LSI Title Agency, Inc. v. Evaluation Services, Inc. |
1 Evaluation Services, Inc. (ESI) appeals from the order, dated April 9, 2007, and entered April 11, 2007, that granted the motion for judgment on the pleadings filed by LSI Title Agency, Inc. f/k/a Lender's Service, Inc. (LSI). In the same order, the court precluded ESI from litigating and/or continuing its breach of contract claim before the American Arbitration Association and denied ESI' $0 (06-06-2008 - PA) |
Arthur Britton v. Unviersity of Chicago Hospitals |
The plaintiff, Arthur Britton, filed a complaint sounding in premises liability against the University of Chicago Hospitals. Mr. Britton was injured while entering the hospital through a revolving door when the glass surrounding the revolving door shattered. The trial court granted summary judgment in favor of the defendant. We affirm. Background On September 24, 2004, the plain $0 (05-23-2008 - IL) |
Superior Receivable Services v. James E. Pett |
1 In this debt collection case, James E. Pett appeals the district court's entry of summary judgment ordering him to pay Superior Receivable Services (Superior) for medical expenses, costs, and attorney fees pursuant to a contract. We affirm. 2 Pett first argues that the district court erred as a matter of law by granting summary judgment against him when there were material facts in $0 (06-12-2008 - UT) |
Claude L. Bassett v. The National Collegiate Athletic Association and University of Kentucky Athletic Association |
Appellant Claude L. Bassett (Bassett) was an assistant football coach for the University of Kentucky (UK) from 1997-2000 when he resigned due to allegations of The National Collegiate Athletics Association (NCAA) rules infractions. Bassett filed suit against NCAA, the Southeastern Conference (SEC) and the University of Kentucky Athletic Association (UKAA), alleging conspiracy to violate antitr $0 (06-13-2008 - KY) |
Tony Hanig v. City of Winner |
Tony Hanig applied to the City of Winner, South Dakota, for a liquor license for a proposed restaurant and lounge. The City Council unanimously denied the application after a public hearing at which a city building inspector advised that Hanig's site plan was inadequate and Hanig said he was not sure whether he would employ exotic dancers at the lounge. Hanig applied in state court for a writ $0 (06-09-2008 - ND) |
Katherine Tweedle v. State Farm Fire & Casualty Company |
Katherine Tweedle appeals from orders of the District Court1 entered after judgment in her favor on her breach-of-contract claim against State Farm Fire & Casualty Company. This case is before us for the second time. In the first appeal, State Farm challenged a jury verdict in favor of Tweedle on her claim to recover homeowners insurance policy proceeds. Tweedle v. State Farm Fire & Cas. Co., $0 (06-09-2008 - AR) |
Ocean Harbor House Homeowners Association v. California Coastal Commission |
Plaintiff Ocean Harbor House Homeowners Association (Homeowners) sought a costal development permit from defendant California Coastal Commission (the Commission) to build a seawall to protect their condominium complex from erosion that threatened its structural integrity. The Commission granted the permit but as a condition required Homeowners to pay a fee to mitigate the loss of an acre of be $0 (05-23-2008 - CA) |
Buffalo Equities, Ltd. v. The City of Austin |
Buffalo Equities, Ltd. ("BEL") wanted to develop its property for residential and commercial purposes and applied to have its property appropriately re-zoned. Part of the proposed development consisted of improvements to an easement BEL owns that runs across its neighbor's property. The City of Austin agreed to re-zone BEL's property. However, a City employee, Gregory Guernsey, later wrote a lette $0 (05-09-2008 - TX) |
AVE, Inc. and John Coil v. Comal County, Texas Comal County Courthouse - New Braunfels, Texas |
Appellee Comal County sued appellants AVE, Inc. and John Coil, seeking temporary and permanent injunctive relief barring Coil and AVE from operating a sexually oriented business and alleging that they were violating section 243.0075 of the local government code and Comal County Commissioners Court Order Number 10 ("Order 10"). (1) See Tex. Loc. Gov't Code Ann. § 243.0075 (West 2005). The County so $0 (05-17-2008 - TX) |
Mark D. Bogar, M.D. v. Dolores G. Esparza, etc., et al. |
We again address issues arising from the expert report requirements of section 74.351 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (West Supp. 2006). Appellant Mark D. Bogar, M. D. appeals the probate court's denial of his motion to dismiss appellees' health care liability claims under section 74.351(b) for failure to serve an expert report. Their appeal r $0 (05-17-2008 - TX) |
Sheila Harper and Clayton Harper v. Keith H. Evans, M.D., et al. |
1 Sheila and Clayton Harper appeal from the district court's entry of summary judgment in favor of Keith H. Evans, M.D.; Gary B. White, M.D.; and Uintah Basin Women's Health (collectively, Defendants). We affirm. BACKGROUND 2 In Fall 2002, Sheila Harper saw Evans for consultation and evaluation of several health issues, including excessive bleeding and cramping during her mens $0 (05-12-2008 - UT) |
Dana L. Price-Cornelison v. Steve Brooks |
Defendant-Appellant Steve Brooks, the Undersheriff of Garvin County, Oklahoma, appeals the district court's decision denying him qualified immunity on Plaintiff-Appellee Dana L. Price-Cornelison's two constitutional claims that Brooks failed to enforce Price-Cornelison's protective orders because she is a lesbian victim of domestic violence. Price-Cornelison specifically alleged that, in refu $0 (05-12-2008 - OK) |
Kenneth L. Reusser v. Wachovia Bank, N.D., et al. |
We must decide whether alleged fraud in a state court home foreclosure proceeding during the homeowners' bankruptcy can be re-visited in federal court. I A In December 2001, Kenneth and Gertrude Reusser received an $860,000 loan from Long Beach Mortgage Company, placing as collateral a home that had been in Kenneth's family for more than 100 years. Five months after receivin $0 (05-10-2008 - OR) |
Christine M. Money v. Tyrrell Flowers and Continental Western Group |
The appellee, Christine M. Money, suffered an injury while working for Tyrrell Flowers in Lincoln, Nebraska. Afterward, she moved 75 miles away to Table Rock, Nebraska. This appeal presents two issues. First, in determining Money's loss of earning power, did the trial judge err by excluding Lincoln and finding that the relevant labor market was the Table Rock community? Second, did the trial $0 (05-02-2008 - NE) |
Jill B. Savedoff v. Access Group, Inc. |
In this diversity class action, brought pursuant to the Class Action Fairness Act, 28 U.S.C. § 1332(d) (2006), Defendant Access Group, Inc. ("Access Group") appeals the district court's denial of Access Group's motion for summary judgment and its grant of Plaintiff Jill B. Savedoff's ("Savedoff") motion for partial summary judgment on the issue of liability for Savedoff's breach of contract cl $0 (05-03-2008 - OH) |
Vida F. Negrete, et al. v. Alliance Life Insurance Company of North America |
Vida F. Negrete filed this class action lawsuit against Allianz Life Insurance Company of North America. Allianz appeals a district court order that effectively prevents it from proceeding with any settlement negotiations on similar class action claims raised in any federal or state court without first obtaining permission from Negrete's Co-Lead Counsel,1 and from finalizing a settlement in $0 (04-30-2008 - CA) |
Albert Hinds v. Sprint/United Management Company and Spring Corporation |
Sprint/United Management Company and Sprint Corporation (collectively, "Sprint") discharged Albert Hinds as part of a reduction in force in which his entire department was eliminated. Mr. Hinds sued, alleging that Sprint discriminated against him on the basis of age and retaliated against him for complaining of age discrimination. The district court granted summary judgment for Sprint on both $0 (04-22-2008 - KS) |
Great Lakes Exploration Group, LLC v. Unidentified Wrecked and Abandoned Sailing Vessel, etc. |
Great Lakes Exploration Group, LLC (GLEG), a private underwater exploration and salvage company, brought an in rem admiralty action seeking an arrest warrant for an ancient sailing vessel (The Griffin) that sank in Lake Michigan in the 1600s. The state of Michigan intervened to claim title to the vessel pursuant to the Abandoned Shipwreck Act (ASA), 43 U.S.C. §§ 2101-2106. Under the ASA, when $0 (04-25-2008 - MI) |
Steven Testa v. Vickie Geressy |
This appeal requires us to consider the statutory authority of the office of the attorney general (state) to appear and plead in proceedings before a family support magistrate to enforce a child support order. The plaintiff, Steven Testa, appeals1 from the judgment of the trial court, Hon. John R. Caruso, judge trial referee, denying the plaintiff's appeal from the decision of the family su $0 (04-01-2008 - CT) |
The Piney Run Preservation Association v. The County Commissioners of Carroll County, Maryland |
Piney Run is a small stream with its headwaters near the border of Carroll and Baltimore counties in Maryland. For the second time, the Piney Run Preservation Association ("the Association") has filed a citizen suit under the Clean Water Act ("CWA" or "the Act") alleging that the County Commissioners of Carroll County ("the County") are violating the CWA by discharging treated wastewater (i.e $0 (04-24-2008 - MD) |
Alan G. Palazzo, et al. v. Stephen D. Alves |
The plaintiffs, Alan G. Palazzo and William B. Palazzo, appeal to this Court from a Superior Court judgment dismissing their amended complaint, in which they sought damages pursuant to G.L. 1956 chapter 33 of title 91 and in which they also included common law claims for malicious prosecution and abuse of process. On appeal, plaintiffs contend: (1) that the hearing justice erred in determining $0 (04-03-2008 - RI) |
Pamela St. John v. Jeffrey Jordan, et al. |
MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2008 ME 68 Docket: Cum-07-435 Submitted On Briefs: February 28, 2008 [1] Pamela St. John appeals from a judgment of dismissal entered in the Superior Court (Cumberland County, Crowley, J.) on her complaint against Jeffrey Jordan and the City of South Portland brought pursuant to the Whistleblowers' Protection Act, 26 M.R.S. §§ 83 $0 (04-23-2008 - ME) |
Douglas B. Stalley v. Orlando Regional Healthcare System, Inc. |
In this appeal, we consider whether a plaintiff who alleges no injury to himself has standing to bring a qui tam action for damages under the Medicare Secondary Payer Act, 42 U.S.C. § 1395y(b)(3)(A) ("MSP"). Plaintiff-appellant Douglas B. Stalley appeals the district court's order dismissing with prejudice his purported qui tam action against Orlando Regional Healthcare System. The district c $0 (04-21-2008 - FL) |
Shelly Frank v. Liberty Insurance Company |
Shelly Frank appeals from the district court's judgment dismissing her suit for lack of subject-matter jurisdiction. Frank had obtained an adverse decision of a Texas Workers' Compensation Commission hearing examiner and then requested review by the Commission's appeals panel. The appeals panel concluded that Frank had failed to timely file her request for review and dismissed her administrative a $0 (04-15-2008 - TX) |
SDV/ACCI, Inc. v. AT&T Corporation |
Plaintiffs SDV/ACCI, Tonia Metz and Gerald Metz brought this action against AT&T and one of its employees, Margaret Roman, alleging that Ms. Roman defamed the plaintiffs in the course of her employment. The district court granted summary judgment for the defendants, ruling that the Metzes were not proper plaintiffs, and that the allegedly defamatory statements were conditionally privileged. $0 (04-12-2008 - CA) |
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