These appeals arise out of claims against both generic and brand-name manufacturers for injuries related to use of the drug metoclopramide (brandname Reglan). Because the pertinent facts and legal issues of these cases are nearly identical, we consolidate them for disposition.

In case No. 12-60861, Lashley v. Pfizer, et al., Appellant Walter Lashley (“Lashleyâ€�) appeals the Southern Dist... More...   $0 (04-17-2014 - )

PLAINTIFFS’ ORIGINAL PETITION

COMES NOW the Plaintiffs, ROBERT BUSH and TALITHA BUSH, and for their Petition against the Defendants, allege and state as follows:

I.

PARTIES, JURISDICTION AND VENUE

1. Plaintiffs are, and at all times herein mentioned have been, residents of the City of Cushing, Payne County, State of Oklahoma.

2. The damages sought by ... More...   $0 (04-10-2014 - OK)

In four issues, appellant, Mai Thi Tran, challenges the trial court’s granting of summary judgments in favor of appellee, Andy Luu, and the trial court’s denial of her motion for new trial. We affirm.

I. BACKGROUND

On or about April 18, 2006, Luu sold to Tran approximately 47.98 acres of land situated in Robertson County, Texas for $143,940.1 The transaction was finalized on
<... More...   $0 (04-10-2014 - TX)

In this interlocutory appeal from a temporary injunction, Appellant Marta Carrejo Martinez claims the trial court abused its discretion by excluding her from real property located at 2109 Flemming Drive, Fort Worth, Texas, (the Property) and by enjoining her from coming within 300 feet of the Property. We affirm the trial court’s temporary injunction.

1See Tex. R. App. P. 47.4.

2More...   $0 (04-10-2014 - TX)

Appellant, Casa del Mar Association, Inc. (“Casa del Mar�), sued appellee, architecture firm Gossen Livingston Associates, Inc. (“GLA�), for services GLA

2

provided during renovation of Casa del Mar’s condominiums.1 GLA moved for summary judgment, arguing that the doctrine of collateral estoppel applied based on a previous arbitration proceeding addressing the same renovati... More...   $0 (04-10-2014 - TX)

Shane and Kristie Trahan bought 22.61 acres of land (the Property) from Jimmy and Peggy Mettlen. Sometime after the real estate transaction was completed, a dispute arose over ownership of the mineral interests in the Property. The Mettlens claimed that they retained ownership of the mineral interests, and the Trahans claimed that the interests were, or at least should have been, conveyed as part ... More...   $0 (04-09-2014 - TX)

Vacile and Stacy Marincasiu appeal the trial court’s judgment granting Stephen C. Drilling a first lien on certain real property located at 1702 Egret Lane, Southlake, Texas, 76092 (hereinafter “the Southlake Propertyâ€�); allowing him to foreclose on the property; and clearing title to the land. On appeal, the Marincasius challenge the factual and legal sufficiency of the trial court’s find... More...   $0 (04-09-2014 - TX)

The federal Liability Risk Retention Act of 1986, 15 U.S.C. § 3901, et seq. (“the LRRAâ€� or “the Actâ€�), contains sweeping preemption language that sharply limits the authority of states to regulate, directly or indirectly, the operation of risk retention groups chartered in another state. Id. § 3902(a). A provision of New York’s insurance law requires that any insurance policy issued in... More...   $0 (04-04-2014 - NY)

This case involves two questions. Can an abstract of judgment create a valid lien on a home jointly managed as community property if the judgment is based on the premarital debt of only one spouse? If so, what is the effect of a homestead designation after a divorce when the property ceases to be held in community? The trial court ruled in favor of the current homeowner, declaring that the judgmen... More...   $0 (04-03-2014 - TX)

COME NOW the Plaintiffs, JO P. GWINN and LAURIE D. GWTh4N, individually and as parents and next friends of of PETER GWINN, LARS GWINN, and WILLIAM GWINN, minor children, and for their First Amended Petition against the Defendants allege and state as follows:

THE PARTIES

1. At all times mentioned herein, Plaintiffs were residents of Alfalfa County, Oklahoma.

2. The Defend... More...   $0 (04-03-2014 - OK)

Twylla Robinson appeals from the district court’s grant of summary judgment in favor of Connie Mueller, as personal representative of the Estate of Hazel Marquardt. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Marquardt (the landlord) owned a two-story home and rented the second level as an apartment to a tenant. The apartment’s bedroom contained acce... More...   $0 (04-01-2014 - ID)

Appellant, Charles DeGroot and DeGroot Farms, LLC (collectively “DeGroot�), appeals the district court’s entry of summary judgment on its claims against Standley Trenching, Inc. d/b/a Standley & Co. (“Standley�), relating to the construction and installation of a manure handling system at the DeGroot dairy. Beltman Construction, Inc., d/b/a Beltman Weldling and
2
Construction (â€... More...   $0 (03-28-2014 - ID)

¶1 Plaintiff/Appellant, Martha Alice Overstreet Kail, appeals from the trial court's judgment (1) denying Plaintiff's petition to set aside or reform a deed and (2) quieting title to the subject real property in Plaintiff and the Third Party Plaintiffs as tenants in common. For the reasons set forth below, we affirm.

¶2 Plaintiff, who resides in New Hampshire, is the daughter of Geneva ... More...   $0 (03-26-2014 - OK)

The primary question before us is whether Minnesota should formally recognize a cause of action for tortious interference with prospective economic advantage. John Gieseke, on behalf of Diversified Water Diversion, Inc. (Diversified), brought an action against appellants IDCA, Inc., et al. (IDCA), asserting, among other claims, tortious interference with Diversified’s prospective economic advant... More...   $0 (03-26-2014 - MN)

Appellant Joshua Jacobs, an independent contractor’s employee, was seriously injured at a construction site when he fell from a ladder. Jacobs sued Huser Construction, Inc., the general contractor, for its alleged negligence in providing a defective ladder and failing to warn him of its danger. In its traditional motion for summary judgment, Huser asserted that it had no duty to Jacobs, as a ma... More...   $0 (03-19-2014 - TX)

Teal Trading and Development, LP appeals from the trial court’s declaratory judgment in favor of Champee Springs Ranches Property Owners Association. The trial court’s judgment declared that Teal Trading was estopped by deed to challenge the validity and enforceability of a property restriction within its chain of title. On appeal, Teal Trading contends the trial court erred by granting Champe... More...   $0 (03-19-2014 - TX)

Grand Wireless, Inc. (“Grandâ€�) brought this action in Massachusetts state court against Verizon Wireless, Inc. (“Verizonâ€�) and Verizon employee Erin McCahill. It alleged a violation of the federal Racketeer Influenced and Corrupt Organizations Act (“RICOâ€�) against Ms. McCahill, as well as several state law claims against both Ms. McCahill and Verizon. The defendants removed the case t... More...   $0 (03-19-2014 - MA)

In this appeal from a summary judgment, we determine whether an attorney-client relationship existed between a law firm and a real estate partnership because the general partner of the real estate partnership is also a partner of the law firm.

2

We conclude that such a relationship does not exist in this case, because neither the real estate partnership nor the plaintiffs engaged... More...   $0 (03-18-2014 - TX)

North Counties Engineering, Inc. (NCE), an engineering company, and Gary Akerstrom, its president (sometimes collectively, appellants), were sued in 2004 in two lawsuits that sought property damage arising out of the construction of a dam completed in 1999. Appellants tendered defense of the lawsuits to State Farm General Insurance Company (State Farm), under a business policy it had issued to NCE... More...   $0 (03-13-2014 - CA)

In this construction case we consider whether the trial court erred by granting a construction manager’s motion for summary judgment, which was based on the statute of repose. We affirm.

2

BACKGROUND

The Construction

In 1981, South Texas College of Law [“South Texasâ€�] hired KBR, Inc. [“KBRâ€�] in connection with its plans to build an 11-story annex to its existi... More...   $0 (03-13-2014 - TX)

Varosa Energy, Ltd., the plaintiff in the trial court, appeals from a judgment awarding Varosa $892,000 for breach of contract by Jake Rollings d/b/a Jake’s Equipment and Repair. Varosa’s complaint on appeal is that the judgment did not

2

declare other parties—appellees David R. Tripplehorn, II and Aspen Development Company, LLC—jointly and severally liable.1

A jury fo... More...   $0 (03-13-2014 - TX)

Pat Cline v. Jefrey Abrams and AAA Landscape of Tulsa, LLC

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: CLINE, PAT
Filed Date: 11/18/2011
Party Name: Disposition Information:

Defendant: AAA LANDSCAPE OF TULSA INC
Disposed: , 06/25/2013. Other.

Defendant: ABRAMS, JERRY
Disposed: , 06/25/2013. Other.

Defe... More...   $0 (03-10-2014 - OK)

This consolidated appeal concerns a Stock Purchase Agreement (“SPA�) entered into among appellant/cross-appellee WCW International, Inc. (“WCW�),

2

and appellees/cross-appellants Jerry Broussard, Ronnie D. Laborde, David M. Kernion, David O. Strickland, Craig M. Borel, Kevin J. Roussel, George A. Lowery, and Carlos O. Giron. In the SPA, WCW agreed to purchase stock from appel... More...   $0 (03-04-2014 - TX)

¶1 The issue in this case is the proper venue for this case to be tried. The plaintiffs/respondents, Terry Van Winkle and Jerry Van Winkle, assert that venue is proper in Cleveland County. The defendant/applicant, YBar, Inc. d/b/a Y Bar Rental & Sales, argues that such venue is improper.

¶2 The plaintiffs filed this lawsuit against YBar in Cleveland County over the purchase of a tractor... More...   $0 (02-25-2014 - OK)

[¶1] Monica Clark, as the personal representative of the estate of Lester Jasmanka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate the... More...   $0 (02-21-2014 - ND)