This is a review of a published court of appeals' decision1 that reversed and remanded the decision of the Milwaukee County Circuit Court, Jeffrey A. Kremers and Jean W. DiMotto, Judges.2 The circuit court granted the defendants' ——Virchow Krause & Company, LLP, and Donald Vilione (collectively hereinafter "the accountants")——summary judgment motion thereby dismissing the claims of the pla... More...   $0 (06-10-2009 - WI)

McCourt Manufacturing Corporation (the Corporation) appeals a judgment entered on a jury verdict in favor of Dave Rycroft, a former employee. The judgment awarded Rycroft $12,498.15 in unpaid commissions and a statutory penalty. The Corporation asserts that the jury verdict is not supported by substantial evidence and that the circuit court erred in submitting to the jury the question of whether a... More...   $0 (06-04-2009 - AR)

Plaintiff Joy Davis1 appeals the district court’s grant of summary judgment to Venture One Construction, Inc. (“Venture One”) on her claim for injuries sustained when, during a remodeling of her employer’s premises, a door, temporarily removed and stored outside of the construction zone, fell on her because it was stored upright and where, if placed there at all, it should have been laid o... More...   $0 (06-03-2009 - MI)

This appeal requires us to answer the question whether a pier in East Providence, Rhode Island, is--as to the parties in this dispute--to be considered real property ("realty") and so subject to the law of easements or, because of an agreement by the parties' predecessors-in-interest, is personal property ("personalty"). Based on a prior decision of the Rhode Island Supreme Court, we affirm the fe... More...   $0 (06-01-2009 - RI)

Plaintiff Sharon Lucero taught English to 12th grade students during the 2003-04 school year. In the summer of 2004, she was assigned to teach English to 7th graders instead. Following her reassignment, Lucero filed discrimination charges against her school system, its administrators, and members of the school board of trustees. Lucero brought eleven separate claims. The district court granted sum... More...   $0 (05-29-2009 - IN)

Appellant State Auto Property & Casualty Insurance Company1 brought a declaratory judgment action in which it sought a determination of the amount of underinsured motorist (UIM) coverage owed to Appellee Pro Design, P.C. At the inception of a single vehicle policy, Appellee signed a form indicating that it waived “stacked” UIM benefits in exchange for a lower premium. Additional vehicles were ... More...   $0 (05-24-2009 - PA)

Tammy J. Adamson appeals on a number of issues arising out of her personal injury suit against Kody J. Bicknell. Bicknell filed a cross-appeal with regard to a pretrial discovery determination made by the district court. For the reasons stated below, we reverse the district court's decision to deny Adamson's motion to amend petition to include punitive damages and accordingly remand for a new tria... More...   $0 (05-15-2009 - KS)

¶1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S. 2001 § 5 to suppor... More...   $0 (05-09-2009 - OK)

This appeal arises out of a storied real estate transaction. Plaintiff and appellant Manhattan Loft, LLC (appellant) purchased certain real property from Sixth & Spring, LLC, subject to an existing lease for a portion of the basement and first floor to Mercury Liquors, Inc. (Mercury). A dispute arose, prompting those with an interest in the lease1 to commence two arbitration proceedings against ap... More...   $0 (05-06-2009 - CA)

Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas & Electric Company (PG&E). Tragically, she came in contact with a live transformer and was electrocuted, suffering serious injuries. She died eleven days later. Erika’s parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846. We affirm.

BACKGROUND... More...   $0 (05-05-2009 - CA)

Appellant Williamson County ("the County") brings this interlocutory appeal from the trial court's denial of its plea to the jurisdiction in a suit for property damages resulting from a collision between appellee Dan Voss's vehicle and a tractor owned and operated by the County. The County asserts on appeal that the trial court erred in denying its plea to the jurisdiction because there is no wai... More...   $0 (05-01-2009 - TX)

[¶1] Maine Central Railroad Co. appeals from a summary judgment in favor
of Frank Connolly and Kathryn McCatherin entered in the Superior Court
(Penobscot County, Murphy, J.) declaring that Connolly and McCatherin possess
an easement over Maine Central property. Because we agree with Maine Central
that, based on the record before it, the court erred in entering the summary
jud... More...   $0 (04-30-2009 - ME)

This case arises out of a collision between a Burlington Northern and Santa Fe Freight (BNSF) train and a truck owned by Dodge City Implement, Inc. (DCI). BNSF filed suit in federal court against DCI and its employee driver, Justin Slattery. After that action was settled, plaintiffs DCI and Slattery pursued this suit against defendants Barber County (County) and Moore Township (Township) under neg... More...   $0 (04-27-2009 - KS)

Plaintiff, Nancy Stamp, brought a personal injury action arising out of a motor vehicle accident and sought a new trial after the jury returned a verdict awarding damages for medical expenses but failing to make an award for pain and suffering or loss of a normal life. The circuit court granted plaintiff’s motion for a new trial on pain and suffering, and loss of a normal life damages limited to... More...   $0 (04-24-2009 - IL)

Petitioner Hydro Resources, Inc. (“HRI”) challenges a February 6, 2007, U.S. Environmental Protection Agency (“EPA”) Land Status Determination, in which EPA concluded that certain land owned by HRI in the “checkerboard” area of northwestern New Mexico—the so-called “Section 8” land—is “Indian country.” EPA’s Determination subjects HRI’s proposed uranium mine to EPA regu... More...   $0 (04-17-2009 - NM)

Darryl Roberson and Leslie Hardy Roberson are neighbors of Larrie and Julie Kitchen. The Robersons and Kitchens share a common gated entrance and driveway leading to their respective properties. Prior to either party's ownership, the lots were once a single parcel. In 1973, the land was subdivided, and an easement for ingress and egress was created benefiting the servient estate, the lot currently... More...   $0 (04-03-2009 - FL)

This matter arises from an automobile accident wherein John Keenan, while intoxicated, crashed into a car driven by Laurie Riley and occupied by her future husband, Gregory Riley. The Rileys both suffered injuries, hers resulting in permanent disability. In addition to seeking dram shop liability against two taverns, Naylor's Liquor & Bar (Naylor's) and Farrell's American Bistro (Farrell's... More...   $0 (04-02-2009 - NJ)

Bay Area Council Boy Scouts of America, a/k/a Bay Area Council, Inc. Boy Scouts of America ("Bay Area Council") appeals from a summary judgment granted in favor of Marvin Leon Myers a/k/a Marvin L. Myers ("Myers") in a trespass to try title action concerning a 111-acre tract of land off of Hamilton Pool Road in Travis County, Texas (the "property in dispute"). Bay Area Council contends that summar... More...   $0 (03-27-2009 - TX)

¶1 This is a review of a published court of appeals' decision1 that affirmed the decision of the Waushara County Circuit Court, Thomas T. Flugaur, Judge. 1 Heritage Farms, Inc. v. Markel Ins. Co., 2008 WI App 46, 309 Wis. 2d 217, 747 N.W.2d 762.

The circuit court concluded that Heritage Farms, Inc.2 could not be awarded double damages and attorney fees pursuant to Wis. Stat. § 26.21(1) (2... More...   $0 (03-27-2009 - WI)

In this case, a physician brings multiple state law and federal due process claims against a hospital and its officials for suspending his staff privileges based on allegations that he had sexually abused his adopted daughter. While the scope of immunity under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., certainly has limits, we think the immunity attaches to defendants und... More...   $0 (03-19-2009 - SC)

In paying Larry Carden monthly benefits under a long-term disability plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), Aetna Life Insurance Company, the insurer and administrator of the plan, offset workers’ compensation benefits that Carden received for an illness unrelated to his disability. Aetna relied on its reading of the plan’s offset provisions and the pla... More...   $0 (03-11-2009 - SC)

Preston W. Kitt and other heirs of Henry Kitt (collectively “Kitt”) appeal from an adverse judgment in an ejectment action instituted against Howard K. Crosby. Kitt first asserts that the trial court should have ruled, as a matter of law, that Kitt owned the disputed property based on a 1944 deed of conveyance and should not have submitted the issue to the jury. Kitt also assigns error to two ... More...   $0 (02-27-2009 - VA)

Plaintiffs in this case include the following parties: 1 Regal-Beloit is a non- California corporation with an office in Beloit, Wisconsin that purchased a cargo of electric motors to be shipped from Shanghai, China to Indianapolis, Indiana; Victory is a corporation authorized to do business in California with an office in Ellsworth, Wisconsin that purchased a cargo of fireworks to be shipped from... More...   $0 (02-17-2009 - C)

Illinois requires rail switching yards built or substantially renovated after February 2005 to include walkways, parallel to each track, for persons who work there. 625 ILCS 5/18c–7401.1; 92 Ill. Admin. Code §1546.10 et seq. Norfolk Southern Railway contends that federal law supersedes this requirement. A federal regulation “covering the subject matter of the State requirement” preempts it.... More...   $0 (02-11-2009 - IL)

This case requires us to determine which federal statute governs “a maritime case about a train wreck,” where the parties’ agreement for carriage of goods from China into the United States by sea and then by rail included a Tokyo forum selection clause that would violate one federal law, but would be enforceable under another. See Norfolk S. Ry. Co. v. Kirby, 543 U.S.14, 18 (2004). Regal-Bel... More...   $0 (02-09-2009 - CA)