Mark A. Van Gelder v. June M. Johnson |
Divorcing parents were required by a dissolution decree to engage a parenting consultant to resolve parenting disputes. The father sued the parenting consultant for negligence and breach of contract for her parenting-consultant decisions. The district court entered summary judgment dismissing the suit, holding that the consultant was entitled to quasi-judicial immunity. We hold that the district c $0 (10-22-2012 - MN) |
R.J. Reynolds Tobacco Company v. Stella Koballa |
We grant the motion for written opinion, withdraw our previous per curiam |
Melody Carson v. Mercury Insurance Company |
Soon after purchasing her first new car, Melody Carson was involved in an automobile accident with a third party, who was at fault and who was insured. At the time of the accident, Carson‟s vehicle had a market value of $25,000. Her automobile insurance policy with Mercury Insurance Company provided it had the option of repairing or paying for Carson‟s vehicle, subject to several express liabi $0 (10-27-2012 - CA) |
Keith Fullington v. EQuilon Enterprises, LLC |
This appeal arises out of one of a series of suits between defendant Equilon Enterprises LLC (Equilon) and plaintiff Keith Fullington (Fullington), a former Equilon franchisee. Fullington appeals the summary adjudication for Equilon of causes of action for fraud and violation of Business and Professions Code section 21148. We reverse. |
Jerry Vernon v. William Perrien |
On May 5, 1992, Rene Vernon executed a warranty deed transferring title to certain real property to Raymond W. Shaw. The property is described as Tract Three-B-Thirty-Four (3-B-34), W.F. Hagan Survey, No. 146, in El Paso County (the “Property”). On the same date, Ms. Vernon sent a letter to Judy Paul at 333 Holguin in Vinton, Texas, stating: |
Randall Scott Waldman v. Ronald B. Stone |
Ron Stone, a Chapter 11 debtor-in-possession, brought this adversarial proceeding in bankruptcy court against his principal creditor, Randall Waldman. After a trial, the bankruptcy court found that Waldman had obtained nearly all of Stone’s business assets by means of fraud. As relief, the court discharged the debts that Stone owed to Waldman, and awarded Stone more than $3 million in compensato $0 (10-26-2012 - KY) |
Dorothy Ollie v. Plano Independent School District |
Dorothy Ollie brought breach of contract and tort claims against the Plano Independent School District (PISD), Tamira Griffin, individually and as the PISD’s Executive Director of Human Resources, Douglas Otto, individually and as the PISD’s Superintendent of Schools, and Tammy Richards, individually and as President of the PISD’s Board of Trustees, based on the termination of Ollie’s empl $0 (10-25-2012 - TX) |
Richard A. Haase v. GIM Resources, Inc. |
In this fraud case, Richard Haase appeals the trial court’s summary judgment order in favor of GIM Resources, Inc. and Chris Bloch (collectively, GIM). On appeal, Haase contends that the trial court erred in (1) granting summary judgment in favor of GIM on Haase’s fraud claim, (2) denying his motion to compel production, and (3) denying Haase his right to a jury trial. Finding no error, we aff $0 (10-25-2012 - TX) |
Bridget Smith v. Rail Link, Inc. |
Plaintiff-Appellant Bridget Smith worked for Rail Link, Inc. (“Rail Link”) as a freight operator at the Belle Ayre Mine in Wyoming. She was injured on the job, and subsequently sued Rail Link and its corporate parent Genessee & Wyoming, Inc. (“GWI”) in federal district court, asserting that the companies were liable for her injuries under the Federal Employers Liability Act (“FELA”). F $0 (10-24-2012 - WY) |
ConocoPhillips Company v. Patrick H. Lyons |
{1} This litigation stems from a dispute over the proper calculation of royalty payments on state oil and gas leases. In New Mexico, the Commissioner of Public Lands (Commissioner) “is hereby authorized to execute and issue in the name of the state of New Mexico, as lessor, leases for the exploration, development and production of oil and natural gas, from any lands belonging to the state of New $0 (08-24-2012 - NM) |
Planned Parenthood of Indiana, Inc. v. Commissioner of Indiana State Department of Health |
In 2011 Indiana adopted a law prohibiting state agencies from providing state or federal funds to “any entity that performs abortions or maintains or operates a facility where abortions are performed.” IND. CODE § 5-22-17-5.5(b). The Hyde Amendment already forbids states from using federal funds to pay for most nontherapeutic abortions; Indiana has a similar ban on the use of state funds. The $0 (10-23-2012 - IN) |
Equal Employment Opportunity Commission v. KarenKin, Inc. |
This case requires us to determine whether a district court abuses its discretion where, in the face of egregious acts of sexual harassment perpetuated by a single employee, it declines to order injunctive relief directed toward ensuring that that individual is no longer in a position to continue his harassing conduct. We conclude that it does. |
Sola Salon Studios, Inc. v. Cecilia Heller |
This case arises from various disputes between a landlord and tenant. The landlord is Ms. Heller, the counterclaimant-appellant herein, and the tenant is Sola Salon Studios, Inc. (“Sola”), the appellee herein. Only one of the parties’ many claims and counterclaims is before this court. All that is left for our resolution is a determination *This order and judgment is not binding precedent, e $0 (10-22-2012 - CO) |
Farm Bureau Mutual Insurance Company of Idaho v. Michael John Eisenman |
This appeal arises from a declaratory judgment action brought by Farm Bureau Mutual Insurance Company of Idaho (Farm Bureau). Farm Bureau commenced the action in response to a claim for insurance benefits filed by the personal representatives of the estate of a deceased policyholder (the Estate). Farm Bureau requested a judgment declaring that the Estate is not an “insured” under the decedent $0 (09-19-2012 - ID) |
Cornus Corporation v. Geac Enterprises Solution, Inc. |
2 Plaintiff filed an action in state court for damages arising out of a software |
Estate of Wilbur Waldo Lynch |
This is the second appeal considered by this court in relation to a will contest involving the Estate of Wilbur Waldo Lynch. In the first appeal, this court upheld the jury’s verdict that: (1) Waldo lacked testamentary capacity and was unduly influenced when he executed a will in 2003; and (2) Tracy Lynch, Waldo’s daughter who was the executrix named in the 2003 will, did not act in good faith $0 (10-17-2012 - TX) |
Doug Lair v. Steve Bullock |
Since 1994, Montana has regulated the amount that individuals, political committees, and political parties can contribute to candidates for state office. Mont. Code Ann. § 13-37-216, as adjusted by Admin. R. Mont. § 44.10.338.1 In 2003, we upheld this provision against a constitutional challenge based on Buckley v. Valeo, 424 U.S. 1 (1976), and Nixon v. Shrink Missouri Government PAC, 528 U.S. 3 $0 (10-15-2012 - MT) |
Jesse Meyer v. Portfolio Recovery Associates, LLC |
Portfolio Recovery Associates, LLC (PRA) appeals the September 14, 2011 district court order granting Jesse Meyer’s motion for a preliminary injunction and provisional class certification. Meyer’s complaint alleged that PRA’s debt collection efforts violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. The district court’s preliminary injunction restrained PRA from using $0 (10-12-2012 - CA) |
The Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Thomas C. Horne |
¶1 In this case we are asked to answer a certified question from the United States Court of Appeals for the Tenth Circuit concerning the preclusive effect of a decision like that in Funda-mentalist Church of Jesus Christ of Latter-Day Saints v. Lindberg, 2010 UT 51, 238 P.3d 1054. The state law question presented focuses specifically on whether our ―discretionary review of a petition for extrao $0 (10-05-2012 - OK) |
Mario Fiallo v. Allstate Insurance Company |
The plaintiff, Mario Fiallo, appeals from the judgment of the trial court denying his request to amend his complaint to add bad faith claims after a jury verdict in his favor and granting the motion of the defendant, Allstate Insurance Company, to subtract amounts from the jury verdict, as contemplated by the plaintiff’s insurance policy, before rendering judgment. |
Robert S. Lemer v. Carol Coggins |
Appellant Robert S. Lemer, who was substituted as plaintiff for Constance L. Nelson (Connie), now deceased, challenges the trial court's summary judgment entered against Connie and in favor of appellees Carol Coggins and Harley Jerome Coggins. By four issues which we reorganize as one, Lemer contends that the trial court erred in granting the Cogginses' motion for summary judgment because Connie's $0 (10-04-2012 - TX) |
Amparo Pena Cortina v. P.I. Corporation and Windward Oil and Gas Corporation |
Appellants, Amparo Pena Cortina and numerous descendants of Carmen Balli and Delfina Solis Balli ("the Cortinas"), filed suit against appellees, C. Jones Perry, as executor of the Estate of Gilbert Kerlin,1 P. I. Corporation, and Windward Oil & Gas Corporation ("Windward"), claiming to own an undivided 2.083% interest in Padre Island. Windward filed both no-evidence and traditional motions for sum $0 (10-04-2012 - TX) |
Greater Houston Radiation Oncology, P.A. v. Sadler Association, P.A. |
This is an appeal from a judgment rendered after a jury verdict that awarded Sadler Clinic Association, P.A. tort damages in the amount of $307,935 and Oncology Reimbursement Services, L.P. contract damages in the amount of $57,583. Sadler Clinic Association, P.A., Greater Houston Radiation Oncology, P.A., and Oncology Management Services, L.P. were awarded no damages on their breach of contract c $0 (10-04-2012 - TX) |
Michael Howard v. Rayco Steel, Ltd. |
This appeal arises from Rayco Steel, Ltd.’s suit against Mining Service & Supply Company and its corporate officers, Michael Howard and Roger Nelson, for fraud, conspiracy, and fraudulent transfer. Following a bench trial, the court entered judgment awarding damages to Rayco. On appeal, Howard and Nelson generally challenge the sufficiency of the evidence to support their liability. Their appell $0 (10-05-2012 - TX) |
Kyle Medcalf v. John Lee Cornell |
COMES NOW the Plaintiff’s, Kyle Medcalf and Shari Medcalf, individually and as Husband and Wife, and Craig Medcalf, individually, by and through their attorney of record, Gary I. James, and files their Petition herein against the Defendant, John Lee Cornell. For their causes of action against said Defendant, Plaintiffs allege and state the following: |
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