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Berry & Murphy, P.C. v. Carolina Casualty Insurance Company
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Plaintiffs-Appellants Berry & Murphy, P.C. and Timothy H. Berry, P.C. (“plaintiffs”) appeal the district court’s grant of summary judgment to Defendant- Appellee Carolina Casualty Insurance Company (“Carolina Casualty”) on plaintiffs’ claim for insurance coverage for a malpractice lawsuit. Plaintiffs filed their action in state court and Carolina Casualty removed the case to federal co... More... $0 (11-20-2009 - CO)
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Robert Davis v. Ford Motor Credit Company
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Plaintiff and appellant Robert Davis (Davis) appeals a judgment of dismissal following the sustaining without leave to amend of a demurrer interposed by defendant and appellant Ford Motor Credit Company LLC (Ford) to Davis‟s original complaint.
Ford also appeals, seeking review of a postjudgment order denying its motion for attorney fees.
This litigation relates to Ford‟s bil... More... $0 (11-19-2009 - CA)
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Deana Dowell, et al. v. Biosense Webster, Inc.
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Plaintiffs and Appellants St. Jude Medical S.C., Inc. (SC) and Pacesetter, Inc. (Pacesetter) (collectively, St. Jude), along with employees Deana Dowell, Steven Chapman and Claudio Plaza, sued Defendant and Cross-appellant Biosense Webster, Inc. (Biosense) to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, including agreements it had wit... More... $0 (11-19-2009 - CA)
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Martin Kelley v. CB&I Constructors, Inc.
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A jury found that defendant CB&I Constructors, Inc. (defendant) negligently sparked a brush fire that caused significant damage to a ranch (the property) owned by plaintiff Martin Kelly (plaintiff). Because plaintiff had a personal reason to restore the property, the jury awarded plaintiff substantially more in damages to restore the property than the property was worth immediately before the fire... More... $0 (11-19-2009 - CA)
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David Hoffman v. Smithwoods RV Park, L.L.C.
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This appeal follows a judgment of dismissal, entered after the trial court sustained the defendant‟s demurrer without leave to amend. At issue is whether the defendant engaged in actionable conduct when it refused to permit the installation of a new mobile home in its mobile home park, to replace an older one that the plaintiff had inherited. As alleged in the complaint, the defendant‟s refusa... More... $0 (11-19-2009 - C)
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Cell Therapeutics, Inc. v. Lash Group, Inc.; Documedics Acquisition Co., Inc.
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The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More... $0 (11-19-2009 - WA)
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Robert Prehall v. Paul F. Weigel and Donald Whitaker
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The parties organized a limited liability company (LLC), ORS 63.001(17), for the purpose of developing a residential subdivision. Plaintiff later brought this action against defendants for damages for breach of contract, breach of fiduciary duty, fraud, and an accounting. His claims arise out of defendants' alleged wrongful conduct in carrying out the terms of the operating agreements that gover... More... $0 (11-18-2009 - OR)
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Marvin W. Couch, II, M.D. v. Board of Trustees of the Memorial Hospital of Carbon County, et al.
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Dr. Marvin Wayne Couch appeals from summary judgment entered in favor
of defendants, Memorial Hospital of Carbon County (“MHCC”), a small rural
hospital where he has staff privileges, the hospital’s chief administrator, and six
of the ten other physicians who have privileges at MHCC. Dr. Couch brought this
action, pursuant to 42 U.S.C. § 1983, to remedy an alleged deprivatio... More... $0 (11-17-2009 - WY)
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Reggie White v. National Football League
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Since the entry of a 1993 consent decree, the district court1 has overseen the enforcement of a settlement in an antitrust class action brought by the above-named class members against the National Football League and its member clubs (NFL or League). Throughout that time, the district court has resolved numerous disputes over the terms of the Stipulation and Settlement Agreement (settlement agree... More... $0 (11-16-2009 - )
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Howard Weiner v. Burr, Pease & Kurtz, P.C.
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This appeal involves a dispute over the modification of a law firm’s contingent-fee agreement. The main questions presented are whether the modified contingent-fee agreement is valid and whether the court erred in construing the disputed phrase — “further substantial litigation” — to mean more than just in-court proceedings and filings. Because the modified fee agreement is valid and the... More... $0 (11-13-2009 - AK)
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Academic Imaging, LLC v. Soterion Corp.
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Academic Imaging, LLC, and Newark Health Imaging, LLC (“NHI”), filed suit against Soterion Corp., Soteria Imaging Services, Inc., and other parties, in connection with Academic’s purchase of Soterion’s interest in NHI, which Academic and Soterion owned jointly. Academic and NHI brought a number of causes of action in tort and contract, including conversion, violation of Ohio Rev. Code § 1... More... $0 (11-13-2009 - OH)
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Beulah Addison v. Lochearn Nursing Home, LLC d/b/a FutureCare Lochearn
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In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More... $0 (11-13-2009 - MD)
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TexVa, Inc. and R. Bradley Bierman v. Boone, James and Cindy Hayes
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TexVa, Inc. (“TexVa”) and R. Bradley Bierman (“Bierman”) appeal the trial court's order granting the special appearances of Cindy Hayes (“Hayes”) and James Boone (“Boone”), both residents of California. Appellants contend that the trial court erred in sustaining the special appearances of Boone and Hayes. For the reasons set forth below, we conclude that Hayes' and Boone's contact... More... $0 (11-13-2009 - TX)
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Thomas V. Miller v. City of Van Alstyne
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This appeal by pro se plaintiff, Thomas V. Miller d/b/a: Miller House Movers (“Miller”), alleges “embezzlement,” “fraudulent acts” and failure of the City of Van Alstyne (the “City”) to investigate the “fraud with this Texas Star Bank.” The trial court dismissed the City by order entered July 28, 2008. The City filed a special appearance and moved to dismiss this appeal. We af... More... $0 (11-13-2009 - TX)
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Stacey Ledbetter v. Fannie Mae Federal National Mortgage Association
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In this forcible detainer case, Stacey Ledbetter appeals the trial court's judgment in favor of Fannie Mae, also known as the Federal National Mortgage Association. In one issue, Ledbetter asserts the trial court erred by granting possession of the premises to Fannie Mae because Fannie Mae's petition did not comply with Texas Rule of Civil Procedure 741. Specifically, Ledbetter argues Fannie Mae's... More... $0 (11-13-2009 - TX)
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Netrana, L.L.C. v. TXU Business Services Company
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In five issues, which can be properly construed as two, appellant, Netrana, L.L.C. ("Netrana"), challenges a summary judgment granted in favor of appellee, TXU Business Services Company ("TXU"). We affirm.
I. Background
On June 2, 2006, Netrana, a consulting firm, contracted with TXU to provide project management services. The agreement provided the following:
ARTICLE 6: TERM... More... $0 (11-12-2009 - TX)
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JCM American Corporation v. MEI, Inc.
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A U.S. District Court judge has upheld a Las Vegas jury's January 2009 verdict that validated JCM Global's claim of patent infringement by MEI's CashFlow® SC Series. In his ruling, the judge awarded JCM $845,000 in interest on the $11.4 million jury award, issued a permanent injunction against MEI and denied all four post-trial motions put forward by MEI.
The subject of JCM's infringement ... More... $11400000 (11-12-2009 - NV)
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Dianne Bond v. Edwin Utreras
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Diane Bond sued the City of Chicago and several members of its police department, claiming that the officers violated her constitutional rights while performing official duties. During discovery, the City turned over voluminous material relating to citizen complaints against its police officers; the information was subject to a protective order that prohibited public disclosure of these confidenti... More... $0 (11-10-2009 - IL)
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Thomas R. Wetzler v. Illinois CPA Society & Foundation Retirement Income Plan
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After working twenty-two years, Plaintiff Thomas Wetzler (“Wetzler”) wanted a lump-sum disbursement of his entire retirement benefits from Illinois CPA Society & Foundation Retirement Income Plan (the “Plan”). At the time of his request, there were not enough assets in the Plan to cover his lump-sum payment. His request would have put the small plan in the hole and in violation of the Inte... More... $0 (11-10-2009 - IL)
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Gregory Ralph Wilhoit v. The State of Oklahoma
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¶1 The issue presented on certiorari review is whether a governmental tort claim for "wrongful conviction" under 51 O.S. Supp. 2003 §§ 154(B) and 156(H) can be pursued without a prior determination of "actual innocence" as provided in § 154(B). For the reasons that follow, we hold that certain claims for wrongful conviction can be pursued without a prior determination of "actual innocence."More... $0 (11-10-2009 - OK)
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Tammy King v. Barbara Johnson
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Plaintiff Tammy King appeals from a judgment entered in favor of defendant Barbara Johnston. Tammy,1 a beneficiary of the Arthur L. Gilbert Testamentary Trust, sued Barbara in a civil action, alleging that Barbara had unduly influenced the trustee, Lenora Gilbert, to breach the trust.2 According to Tammy, Barbara induced Lenora to transfer a piece of trust property to herself, without consideratio... More... $0 (11-09-2009 - CA)
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George Louie v. BFS Retail and Commercial Operations, L.L.C.
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Plaintiff George Louie seeks damages against defendant BFS Retail and Commercial Operations, LLC (BFRC) for alleged violation of California‟s Disabled Persons Act (Civ. Code, § 54 et seq.1 (DPA)), because the countertops in BFRC‟s business establishments were allegedly too high to allow wheelchair access. The trial court entered judgment of dismissal upon BFRC‟s demurrer, concluding res jud... More... $0 (11-09-2009 - CA)
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Jan Lubin v. Farmers Group, Inc.
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The issue in this interlocutory appeal is whether the class action filed by the attorney general in this case was properly certified. Under former article 21.21, section 17 of the insurance code, the Department of Insurance (the "Department") may ask the attorney general to institute a class-action lawsuit to recover from an insurer damages for injuries done to the insurance-buying public. See for... More... $0 (11-09-2009 - )
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Joshua Kent Collings v. Alan Lords
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[¶1] Alan Lords hired Joshua Collings to assist him in restoring an older home. Collings was injured while using Lords’ table saw. Collings filed a complaint, alleging negligence on the part of Lords. The district court granted summary judgment for Lords, and we affirm.
ISSUE
[¶2] Collings states the single issue as follows:
Did the District Court err in granting summary j... More... $0 (11-06-2009 - WY)
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Roy L. Evans, et al. v. Lasco Bathware, Inc., et al.
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Plaintiffs Roy Evans and Arthea LaFrades (together plaintiffs) each owned homes in which shower pans manufactured by defendant Lasco Bathware, Inc. (Lasco) were installed. Plaintiffs' action against Lasco alleged the shower pans suffered from design defects that resulted in water leakage, and the leakage caused damage to adjacent building components. Plaintiffs' fourth amended complaint (FAC), sty... More... $0 (11-06-2009 - CA)
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