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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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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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Arthur C. Wagner, Jr. v. Live Nation Motor Sports
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In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.1 (“SFX”), appeals the district court’s denial of its post-trial motion for judgment as a matter of law (“JMOL”). SFX argues that a reasonable jury could not have found SFX liable for wanton conduct based on its staging of an August 2003 motorcycle race in which Arthur Wagner, Jr. (“Wagner”), crashed and was se... More... $0 (11-13-2009 - KS)
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Badwey Oil, Inc. v. Conocophillips Petroleum Company
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Badwey Oil, Inc. (Badwey), appeals from the district court’s entry of summary judgment in favor of ConocoPhillips Petroleum Co. (Conoco) on the ground that Badwey’s breach of contract claims were barred by a statute of limitations. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
Background
Since 1960, the parties have had a business relationship, initially through the... More... $0 (11-04-2009 - KS)
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Charles Crihfield v. Steven Brown and the Home Show, L.L.C.
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This case is before the Court upon the appeal of an Order denying the Appellant's, Charles Crihfield's, Renewed Motion for Summary Judgment entered by the Circuit Court of Kanawha County, West Virginia, on April 15, 2008. In the Order, the circuit court directed that the parties “within thirty (30) days of entry of this Order, mutually agree on an arbitrator to hear the dispute in question[,]”... More... $0 (11-04-2009 - WV)
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Litton Industries, Inc. v. IMO Industries, Inc., et al.
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The principal issue in this appeal is the award and computation of attorneys' fees arising out of a breach of contract action. Plaintiffs sought $9 million in damages for the alleged breach of two provisions in the contract and for fraud. The jury found that defendants breached one provision of the contract, rejected plaintiffs' other claims, and awarded plaintiffs $2.3 million in damages. The tri... More... $0 (11-02-2009 - NJ)
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Vartika Dubney v. Public Storage, Inc.
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Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively “Metropublic” or “defendant”) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer ... More... $0 (10-31-2009 - IL)
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Stormans, Inc. v. Mary Selecky, Secretary of the Washington State Department of Health, et al.
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We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More... $0 (10-30-2009 - WA)
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Stephen R. Chappell v. Kuhlman Electric Corporation
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This is a consolidated appeal from a decision of the Court of Appeals in an attorney/ malpractice action and an insurance company/ bad faith action arising out of a workers compensation case. Both the successful litigant at the trial and appellate level, the Landrum 8, Shouse law firm, and the unsuccessful litigant, Kuhlman Electric Corporation, petitioned this Court for discretionary review. The ... More... $0 (10-29-2009 - KY)
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Gebhardt & Smith, L.L.P. v. Maryland Port Administration
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This appeal arises from a dispute between Gebhardt & Smith LLP (“Gebhardt & Smith”), appellant, and the Maryland Port Administration (“MPA”), appellee, over a lease (“Lease”) for office space in the Baltimore World Trade Center (“WTC”). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the building’s operati... More... $0 (10-29-2009 - MD)
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Sonoran Scanners, Inc. v. Perkinelmer, Inc.
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Plaintiffs Joseph P. Donahue (“Donahue”) and Sonoran Scanners, Inc. (“Sonoran”) appeal from an order of the United States District Court for the District of Massachusetts granting summary judgment to defendant PerkinElmer, Inc. (“PerkinElmer”) on claims for breach of contract and violation of Massachusetts General Laws Chapter 93A, Mass. Gen. Laws ch. 93A § 11. These claims arise fro... More... $0 (10-29-2009 - MA)
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Beta Upsilon Chi Upsilon Chapter at the University of Florida v. J. Bernard Machen, in his official capacity as President of the University of Florida
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Beta Upsilon Chi a/k/a Brothers Under Christ (“BYX”) is a Christian fraternity. In 2007, the University 1 of Florida (“UF” or “University”) denied BYX official recognition because of its refusal to adhere to UF’s nondiscrimination policy. BYX thereafter brought this action for declaratory and injunctive relief against the University2 claiming that UF, by requiring it to comply with t... More... $0 (10-27-2009 - FL)
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Pamela L. Myers v. State of Washington, Department of Social & Health Services
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This appeal follows the summary dismissal of an action for
wrongful termination of a contract for an in-home caregiver by the Department of Social
and Health Services (DSHS). DSHS terminated the contract after an investigator
concluded that the caregiver was guilty of neglect. Later appeals tribunals reversed the
finding of neglect. But the contract also a... More... $0 (10-23-2009 - WA)
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Gene Richard Hughes v. Western Carolina Regional Sewer Authority
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In this tort action, Western Carolina Regional Sewer Authority (WCRSA) appeals (1) the trial court's denial of motions for directed verdict and judgment notwithstanding the verdict, based on an alleged lack of proximate cause; (2) the trial court's instruction to the jury; and (3) the trial court's denial of a motion to set-off the verdict by the amount the plaintiff received in settling with a n... More... $0 (10-22-2009 - SC)
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Christianne Vreeken v. Lockwood Engineering, B.V., et al.
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This action involves a dispute over the parties‟ respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file ... More... $0 (10-21-2009 - ID)
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Moss Creek Homeowners Association, Inc. v. Ted L. Bissette, et al.
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Ted and Mary Bissette (the “Bissettes”) appeal from orders: (1) granting plaintiffs’ and third-party defendants’ summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys’ fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.
FACTS
Moss Creek is a single-family residential... More... $0 (10-20-2009 - NC)
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Cynthia A. Houchins and Darrell E. Houchins v. Devon Energy Production Co., L.P.
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In this appeal, we must determine whether the language of a deed is ambiguous and whether the deed reserved mineral rights to the grantor. The district court held the deed unambiguously reserved to the grantor all the minerals. Footnote We affirm.
BackgroundOn January 24, 1993, appellants Cynthia A. Houchins and Darrell E. Houchins and appellee Phillip H. Trew, Sr. signed a contract for sa... More... $0 (10-15-2009 - TX)
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Paradigm Contract Management Company v. St. Paul Fire and Marine Insurance Company
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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)
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Iftikhar Nazir v. United Airlines, Inc., et al.
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Our Supreme Court has said that the purpose of the 1992 and 1993 amendments to the California summary judgment statute was “to liberalize the granting of motions for summary judgment.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) It is no longer called a “disfavored remedy.” It has been described as having a salutary effect, ridding the system, on an expeditious and effi... More... $0 (10-09-2009 - CA)
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Warwick Towers Council of Co-Owners v. Park Warwick, L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C.
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Warwick Towers Council of Co-Owners (the ACouncil@) (SIC - The Fourteenth District publishes its reports online with letters substituted for certain characters.), acting by and through St. Paul Fire & Marine Insurance Company, appeals from a summary judgment granted in favor of Park Warwick L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C (collectively, the AHotel Appellee... More... $0 (10-08-2009 - TX)
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Ernest and Martha Anderson v. Board of County Commissioners of Teton County, Wyoming
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[¶1] Appellees/Intervenors, Robert and Gisela Baltensperger (“the Baltenspergers”), applied for and were granted the necessary permits allowing them to construct a barn/equestrian center on their property in Teton County, Wyoming. Appellants, Ernest and Martha Anderson (“the Andersons”), objected to the construction permits and appealed to the Board of County Commissioners of Teton County... More... $0 (10-08-2009 - WY)
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Russell Van Elk v. Darlene L. Urbanek
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This is a case of neighboring landowners and their real estate disputes, mainly about deed restrictions and an easement. The appeal and cross-appeal involve three of the eight counts bench-tried below. We consider the evidence in the light most favorable to the judgment, which we must affirm unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erro... More... $0 (10-06-2009 - MO)
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Robert Rakes v. Life Investors Insurance Co.
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Robert Rakes and Robert Hollander (plaintiffs), the named plaintiffs in a purported class action lawsuit against Life Investors Insurance Company of America (Life Investors), appeal from the district court’s1 order denying their motion for a continuance under Federal Rule of Civil Procedure 56(f) and granting summary
I. Background
Rakes and Hollander purchased long term care (LTC) ... More... $0 (10-04-2009 - IA)
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Alan Stein v. Paradigm Mirasol, LLC
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In a market-based economy the price of housing, like other goods, is subject to swings. There was a sharp upward swing in housing prices between late 2000 and the end of 2005, and the resulting bubble was bigger in Florida than it was in most other states. Home prices there rose eighty-two percent in absolute terms during that short period, outstripping the fifty-one percent national increase. See... More... $0 (09-30-2009 - FL)
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