In this diversity action, Valley View Angus Ranch, Inc. and its President, Otis Culpepper (plaintiffs), sued Duke Energy Field Services, LP (now known as DCP Midstream, LP), to recover damages for injury caused when Duke’s oil-and-gas pipeline underlying Valley View’s property leaked condensate. Plaintiffs’ amended complaint raised claims for private and public nuisance, trespass, unjust enr... More...   $0 (12-06-2010 - OK)

Appellants Stanley Rochkind, J.A.M. #18 Corporation, and Dear Management & Construction Co., Inc. (collectively “appellants”), appeal the jury verdict in the Circuit Court for Baltimore City in favor of appellee Danielle Finch, next friend of Tyaih Dodd, a minor (collectively “appellee”). Appellants present twelve issues for our consideration, which we have rephrased as such:

I. Whe... More...   $0 (12-03-2010 - MD)

Angela Brescia and Duane Brescia (the “Brescias”) sued Slack & Davis, L.L.P., and attorney Donna Bowen (collectively, “Slack & Davis”or “the law firm”) for negligence, deceptive trade practices, and breach of fiduciary duty in the handling of the Brescias’ underlying medical-malpractice lawsuit. The trial court denied the Brescias’ motion for entry of a discovery-control plan (Leve... More...   $0 (11-24-2010 - TX)

Plaintiffs Brian and Karen Watters sought, among other things, to quiet title to a 1.31 acre triangular piece of farmland conveyed to them by warranty deed on March 15, 2002. The district court, in ruling on the counterclaim of the adjoining property owner Jeffery Medinger, quieted title in the property to Medinger, finding Medinger proved ownership through both acquiescence and adverse possession... More...   $0 (11-24-2010 - IA)

James King ("Defendant") timely appeals a civil judgment for monetary damages entered against him in favor of plaintiffs Larry and Paula Cason ("the Casons") and Donnie and Kelly Hatton ("the Hattons") (collectively, "Plaintiffs") after a bench trial. The suit arose out of work Defendant performed on two septic systems. The judgment awarded the Casons $3,500, representing the cost to repair their ... More...   $0 (11-18-2010 - MO)

Appellant Gene Ludwig appeals from the judgment of the Pulaski County Circuit Court permanently enjoining him from creating a private airstrip on his residential property in a rural area of Pulaski County. We granted certification of this case from the court of appeals because it involves an issue of first impression and an issue of law needing clarification or development. Therefore, our jurisdic... More...   $0 (11-11-2010 - AR)

In this equitable action, the plaintiff, Friends of Animals, Inc., sought a declaration and injunction restraining the defendant, United Illuminating Company, from gassing, killing or capturing monk parakeets (parakeets) that were nesting on power lines and electrical equipment. The plaintiff appeals from the judgment rendered by the trial court when it granted the defendant’s motion to dismiss ... More...   $0 (11-09-2010 - CT)

Appellant Seymour Perkins Sr. appeals the trial court’s affirmation of a board order finding Perkins’s building a nuisance and ordering demolition. The building was subsequently demolished, and Perkins argues this demolition instituted a taking on the part of the City of San Antonio (“the City”). On appeal, Perkins contends the trial court erred: (1) in denying him the right to present e... More...   $0 (11-03-2010 - TX)

Charles Costa, as the owner, and Ronald Scott, as his tenant, seek compensation arising from the demolition of a fire-damaged building and the loss of the personalty contained therein. The trial court granted summary disposition in favor of the City of Detroit (the “City”) and F Moss Wrecking Company (“Moss Wrecking”), finding Costa’s and Scott’s claims were precluded by the doctrines ... More...   $0 (10-21-2010 - MI)

These consolidated appeals involve claims by plaintiff landowners that Pacific Gas & Electric Company (PG&E) engaged in excessive trimming of commercially productive walnut trees located under the utility‟s power lines. The first appeal is taken by plaintiffs William R. Sarale and Julie Ann Sarale from a judgment of dismissal entered by the San Joaquin Superior Court. The second appeal is taken ... More...   $0 (10-15-2010 - CA)

Particularly in these days of rampant foreclosures and short sales, “[t]he manner in which California‟s licensed real estate brokers and salesmen conduct business is a matter of public interest and concern. [Citations.]” (Wilson v. Lewis (1980) 106 Cal.App.3d 802, 805-806.) When the real estate professionals involved in the purchase and sale of a residential property do not disclose to the b... More...   $0 (10-06-2010 - CA)

Numerous plaintiffs sued the City of Florence, Alabama on a governmental tort claim negligence theory claiming that their properties were damaged by methane gas seeping from a closed landfill. They sought damages ranging from $55,000 to $114,000.00. The plaintiffs also claimed that the City of Florence created a nuisance and trespassed on their property.

Plaintiffs' properties were general... More...   $114000 (09-24-2010 - AL)

Michael Browning’s response to a property dispute was, even most charitably regarded, extreme. He threatened his neighbors, David and Brenda Reichles, with violence and punctuated his threats with gunfire. Reichles sued both Michael and his wife. Brownings asked American Family Mutual Insurance Company (American Family) to pay for their defense of Reichles’ claims. When it refused, Brownings s... More...   $0 (09-22-2010 - CO)

Appellees, Lily Gardens, LLC, and its owners, Richard E. Flueckiger and Kenneth B. Leudecke (collectively, the “Defendants”), have filed a motion for rehearing. Appellant, Brookshire Katy Drainage District (the “District”), filed a response to the motion. We grant rehearing and withdraw our opinion and judgment of December 22, 2009 and substitute this opinion and judgment in their place.... More...   $0 (09-10-2010 - TX)

Several owners and former owners of rental properties in St. Paul, Minnesota brought these consolidated actions, challenging the City of St. Paul’s (“the City”) enforcement of its housing code. The property owners appeal the district court’s (1) dismissal of their claims on summary judgment, (2) denial of sanctions for spoliation of evidence, and (3) denial of discovery regarding Appellee ... More...   $0 (09-08-2010 - MN)

David and Margaret Critzer, owners of a townhome in a Cupertino project known as Northpoint, and their neighbor, Jerry Enos, had a dispute concerning a window installed in Enos‟s upstairs bathroom in February 2004. The Critzers ultimately brought suit against Enos, Darien A. Tung (Enos‟s successor-in-interest), and Northpoint Homeowners Association (HOA). After it was assigned out to trial, th... More...   $0 (08-30-2010 - CA)

Plaintiffs Qualified Patients Association (QPA) and Lance Mowdy appeal from a judgment of dismissal entered after the trial court sustained, without leave to amend, the City of Anaheim‟s demurrer to plaintiffs‟ complaint. Asserting the primacy of state law over local law under constitutional and statutory authority (Cal. Const., art. XI, § 7; Gov. Code, § 37100), plaintiffs‟ first cause of... More...   $0 (08-18-2010 - CA)

The issue in this case is whether, following a court’s declaration that an insurer had no duty to defend its insured, the insurer is entitled to reimbursement of the amounts paid for the defense of its insured in the underlying lawsuit. The trial court held that the insurer was entitled to reimbursement, while the Superior Court held that it was not. For the following reasons, we affirm, holdin... More...   $0 (08-17-2010 - PA)

The defendant EAPWJP, LLC (EAP), appeals from the judgment of the trial court recognizing the acquisition of a prescriptive easement over a portion of its property for beach access by the plaintiffs1 and finding that EAP had failed to prove that the placement and maintenance of mooring poles in the water below the mean high tide line of White Beach in Stonington by several of the plaintiffs was a ... More...   $0 (08-17-2010 - CT)

¶ 1. Plaintiffs appeal from a superior court order granting summary judgment to defendant Town of Charlotte. Plaintiffs argue the Town is required to maintain gates and fences along a Town-owned private lane providing access to plaintiffs’ property. The trial court ruled that the Town “has no obligation or duty to erect, maintain, close, or open any gate(s) at either end” of the lane, nor... More...   $0 (08-13-2010 - VT)

On January 13, 2004, while participating in a spinning class at a private fitness center, the handlebars on plaintiff Gina Stelluti's spin bike dislodged from the bike, causing her to fall and suffer injuries. In this appeal we must determine whether plaintiff should be bound to a pre-injury waiver of liability that she executed in connection with her membership application and agreement. We concl... More...   $0 (08-05-2010 - NJ)

Twenty-three plaintiffs sued MJ Harbor Hotel, L.L.C. on negligence, public nuisance and battery theories claiming that they were wrongfully exposed to high levels of carbon monoxide and suffered permanent brain damage while working at Ruth's Chris Steakhouse located the the Pier V hotel on February 2, 2008.

Baltimore City firefighters who responded to the scene testified that the carbon ... More...   $34330000 (08-01-2010 - MD)

The primary issue in this appeal deals with jurisdiction under the Right to Farm Act (Act), N.J.S.A. 4:1C-1 to -10.4, in the context of a private nuisance claim. Defendants Raymond L. Raub, III (Raub) and his wife Gail A. Raub own a 34 acre farm straddling Harmony and Lopatcong Townships in Warren County. In addition to that property, Raub also conducts farming operations on about 120 contigu... More...   $0 (07-30-2010 - NJ)

Eyeblaster, Inc. (“Eyeblaster”) appeals from an adverse entry of summary judgment in its action against Federal Insurance Company (“Federal”) arising out of Federal’s denial of coverage under two insurance policies. A computer user sued Eyeblaster, alleging that Eyeblaster injured his computer, software, and data after he visited an Eyeblaster website. Eyeblaster tendered the defense of ... More...   $0 (07-23-2010 - MN)

The City of Amherst, Ohio sued Janet and Gerald Eschtruth on an eminent domain theory seeking to acquire by condemnation a few feet of land near an underground pump station off West Ridge Road, then upped the amount to $20,000 to avoid taking the matter to trial after the Eschtruths declined the initial offer and countered with $500,000 for the land. The City renovated a pumping station and in th... More...   $0 (07-16-2010 - OH)