Estoppel Law
 
Cornhusker Casualty Company v. Shar Jkaj

Cornhusker Casualty Company (“Cornhusker”) appeals from the district
court’s summary-judgment ruling, arguing that the district court incorrectly
concluded that Cornhusker was estopped from asserting noncoverage as a defense
to the claims of Shari and Steve Skaj. The Skajs have cross-appealed the district
court’s sua sponte entry of summary judgment against them on their co... More...
   $0 (05-18-2015 - WY)

In the Interest of A.B.O. and E.B.O., Children

In this dispute involving the conservatorship of two children, the trial court appointed their father, David Brian O’Dell (David), and maternal grandmother, Melanie McMurtry, as joint managing conservators. The trial court further designated McMurtry as the person with the right to designate the children’s place of residence. David appeals, contending that the trial court erred in (1) finding ... More...   $0 (05-12-2015 - TX)

Movie Poster House, Inc. v. Heritage Auctions, Inc.

Movie Poster House, Inc. appeals the trial court’s summary judgment in favor of Heritage Auctions, Inc. In four issues, MPH contends the trial court erred because its claims are not barred by res judicata or collateral estoppel and the arbitrator abused his discretion by refusing to allow MPH to amend its statement of claims. We affirm.
In early 2008, Kenneth Mauer loaned William Hughes over... More...
   $0 (05-08-2015 - TX)

Robert Marzec v. California Public Employees Retirement System

These consolidated appeals concern the calculation of retirement benefits under the Public Employees’ Retirement Law (PERL), Government Code section 20000 et seq.1 The plaintiffs are former police officers and firefighters employed by local public agencies that provide employee retirement benefits through the California Public Employees’ Retirement System (CalPERS). In order to enhance their s... More...   $0 (05-08-2015 - CA)

Endura Products Corp and Novastar LP v. David A. Altemus

This is an appeal from a summary judgment order entered in favor of
Appellee, David A. Altemus. We affirm.
In 2003, Endura Products Corp and Novastar LP entered into an agreement
with World Wide Web Productions (WWWP). Under the terms of the agreement,
WWWP agreed to create a computer software system for each of Appellants’
businesses. Wesley Groves, WWWP’s Senior Program A... More...
   $0 (05-07-2015 - TX)

Titia Brown v. Carrington Place of Tulsa, LLC d/b/a Sand Springs Nursing & Rehabilitation a/k/a Oakdale Manor and Traditions Senior Management, Inc.

Tulsa, OK - Titia Brown, Administrator of the Estate of Charlotte Brown and Charlotte Brown, Decesased, sued Carrington Place of Tulsa, LLC d/b/a Sand Springs Nursing & Rehabilitation a/k/a Oakdale Manor and Traditions Senior Management, Inc. on medical negligence (medical malpractice) theories claiming:

1. Plaintiff, Titia Brown, is a surviving child of Charlotte Brown, deceased, and Spe... More...
   $1 (05-07-2015 - OK)

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this
interlocutory appeal from the trial court’s order denying its motion to compel
arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. &
Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed
under the same circumstances that an appeal from a federal court orde... More...
   $0 (04-23-2015 - TX)

Shawn L. Robbins v. Department of Labor & Industries

We address whether, under RCW 51.32.160, a second copy ofan application to reopen a worker's compensation claim, which copy attaches fresh medical records, constitutes a new application that requires a response from the Department of Labor & Industries (Department). We answer the question no. We affirm the Department and the Superior Court's ruling that the Department did not suffer a default by f... More...   $0 (04-21-2015 - WA)

Shawn L. Robbins v. Dept. of Labor & Industries

We address whether, under RCW 51.32.160, a second copy ofan application to reopen a worker's compensation claim, which copy attaches fresh medical records, constitutes a new application that requires a response from the Department of Labor & Industries (Department). We answer the question no. We affirm the Department and the Superior Court's ruling that the Department did not suffer a default by f... More...   $0 (04-21-2015 - WA)

Drake Kennedy v. Brian Kennedy

Defendants, Brian Kennedy and, as to Skyline Outdoor Media LLC only, David Seyde, appeal from a May 13, 2014 order in favor of plaintiff, Drake Kennedy.1 The May 13, 2014 order denied defendants’ motion to stay dissolution of a number of corporations and limited liability companies and appoint appraisers to permit a buyout to occur. (Corp. Code,2 §§ 2000, 17707.03.) Defendants contend the tria... More...   $0 (04-20-2015 - CA)

Chad P. Johnson v. Chris M. Melson

In 2007, Chad P. Johnson and Stewart S. Minnick entered into a written agreement whereby, after Minnick’s death, Johnson would purchase farmland he had been renting from Minnick and Minnick’s sister for a specified price. The purchase price was to be funded by an insurance policy owned by Johnson on Minnick’s life. Following Minnick’s death in 2012, the proceeds of the policy were paid to ... More...   $0 (04-17-2015 - NE)

Thomas Balames v. Robert V. Ginn and Brashear, L.L.P.

The appellee, Thomas Balames, filed this legal malpractice action against Robert Ginn and Brashear LLP, formerly known as Brashear and Ginn (collectively Ginn), the firm where Ginn practiced when the alleged malpractice occurred. Balames brings this action for himself and three other individuals for whom he serves as attorney in fact (collectively
Nebraska Advance Sheets
684 290 NEBRASKA R... More...
   $0 (04-17-2015 - NE)

Raul Galvez v. Tornado Bus Company, et al

Appellant Raul Galvez appeals the trial court’s grant of summary judgment in favor of appellees Tornado Bus Company, Tornado Bus Company d/b/a Tornado Money Transfers, and Juan Vazquez (collectively, Tornado Parties). In three issues, Galvez argues that the trial court erred in granting the Tornado Parties’ traditional and no-evidence motions for summary judgment. Because all dispositive issue... More...   $0 (04-15-2015 - TX)

Benefits Technologies Division 10, LLC and Benefits Technologies, LLC v. David Brenner

Tulsa, OK - Benefits Technologies Division 10, LLC and Benefits Technologies, LLC sued David Brenner on breach of contract theory. Defendant counterclaimed on breach of contract, civil conspiracy, unjust enrichment, restitution, constructive trust, accounting, indemnification and constructive discharge theories.

Plaintiffs' petition stated:

1. Plaintiff Benefits Technologies is... More...
   $0 (04-10-2015 - OK)

United States of America v. Daniel David Egli

Daniel David Egli, a federal prisoner incarcerated in Louisiana, apparently was
convicted of a federal offense in the United States District Court for the District of Utah.
He filed in that court a motion for relief from his conviction under Federal Rule of Civil
Procedure 60. Relying on our opinion in United States v. Triplett, 166 F. App’x 362,
* After examining the briefs and ... More...
   $0 (04-10-2015 - UT)

Quinton Lee Amey v. Robert Patton

Quinton Lee Amey was convicted in Oklahoma state court of feloniously
pointing a firearm and possessing a firearm after a former felony conviction. His
28 U.S.C. § 2254 habeas petition was denied by the district court. Proceeding pro se
and wanting to appeal from the denial, he requests a certificate of appealability
(COA) to appeal. We deny the request and dismiss this matter.More...
   $0 (04-10-2015 - OK)

Ram's Gate Winery, LLC v. Joseph G. Roche

Appellant Ram’s Gate Winery, LLC (Ram’s Gate) bought a property in Sonoma County from respondents Joseph G. and Genevieve Roche (the Roches) upon which it intended to build a new winery. The sellers had agreed in the “Purchase and Sale Agreement” (Purchase Agreement) to disclose facts having a “material effect on the value of the ownership or use of the Property,” including geological ... More...   $0 (04-09-2015 - CA)

JOHN KLEAS CO., INC. v. MICHAEL PROKOP, DAVID A. CARP AND HERZOG & CARP, P.C.

Appellant John Kleas Co., Inc. (“Kleas”) challenges the trial court’s summary
judgment and its award of attorney’s fees as sanctions in favor of appellees, Michael
Prokop, David A. Carp, and Herzog & Carp, P.C. By five issues, Kleas contends that: (1)
the trial court erred by denying its motion to continue a hearing on appellees’ summary
2
judgment motions; (2) Kleas ... More...
   $0 (04-02-2015 - TX)

Chris Davis v. Motiva Enterprises, LLC

Chris Davis sued (1) Chris Fournet for invasion of privacy by public disclosure of private facts and by intrusion on seclusion, libel, and intentional infliction of emotional distress; and (2) Motiva Enterprises, L.L.C. for negligent supervision, negligent entrustment, and negligent undertaking.1 Motiva filed a motion to dismiss based on the Communications Decency Act (“CDA”), which the trial ... More...   $0 (04-02-2015 - TX)

Ronald Lee Cline v. Berniece Delores Homuth

Plaintiff Ronald Lee Cline was severely injured when his motorcycle collided with a turning car driven by a teenager with a provisional license. He settled with the driver and the driver’s parents for their $100,000 insurance policy limit. Cline executed a release that released the driver and his parents “and any other person, corporation, association, or partnership responsible in any manner ... More...   $0 (03-30-2015 - CA)

Ellen Pao v. Kleiner Perkins Caufield & Byers

San Francisco, CA - Ellen Pao sued Kleiner Perkins on a civil rights violation theory claiming that she was discriminated against at work because of her gender and then retaliated against when she complained. She claimed that Kleiner Perkins discriminated against her because of her gender by failing to promote her and/or by terminating her employment. She claimed that Kleiner Perkins retaliated ag... More...   $0 (03-27-2015 - CA)

Mary J. McCready v. William F. Whorf

Sometimes it's not over when it's over. A bankruptcy extinguished defendant debtor's liability on a judgment in favor of plaintiff. But here it did not extinguish plaintiff's lien on the bankrupt's business from which plaintiff was entitled to the assets and profits of the business.
Shortly before his death, plaintiff's husband sold a business to defendant. Defendant defaulted on the purchase ... More...
   $0 (03-24-2015 - CA)

F. Wood Boyce v. T.D. Service Company

"There are no free houses." These are the words of the bankruptcy judge who allowed the instant home foreclosure to go forward. It rejected appellant's theory of "wrongful foreclosure." Thereafter, the same theory was rejected in an unlawful detainer proceeding. Undeterred, appellant F. Wood Boyce sued his lender for "wrongful foreclosure" because the $1.155 million deed of trust was placed in a m... More...   $0 (03-23-2015 - CA)

Joseph R. Willie, II v. Commission for Lawyer

Willie represented his client, Don Collis Houston Jr., after Houston was
indicted for possession of a controlled substance and bail jumping. After
2
consulting with Willie, Houston signed a judicial confession and waiver of rights
as to both charged offenses on May 12, 2008; these documents also were signed by
Willie and the State’s attorney, Michael Mark. Houston then pleade... More...
   $0 (03-17-2015 - TX)

Alterra Excess and Surplus Insurance Company v. Estate of Buckminstyer Fuller

The Estate of Buckminster Fuller (Estate) appeals from a judgment on the pleadings holding that Alterra Excess and Surplus Insurance Company (Alterra) had no duty to defend, and therefore no duty to indemnify, its insured in an action brought by the Estate against the insured. The basis of the judgment was that an exclusion in the Alterra policy, referred to by all below as the “intellectual pro... More...   $0 (03-09-2015 - CA)

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