Laches Law
 
John F. Long v. Janet A. Napolitano

¶ 1 We are asked to decide whether legislation creating and implementing the Tourism and Sports Authority ("TSA"), Ariz. Rev. Stat. ("A.R.S.") §§ 5-802 to -877 (Supp. 2001), is an unconstitutional special law favoring only Maricopa County. We must further determine whether the TSA funding mechanism violates the constitutional debt limitation. For the reasons that follow, we hold that the TSA le

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Robert Ward v. Valerie Ward

¶1 Petitioner, Robert Ward (Father), appeals the trial court's order finding him in contempt of court for failure to pay child support. Having recast this appeal as an application for a writ of prohibition, we deny same.

BACKGROUND

¶2 In 1995, Father and Respondent, Valerie Ward (Mother), were divorced. It is not disputed that the divorce decree awarded Mother custody of the co

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Oklahoma Department of Securities v. R. Kurt Blair, et al.

¶1 The first-impression principal issue in these appellate proceedings is whether an action may be maintained under the Oklahoma Uniform Securities Act against innocent victims of a Ponzi scheme to force them to pay to the Department of Securities those amounts they received from the Ponzi scheme which are in excess of their investments in that scheme. We hold that the Department may proceed agai

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Bacon Construction Co. v. Dept. of Public Works

The defendant, the department of public works, appeals1 from the judgment of the trial court granting the application of the plaintiff, Bacon Construction Company, Inc., to confirm an arbitration award for damages relating to a public works contract between the parties and denying the defendant’s motion to vacate the award, and from the court’s denial of the defendant’s motion to dismiss the

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Clear Channel Outdoor Inc. v. City of New York; Metro Fuel LLC. v. City of New York

The district court found that the challenged provisions of New York City’s Zoning Resolution did not impose unconstitutional restrictions on Plaintiffs’ commercial speech rights in violation of the First Amendment or the New York State Constitution. Id. at 481, 508. The district court’s opinion applies to two cases, The factual background giving rise to these disputes 1 is set out in detail

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Orlando Residence Ltd. v. Kenneth E. Nelson

¶1 These cases arise from Orlando Residence’s efforts to collect on a Tennessee judgment against Kenneth Nelson. As part of those efforts, Orlando Residence obtained a judgment in Wisconsin based on the Tennessee judgment. Kenneth and his wife, Susan Nelson, appeal the Wisconsin judgment along with an order denying relief from the judgment. The Nelsons argue that the Tennessee judgment is n

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CMACO Automotive Systems, Inc. dba CMA Forging Co. v. Wanxiang America Corporation

In this diversity action brought in the Eastern District of Michigan, plaintiff CMACO Automotive Systems, Inc. (“CMA”), a California corporation that supplies parts to automobile manufacturers, alleges that defendant Wanxiang America Corporation (“WAC”), a Kentucky corporation with its principal place of business in Illinois, breached an exclusive partnership agreement to manufacture autom

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Craig McKey v. Wilderness Development, L.L.C.

¶1 Craig and Lisa McKay brought suit against Wilderness Development, LLC (Wilderness), in the District Court of the Nineteenth Judicial District Court, Lincoln County, alleging it had violated restrictive covenants attached to the Koocanusa Estates Subdivision near Eureka, Montana (Subdivision). The McKays also alleged that Wilderness had trespassed on their property and converted some of their t

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Encyclopaedia Britannica, Inc. v. Alpine Electronics, Inc.

Appellant Encyclopaedia Britannica, Inc., (“Britannica”) is the assignee of U.S. Patent No. 5,241,671 (“’671 patent”), which is directed to a computerized multimedia search system with multiple separate and independent entry paths for searching and retrieving textual and graphical information. The Appellees, Alpine Electronics, Inc., Alpine Electronics of America, Inc., Denso Corp., Toyo

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Schellinger Brothers v. City of Sebastopol

It is probably a truism that since adoption of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.1 (CEQA)) in 1970, every developer has at some point before construction starts ground his teeth or clenched her fists in frustration while enduring the often lengthy process leading to certification of an environmental impact report (EIR) for the proposed project. This app

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Moss Creek Homeowners Association, Inc. v. Ted L. Bissette, et al.

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

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Kootenai Electric Cooperative, Inc. v. The Lamar Corporation

Kootenai Electric Cooperative, Inc. (KEC) appeals from the district court’s summary judgment dismissal of its claim for repayment from The Lamar Corporation and The Lamar Company, L.L.C. (Lamar) of the amount that KEC paid pursuant to a judgment in a personal injury case. The judgment was rendered against KEC for injuries that James E. Kuntz suffered when he came into contact with one of KEC’s

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Amanda E. Pusl v. Matthew J. Means and G & J Welding & Machine Company

¶ 1 Appellant Amanda E. Pusl appeals from the February 28, 2008 judgment in her favor in the amount of $25,000, entered in the Court of Common Pleas of Jefferson County.1 Upon review, we affirm.

¶ 2 The factual and procedural history of this appeal is as follows. Appellant was injured in a two-vehicle accident on April 26, 2002. The other vehicle involved in the accident was owned by Appe

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Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

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

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Constance J. Jarvis v. Constance M. Lieder, et al.

A constructive trust arises ‘‘when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,—as numberless as the modes by

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Vita-Mix Corp. v. Basic Holding, Inc.

This case involves alleged infringement by Basic Holding (“Basic”) of a patent and alleged trademark held by Vita-Mix Corporation (“Vita-Mix”). The United States District Court for the Northern District of Ohio granted summary judgment of no direct infringement, no inducement of infringement, no contributory infringement, and no trademark infringement in favor of Basic. The court also gran

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Phyllis A. Mortong v. Paradise Cove Property Owners Association, et al.

This is an appeal from a summary judgment granted in favor of appellees.[1] We affirm. Appellant, Phyllis A. Morton, was a property owner in the Paradise Cove Subdivision. She instituted the underlying action by filing suit against the Paradise Cove Property Owners Association, Inc. (the Association) on May 10, 2005. She alleged in her original petition that the Association had violated the de

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Rihcard Mansur v. David Muskopf

The respondents, David Muskopf and Mary Allain, appeal an order of the Superior Court (Houran, J.) ruling that an easement, benefiting non-waterfront property owned by petitioners Richard and Susan Mansur, extends onto the shoreline of their property along Lake Winnipesaukee. We affirm.

The following facts were recited in the trial court’s orders or appear in the record. This appeal inv

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George R. Drummond, et al. v. Michael G. Desmarais, et al.

Plaintiffs George Drummond, Rebecca Drummond, and Jesse Marion brought this action against their former attorney, Michael Desmarais, and others, alleging that Desmarais maliciously prosecuted two previous suits against plaintiffs, one seeking to recover fees claimed under a contract to provide legal services to plaintiffs in connection with the estate of their deceased father, and the other allegi

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Marta Valdovinos v. Tadanori Tomita, M.D.

The plaintiff, Marta Valdovinos, as parent, guardian, and next friend of Daniel Valdovinos ("Daniel"), appeals from an order of the circuit court dismissing both counts of her fifth amended complaint against the defendants, Dr. Tadanori Tomita and Children's Memorial Hospital ("Children's Memorial"). For the reasons which follow, we reverse the judgment of the circuit court and remand for further

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George R. Drummond v. Michael G. Desmaris

Plaintiffs George Drummond, Rebecca Drummond, and Jesse Marion brought this action against their former attorney, Michael Desmarais, and others, alleging that Desmarais maliciously prosecuted two previous suits against plaintiffs, one seeking to recover fees claimed under a contract to provide legal services to plaintiffs in connection with the estate of their deceased father, and the other allegi

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Wilson v. City of Hollis

¶1 This is a mandamus action brought by the plaintiff L. A. Armstrong, bondholder, for himself and all others similarly situated. He sought by the remedy of mandamus to require the board of education to provide in its budget for the fiscal year 1940-41 for funds with which to pay the 1929 installments of the paving assessments levied against the property of the board of education, together with t

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Brian Lee Wilson v. Carl Daniel Webb and Brent Stapp

¶1 The issue presented is whether the appellant's motion for new trial was ineffective because it was filed without the signature of his counsel. We hold that because he filed a document of record establishing that he had dismissed his counsel before filing the motion, the motion for new trial was not ineffective. We remand the cause to the Court of Civil Appeals for consideration of the issues r

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Costa Serena Owners Association v. Costa Serena Architectural Committee

APPEAL from a judgment of the Superior Court of San Diego County, Michael B. Orfield, Judge; APPEAL from a postjudgment order denying a motion to vacate the judgment; APPEAL from a postjudgment order denying attorney fees. The judgment is reversed. Jess Diaz's appeal from a postjudgment order denying his motion to vacate is dismissed. Costa Serena Owners Coalition's appeal from a postjudgment orde

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James A. Swaby, et al. v. Northern Hills Regional Railroad Authority, et al.

[¶1.] Plaintiff landowners brought suit to quiet title to certain railroad rights of way. On cross motions for summary judgment, the circuit court quieted title in favor of the landowners. To resolve this appeal, we must interpret several 1890 deeds and the General Railroad Right-of-Way Act of 1875. We affirm in part, reverse in part, and remand.

Background

[¶2.] James Swaby, et al

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