Century Fire Sprinklers appeals the court's order granting CNA/Transportation Insurance Company's second motion for summary judgment in a case involving CNA's refusal to defend or indemnify Century against a lawsuit. Century claims the court erred in 1) allowing CNA to amend its answer to add the "business risk" exclusions in the policy as affirmative defenses; 2) granting CNA's second motion for

In November 1998, Connie L. Hindmarsh ("Hindmarsh") sued Mock in the small claims department of the magistrate's division of the district court ("small claims court") for property damage resulting from an automobile collision between Hindmarsh and Mock in June. Following trial, $3,000 in damages was awarded to Hindmarsh. Neither party appealed the small claims judgment. In December 1999, Hindm

Defendants, Jacor Communications, Inc.; NSN Network Services, LTD.; Robert L. Lawrence; and William Suffa, appeal from a judgment in favor of plaintiff, Martha L. Montemayor, on a jury verdict awarding damages for breach of contract and the trial court's award of certain damages. Plaintiff cross-appeals the trial court's refusal to grant a new trial on damages. We affirm in part, vacate in part, a

A Middlesex County trial judge ordered defendant Borough of South River to reimburse plaintiff Patrolman Christopher Monek for his attorneys' fees and costs incurred in defending official misconduct, aggravated assault and witness tampering criminal charges. South River appeals, contending Monek's complaint in lieu of prerogative writs was untimely under R. 4:69-6(a), and that reimbursement was pr

In this non-jury trial, the judge in the Circuit Court for Montgomery County concluded that the testimony established that an accident occurred, but that the mere happening of an accident is not evidence of negligence. We agree with the general proposition recited by the court, but it is inapplicable to this case. This is not a "mere happening of an accident" scenario.

Facts

The undispute

The defendant, New England Towing, Inc., appeals from a jury verdict issued in Superior Court (Brennan, J.). The defendant argues that the trial court erred: (1) by denying the defendant’s motions for non-suit and to set aside the verdict; and (2) when it instructed the jury on the plaintiff’s claim for lost earning capacity. We affirm in part, reverse in part, and remand.

The fo

Plaintiffs suffer from acquired brain disorders and have the option to receive medical care for that condition under the Medicaid program. They would prefer to receive those services in a home care setting through a model program New Hampshire has established under a Medicaid waiver approved by the Secretary of Health and Human Services. 42 U.S.C. § 1396n(c) (2000). The difficulty is that there ar

1 Today's appeal requires the Court to assess (1) the trial court's grant of summary judgment to Stewart and Elder, individually, SE Properties, and Stewart & Elder, a professional corporation, in a suit to enforce stock-purchase and employment agreements1 between (a) Bruce Winston and Rodney Ramsey [Winston/Ramsey or plaintiffs] and (b) Stewart & Elder, P.C. [law firm] and (2) the denial of summa

As a threshold matter, defendants Prestige Laundry, et al., argue that Ms. Witherspoon has not properly preserved the issues for appeal as a result of untimely filing. A brief chronology of the essential points proves this argument incorrect.

Defendants moved to dismiss the case in the district court on September 4, 2001. Ms. Witherspoon f

Plaintiff-appellant, Joel Patterson ("Joel"), brought common law and statutory claims against his adoptive father, defendant-appellee, Richard Patterson ("Richard"), for breach of fiduciary duty. Joel based his claims on Richard's alleged misappropriation of insurance proceeds following the death of Joel's mother, Penney Patterson ("Penney"). The district court granted the defendant's motion for s

Plaintiffs, Fred Eychaner and Betty Lou Weiss, were directors of the Auditorium Theatre Council (Council). Plaintiffs brought an action against defendants, Roosevelt University and its president, Theodore Gross (collectively Roosevelt), in the circuit court of Cook County. In the claims and counterclaims that developed in this case, the Auditorium Theatre Council, Inc. (ATC Inc.), and Roosevelt, r

DaimlerChrysler Corporation, formerly known as Chrysler, appeals from the judgment entered against it awarding Gerald Salitros $100,000 in punitive damages and $445,516 in front pay on his claim that Chrysler retaliated against him for exercising his rights under the Americans With Disabilities Act. Chrysler also appeals the district court's award to Salitros of $128,268.52 in attorney's fees

Plaintiff-Appellant, Philip D. Overstreet, is employed by Defendant-Appellee, the Lexington-Fayette Urban County Government ("LFUCG"), in its Division of Engineering. Mr. Overstreet describes his job duties as primarily consisting of plotting map coordinates as a computer operator.

On October 16, 2000, the LFUCG issued a Real Property Disclosure Policy ("Policy"). The stated purposes of

Kimberli, now fourteen years old, is a developmentally delayed child. Since the age of seven months she has lived at the Brock Home, a state licensed home for children located in Pittsfield, New Hampshire. Because the home for children where Kimberli lives is located within the Pittsfield School District, she attends school there (2); and because of her disabilities she receives special education

This case raises an important practical question regarding the doctrine of standing. It requires us to address the circum-stances under which a party that fears that it will be signifi-cantly injured by another's actions may bring a lawsuit to prevent the possible future injury. The dispute involves one the most contentious issues in the western United States: the management of water resourc

Shirin Rashedi, who was allegedly defrauded and seduced by her pastor, appeals the trial court's dismissal of her complaint against the General Board of the Church of the Nazarene ("Board") and the Arizona/Southern Nevada District Church of the Nazarene ("District"). The trial court concluded that it lacked subjectmatter jurisdiction because the case against the Board and the District would

This the second time we have been presented with a challenge to the disincorporation of the City of Peerless Park, Missouri. In 1997, eighteen registered voters filed a petition with St. Louis County to disincorporate the small city of Peerless Park. Peerless Park had 27 registered voters at the time, so the 18 voters who signed the petition formed the required two-thirds supermajority to dis

Charles Scharf appeals from a grant of summary judgment in favor of Paul Zanaboni, M.D. in this medical malpractice action. Mr. Scharf underwent coronary artery bypass surgery on July 3, 1997, at St. Louis University Medical Center. He was given general anesthesia during the surgery, which required that Mr. Scharf have an endotracheal tube and nasogastric tube placed during the course of the p

Faibisch is a legally blind woman who worked at the National Center on Educational Outcomes (the Center) at the University of Minnesota. Her supervisor at the Center was defendant Dr. James Ysseldike. At various times during her employment, Faibisch requested accommodations necessary for her to perform her job. Although she initially received accommodations, disputes arose within the Universi

The important question presented in this appeal is whether the Magnuson-Moss Warranty Act permits or prohibits the enforcement of pre-dispute binding arbitration clauses within written warranties. We hold that the Magnuson-Moss Warranty Act permits binding arbitration and that a written warranty claim arising under the Magnuson-Moss Warranty Act may be subject to a valid pre-dispute binding arbitr

This appeal arises from the district court's order denying the Appellants' request that the Records of Decision issued by the Federal Highway Administration and the U.S. Army Corps of Engineers (collectively the "Agencies") concerning the Legacy Parkway project be vacated and that the Legacy Parkway Final Environmental Impact Statement be remanded for further agency action. The district court's ju

The State Engineer and Division Engineer for Water Division No. 3 appealed a judgment of the water court approving an application by Bradley for a change of water right and ordering the issuance of a well permit. Bradley sought to change the point of diversion of an existing water right from a well in a corner of his property to a well in the center of his property. Because the evidence in the rec

The plaintiffs appeal the district court's orders granting summary judgment in favor of the defendants on the plaintiffs' equal protection claim, dismissing the plaintiffs' Title IX claim and denying the plaintiffs' motion for class certification. We find that the plaintiffs wholly failed to state either an equal protection claim or a claim under Title IX, and that the district court's denial of t

The State of Colorado brought an enforcement action against defendants Power Engineering Company, Redoubt Limited, and Richard Lilienthal (collectively referred to as "PEC") for violations of the Colorado Hazardous Waste Management Act. Plaintiff United States, acting on behalf of the Environmental Protection Agency ("EPA"), filed its own lawsuit against PEC for the same violations, seeking financ

Plaintiffs are shareholders in a closely held Kentucky corporation, Eubanks Farms, Inc. In their complaint, Plaintiffs allege that a shareholder deadlock exists and that the business of the corporation can no longer be conducted to the advantage of the shareholders generally. Plaintiffs requested that Defendant Eubanks Farms, Inc. be dissolved pursuant to Ky. Rev. Stat. § 271B.14 on the grounds of