Laches Law
 
Stroger, Jr. v. Regional Transportation Authority

In February 2000, plaintiffs, John H. Stroger, Jr., and Bernard Scavella, filed a complaint in the circuit court of Cook County for declaratory and injunctive relief against defendants, the Regional Transportation Authority (RTA), the commuter rail division of the RTA (METRA), and the suburban bus division of the RTA (PACE). The complaint alleged that the statutory procedures contained in the R

More...   $0 (09-19-2002 - IL)

Armstrong v. Snyder

Plaintiff, James Armstrong, an inmate at the Tamms Correctional Center (Tamms), filed a pro se amended complaint (complaint) for mandamus in the Sangamon County circuit court on July 23, 2001. The complaint sought to compel defendant, Donald Snyder, Jr., Director of the Illinois Department of Corrections (DOC), to expunge parts of plaintiff's disciplinary record. Plaintiff's complaint alleged t

More...   $0 (01-31-2003 - IL)

Gile v. Gile

Grace Jeanne Gile (petitioner) filed a petition in the circuit court of Williamson County on June 14, 2000, asking the court to declare that a 1963 decree dissolving the marriage of petitioner and William Butler Gile, Sr., was void because it was not signed by the presiding judge and because it contained no provision for child support. The petition alternatively asked the court to enter an order r

More...   $0 (09-11-2002 - IL)

DeEtta O. Martin v. James S. Brock

Plaintiff, DeEtta O. Martin (Mother), appeals the trial court's judgment ordering Defendant, James S. Brock (Father), to pay [55 P.3d 1096] child support only from the date of filing of Mother's petition to establish Father's paternity of the couple's child, and denying Mother attorney fees and costs. The primary issue on appeal is whether the trial court erred by failing to award child support

More...   $0 (09-18-2001 - OK)

Brown v. Johnson (Hart, J.).

Our issue here is whether the trial court properly interpreted a deed as excluding appellant, Doyle Brown, who is an adopted child, from the remainder interest created by the deed. The facts were stipulated by the parties. In 1945, Charley King and L.C. King, as husband and wife, conveyed certain land in Madison County to their daughter and son-in-law, Thelma Brown and Carl Brown. The deed's grant

More...   $0 (02-19-2003 - AR)

Stronger v. Sorrell

Three years after the trial court awarded custody of the parties’ minor children to the mother, the father filed a Trial Rule 60(B) motion to set aside the judgment on grounds of fraud on the court. The trial court denied the motion, and the Court of Appeals reversed. Having previously granted the mother’s petition to transfer, we now affirm the trial court.

Facts and Proce

More...   $0 (10-07-2002 - IN)

Al Ellis v. City of Dallas

The City of Dallas sued Al Ellis for conversion of money owed to the City for a workers= compensation lien. The trial court entered judgment on the jury verdict, awarding the City $40,857.59[1] for the conversion. The trial court also awarded prejudgment and postjudgment interest. Both parties appeal. We affirm.

Issues Presented

In his brief, Ellis presents four is

More...   $40669 (02-06-2003 - TX)

American States Insurance Company, and Americqan Economy Insurance Company v. Dastar Corporation, an Oregon corpora

Dastar Corporation, Entertainment Distributing, and Marathon Music & Video (collectively "Dastar") appeal the district court's grant of partial summary judgment in favor of American States Insurance Company and American Economy Insurance Company (collectively "American") on the sole issue of whether American owed Dastar a duty to defend in a separate action. Because the parties have engaged

More...   $0 (01-22-2003 - OR)

Profitness Physical Therapy Center v. Pro-Fit Orthopedic and Sports Physical Therapy P.C.

Plaintiff-appellant Pro Fitness Physical Therapy Center ("Pro Fitness" or plaintiff) appeals from the judgment and order of the United States District Court for the Southern District of New York (Alvin K. Hellerstein, District Judge) granting summary judgment in favor of defendant-appellee Pro-Fit Orthopedic and Sports Physical Therapy, P.C. ("Pro-Fit" or defendant) and ordering the parties to ado

More...   $0 (12-24-2002 - NY)

Kenneth A. Schwartz v. Karen A. Murphy, et al.

The defendants, Karen A. Murphy and Kathleen A. Murphy, appeal from the judgment of the trial court, rendered after a trial to the court, determining that a view easement exists over a portion of their property in favor of the plaintiff, Kenneth A. Schwartz, and granting a mandatory injunction ordering the defendants to maintain that easement in accordance with the court's specifications. T

More...   $0 (12-19-2002 - CT)

Katherine Lenares v. Michael Miano

The plaintiff commenced this action on October 23, 2000, alleging that the defendant had breached an oral loan agreement in the amount of $8000 by his refusal to repay the loan. In response, the defendant asserted the special defenses of laches and the statute of limitations.

A trial was held before the referee, who found that on December 23, 1993, the plaintiff had a bank check in the a

More...   $8000 (12-19-2002 - CT)

Macris & Associates, Inc. v. Neways, Inc., et al.

On April 17, 1991, Macris filed suit against Images and Attitude, Inc. (Images), owned by Mowers, claiming breach of contract.(3)

3 On September 1, 1992, Images sold its assets to Neways. Consequently, on February 14, 1995, Macris filed suit against Neways and Mowers, claiming fraudulent conveyance, successor liability, and alter ego, asserting that the transfer of assets from Images to New

More...   $0 (12-02-2002 - UT)

Pure Country, Inc. v. Sigma Chi Fraternity; Sigma Chi Corp.

Pure Country brought this action against Sigma Chi on March 23, 2001, asserting (1) a cause of action for civil contempt alleging that Sigma Chi had violated a court-ordered consent decree, Phi Theta Delta v. J.A. Buchroeder & Co., No. 683 (W.D. Mo. Oct. 17, 1969) (Decree and Order of Dismissal) (hereinafter "1969 Consent Decree"), entered in the United States District Court for the Western Di

More...   $0 (11-27-2002 - MO)

Illinois v. Environmental Waster Resources, Inc.

The plaintiff, the State of Illinois, requested a summary determination that the defendant, Environmental Waste Resources, Inc., (EWR) violated the closure and post-closure requirements of its operating permit when it ceased operations at its facility in Coal City, Illinois. Intervenor United Pacific Insurance Company (United Pacific) requested a judicial determination of its liability under its s

More...   $0 (11-24-2002 - IL)

AM General Corporation and General Motors Corporation v. DaimlerChrysler Corporation

Plaintiffs AM General Corporation (“AM General”) and General Motors Corporation (“GM”) brought a declaratory judgment action in the district court asking the court to find that the front-end grille design of their recently developed H21 sport utility vehicle (“SUV”) does not dilute or infringe upon a trademark held by the Defendant, DaimlerChrysler Corporat

More...   $0 (11-22-2002 - OH)

Thin Van Truong, et al. v. The City of Houston

This case arises from the City of Houston's (Houston) suit to enjoin appellants from any commercial activity on their property. The trial court granted Houston's motion for summary judgment, which sought to enforce a deed restriction encumbering appellants' property. Appellants appeal from the grant of summary judgment. We hold that (1) Houston was acting in its governmental function, and (2) appe

More...   $0 (11-15-2002 - TX)

Thin Van Truong, et al. v. The City of Houston

This case arises from the City of Houston's (Houston) suit to enjoin appellants from any commercial activity on their property. The trial court granted Houston's motion for summary judgment, which sought to enforce a deed restriction encumbering appellants' property. Appellants appeal from the grant of summary judgment. We hold that (1) Houston was acting in its governmental function, and (2) appe

More...   $0 (11-15-2002 - TX)

Jerry A. Berardi, et al. v. Meadowbrook Mall Company, et al.

Jerry A. Berardi (hereinafter referred to as "Mr. Berardi"), Betty J. Berardi, and Bentley Corporation, plaintiffs below/appellants (hereinafter collectively referred to as "the Berardis"), seek reversal of a summary judgment granted to Meadowbrook Mall Company, an Ohio Limited Partnership, and the Cafaro Company (hereinafter referred to as "Cafaro Company"), an Ohio Corporation, defendants below/

More...   $0 (11-07-2002 - WV)

Enoch Richard Smith, etc. v. D.A. Osguthorpe, etc.

l1 D.A. Osguthorpe and the D.A. Osguthorpe Family Partnership (collectively the Osguthorpes) appeal the district court's grant of Enoch Richard Smith's motions for summary judgment and denial of the Osguthorpes' motions for summary judgment, to dismiss, and to amend. We affirm in part, and reverse and remand in part.

BACKGROUND

2 Prior to 1966, Enoch Smith Jr. (Smith)(1) and D.A. Osgu

More...   $0 (11-07-2002 - UT)

Putnam Park Associates v. Fahnestock and Company, Inc.

This is an appeal from a judgment awarding $31,413.27 in liquidated damages to the plaintiff, Putnam Park Associates, for breach of a written lease contract by the defendant, Fahnestock and Company, Inc.. The trial court found that the defendant, who was the tenant under the lease, had breached its duty to pay ‘‘additional rent,'' over and above a base level of rent, to cover certain variabl

More...   $31413 (10-11-2002 - CT)

Nartron Corporation v. STMicroelectronics, Inc.

Nartron is a Michigan corporation with its principal place of business in Reed City, Michigan. Nartron develops and produces advanced electronic devices including sensors, acoustic devices, displays, controls, harnesses and connectors, lamps, flashers and switches.

ST is a Delaware corporation having a principal place of business in Carrollton, Texas.(1) ST manufactures and supplies se

More...   $0 (10-01-2002 - MI)

John H. Stroger, Jr., et al. v. The Regional Transportation Authority, et al.

In February 2000, plaintiffs, John H. Stroger, Jr., and Bernard Scavella, filed a complaint in the circuit court of Cook County for declaratory and injunctive relief against defendants, the Regional Transportation Authority (RTA), the commuter rail division of the RTA (METRA), and the suburban bus division of the RTA (PACE). The complaint alleged that the statutory procedures contained in the R

More...   $0 (09-25-2002 - IL)

Ronald Shields, et al. v. Fort James Corporation

In this case, the plaintiffs, African-Americans, claim that they were subjected to racial harassment in the workplace, and thus a hostile work environment, from 1981 through the filing of their suit in August 1999, and they seek damages from their employer under 42 U.S.C. § 1981. The employer denied the harassment; alternatively, as an affirmative defense, it contended that, at most, the plaintiff

More...   $0 (09-20-2002 - AL)

Richard Moore, et al. v. Morris "Buzz" E. Weeks, et ux.

Richard and Mary Moore, Harold Offield, and Joyce Scott (Plaintiffs) are neighboring property owners in the Merle Jones Addition subdivision located in Chillicothe, Missouri. Plaintiffs sued Morris and Cherri Weeks, also property owners in the subdivision, to enforce restrictive covenants prohibiting the Weeks' use of their land for business purposes and to recover damages for nuisance. The trial

More...   $0 (09-19-2002 - MO)

Securtex, Inc. v. County of Gregg

Securtec, Inc., appeals the trial court's order granting summary judgment in favor of Gregg County on Securtec's claims seeking declaratory relief and damages as a result of Gregg County's alleged violations of the bidding laws of the State of Texas.

Securtec contends the trial court erred in dismissing Securtec's requests for declaratory judgment under the mootness doctrine and its claim f

More...   $0 (08-22-2002 - TX)

Next Page

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