Jason Jenkins v. Occidental Chemical Corporation |
Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial court erred in $0 (02-14-2013 - TX) |
David James Miller v. Flintco Companies, Inc. d/b/a Flintco Constructive Solutions |
David James Miller sued Flintco Companies, Inc. d/b/a Flintco Constructive Solutions and Oakridge Builders, Inc. on negligence theories claiming: |
Riverside Gardens v. First American Title & Abstract Company |
Riverside Gardens, et al. sued First American Title & Abstract Company, et al. on breach of contract and other legal theories claiming: |
Tiela Chalmers v. Lisa Hirschkop |
Tiela Chalmers and Michael F.,1 the biological parents of Eliana F., entered into a contract to share custody of Eliana. At the time of Eliana‟s birth, Tiela was in a relationship with Lisa Hirschkop. In 2008, after Tiela and Lisa had terminated their relationship, Lisa filed a request as a stepparent pursuant to Family Code section 3101 for visitation with Eliana.2 The court‟s order on Octobe $0 (01-30-2013 - CA) |
Spring Lake NC, LLC v. Tony Holloway |
The appellants, collectively referred to as "Spring Lake," appeal an order denying their motion to compel arbitration in a wrongful death action arising from Jessie V. Holloway's stay at Spring Lake's rehabilitation center. The trial court refused to enforce the arbitration agreement that Ms. Holloway signed when she entered the center. We must reverse this order. |
Wendy G. Smith v. Time Customer Services and Travelers |
In this workers’ compensation appeal, Claimant argues that the Judge of Compensation Claims (JCC) erred by entering summary final judgment in favor of the Employer/Carrier (E/C) because a genuine issue of material fact remained unresolved as to Claimant’s petition for benefits (PFB) of March 7, 2012, and the JCC erred in denying Claimant’s claims for penalties, interest, costs, and attorney $0 (01-31-2013 - TX) |
Brent McDonald v. Franklin Credit Management Corporation |
Brent McDonald, Charlie McDonald, and Elaine McDonald (collectively the McDonalds) appeal the summary judgment granted in favor of Franklin Credit Management Corporation (Franklin). In a single issue, the McDonalds argue for reversal of the summary judgment. We affirm. |
Tracy R. Smith v. Robert F. Hines, M.D. |
Tracy R. Smith sued Robert F. Hines, M.D., Oklahoma Sports Science & Orthopaedics, PLLC and St. Anthony Ambulatory Surgical Center, LLC on medical negligence (medical malpractice) theories claiming: |
Katha Cinnamon v. Unique Designs Studio and More, LLC |
Katha Cinnamon sued Unique Designs Studio and More, LLC on a breach of contract theory claiming: |
Donald Garner v. Foremost Insurance Croup |
Donald Garner sued Foremost Insurance Croup and Tommy L. Thomas on strict liability theories claiming: |
David A. Roccato v. Therapy In Motion, P.C. |
David A. Roccato sued Therapy In Motion, P.C. on a medical negligence (medical malpractice) theory claiming: |
John Koo-Hyun v. David Evans |
On April 12, 2011, appellant John Koo-Hyun Kim filed a notice of appeal complaining of several of the trial court’s orders, as well as the trial court clerk’s refusal to accept Kim’s filings after he was determined to be a vexatious litigant, which stayed the underlying proceeding and barred Kim from filing further proceedings without leave of court.1 See Tex. Civ. Prac. & Rem. Code. Ann. § $0 (01-31-2013 - TX) |
Bethel World Outreach v. Montgomery County Council |
Bethel World Outreach Ministries brought this action asserting that Montgomery County’s zoning regulations, which prevented Bethel from constructing a church, violated the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), the United States Constitution, and the Maryland Declaration of Rights. The district court granted summary judgment to the County on all claims. For the reasons $0 (01-31-2013 - MD) |
Wallace Beaulieu v. Minnesota Department of Human Services |
Wallace Beaulieu, an enrolled member of the Leech Lake Band of Ojibwe, was civilly committed to the Minnesota Sex Offender Program (“MSOP”) in 2006 as a Sexual Psychopathic Personality (“SPP”) and a Sexually Dangerous Person (“SDP”). Beaulieu is currently confined to the MSOP secure treatment facility in Moose Lake, Minnesota, operated by the Minnesota Department of Human Services. On $0 (01-30-2013 - MN) |
Association of New Jersey Rife and Pistol Clubs, Inc. v. Governor of the State of New Jersey |
The Association of New Jersey Rifle and Pistol Clubs, Inc., Bob‘s Little Sport Shop, and several individuals (―Appellants‖) appeal the District Court‘s dismissal of their claims against Appellees –– the Governor of New Jersey, the Attorney General of New Jersey, the Superintendent of the New Jersey State Police, and the City of Hackensack 1— and the District Court‘s denial of Appel $0 (01-30-2013 - NJ) |
Boulevard Bank v. Herb Malott |
Herb Malott appeals from a judgment dismissing his claim that Boulevard Bank failed to comply with statutory notice requirements before selling Malott‟s automobile, in which the Bank held a security interest. Because the Bank‟s pre-sale notice failed to adequately advise Malott of the method of intended disposition of the vehicle, as required by §§ 400.9-613 and .9-614,1 we reverse, and rema $0 (01-29-2013 - MO) |
Annette Lloyd Davidson v. Joseph Lloyd Soelberg |
Joseph Lloyd Soelberg appeals from the entry of summary judgment in favor of Annette Lloyd Davidson on a claim for a breach of a divorce settlement contract that required Soelberg to make monthly spousal support payments to Davidson. Soelberg asserts that summary judgment was erroneous for various reasons, all relating to whether the underlying contract was merged into the parties’ divorce decre $0 (01-24-2013 - ID) |
Kootenai County v. Peggy Harriman-Sayler |
Kootenai County (the County) and Panhandle Health District No. 1 (the District) filed an action against Peggy Harriman-Sayler1 and Terry Sayler, seeking injunctive relief to prevent Sayler from operating a recreational vehicle (RV) park without a conditional use permit, from occupying or using a building without a certificate of occupancy, and from operating a subsurface sewage system without a pe $0 (12-20-2012 - ID) |
CDA Dairy Queen, Inc. v. State Insurance Fund |
CDA Dairy Queen, Inc. and Discovery Care Centre, LLC of Salmon (collectively, Dairy Queen) filed a class action against the Idaho State Insurance Fund (SIF) seeking a declaratory judgment that SIF violated Idaho Code § 72-915 by failing to distribute premium rate readjustments on a pro rata basis. The district court granted SIF’s motion for summary judgment, finding that the Idaho Legislature $0 (01-23-2013 - ID) |
Judy K. Kelly v. City of Albuquerque |
The City of Albuquerque, Martin Chavez, and Robert White (collectively, the “City”), appeal a jury verdict finding that they retaliated against Plaintiff - Appellee Judy Kelley, formerly an Albuquerque assistant city attorney, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the New Mexico Human Rights Act (“NMHRA”), N.M. STAT. ANN. § 28-1-1 et se $0 (09-17-2008 - NM) |
Ken Hoagland v. Bill Butcher |
In two issues, appellant Ken Hoagland challenges the trial court’s order granting appellees’ special appearance and dismissing the underlying case. We hold Hoagland pleaded jurisdictional facts that appellees committed tortious acts in Texas and appellees did not present evidence negating every basis for jurisdiction. We thus reverse the trial court’s order and remand this case for further p $0 (01-26-2013 - TX) |
CBS Outdoor, Inc. v. Larry E. Potter |
CBS Outdoor, Inc. appeals the trial court’s rendition of judgment after a jury trial on Larry E. Potter’s claim of breach of contract against CBS Outdoor. In eight issues, CBS Outdoor argues (1) the trial court erred in granting Potter’s motion for summary judgment on liability and denying its cross-motion for summary judgment claiming that Potter’s breach of contract claim was barred by r $0 (01-25-2013 - TX) |
Michael Dewayne Smith v. State of Oklahoma |
¶1 This matter is before the Court on Petitioner Michael Dewayne Smith's second application for post-conviction relief, motion for discovery, and motion for evidentiary hearing. A jury convicted Smith in 2003 in the District Court of Oklahoma County, Case No. CF-2002-1329, of the first degree murders of Janet Moore and Sarath Pulluru. The jury assessed a sentence of death for each murder.1 Since $0 (11-05-1010 - OK) |
North Fork Special Service District v. Robert Bennion |
¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78B‐5‐825. See Utah Code Ann. § 78B‐5‐825 (LexisNexis 2012). We vacate the judgment and re $0 (01-04-2013 - UT) |
United States of America v. Terrence Rutland |
Does the operation of a drug business out of your home involve interstate commerce? In this case, Terrence Rutland was convicted in federal district court on robbery, narcotics, and firearm charges. Rutland contends his federal conviction for robbery and use of a firearm during a violent felony are invalid, arguing that the robbery of a drug dealer at his home did not interfere with interstate com $0 (01-22-2013 - WY) |
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