| Declaratory Judgment Law |
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Jane Doe v. Medford School District 549C
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Medford School District 549C adopted a policy that prohibits its employees from possessing firearms on school district property or at school-sponsored events. Plaintiff, a school district employee who wishes to carry a handgun while teaching, initiated this declaratory judgment action challenging the lawfulness of that policy. The scope of that challenge is a narrow one: Plaintiff contends that... More... $0 (11-18-2009 - OR)
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Bridgeport Music, Inc. and Southfield Music, Inc. v. UMG Recordings, Inc. and University Music Investments, Inc.
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This copyright-infringement case is “one of several hundred filed by [Bridgeport Music, Inc., and Southfield Music, Inc.] against entities and/or individuals associated with the ‘rap’ or ‘hip-hop’ music industry,” seeking declaratory judgment, injunctive relief, and damages from some 800 defendants for copyright infringement under the federal copyright statute, 17 U.S.C. §§ 101 et se... More... $0 (11-06-2009 - TN)
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Memphis Biofuels, L.L.C. v. Chickasaw National Industries, Inc.
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Plaintiff-Appellant Memphis Biofuels, LLC appeals the dismissal of its suit against Defendant-Appellee Chickasaw Nation Industries, Inc. for lack of subject-matter jurisdiction. Because we agree with the district court that Chickasaw Nation Industries, Inc. enjoys tribal-sovereign immunity, we AFFIRM.
I. BACKGROUND
Memphis Biofuels, LLC (“MBF”) is a biodiesel refining company... More... $0 (11-06-2009 - )
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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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Merrimack Mutual Fire Insurance Company v. Jeffrey Ramsey, et al.
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In this action for a declaratory judgment, the defendant Meghan Laporta appeals from the summary judgment rendered by the trial court in favor of the plaintiff, Merrimack Mutual Fire Insurance Company.
The following facts are undisputed. On June 27, 2005, Jeffrey Ramsey visited the defendant as an invited guest in her apartment. The two were involved in a romantic relationship. Without ... More... $0 (11-03-2009 - CT)
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Nancy Kessling v. Friendswood Independent School District and Patricia Hanks
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Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a... More... $0 (11-03-2009 - TX)
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Westchester Fire Insurance Company v. Phil Mendez
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Westchester Fire Insurance Company brought a declaratory relief action against Phil Mendez, its insured policyholder under a commercial general liability insurance policy. Westchester contended that it had no obligation to defend or indemnify Mendez against a certain claim because he failed to give proper notice to the insurance company of the claim.
The injured party, Northwest Airlines,... More... $0 (10-30-2009 - NV)
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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 pharmacies�... More... $0 (10-30-2009 - WA)
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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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Moore Equipment Company v. Callen Construction Co., Inc.
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Moore Equipment Company appeals the circuit court's grant of summary judgment in favor of Callen Construction Co., Inc., on Callen's claim for conversion. Moore contends that Callen's claim fails as a matter of law because it seeks the return of money and does not fall within the limited circumstances in which a claim for the return of money lies in conversion.
Moore also alleges that the... More... $0 (10-28-2009 - MO)
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Trans-Western Petroleum, Inc. v. United States Gypsum Co.
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This case involves a dispute over which of two energy companies, Trans-Western Petroleum, Inc., or Wolverine Gas and Oil Corp., currently holds a valid oil and gas lease on a portion of land in Utah. Trans-Western asserts that it has a valid lease with a lease term beginning on August 17, 2004. Wolverine acknowledges that the primary term of its lease expired on August 17, 2004. However, Wolverine... More... $0 (10-27-2009 - CO)
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Century Indemnity Company v. Certain Underwriters at Lloyd's, London
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This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century”) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s”) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More... $0 (10-23-2009 - )
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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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The Mega Life and Health Insurance Company v. Donald D. Pieniozek
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This appeal is the second appeal in this case before the Court. In the first appeal, the Court vacated the district court’s grant of summary judgment in favor of Mr. Pieniozek (“Pieniozek”) on Mega Life and Health Insurance Company’s (“Mega”) claim for rescission of Ms. Pieniozek’s life insurance policy and Pieniozek’s counterclaim for breach of contract, and remanded the case for ... More... $0 (10-19-2009 - AL)
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International Union of Police v. City of Lawton
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¶1 Plaintiffs/Appellants International Union of Police Associations, Local No. 24, and Tommy Harrell (collectively, Union) seek review of the trial court's order granting the motion to dismiss of Defendant/Appellee City of Lawton (City) in Union's action for a declaratory judgment to determine its right, under the Oklahoma Open Records Act (ORA), 51 O.S. §§24A.1, et seq., to inspect the prelimi... More... $0 (10-16-2009 - OK)
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Farmers Automobile Insurance Association v. Michael C. Danner and Tracy Watson and David D. Winkler
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Plaintiff, Farmers Automobile Insurance Association (Farmers), appeals the trial court's order finding Farmers had a duty to defend defendants, Michael C. Danner and Tracy Watson, in a lawsuit filed by defendant David D. Winkler. We reverse and remand.
I. BACKGROUND
A. The Declaratory-Judgment Action
In December 2007, Farmers filed a complaint for declaratory judgment. The com... More... $0 (10-16-2009 - IL)
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Lamar Whiteco Outdoor Corporation v. The City of West Chicago and Bill Beebe
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Plaintiff, Lamar Whiteco Outdoor Corporation, initiated an action that led to a permanent injunction barring defendant, the City of West Chicago (City), from enforcing an advertising ordinance against plaintiff. The ordinance remains in effect as to all other outdoor advertisers. The trial court ruled that plaintiff is eligible for attorney fees and costs as a "prevailing party" under section 1988... More... $0 (10-16-2009 - IL)
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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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SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc. v. AAR Incorporated
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Appellants, SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc., (collectively “SCTW”), were sued by AAR, Incorporated (“AAR”) for failing to pay for mold remediation and storage services that AAR had provided. After a trial by jury, the trial court awarded AAR $422,049.05 in damages, pre-judgment interest and attorney’s fees. SCTW contends the tria... More... $0 (10-15-2009 - TX)
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First American Bank v. First American Transportation Title Insurance Co.
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Appellant First American Bank (First American or Bank) appeals a grant of summary judgment in favor of appellee First American Transportation Title Insurance Co. (FATTIC). The district court ruled that the measure of indemnity under First American’s insurance policy is limited to the amount by which the payments to the holders of the priming liens for necessaries reduced First American’s recov... More... $0 (10-15-2009 - LA)
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Bayly Crossing, L.L.C., et al. v. Consumer Protection Division, Office of the Attorney General
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This appeal arises from a civil administrative action by the Consumer Protection Division of the Maryland Office of the Attorney General (“CPD”) against appellants Julia B. Passyn, Theodore B. Passyn, Theodore B. Passyn, III (“the Passyns”), and Bayly Crossing, LLC. CPD charged appellants with failing to register under the Home Builder Registration Act (“HBRA”), Maryland Code (2004 Rep... More... $0 (10-13-2009 - MD)
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Rita Clancy v. Kent W. Jessen
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This property dispute involves easements that were granted several decades ago by an owner of riverfront property along the Mississippi River. Because we agree with the district court’s resolution of the relevant legal and factual questions, we affirm the judgment below.
I. Facts and Procedural History.
In 1964 Ray and Meta Kellogg acquired 2.07 acres bordering the Mississippi ... More... $0 (10-07-2009 - IA)
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Wauwatosa Avenue United Methodist Church v. City of Wauwatosa
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Wauwatosa Avenue United Methodist Church (“United Methodist”) appeals the circuit court’s order denying its motion for summary judgment and upholding the decision of the City of Wauwatosa (the “City”) tax assessor. The circuit court found that Wis. Stat. § 70.11(4) (2007‑08)[1] did not provide a tax exemption for the church-owned residence of the church custodian. On appeal, United ... More... $0 (10-06-2009 - WI)
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Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.
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The Board of Trustees of the Leland Stanford Junior University (“Stanford”) appeals a final judgment that the asserted claims of U.S. Patents No. 5,968,730 (“’730 patent”), No. 6,503,705 (“’705 patent”), and No. 7,129,041 (“’041 patent”) are invalid for obviousness. Bd. of Trs. v. Roche Molecular Sys., Inc., 563 F. Supp. 2d 1016 (N.D. Cal. 2008) (“Invalidity Opinion”). Ro... More... $0 (10-05-2009 - CA)
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Vineyard Village, Ltd. v. Univest Properties, Inc. and Yorkshire West Realty Advisors, L.P.
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In three issues, Appellants Vineyard Village, Ltd. and Vineyard Village MSV, LLC (AVineyard@) complain that the trial court erred by granting summary judgment for Appellees Univest Properties, Inc. and Yorkshire West Realty Advisors, L.P.,[2] by excluding Vineyard=s summary judgment evidence, and by awarding attorneys= fees to Univest and Yorkshire. We affirm.
II.... More... $0 (10-02-2009 - TX)
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