukon School District leased twenty acres from Askinuk Corporation on which to build a school in Scammon Bay, Askinuk sued the school district to reform or invalidate the lease. The lease specified a lease rate of one dollar per year, subject to renegotiation after ten years. It also provided that if the parties could not reach mutual agreement upon renegotiation, the original paym... More...   $0 (07-31-2009 - AK)

In 2005, appellant City of West St. Paul entered into an abatement plan with respondent Alice Krengel following multiple incidents of public nuisance activity at her home. Although there was no further nuisance activity, Krengel did violate the abatement plan. Based on the abatement plan violations and the prior nuisance activity, the City sought an injunction in 2006 that would bar Krengel from o... More...   $0 (07-16-2009 - MN)

M.M. Silta, Inc. (Silta)1 brought this breach of contract action against Cliffs Erie, L.L.C. (Cliffs), alleging that Cliffs failed to perform its obligations under two agreements stemming from reclamation of a Minnesota taconite mine.2 A jury returned a verdict for Silta on one of its contract claims, and Cliffs appeals, arguing that the district court3 submitted an erroneous jury instruction, tha... More...   $0 (07-16-2009 - MN)

[¶1.] Gaylen Klutman suffered a knee injury during a promotional event for the Sioux Falls Storm, an indoor football team. He alleged that his injury was caused by negligently installed, inspected and maintained synthetic turf. A jury awarded $500,000 in damages and the Storm appeals. We affirm.

Facts and Procedural History

[¶2.] On February 25, 2002, the Storm hosted a promoti... More...   $0 (07-08-2009 - SD)

Rachel Hall appeals the trial court’s grant of partial summary judgment in favor of the ContiGroup Companies, Inc., et al., on certain of her nuisance claims. Everett and Cindy Peters, co-plaintiffs with Rachel Hall, also contest two of the trial court’s evidentiary rulings in the jury trial of their nuisance claims. The ContiGroup Companies have filed a cross-appeal that is contingent on any ... More...   $0 (07-07-2009 - MO)

A police officer who has been suspended from duty has a right to appeal that action to either a civil service commission or to an independent, third-party hearing examiner. If the officer appeals to a hearing examiner, his ability to seek further review in a district court is severely limited. The suspended police officer in this case elected to appeal to a hearing examiner, but the City failed to... More...   $0 (06-19-2009 - TX)

Appellant, Lake Forest Master Community Association, Inc. ["Association"], seeks review of a summary final judgment in its lawsuit against the developer1 of its subdivision, based on alleged construction defects in improvements located in Association's common areas.2 The summary judgment was predicated on Association's purported failure to give proper notice, according to Florida law,3 and Associa... More...   $0 (06-10-2009 - FL)

McCourt Manufacturing Corporation (the Corporation) appeals a judgment entered on a jury verdict in favor of Dave Rycroft, a former employee. The judgment awarded Rycroft $12,498.15 in unpaid commissions and a statutory penalty. The Corporation asserts that the jury verdict is not supported by substantial evidence and that the circuit court erred in submitting to the jury the question of whether a... More...   $0 (06-04-2009 - AR)

Respondent Almena Township appeals by leave granted the circuit court’s June 14, 2007 order which (1) reversed Almena Township Zoning Board of Appeals’ (ZBA) decision to uphold Almena Township Board of Trustees’ (township board) denial of petitioners Allan and Sally Hughes’ preliminary site plan for a planned unit development (PUD), (2) reversed the township board’s decision to deny peti... More...   $0 (05-26-2009 - MI)

Appellant, the Center for Self-Improvement and Community Development (Center), sued respondent developers1 on allegations of generating asbestos dust during their construction activities in the Bayview Hunters Point community. Although it complied with all the prerequisites for bringing a citizen suit to enforce Proposition 65,2 at the time of giving the mandatory 60-day notice and thereafter fili... More...   $0 (05-21-2009 - CA)

Seymour G. Perkins appeals the trial court's order affirming an order of the Dangerous Structure Determination Board of the City of San Antonio (the "Board"). Perkins presents nine issues on appeal; however, several of these issues are duplicative. The primary complaints raised by Perkins are: (1) the trial court deprived him of his right to present evidence at the hearing conducted by the trial c... More...   $0 (05-20-2009 - TX)

By enacting the Protection of Lawful Commerce in Arms Act (“PLCAAâ€� or “Actâ€�), 15 U.S.C. §§ 7901-7903, Pub. L. No. 109-92, 119 Stat. 2095 (2005), Congress has protected federally licensed manufacturers and sellers of firearms from most civil liability for injuries independently and intentionally inflicted by criminals who use their non-defective products. Under the terms of the PLCAA, the... More...   $0 (05-12-2009 - CA)

Defendant Lincare, Inc. (Lincare), provides respiratory services and medical equipment setup to patients in their homes. Plaintiffs Jose Gomez, Daniel Gutierrez, and Donny Talbot (collectively, plaintiffs) were service representatives for Lincare. Their job duties included driving vans containing liquid oxygen and compressed oxygen, which are defined by the federal government as hazardous material... More...   $0 (04-28-2009 - ca)