David S. Karton v. William Russell Dougherty |
In 1999, David S. Karton, a law corporation, (Karton) sued former client William Russell Dougherty for allegedly unpaid fees and costs. The Los Angeles County Superior Court entered a default judgment against Dougherty in the amount of $86,676.88. The judgment included an award of attorney’s fees, pursuant to the parties’ retainer agreement. |
Neil Winterrowd v. American General Annuity Insurance Company, et al. |
We consider in this appeal whether the Plaintiffs can recover attorney’s fees generated by a distinguished member of the Oregon Bar who assists a member of the California Bar in litigating a case before the federal district court in the Central District of California (Central District), but who (a) is not a member of the California Bar, (b) does not physically appear before the Central District, $0 (02-17-2009 - ca) |
A.G. "Bud" Martin Jr. v. Guy Bobo & Nellie bobo |
Appellant A.G. “Bud” Martin, Jr., appeals from an order of the Hempstead County Circuit Court granting summary judgment to appellees Guy and Nellie Bobo and quieting title to certain lands in dispute in the Bobos. Appellant’s sole argument on appeal is that the circuit court erred by quieting title in appellees because their claim to the disputed land was barred by the doctrine of res judica $0 (02-11-2009 - AR) |
Larson Manufacturing Company, Inc. and Atlantic Mutual Companies v. Julie thorson |
We reversed and remanded this case to the workers’ compensation commissioner in Thorson v. Larson Mfg. Co., 682 N.W.2d 448, 451 (Iowa 2004).1 After the parties submitted additional evidence on remand, the commissioner found Thorson sustained a compensable cumulative injury, and ordered the employer and its insurance carrier to pay compensation, interest, medical expenses, and the cost of a medic $0 (02-13-2009 - IA) |
Roy L. Beavers, Jr. v. Pat McGinnis, et al. |
Roy L. Beavers, Jr. (“Appellant”)1 brought suit against ten individuals who acted as officers and directors (“Respondents”) of Recreation Association of Lake Shore Estate (“the Association”). Appellant sought to recover, among other things, the attorney fees and expenses that he incurred in connection with litigating Beavers v. Recreation Association of Lake Shore Estates, Inc., 130 S. $0 (02-03-2009 - MO) |
Coyne's & Co., Inc. v. Enesco, LLC |
In 2005, Coyne's & Co. ("Coyne"), a Minnesota corporation, entered into a distributor agreement (the "Agreement") with Country Artist, Ltd. ("CA"), a company formed under the laws of England. The Agreement granted Coyne the exclusive right to sell, distribute, market, and advertise all CA products (the "Products"), as well as the use of the trademarks and copyrights associated with the Products, i $0 (01-23-2009 - MN) |
Firstcom, Inc. v. Qwest Corporation |
Firstcom, Inc. (“Firstcom”) appeals the district court’s1 order dismissing all of its claims against Qwest Corporation (“Qwest”). We affirm. 2ILECs are “existing telephone companies, which previously held monopolies,” Sw. Bell Tel., L.P. v. Mo. Pub. Serv. Comm’n, 530 F.3d 676, 680 (8th Cir. 2008); see 47 U.S.C. § 251(h), whereas CLECs are “newcomers,” Sw. Bell Tel., L.P., 530 $0 (02-09-2009 - MN) |
Owner-Operator Independent v. United Van Lines |
Individual owner-operators who leased trucks to United Van Lines, a federally registered motor carrier (the “Owner-Operators"), and a trade association, Owner- Operator Independent Drivers Association, Inc. (“OOIDA”), commenced this class action against United, alleging violations of the Secretary of Transportation’s Truthin- Leasing regulations, 49 C.F.R. Part 376, claims that may be brou $0 (02-16-2009 - MO) |
Ronald Piagentini and Annette Piagentini v. Ford Motor Company |
Plaintiffs, Ronald Piagentini and Annette Piagentini, appealed from an order of the trial court granting defendant Ford Motor Company's motion for summary judgment based upon res judicata. We issued an opinion reversing and remanding the case on May 12, 2006, and modified our opinion upon denial of rehearing on June 23, 2006 (Piagentini v. Ford Motor Co., 366 Ill. App. 3d 395, 852 N.E.2d 356 (2006 $0 (01-15-2009 - IL) |
James G. Thomas, Jr. v. Elizabeth Oldfield, M.D., et al. |
On December 8, 2004, Karen Thomas underwent abdominal surgery at Centennial Medical Center in Nashville, Tennessee. She was discharged on December 11, 2004, and went to her father’s home in Lawrenceburg, Tennessee, to recover from her surgery. On December 13, 2004, Ms. Thomas was admitted to the emergency department of Crockett Hospital in Lawrenceburg complaining of abdominal pain. Dr. Charles $0 (02-02-2009 - TN) |
Cheryl Brown Giggers, et al. v. Memphis Housing Authority, et al. |
The plaintiffs, survivors of a tenant shot and killed by the criminal act of another tenant, filed suit against the defendant housing authority, alleging negligence and breach of contract for failure to provide a safe premises. The trial court granted summary judgment in favor of the housing authority and the Court of Appeals affirmed. We granted review to determine whether the housing authority o $0 (02-12-2009 - TN) |
Sanford Green, et al. v. Norman H. Ziegelman, et al. |
Defendants appeal as of right a $156,313 judgment entered by the circuit court in favor of plaintiffs and against defendant Norman H. Ziegelman (Ziegelman), individually, on plaintiffs’ claim of breach of an architect agreement. Ziegelman’s liability for the breach was determined postjudgment through proceedings supplementary to judgment, and liability was predicated on an alter ego theory, wi $0 (02-03-2009 - mi) |
The Cadle Company v. Reiner, Reiner & Bendett, P.C. |
This case arises from a dispute over plaintiff-appellant The Cadle Company’s (“Cadle”) alleged failure to pay legal fees to defendant-appellee Reiner, Reiner & Bendett (“Reiner”), a Connecticut law firm retained by Cadle to represent it in legal proceedings in Connecticut. Reiner brought suit in the Connecticut state courts and obtained two default judgments against Cadle. After Cadle un $0 (01-20-2009 - OH) |
David Martin v. Cincinnati Gas and Electric Company, General Motors, General Electric Company |
Dennis Martin (“Mr. Martin”) died from malignant mesothelioma on March 22, 2002. His son, David Martin (“Plaintiff”), serving as executor of his father’s estate, filed a complaint based on asbestos exposure in Kentucky state court against nine defendants. Defendants removed the case to the Eastern District of Kentucky based on diversity. After various defendants settled or were dismissed $0 (01-27-2009 - KY) |
James T. Marr, Jr. v. Commonwealth Land Title Insurance Company |
This is a “collateral estoppel” case arising from diversity of citizenship, a case in which the claims and defenses of both parties were difficult for the District Court to follow and for us to adjudicate on appeal. We will do our best to clarify the situation. In an action on a title insurance policy, Thomas Marr, the plaintiff-insured, sued the Commonwealth Land Title Insurance Company in th $0 (01-29-2009 - KY) |
Galveston Independent School District v. Brent Jaco |
In this accelerated interlocutory appeal, Galveston Independent School District (Athe District@) challenges the denial of its plea to the jurisdiction. The District claims sovereign immunity from a lawsuit in which Brent Jaco alleges that the District took adverse personnel action against him in violation of the Texas Whistleblower Act. Because the District failed to present arguments that, if $0 (01-20-2009 - TX) |
Robert Moe and Cynthia Moe v. Option One Mortgage Corporation |
Robert and Cynthia Moe appeal the summary judgment granted in favor of the holder of their home mortgage note on their claims for breach of contract, fraud, fraudulent inducement, and negligent misrepresentation. Because the Moes produced less than a scintilla of evidence in support of their claims, we affirm. |
Valerio Llanes v. Olan Benge |
This is an appeal from the grant of summary judgment in favor of Olan Benge, appellee, in a trespass to try title lawsuit. By four issues, Valerio Llanes, appellant, contends that the trial court erred in granting the motion for summary judgment. We affirm. |
Patrick Gillis v. MBNA America Bank, N.A. |
This is a suit to confirm an arbitration award in appellee MBNA America Bank, N.A.=s favor after appellant Patrick Gillis defaulted on a credit card account. In two issues, Gillis challenges the summary judgment on the grounds that (1) the trial court granted summary judgment on a cause of action that was never pled and (2) appellee=s suit is barred by res judicata. We affirm. |
AMX Enterprises, L.L.P., f/k/a AMX Enterprises, Inc. v. Master Realty Corp. |
Among the issues in this case are three questions of first impression: Whether a trial court may toll the accrual of stautory interest under the Prompt Payment to Contractors Act[1] for periods of delay attributable to the claimant; whether a contractor who prevails on a claim under the Act may recover both 18% prejudgment interest under the Act and common law prejudgment interest; and whether att $0 (01-08-2009 - TX) |
Brookshire Brothers Holdings, Inc., et al. v. Dayco Products, Inc., et al. |
The defendants-appellants appeal the district court’s remand of this case to Louisiana state court. The plaintiffs–appellees assert that this Court lacks jurisdiction to hear this appeal. We find that we possess jurisdiction over this appeal, REVERSE the ruling of the district court, and REMAND the case for further proceedings. |
James H. Moore, Jr. and Kenneth E. Carroll v. State Farm Fire & Cssualty Company and State Farm General Insurance Company |
This appeal arises from State Farm Fire and Casualty Company and State Farm General Insurance Company’s (together “State Farm”) conversion of certain Louisiana homeowner insurance policy forms, namely State Farm’s forms HO-1, HO-3, and HO-5, to form HO-W, upon each existing policy’s expiration and renewal by the policy holder. See La. Rev. Stat. Ann. § 22:635.4 (“Section 22:635.4”). $0 (01-21-2009 - LA) |
Cynthia Hyland v. Raytheon Technical Services Company, et al. |
In this defamation action, we consider whether the circuit court, upon our remand of the case, erred in granting summary judgment in favor of the defendants after considering isolated factual segments of two allegedly defamatory statements. |
Centra Health, Inc., T/A Lynchburg General Hospital v. Leonard J. Mullins, Administrator of the Estate of Leonard Mullins, deceased, et al. |
In this appeal involving a medical malpractice action, the principal issue we consider is whether the circuit court erred in failing to require the administrators of a decedent’s estate to elect between their alternative claims for wrongful death, Code § 8.01-50, and a survival action for personal injuries to the decedent, Code § 8.01-25, which the administrators alleged arose from the same ac $325000 (01-16-2009 - VA) |
Landmark HHH, LLC v. GI HWA Park |
In this appeal, we consider whether the circuit court correctly determined that under a lease for commercial real estate the landlord was liable for contract damages for the loss sustained by the tenant when the roof of the leased premises leaked during a rainstorm, inundating the leased premises and causing substantial damage to the tenant’s inventory. We further consider whether the court erre $0 (01-16-2009 - VA) |
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