Statutory law permits a condominium homeowners association to bring a construction defect action with respect to damages to the condominium complex. (Civ. Code, § 1368.3; see also former Code Civ. Proc., § 383, repealed by stats. 2004, ch. 754, § 7, p. 4473.) When an action is filed, can an insurer under an occurrence-based commercial general liability policy avoid providing a defense to ... More...   $0 (08-03-2006 - CA)

Wayne and Suzanne Hallowell and Merrill and Betty Mest are dairy farmers whose cows suffered from various ailments over the course of twenty years before being diagnosed with fluorosis in 1999.1 Upon learning the cause of their cows' symptoms, the Hallowells and the Mests sued Cabot Corporation and Cabot Performance Materials (collectively, "Cabot") alleging, among other things, that Cabot... More...   $0 (06-01-2006 - PA)

CSAA is the homeowners' insurance ... More...   $0 (04-13-2006 - CA)

Plaintiffs-Appellants Barbara Toomer and the Disabled Rights Action Committee (collectively, "DRAC") appeal from the district court's grant of summary judgment in favor of Defendants-Appellees City Cab Company, Inc., Ute Cab Company, Inc., and Yellow Cab Drivers Association Inc. (collectively, "Cab Companies"), arising from DRAC's claim that the Cab Companies operated in violation of Title III ... More...   $0 (04-06-2006 - UT)

1 Plaintiffs, NOCO Investment Co., Inc. (NOCO), NBI Services Inc. (NBI), and the Fleet Osborn Gilcrease Unit (Unit), appeal from the trial court's orders entering judgment on a jury verdict finding Defendants Eugene Ward and Jack Longstreet c/o Lea Ward Trust Management Entities are entitled to more than $90,000.00 in damages related to Plaintiffs' use of Defendants' land, and awarding Defendan... More...   $0 (03-03-2006 - OK)

This case concerns the intersection of two First Amendment rights: on the one hand, the classic right of an individual to speak in the town square; on the other hand, the interest organizations have in not being compelled to communicate messages not of their choosing. Plaintiff Edward Gathright is an evangelical Christian who preaches outdoors to the general public. In recent years, he has... More...   $0 (03-01-2006 - OR)

This case concerns the intersection of two First Amendment rights: on the one hand, the classic right of an individual to speak in the town square; on the other hand, the interest organizations have in not being compelled to communicate messages not of their choosing. Plaintiff Edward Gathright is an evangelical Christian who preaches outdoors to the general public. In recent years, he has... More...   $0 (03-01-2006 - OR)

Rhode Island sued Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC. for injuries and damages sustained by children in the state who were exposed to lead based paints manufactured by the defendants that cause neurological damage. The lawsuit against the defendants was based on a public nuisance theory and asserted that the lead in the paint sickened tens of thousands ... More...   $1 (02-23-2006 - RI)

A contribution claim under Washington's Model Toxics Control Act (MTCA) for recovery of cleanup costs against other potentially liable persons must be brought within three years 'from the date remedial action confirms cleanup standards are met.'1 While the Legislature broadly defines 'remedial action,' it did not define what action 'confirms' when cleanup standards are met. Pacific Sound... More...   $0 (01-07-2006 - WA)

[1] Appellants, Cecil Cundy and Sundance Mountain Resort, Inc. (collectively Cundy), seek review of summary judgment orders issued by the district court. Those orders prohibited Cundy from interfering with the existing rights-of-way enjoyed by Appellees, Range Telephone Cooperative, Inc. (Range Telephone) and Union Telephone Company (Union Telephone), across lands owned by Cundy. We will affirm... More...   $0 (12-01-2005 - WY)

Class action claims by plaintiffs who claimed that they were harmed by a October 1994 chemicl release from the Clark Refining and Marketing refinery in Blue Island, Illinois. Forty-eight Eisenhower High School students were hospitalized by the chemical releasse. Other plaintiffs asserted property damage and nuisance claims against the defunct refinery.... More...   $120000000 (11-22-2005 - IL)

Plaintiff, the City of Chicago (the City), appeals from an order of the circuit court of Cook County, levying fines against defendant, Elevated Properties, LLC, a/k/a Elevated Properties (Elevated), for violations of sections 13-12-125 (Vacant Buildings Ordinance) and 13-12-130 (Unsafe Buildings Ordinance) of the Chicago Municipal Code (Code)(Chicago Municipal Code §§13-12-125, 13-12-130 (2000)... More...   $0 (11-02-2005 - IL)

The City o... More...   $600000 (10-18-2005 - MT)

This is an appeal by plaintiffs Alice Jaasma and the Trust of Ralph McEwan (hereinafter "Jaasma") from an order of the District Court granting judgment as a matter of law against Jaasma pursuant to Fed. R. Civ. P. 50(a), because Jaasma had not established that the defendants, Shell Oil Company (Shell) and its assignee, Motiva Enterprises, LLC (Motiva) had breached their obligations under ... More...   $0 (06-30-2005 - NJ)

The petitioners, Anthony Roti, Karen Roti, Paul Rosenstrock, and Leslie Weber, filed a complaint with the Illinois Pollution Control Board (the Board), alleging that the respondent, LTD Commodities, had committed various acts of noise pollution. Following a hearing, the Board determined that LTD had violated the noise nuisance provisions of section 24 of the Illinois Environmental Protection Ac... More...   $0 (02-17-2005 - IL)

Plaintiff, Donna McCarthy, brought this premises liability action against defendants, Victor Kunicki and Pam Averi, for injuries sustained by her daughter, Jessica McCarthy, when she slipped and fell on the basement stairs at defendants' home. Following trial, the jury returned a verdict in favor of defendants. On appeal, plaintiff contends the circuit court erred in: (1) striking her causes of... More...   $0 (02-17-2005 - IL)

The petitioners, Anthony Roti, Karen Roti, Paul Rosenstrock, and Leslie Weber, filed a complaint with the Illinois Pollution Control Board (the Board), alleging that the respondent, LTD Commodities, had committed various acts of noise pollution. Following a hearing, the Board determined that LTD had violated the noise nuisance provisions of section 24 of the Illinois Environmental Protection ... More...   $0 (02-14-2005 - IL)

A number of California cities and counties filed an action on behalf of the general public against manufacturers, distributors and retailers of handguns and their trade associations, asserting that their conduct of distributing firearms in a manner that enables criminals to acquire the firearms constituted a public nuisance and a pattern of unlawful, unfair and deceptive business acts and... More...   $0 (02-11-2005 - CA)

Donald Cook challenges a City of Buena Park (City) ordinance obliging landlords to undertake eviction proceedings against "all occupants" of a rental unit when the chief of police suspects a tenant has engaged in or permitted illegal drug activity, gang-related crime, or a drug-related nuisance in or near the rental property. Because the ordinance imposes on landlords a substantial risk o... More...   $0 (02-01-2005 - CA)

[¶1] A. William Lucas appealed a district court judgment entered November 10, 2003, and memorandum opinions and orders dated July 15, 2002; October 29, 2002; January 21, 2003; April 28, 2003; July 29, 2003; September 10, 2003; and October 6, 2003, in an action by Riverside Park Condominiums Unit Owners Association ("Association") to enforce a pet restriction. The Association cross-appealed from a... More...   $0 (01-25-2005 - ND)

Plaintiffs and appellants Joel Andrews and Telma Maria Andrews appeal a judgment following a grant of summary judgment in favor of defendants and respondents Mobile Aire Estates (Mobile Aire), Sierra Management LLC (Sierra), and William McGregor-Leyland (Leyland), Valerie Parker (Parker), Jose De Jesus (De Jesus), Christian Tovar (Tovar), Christa De La Parra (De La Parra) and Janis Miller... More...   $0 (01-04-2005 - CA)

LSHS leased commercial property in Los Angeles to operate an adult cabaret known as The Blue Zebra, which showcased nude female dancers. When LSHS took over the property, it assumed 20 land use restrictions imposed by the City of Los Angeles on the property's previous tenant, who had unsuccessfully tried to operate an adult cabaret on the site. The city had imposed the conditions in order... More...   $0 (01-03-2005 - CA)

Fourteen residents of Mobile County, Alabama who lived near the IPSCO Steel Co. plant brought nuisance, negligence and wantonness associated with excessive noise and particulate soot material claims. The plaintiffs introduced photographs of blackened lawn furniture to prove that their properties were being blanketed with pollutants coming from the defendant's plant. They claimed that the area... More...   $2300000 (11-24-2004 - AL)

We must decide whether a statute that allows suits for damages resulting from pollution creates a cause of action imposing liability without proof that the defendant caused the pollution, or merely modifies existing common law causes of action, which require proof of causation. In the decision below, the First District Court of Appeal held that the statute creates a cause of action for st... More...   $0 (10-12-2004 - FL)

2 that statement just in case any reader mi... More...   $150000 (09-28-2004 - CA)