The Camero was owned by Reliable Chevrolet, Inc. ("Reliable"). Reliable had ob... More...   $75000 (12-24-2004 - MO)

Plaintiffs, Ann and David Klagge, appeal from a judgment dismissing with prejudice their breach of warranty lawsuit against defendant Hyundai Motor America. On appeal they claim the trial court erred in imposing a sanction prohibiting them from testifying at trial and denying their request for a jury trial. Because their judgment gave plaintiffs all the relief they sought, they are not aggrieve... More...   $0 (11-03-2004 - MO)

Stuart Callahan appeals an order granting a prescriptive easement over a portion of his property to Brick House Café & Pub, LLC, and FlatHD Properties, LLC ("Respondents" or collectively "Brick House") and issuing an injunction against the construction of a fence to enclose his property. Because we determine that Brick House failed to prove by clear and convincing evidence that the use of the p... More...   $0 (10-12-2004 - MO)

Plaintiffs Park Lake Resources (Park Lake) and Park County Mining Association (a not-for-profit corporation whose purpose is to assist miners and mining companies) appeal the dismissal by the district court of their suit against several government agencies and some of their officials. This is not the first time Plaintiffs have brought suit over what is in essence the same issue. We affirm bec... More...   $0 (08-13-2004 - CO)

A shareholder in a company acquired in a merger transaction sued the law firm which represented the acquiring company for fraud. He alleged the law firm concealed the so-called "toxic" terms of a third-party financing transaction, and thus defrauded him into exchanging his valuable stock in the acquired company for "toxic" stock in the acquiring company. The law firm demurred. It contende... More...   $0 (08-04-2004 - CA)

In October 2002, Ten Taxpayer Citizens Group and several additional plaintiffs (together, Ten Taxpayer) filed a lawsuit in Massachusetts state court to prevent Cape Wind Associates from erecting a 197-foot data collection tower in Nantucket Sound. The complaint alleged that Massachusetts state courts had jurisdiction over the project and that Cape Wind had failed to obtain the necessary permits... More...   $0 (06-29-2004 - MA)

The Estate of Shane Spencer, age 27, who died of suffocation while laying on the floor in the booking area of the Tulsa County Jail in October of 2001, claimed that Mr. Spencer's civil rights were violated, 42 U.S.C. 1983, by the Tulsa police officers who arrested him and by the Corrections Corporation of America employees who acted with deliberate indifference to his condition at the time. Sp... More...   $200000 (06-04-2004 - OK)

1 Terri Lemons appeals from a grant of summary judgment to Showcase Motors, Inc., dba Showcase Pontiac-GMC-Mazda (Showcase) on her claims for breach of the implied warranty of merchantability under the Magnuson-Moss Warranty Act, 15 U.S.C. sections 2301- 2312 (1998) (the Act). For the following reasons, we reverse and remand the case to the trial court for further proceedings. FACTUAL... More...   $0 (05-03-2004 - AZ)

In this appeal, we consider whether the circuit court of Cook County erred in denying the motion to dismiss or to compel arbitration filed by Gateway 2000, Inc. (Gateway), in each of three cases seeking, inter alia, damages for breach of express and implied warranties under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (15 U.S.C. §2301 et seq. (1994)), and violation of the... More...   $0 (04-18-2004 - IL)

This appeal arises out of a declaratory judgment action filed by Murphy Exploration & Production Company ("Murphy") against Chevron U.S.A. Inc. ("Chevron") in Union County. Between 1969 and 1987, Chevron and its predecessor in interest, Gulf Oil Corporation, operated an oil and gas lease on a 40-acre tract of land located in Union County. On August 28, 1987, Chevron sold and assigned its lease int... More...   $0 (03-04-2004 - AR)

The first issue, common to both appeals brought on behalf of Moss, is whether a physician's knowing violation of the regulations is merely evidence of professional negligence, or whether the violation establishes negligence as a matter of law. The second issue, relating only to the appeal in A-5053, is whether the physician's conduct constitutes "willful misconduct" as contemplated by the Tort ... More...   $0 (03-01-2004 - NJ)

Claimant Pamela E. Moss appeals the denial of her applications for Social Security disability insurance and supplemental income benefits. After her initial applications, filed in 1996, were denied administratively and upon reconsideration, claimant requested a hearing before an administrative law judge (ALJ). The ALJ concluded that claimant was not disabled, and she brought suit in federal dist... More...   $0 (02-18-2004 - KS)

The factual and procedural background of this case i... More...   $0 (12-30-2003 - MO)

Environmental Law - Administrative Law: This is an appeal by a lobster dealer (Little Bay Lobster Company) and several lobster boat operators based in New Hampshire from a decision of the district court sustaining new federal regulations affecting the plaintiffs. For convenience, we refer to the appellants collectively as "Little Bay" in describing the claims presented on appeal and assume fami... More...   $0 (12-22-2003 - NH)

Daniel J. Voelker appeals from the district court's dismissal of his claims for breach of written warranty and breach of the implied warranty of merchantability under the Magnuson-Moss Warranty Act, ("Magnuson-Moss Act" or "the Act") 15 U.S.C. § 2301.8 et seq., and for various violations of state law. We reverse as to Voelker's claim for breach of written warranty under the Magnuson-Moss... More...   $0 (12-18-2003 - IL)

Defendant, who was indicted for reckless homicide (felony) (720 ILCS 5/9-3 (West 2000)), moved to dismiss the indictment, arguing that it arose from the same facts that were the basis for a previous conviction for reckless driving (625 ILCS 5/11-503 (West 2000)). The trial court denied the motion to dismiss, finding that the charges for each offense arose from separate and distinct acts committ... More...   $0 (12-15-2003 - IL)

This is an appeal after the case was remanded for the district court to determine whether a real estate developer-broker who breached his fiduciary duties to his principal should forfeit all or a portion of the development fee that the developer-broker earned before the breach. The district court awarded the developer-broker 87.5% of his development fee and attorney fees, and the landowners... More...   $0 (12-09-2003 - ID)

This is a wrongful termination case which presents a single issue concerning covenants not to compete. The case comes to us after the defendants' motion for judgment on the pleadings was granted. Thus, on this appeal, we deem true all material facts which were properly pleaded and determine whether the complaint states a cause of action. (Mack v. State Bar of California (2001) 92 Cal.App.4t... More...   $0 (12-08-2003 - CA)

In this case, an automobile passenger was injured in an accident and received payment of medical bills under the medical payment provision of an automobile liability policy covering the driver of the car in which she was riding. The issue presented is whether the passenger is obligated to reimburse the insurer, as required under the policy, for the amount of such payments from proceeds she rec... More...   $0 (11-26-2003 - CA)

Civil Rights Claim - 42 U.S.C. 1983 - Shane Spencer suffocated while laying on the floor of the David L. Moss Corrections Center after being arrested for being publically intoxicated after a night of driving at the Hall of Fame Club on East Admiral on October 24, 2001. Nora Trevino, Shane's mother, claimed that the officers who arrested Shane and the jailers at the David L. Moss Corrections Cente... More...   $200000 (11-07-2003 - OK)

Following a bench trial, defendant Juan Sanchez, Jr., was convicted of aggravated criminal sexual assault. His mandatory nat... More...   $0 (11-04-2003 - IL)

In January 1998, Haight became interested in a 1995 Jeep Grand Cherokee for sale at Dale's Used Cars, Inc. After test-driving the Jeep, confirming that it was covered by an unexpired manufacturer's warranty, and negotiating a deal, Haight made the purchase. As part of the sale contract, Haight submitted a list of items that needed repair, and Dale's agreed to have a local dealer make repair... More...   $0 (10-24-2003 - ID)

In this premises liability and negligence case, we hold that the trial court erred in granting summary judgment in favor of a landowner who owed the Appellants a contractual duty to provide security in a nonnegligent manner. The record reveals triable issues of material fact regarding (1) the scope of the landowner's contractual duty; (2) whether the landowner breached its contractual duty; an... More...   $0 (10-01-2003 - CA)

The cross appeals in this diversity case arise out of a breach of contract. Each party appeals aspects of the district court's post-judgment order. We affirm. Among other things, we hold that the cost-shifting provision of Federal Rule of Civil Procedure 68 does not permit an award of post-offer attorneys' fees when the underlying state statute authorizes an award of attorneys' fees to a ... More...   $103513 (09-09-2003 - ID)

Polaris Industries, Inc. and Randy Ballard d/b/a American Outdoor Power (sometimes collectively referred to as "Polaris") bring this interlocutory appeal from a class certification order in which the trial court certified a class premised upon breaches of the implied warranty of merchantability in the design of personal watercraft ("PWC" or "jet skis"). We reverse the trial court's judgment and... More...   $0 (08-15-2003 - TX)