Emmett S. Muldoon v. C.J. Muldoon & Sons, et al. |
Emmett S. Muldoon appeals from the district court's dismissal of his action for benefits under section 510 of the Employees Retirement Income Security Act (ERISA), 29 U.S.C. § 1140, as time-barred (No. 01-1516) and from the district court's denial of his subsequent motion to amend the judgment (No. 01-1845). The two appeals have previously been consolidated by order of this court. Because Cong $0 (01-28-2002 - MA) |
Chrysler Financial Co. v. Falter |
Suzanne Falter appeals from the order of Judge Thomas Sazama denying her request for attorney fees under the Wisconsin Consumer Act (WCA) and the order of Judge Richard Stafford denying her motion for reconsideration. The sole issue on appeal is whether Falter obtained a significant benefit entitling her to attorney fees when she successfully required Chrysler Financial Company to amend its small $0 (01-08-2002 - WI) |
Rick Kenyon d/b/a The First Resort v. Claude Abel |
This dispute concerns the ownership of a painting by the noted Western artist Bill Gollings. Rick Kenyon (Kenyon) purchased the painting, valued between $8,000 and $15,000, for $25 at a Salvation Army thrift store. Claude Abel (Abel) filed suit against Kenyon seeking return of the painting, which had belonged to his late aunt. Abel claimed that the Salvation Army mistakenly took the painting fro $0 (12-28-2001 - WY) |
Daryll Richardson, et al. v. Ronald Lee McKnight |
The issue before us is whether prison guards who are employees of a private prison management firm are entitled to a qualified immunity from suit by prisoners charging a violation of 42 U.S.C. § 1983. We hold that they are not. Ronnie Lee McKnight, a prisoner at Tennessee's South Central Correctional Center (SCCC), brought this federal constitutional tort action against two prison guards, D $0 (06-23-1997 - TN) |
Paul Suttofn v. Mike Snider and Marble Pierce Enterprises, L.L.C. d/b/a Super Bikes |
1 Plaintiff/Appellant Paul Sutton appeals from summary judgment entered in favor of Defendant/Appellee Mike Snider in Sutton's action to replevin a motorcycle. The trial court also granted a summary declaratory judgment that Snider is the legal owner of the motorcycle. Because we find no substantial controversy of material fact, and that Snider was entitled to judgment as a matter of law, we affir $0 (08-24-2001 - OK) |
Clearly Canadian Beverage Corp. v. American Winery, Inc., et al. |
When one company’s fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity. Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation (“Clearly Cana $0 (07-30-2001 - MO) |
Clearly Canadian Beverage Corp. v. American Winery, Inc., et al. |
When one company’s fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity. Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation (“Clearly Ca $0 (07-30-2001 - MO) |
Clearly Canadian Beverage Corp. v. American Winery, Inc., et al. |
When one company’s fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity. Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation (“Clearly Ca $0 (07-30-2001 - MO) |
Marcum v. Wengert |
This case is here on a petition for review filed by Appellants Rick Marcum, individually and as President of Phi Kappa Tau Housing Corporation, Anthony Capo, individually and as Vice President of Phi Kappa Tau Housing Corporation, and Phi Kappa Tau Housing Corporation (PKT Housing Corporation).1 The appellants appeal the trial court'sdetermination that they were not the prevailing parties and deni $10500 (03-08-2001 - AR) |
DCB, Inc., d/b/a Granite Leasing v. Verticon Handling Technologies, Inc. |
Breach of Contract: Defendant breached a lease agreement pertaining to computer equipment in which defendant executed an unconditional personal guarantee. Defendant breached the agreement by allowing the leased equipment to be seized by creditors. Plaintiff had to recover the seized equipment through a replevin action. $6024 (02-26-2000 - NE) |
Harrison, Inc. v. Arlen Lowrance |
Plaintff filed replevin action to recover manufacturing equipment. Plaintiff also brought claims for conversion, delaratory judgment, and interference with business relationship. Plaintff sought actual damages arising from the alleged unlawful detention of the manufacturing equipment. Defendant denied all claims and asserted the manufacturing equipment was owned by him by virtue of a lease ag $250000 (02-11-2000 - OK) |
Quinn Brothers, Inc. v. David Whitehouse, d/b/a East Coast Rent-A-Fence |
Breach of Contract - The plaintiff is a Massachusetts corporation engaged primarily in the business of steel fabrication and steel erection. The plaintiff entered into a public works contract with the Massachusetts Turnpike Authority to install chain link fencing along the Massachusetts turnpike. Not being in the fence $61000 (09-08-1999 - NH) |
Rogerson Hiller Corporation, a California corporation and Aerobond Corporation, a Michigan corporation v. Port of Port Angeles, a Washington municipal corporation; W. Joe Hawe, Sheriff of Clallam County, Washington |
Declaratory relief - Conversion - Replevin - The Port of Port Angeles seized equipment from Aerocomposites after they defaulted on lease payments and conducted a sheriff's sale of the equipment. Michael Rogerson announced at the sale that Aerobond, another Rogerson corporation, actually owned the equipment. The sale continued and Northwest Composites, Inc. purchased the equipment for $180,000. $473635 (08-20-1999 - WA) |
John S. Clark v. Escue Auction, et al. |
Storage - Farm Equipment - Bankruptcy - In September 1988 Cherokee State Bank (the bank) obtained a writ of replevin and had the sheriff take possession of certain personal property of Clark's on September 6, 1988. The personal property included approximately forty-five pieces of farm equipment. The bank and Frank Escue (Escue) ag $30580 (10-15-1999 - IA) |
Mid-South Road Builders, Inc., and M. Gregory Jackson v. Sunrise Enterprises, Inc., Kenney Cain, John Smith and Doris Butler |
Plaintiffs filed suit for replevin and conversion of various items of road-building equipment that had been stored on Butler's property pursuant to an agreement between Jackson and Butler's husband, the late Dr. John Butler. Butler counterclaimed for rent that Plaintiffs allegedly owed her in exchange for storing the equipment. $0 (03-18-1999 - AR) |
Jack Baker v. Gordon Shryock |
Replevin of multi-track recording. $0 (05-03-1999 - OK) |
International Fidelity Insurance Company v. Prestige Rent-A-Car, Inc., et al. |
Breach of Contract - Advantage, a New York corporation, entered into an automobile lease agreement with Prestige, a Florida corporation. Approximately seven months after the lease was executed, Advantage filed suit against Prestige. Advatange claimed that Prestige had breached the parties' lease agreement by failing to make the required payments. The complaint set forth two counts of alleging b $1018183 (07-24-1998 - FL) |
Kickham v. Gardocki |
Replevin action - plaintiff claimed that storage facility owners did not have a right to sell his boat and trailer due to unpaid storage fees. Plaintiff claimed on several occasions he tried to check on the boat but the facility was locked and unattended. $600000 (04-07-1998 - MO) |
Rivera v. Crown Auto World |
Replevin action by Plaintiffs seeking the return of their automobile which they had traded for a new 1996 Jeep plus damages for the detention and attorney fees and costs. Plaintiffs claimed that the sales agreement was procured thru fraud or mutual mistake. Crown claimed that the parties had a contract and sought to enforce the contract and recover on the check that Plaintiffs had written for $0 (09-22-1997 - OK) |