Laches Law
 
Timothy Doyle, et al. v. Huntress, Inc.; Relentless, Inc.

This decision addresses the doctrine of laches in claims for wages by seamen under 46 U.S.C. § 11107, where the claims are meant both to compensate and to encourage compliance with the requirement in 46 U.S.C. § 10601 that the seamen be given pre-trip written agreements.

From 1993 to 2000, the plaintiffs, Timothy Doyle, Greg Hagaman, Brian Lague, Anthony W. Richards, and Eric Edward

More...   $0 (01-29-2008 - RI)

Ladzinske v. Allen, et al.

Academy of America, Inc. leases to Academy of Lithonia, Inc. the facilities necessary for it to operate as a charter school. Beginning in 2001, the DeKalb County Department of Public Works considered the charter school to be exempt from the local zoning ordinance, and granted all necessary building permits and certificates of occupancy. In November 2003, the County issued a permit for the con

More...   $0 (01-17-2008 - GA)

The Cadle Company v. Roy H. Bray

Appellant, The Cadle Company ("Cadle"), appeals the summary judgment rendered in favor of appellee, Roy H. Bray, that collaterally attacked and declared void a default judgment against Bray in an earlier case involving the same two parties. Cadle contends that the trial court improperly granted summary judgment because (1) Cadle's petition to revive the dormant judgment that led to

More...   $0 (01-25-2008 - TX)

Paul Anton Zevnik, et al. v. The Superior Court of Los Angeles County, Rayonier, et al.

Paul Anton Zevnik, Michel Y. Horton, Morgan Lewis and Bockius LLP (MLB), and Zevnik Horton LLP (collectively Petitioners) are defendants in a legal malpractice action brought by their former clients Rayonier Inc. (Rayonier) and Southern Wood Piedmont Company (Southern Wood). The alleged malpractice arises from Petitioners' concurrent representation of Rayonier, Southern Wood, ITT Industri

More...   $0 (01-20-2008 - CA)

Richard M. Feldman, et al. v. Mary Bomar, et al.

Richard M. Feldman, Robert Lee Puddicombe, and In Defense of Animals (IDA) (collectively "Appellants") appeal the judgment in favor of the Nature Conservancy (TNC), the National Park Service (NPS), NPS's director, and the Chief of Natural Resources Management at Channel Islands National Park (collectively "Appellees") on their claims that Appellees violated the National Environmental Po

More...   $0 (01-19-2008 - CA)

Steve Bergman v. Margaret Marker

1. DOOLEY, J. Mother appeals an order of the family court, establishing father's child support obligation. We affirm in part and remand for further proceedings regarding the starting date of father's support obligation.

2. The following facts are not disputed. Mother and father were married in Vermont in 1999, and lived in Vermont immediately following their marr

More...   $0 (12-21-2007 - VT)

PAE Government Services, Inc. v. MPRI, Inc.

PAE Government Services, Inc. and MPRI, Inc. sell services to government agencies. The companies agreed to work together to submit a bid for a government contract, and signed a "Teaming Agreement" that divided duties between them. MPRI submitted the bid as "prime contractor" and won. MPRI thereafter refused to subcontract to PAE all the work specified in the Teaming Agreement - or so PA

More...   $0 (12-19-2007 - CA)

Ronald J. Holecek v. Robert T. Sundby and Genae M. Warrington, etc.

[1.] Ronald J. Holecek appeals the circuit court's grant of summary judgment and denial to vacate the same. The circuit court determined that Holecek lacked standing to bring the lawsuit to quiet title over a property belonging to Robert T. Sundby and Ganae M. Warrington (hereinafter collectively referred to as Sundby). Additionally, the circuit court granted Sundby's summary judgment motion

More...   $0 (12-18-2007 - SD)

CSX Transportation, Inc. v. Appalachian Railcar Services, Inc.

In April 2004, for reasons still unknown, thirteen railcars derailed in Evansville, Indiana. CSX Transportation determined that the railcars, which belonged to Appalachian Railcar Services ("ARS"), had derailed on CSX-owned track and, therefore, that CSX was liable for the damage. Some time after paying ARS for the damaged railcars, CSX concluded that the derailment had actually occurred

More...   $0 (12-11-2007 - IN)

M&P Management, L.P. v. Michael D. Williams

The Superior Court determined that Pa.R.C.P. 2959(a)(3), as amended in 1996 (providing that a petition to strike off or open a confessed judgment must be made within thirty days of receipt of written notice) was intended to eliminate the potential for striking off or reopening judgments after the thirty-day time period announced in the rule, regardless of whether the judgment was void, vo

More...   $0 (11-23-2007 - PA)

JANE A. MERRITT, Appellee, v. MICHAEL L. MERRITT, Appellant.

�1 The appellant, Michael L. Merritt, filed an application for an indirect contempt citation and a motion to reduce arrearage to judgment. The appellee, Jane A. Merritt, filed a motion to dismiss the contempt citation based on the payment of Social Security benefits to the child of the parties. The Social Security payment made subsequent to the commencement of this action exceeded the amoun

More...   $0 (07-01-2003 - OK)

SLEEPER FARMS; VAUGHN SLEEPER; and MARY SLEEPER v. AGWAY, INC., RICHARD SIROIS, TODD BRADLEY, and CARL SMITH

This case concerns dealings by Agway Inc., an agricultural cooperative, with Vaughn and Mary Sleeper. The Sleepers grew seed potatoes on their farm (Sleeper Farms) in Sherman Mills, Maine, and claim that Agway owes them money for potatoes harvested between 1998 and 2001. The parties have now litigated before a bankruptcy court, an arbitrator, and the federal district court twice; Agway has gone

More...   $0 (11-02-2007 - ME)

General Motors Corporation v. Urban Gorilla, LLC

General Motors Corporation ("GM") appeals from the district court's denial of a motion for preliminary injunction against Urban Gorilla, LLC ("Urban Gorilla"). GM alleges that Urban Gorilla's "body kits" infringe upon and dilute GM's trade dress rights in its Hummer line of vehicles. Because the district court did not abuse its discretion in finding that GM failed to make a strong showing o

More...   $0 (09-20-2007 - UT)

MAGIC KITCHEN LLC et al., v. GOOD THINGS INTERNATIONAL LTD. et al.

From the mid-1980's until 1993, defendant and respondent The Pampered Chef, Ltd. purchased a kitchen device known as the "Tartmaster" from plaintiff and appellant Kitchen Connection, Inc. In about 1993, Pampered Chef learned that the patents on the Tartmaster's design had expired, and it began sourcing copies of the Tartmaster (which it called the "Cut-N-Seal") from defendants and respond

More...   $0 (07-31-2007 - CA)

Calhan Chamber of Commerce v. Town of Calhan, Colorado, et al.

In this quiet title action, plaintiff, Calhan Chamber of Commerce, appeals the summary judgment in favor of defendants, Town of Calhan, Pikes Peak Cooperative Association, David Baysinger, and Pamela Baysinger (collectively the Town). We affirm.

The Chamber of Commerce filed a complaint seeking to quiet title and for declaratory judgment against the Town concerning the ownership of four n

More...   $0 (05-09-2007 - CO)

David Lee Carey and Tanya Maria Carey v. Lincoln Loan Company

Is the Court of Appeals lawfully constituted? Defendant Lincoln Loan Co. argues that it is not, because -- in defendant's view -- the provision of the Oregon Constitution that purports to authorize the legislature to establish courts was improperly adopted in 1910. It therefore follows -- again, in defendant's view -- that, when the legislature created the Court of Appeals by statute in 1969, i

More...   $0 (04-24-2007 - OR)

Sharyn Berg v. Meshiel Cooper Traylor, et al.

Appellants Meshiel Cooper Traylor (Meshiel) and her minor son Craig Lamar Traylor (Craig) appeal the judgment confirming an arbitration award in favor of Craig's former personal manager, respondent Sharyn Berg (Berg), for unpaid commissions under a contract between Berg, Meshiel and Craig and unrepaid loans from Berg.1 Because we find that Craig had the statutory right as a minor to disaf

More...   $0 (03-20-2007 - CA)

Elmer Cochran and Debbie Cochran v. Marshall Bentley and Cheryl Bentley

Appellants Debbie and Elmer Cochran appeal from the order of the circuit court granting appellees Cheryl and Marshall Bentley a mandatory injunction against the Cochrans, which directs the Cochrans to remove their recently constructed shop building within 120 days from the date of entry of the order. The Cochrans assert four points on appeal: (1) that the circuit court erred in finding that

More...   $0 (03-04-2007 - AR)

Freeman and others v. Ceja Corporation, Arline B. Oliphant,Eric B Oliphant, John D. Mayo II, Peter O. Mayo, Gregory W. Oliphant Living Trust, Samuel Oliphant Age 21 Trust, Thomas J. Oliphant Living Trust and Besha Lu Deane Trust and others

Plaintiffs claimed rights in a portion of the working interests acquired by CEJA and the other defendants in oil and gas leases, lands and drilling units underlying Forbes Lake State Park ("FLSP") in Marion County, Illinois, referred to as the "FLSP Leases". Plaintiffs contend that they are entitled to the legal and equitable remedies of accrued damages, an accounting concerning Plaintiffs' share

More...   $7000000 (02-23-2007 - OK)

Christopher Womack v. San Francisco Community College District, et al.

Appellant appeals from the trial court's denial of his petition for a writ of mandate brought pursuant to Code of Civil Procedure section 1085. By that petition, he sought to compel respondents to reinstate him as a regular employee in the respondent District's (hereafter District) English as a Second Language (ESL) Department on the basis that the prior level of his work in that department

More...   $0 (02-16-2007 - CA)

Barney O. Padgett and Sue Padgett v. R. James Nicholson, Secretary of Veterans Affairs

Barney O. Padgett ("Padgett") is a World War II veteran who died after his appeal of the Board of Veterans' Appeals' denial of his claim for service-connected disability benefits was submitted for decision to the United States Court of Appeals for Veterans Claims, but before the opinion issued. Sue Padgett ("Mrs. Padgett"), his widow, appeals the judgment of the Veterans Court, which withdrew

More...   $0 (01-27-2007 - DC)

Blue Cross and Blue Shield Association v. American Express Company

For many years, American Express has offered credit cards in the color of money. When it added a blue card during the 1990s, trademark litigation erupted. The Blue Cross and Blue Shield Association uses a blue card (with a registered "Blue Card" service mark) for its insurance and related health-care products; it maintained that American Express's blue card would be confused with its off

More...   $0 (11-05-2006 - IL)

General Motors Corporation and AM General, LLC v. Lanard Toys, Inc. and Lanard Toys Limited

The district court, in a trademark and trade dress infringement suit filed against Lanard Toys by General Motors Corporation, granted summary judgment for General Motors on its claims while denying Lanard's motion for summary judgment based on the affirmative defenses of laches and estoppel. Lanard now appeals those decisions. The dispute is over a series of toy vehicles produced by Lanard

More...   $0 (10-26-2006 - MI)

Tallamook Country Smoker, Inc. v. Tallamook County Creamery Association

The Tillamook County Creamery Association, the maker of the Tillamook brand of cheese for nearly a hundred years, has a beef with a company called Tillamook Country Smoker, a purveyor of smoked meats and jerky. In 1976, Tillamook Country Smoker began selling its meat products under its name. The cheese people had actual knowledge of Tillamook Country Smoker's activities, but never said a

More...   $0 (10-12-2006 - OR)

Phillip R. Lierly and Joe Bill Lierly v. Tidewarter Petroleum Corporation

1 Appellant presents two questions of law for certiorari review: 1) Is an oil and gas lessee subject to liability for malicious prosecution for seeking an injunction against the surface owner who interferes with lessee's entry upon the land at a specific location? and 2) Is a defendant entitled to present closing argument on the amount of punitive damages in the second stage of a jury trial eve

More...   $0 (08-12-2006 - OK)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher