Seng-Tiong Ho and Yingyan Huang brought this action against Allen Taflove and Shi- Hui Chang in the United States District Court for the Northern District of Illinois. They alleged that the defendants, members of another research team at the same university, violated the Copyright Act by publishing equations, figures and text copied from the plaintiffs’ work. The plaintiffs also raised several s... More...   $0 (06-07-2011 - IL)

Appellant Flare Ten-Booms appeals from a summary-judgment order and final judgment issued in favor of appellee Deborah L. Obregon. In the underlying suit, Ten-Booms alleged that Obregon breached a "property sale contract" that called for Obregon to sell Ten-Booms a portion of a plot of land that she owned in exchange for a $10,000 down payment and a purchase price of $100,000. Ten-Booms raised a m... More...   $0 (06-03-2011 - TX)

Judge Gregory R. Stidham of the Muscogee (Creek) Nation District Court appeals the district court’s order granting preliminary injunctive relief to Crowe & Dunlevy (“Crowe”) and denying Judge Stidham’s motion to dismiss. Crowe & Dunlevy, P.C. v. Stidham, 609 F. Supp. 2d 1211, 1227 (N.D. Okla. 2009). Because the district court correctly denied Judge Stidham’s motion to dismiss and did not... More...   $0 (05-27-2011 - OK)

In nineteen issues, Game Systems, Inc. a/k/a Texas Game Systems appeals from the trial court’s denial of its motion for summary judgment against and the grant of summary judgment for Forbes Hutton Leasing, Inc. (Leasing), Gametronics Gaming Equipment Limited (Tronics), and Robert Houchin (Houchin) (collectively Appellees). We affirm in part and reverse in part. Because we hold that the trial c... More...   $0 (05-26-2011 - TX)

Appellant Sabri Salem appeals the trial court’s order awarding Jawhar Asi, Mervat Asi, and JS Transport, Inc. (collectively, Asi) damages, attorney’s fees, and prejudgment interest. We will affirm the trial court’s judgment.

Background Facts

Salem and Asi owned and operated JS Transport, Inc, a trucking company. There was no written contract between the parties, but... More...   $0 (05-26-2011 - TX)

This is an appeal from the trial court’s order denying appellants’ motion for partial summary judgment and granting appellees’ motion for summary judgment. We affirm.

BACKGROUND

In mid-1970, Colorado Oil and Gas Corp. (“Colorado”), Flying Diamond Oil Corp. (“FDOC”), Gifford E. Joseph, and W.C. DeArman decided to explore for oil and gas in Zapata County, Texa... More...   $0 (05-25-2011 - TX)

In this appeal, we consider whether the circuit court erred in its interpretation of a management agreement (the Management Agreement) between First Owners’ Association of Forty Six Hundred Condominium, Inc. (FOA) and Condominium Services, Inc. (CSI). We also consider whether the circuit court erred in granting summary judgment on FOA’s conversion claim, in permitting certain expert testimony ... More...   $0 (05-21-2011 - VA)

In September 2005, American Airlines, Inc. ("American") began charging passengers a fee of $2 for each bag checked with porters who provide curbside service (called "skycaps") at Boston's Logan Airport. Arguing that passengers mistook the fee for a mandatory gratuity for the skycaps and stopped tipping, several porters brought suit against American; the present appeal is a product of that litigati... More...   $0 (05-20-2011 - MA)

Wittenberg Ford-Mercury, Inc., Rodney Rosenow, Victoria Rosenow, Rosenow Farms, Inc., and Rosenow Land Company, LLC, (collectively, the Rosenows) appeal a judgment dismissing their claims against Roger Rosenow, Sr., Susan Rosenow, James Hartleben, Rhonda Hartleben, Banner Bank and Peter Hittner.[1] The circuit court concluded that all of the claims were time-barred. It also determined that two s... More...   $0 (05-17-2011 - WI)

Plaintiff Debbie McCravy sued Defendant Metropolitan Life Insurance Company ("MetLife"), alleging, among other things, breach of fiduciary duty, and seeking damages under the "other appropriate equitable relief" provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(3). The district court granted McCravy summary judgment, but limited her damages to the return of h... More...   $0 (05-16-2011 - SC)

Plaintiff–Appellant Robert Sykes brought this lawsuit against Defendant–Appellee Public Storage, Inc., alleging liability for conversion of property, breach of contract, and violations of the Texas Deceptive Trade Practices Act. Sykes appeals the magistrate judge’s dismissal of his conversion and Texas Deceptive Practices Act claims and the jury verdict rejecting his breach of contract claim... More...   $0 (05-13-2011 - TX)

John Lippert appeals from an order dismissing his complaint for a review and accounting of the actions of his brother, James R. Lippert (Jim), while acting for their father, James G. Lippert (James), under a durable power of attorney (DPOA) nominating Jim as the agent. John’s claims for conversion, undue influence, and breach of fiduciary duty against Jim and his brother Jeffrey Lippert were a... More...   $0 (05-11-2011 - WI)

¶1 This case illustrates the importance of promptly recording a deed to a property right. Sandy City and the Plaintiffs (“Haik Parties”) each hold deeds to the same water right. Sandy City recorded an “Agreement of Sale” for the water right in 1977, but did not record the deed until 2004. The Haik Parties purchased the same water right in 2003 and recorded their deed that year. We are ask... More...   $0 (05-10-2011 - UT)

In this breach of contract and lien foreclosure action arising out of a dispute concerning the construction of a single-family home in the town of Greenwich, the named defendant, Jeffrey T. Miller, who owns the home, and the defendant Cheryl Miller, his wife,1 appeal, and the plaintiff, The FCM Group, Inc., the builder of the home, and the third party defendant, Frank C. Mercede III,2 cross appeal... More...   $0 (05-10-2011 - CT)

This appeal stems from a dispute over several pre-construction purchase agreements entered into between appellants, as purchasers of condominium units, and P.C. – Plantation, LLLP, as developer. The purchasers filed a complaint, alleging that Plantation violated section 718.503, Florida Statutes, b y converting the condominiums into a “luxury rental community.” The complaint was dismissed fo... More...   $0 (05-04-2011 - FL)

Mark Seidl and his brother, Alan Seidl, formed Seidls’ Mountain View Dairy, LLC, in 2002, and were its only members.[1] Per the members’ operating agreement, Alan and Mark were required to maintain equal capital accounts. Any excess in one member’s capital account was treated as an obligation of the LLC to the member with the larger account.

¶2 Alan and the LLC brought sui... More...   $0 (05-03-2011 - WI)

[¶1] After a jury found that Concrete Works of Colorado, Inc. (CWC) breached its contract with Joe’s Concrete and Lumber, Inc. (Joe’s Concrete), Joe’s Concrete presented evidence documenting its claim for attorney fees. The district court declined to consider the documentation on the ground that it was not presented at trial, concluded the evidence presented at trial did not support an atto... More...   $0 (05-02-2011 - WY)

The issue in this appeal is whether the trial court erred under the forum non conveniens doctrine by staying an action against residents of California for tortious interference with contract and other business torts for the sale of an interest in a Mexican business. Plaintiffs contend defendants did not meet their burden of proving Mexico is a suitable alternative forum, or that on balance the pri... More...   $0 (04-29-2011 - CA)

We hold that a residential community that has continuously operated as a retirement community for persons age 55 or older can qualify for the housing for older persons exemption from the Fair Housing Act’s prohibition on familial status discrimination by establishing that it currently satisfies the exemption’s three statutory and regulatory criteria at the time of the alleged violation, even i... More...   $0 (04-28-2011 - WA)

Jumbo Cargo, Inc. (“Jumbo”) is a shipper and freight forwarder. Lan Chile, S.A., (“Lan”) pursuant to an Air Waybill, agreed to ship computer parts and cell phones belonging to Jumbo from Miami, Florida to Guaraní International Airport in Paraguay (“Guaraní”). The Air Waybill provided that the shipment was to go from Miami to Guaraní. There is no dispute that Jumbo delivered the ship... More...   $0 (04-27-2011 - FL)

¶1 The petitioner, James Mark Dobbs, was admitted to the Oklahoma Bar Association on September 19, 1990. The petitioner was suspended from the practice of law for two years and one day by this Court on June 15, 2004, in State ex rel. Oklahoma Bar Association v. Dobbs, 2004 OK 46, 94 P.3d 31. Petitioner filed a petition for reinstatement to the Oklahoma Bar Association on August 27, 2010 alleging ... More...   $0 (04-26-2011 - OK)

{1} This appeal presents issues relating to the garnishment of funds held in a joint bank account. The district court awarded summary judgment in favor of the bank. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. STANDARD OF REVIEW

{2} Our standard of review is well settled. “Summary judgment is appropriate where there are... More...   $0 (04-22-2011 - NM)

A former director, accused of misconduct while serving as chair of a corporate board, appeals a jury verdict finding him liable for breach of fiduciary duty.

He also appeals a superior court order banning him from serving on the corporation’s board of directors for five years. The director argues the superior court erred by:

(1) refusing to instruct the jury on what he refers to as... More...   $0 (04-22-2011 - AK)

¶1 Movants/Appellants Marvin Y. and Soohyun Jin (Jins) and Bank of Oklahoma (BOK) (collectively, Appellants) appeal from the trial court's order denying their Motion to Intervene in a foreclosure action.1 Appellants acquired their interest in the property at issue in this case after lis pendens was recorded. As a result, Appellants' interest is void as to the prevailing party in this case. Appell... More...   $0 (04-22-2011 - OK)

In this diversity case, Oretha Lewis appeals the dismissal of her complaint asserting various theories of recovery under Texas law following her daughter’s death while working for a shipping company. Lewis alleges that the insurer and the insurance agent unlawfully delivered insurance proceeds to her daughter’s employer, who listed itself as the beneficiary in violation of Texas insurableinter... More...   $0 (04-21-2011 - TX)