IN THE SUPREME COURT OF IOWA NO IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR JEFFERSON COUNTY

Size: px
Start display at page:

Download "IN THE SUPREME COURT OF IOWA NO IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR JEFFERSON COUNTY"

Transcription

1 IN THE SUPREME COURT OF IOWA NO IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR JEFFERSON COUNTY ELECTRONICALLY FILED MAR 09, 2018 CLERK OF SUPREME COURT JEFFERY ANDERSON, Plaintiff-Appellant, vs. ANDERSON TOOLING, INC., DEAN E. ANDERSON, and CAROL A. ANDERSON, Defendants-Appellees. ANDERSON TOOLING, INC., Plaintiff-Appellee, vs. LORI J. ANDERSON and FABRICATION AND CONSTRUCTION SERVICES, INC., Defendants-Appellants. Case No. LALA No. LALA Consolidated with LALA APPEAL FROM THE IOWA DISTRICT COURT IN AND FOR JEFFERSON COUNTY THE HONORABLE MYRON L. GOOKIN APPELLANTS RESISTANCE TO APPLICATION FOR FURTHER REVIEW Steven Gardner Denefe, Gardner & Zingg, P.C. 104 S. Court St., P.O. Box 493 Ottumwa, Iowa Telephone: (641) Facsimile: (641) ATTORNEY FOR PLAINTIFFS 1

2 QUESTION PRESENTED FOR REVIEW I. WHETHER THE IOWA COURT APPEALS CORRECTLY APPLIED THE LAW OF CONSPIRACY IN REVERSING THE JUDGMENTS ENTERED AGAINST LORI AND FABCON. II. REQUEST FOR REVIEW OF ALL ISSUES RAISED ON APPEAL IF FURTHER REVIEW IS GRANTED 2

3 TABLE OF CONTENTS Cover Page... 1 Question Presented for Review... 2 Table of Contents... 3 Table of Authorities... 4 Statement Supporting Resistance to Further Review... 5 Statement of the Case... 6 State of the Facts Argument Conclusion Certificate of Compliance

4 TABLE OF AUTHORITIES Harsha v. State Sav. Bank, 346 N.W.2d 791 (Iowa 1984) Honeywell Inc., 347 N.W.2d 171 (Iowa 1984) Nesler v. Fisher and Co. Inc., 452 N.W.2d 191 (Iowa 1990) Page Cnty Appliance Center v. Honeywell Inc., 347 N.W.2d 171 (Iowa 1984) Rules Iowa R. App. P (1)(b) Iowa R. App. P (b)... 13, 16 Iowa R. App. P (1)(b)(1) and (2)

5 STATEMENT SUPPORTING RESISTANCE TO FURTHER REVIEW The Iowa Supreme Court should deny further review in this matter. First, the Court of Appeals correctly applied Iowa law. Second, the case does not present an issue of broad public importance that should ultimately be determined by the Iowa Supreme Court. Iowa R. App. P (1)(b)(1) and (2). 5

6 STATEMENT OF THE CASE The Appellants agree with the statement of the case set forth in the Application for Further Review with the following addition. On June 5, 2015, the jury returned verdicts on each of the claims in this case as follows: VERDICT FORM NO.1 WITH SPECIAL INTERROGATORIES REGARDING CLAIMS BY JEFFERY ANDERSON I. The jury found Anderson Tooling, Inc. had not violated the Iowa Wage Payment Collection Law. $0 amount awarded. (App. pp ). II. The jury found there was no Breach of Employment Contract by Anderson Tooling, Inc. $0 amount awarded. (App. pp ). III. The jury found there was Tortious Discharge by Anderson Tooling, Inc. $89, awarded for Lost Earnings From Discharge to Present and $5,000 awarded for Emotional Distress From Discharge to Present. (App. pp ). IV. The jury found no Intentional Interference with a Contract by Dean Anderson and Carol Anderson. $0 amount awarded. (App. pp ). V. The jury found Dean and Carol Anderson had not Pierced the Corporate Veil. $0 amount awarded. (App. pp ). VI. The jury found for Jeffery Anderson with regard to Punitive 6

7 Damages Special Interrogatories. $52,000 awarded. (App. pp ). VERDICT FORM NO.2 WITH SPECIAL INTERROGATORIES REGARDING CLAIMS BY ANDERSON TOOLING, INC. I. The jury found there was no Conversion by Jeffery Anderson. $0 amount awarded. (App. pp ). II. The jury found there was no Conversion by Lori Anderson. $0 amount awarded. (App. p. 107). III. The jury found there was no Conversion by Fabrication and Construction Services, Inc. $0 amount awarded. (App. pp ). IV. The jury found there was Interference with Prospective Business Relationships by Jeff Anderson. $336, amount awarded. (App. pp ). V. The jury found there was no Interference with Prospective Business Relationships by Lori Anderson. $0 amount awarded. (App. pp ). VI. The jury found there was no Interference with Prospective Business Relationships by Fabcon. $0 amount awarded. (App. pp ). VII. The jury found that Jeff Anderson Breached his Fiduciary Duty. $436, amount awarded. (App. p. 12). VIII. The jury found that Lori Anderson did not Breach her Fiduciary 7

8 Duty. $0 amount awarded. (App. pp ). IX. The jury found there was no damage from Misappropriation of Trade Secrets by Jeff Anderson. $0 amount awarded. (App. pp ). X. The jury found there were no damages to Anderson Tooling, Inc. as a result of conspiracy. $0 duplicative amount awarded. (App. p. 114). XI. The jury found there were no Punitive Damage Special Interrogatories. $0 amount awarded. (App. pp ). Post-trial motions were filed by each party contesting certain issues involved in the jury verdicts and seeking entry of judgments. Ruling on post-trial motions was issued by the court on September 17, (App. pp ). Ultimately, judgments were entered as follows: Judgment was entered in favor of Plaintiff, Jeffery Anderson, and against Defendant, Anderson Tooling, Inc., In the amount of $94, in compensatory damages plus $52,000 in punitive damages. Judgment was entered in favor of Counter-claim Plaintiff Anderson Tooling, Inc. and against Counter-claim Defendant Jeffery Anderson in the amount of $772, in compensatory damages. Judgment was entered in favor of Anderson Tooling, Inc. and against Lori Anderson and Fabrication Construction Services, Inc. for Conspiracy in 8

9 the amount of $772,

10 STATEMENT OF THE FACTS The District Court jury was instructed that in order for ATI to recover on a claim of conspiracy, it had to prove Jeff committed the wrongs of conversion, intentional interference with prospective business advantage, breach of fiduciary duty OR misappropriation of trade secrets and that Lori and Fabcon participated in a conspiracy with Jeff to appropriate funds and projects belonging to ATI. (App. pp ) (emphasis added). The Court of Appeals noted that the jury found that Lori and Fabcon participated in the conspiracy with Jeff to appropriate funds and projects belonging to ATI. (App. p. 114). The only tortious wrongs the jury found Jeff to have committed were interference with prospective business relationships and breach of fiduciary duties. (App. pp , 112). The jury awarded $0 damages for conspiracy. (App. p. 114). The Court of Appeals determined that the appropriation of funds and projects belonging to ATI fell outside the torts of interference with prospective business relationships and breach of fiduciary duties. The Court of Appeals determined that Jeff s tortious interference conduct cannot be the basis of a conspiracy to appropriate funds or projects belonging to ATI. (Decision pp ). The jury specifically found that Lori and Fabcon did not interfere with prospective business relationships or exercise wrongful 10

11 control or dominion over property belonging to ATI. (App. pp ). Therefore, the Court of Appeals found that Lori and Fabcon should not be held jointly and severally liable for that part of the judgment pertaining to the jury s damage award for Jeff s breach of fiduciary duty or interference with prospective relationships. (Decision, pp ). As a result, the Court of Appeals determined that the District Court erred in amending and modifying the judgments to provide judgments in favor of ATI and against Lori and Fabcon, jointly and severally. The Iowa Court of Appeals reversed the District Court in that regard. 11

12 ARGUMENT I. WHETHER THE IOWA COURT APPEALS CORRECTLY APPLIED THE LAW OF CONSPIRACY IN REVERSING THE JUDGMENTS ENTERED AGAINST LORI AND FABCON. The decision of the Iowa Court of Appeals was not erroneous and Further Review should be denied. The District Court Jury found that Lori Anderson and Fabcon did not interfere with ATI prospective business relations and did not breach fiduciary duties. (App. pp ). The jury further found although Lori Anderson and Fabcon participated in a conspiracy to appropriate funds and belonging to ATI, ATI suffered no damage as a result. (App. p. 114). The Iowa Court of Appeals therefore correctly concluded that any appropriation of funds and projects did not involve the torts of interference with perspective business relations or breach of fiduciary duty. (Decision pp ). This Court should therefore deny Further Review. The decision of the Iowa Court of Appeals does not conflict with Iowa Supreme Court precedent and does not involve issues of broad public importance. (Iowa R. App. P (1)(b). 12

13 II. REQUEST FOR REVIEW OF ALL ISSUES RAISED ON APPEAL IF FURTHER REVIEW IS GRANTED In the event the Court grants Further Review in this case, the Appellants request a review of all issues raised in the original appeal in accordance with Iowa R. App. P (b). This is discretionary with the Court and although the Court may limit its review to simply the issues raised by Appellee on the Application for Further Review, Appellants believe that, if Further Review is granted, all issues raised in the original appeal by Appellants are relevant and have merit for further review consideration by this Court. Those issues include: 1. THE JURY VERDICT FINDING THAT JEFF ANDERSON DID NOT HAVE A CONTRACT OF EMPLOYMENT WITH ATI IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE AND THE DISTRICT COURT SHOULD HAVE GRANTED A NEW TRIAL ON THIS ISSUE. Discussions in 2005 between Dean Anderson and Jeff Anderson resulted in an employment agreement. (App. pp. 392, 394, 401, 402, 1061). Jeff and Dean both initialed the employment agreement. (App. p. 1061). Bookkeeper Sheryll Norton recognized the initials of both Jeff and Dean. (App. pp ). Carol Anderson Admitted in her testimony that there 13

14 was an oral contact as she was present in the meeting in 2005 when Jeff was hired. (App. p. 808). Dean Admitted to company accountant Sheryll Norton that there was an agreement with Jeff and it needed to be placed on the books. (App. pp. 248, 249). The amount of deferred compensation, pursuant to the agreement, was placed on the books of the company. (App. p. 259). Bookkeeper Elizabeth Bell admitted she was aware of the contract between Dean, ATI and Jeff and in fact obtained a copy of the contract. (App. pp ). Dean admitted that he owed the money. (App. p. 372). The evidence established the contract of employment between Jeff Anderson and ATI. Dean and Carol Anderson, owners of ATI admitted that an offer of employment was made and accepted. There was clearly a contract of employment and the jury s verdict is not supported by substantial evidence. 2. THE JURY VERDICT FINDING THAT JEFFREY ANDERSON INTERFERED WITH PROSPECTIVE BUSINESS RELATIONS OF ATI IS INCONSISTENT WITH THE VERDICT FORM FINDING THAT THE CONDUCT OF JEFFREY ANDERSON WAS NOT DIRECTED SPECIFICALLY AT ANDERSON TOOLING. To recover on a claim for intentional interference with contractual relations, the jury is required to find specific intent to financially injure or 14

15 destroy the complaining party. See Nesler v. Fisher and Co. Inc., 452 N.W.2d 191, 199 (Iowa 1990); See Page Cnty Appliance Center v. Honeywell Inc., 347 N.W.2d 171, 177 (Iowa 1984); See Harsha v. State Sav. Bank, 346 N.W.2d 791, 799 (Iowa 1984). Here, the jury made a specific finding in answer to special interrogatory that Jeff Anderson s conduct was not directed at ATI. (App. p. 115). The Jury finding that Jeff s conduct was not directed at ATI is inconsistent with the required element that Jeff intended to financially injure or destroy ATI in order to support a verdict for interference with prospective business relations. 3. THE JURY VERDICTS FOR INTERFERENCE WITH PROSPECTIVE BUSINESS RELATIONSHIPS AND BREACH OF FIDUCIARY DUTY ARE NOT SUPPORTED BY THE EVIDENCE AND THE DISTRICT COURT SHOULD HAVE GRANTED A NEW TRIAL OR IN THE ALTERNATIVE JUDGMENT AS A MATTER OF LAW FOR JEFFREY ANDERSON ON THESE CLAIMS. ATI performed a few small jobs from American Ordinance in (App. p. 951). Performance of a few small jobs for American Ordinance in 2005 is not substantial evidence that ATI had a prospective relationship with this company in November Dean Anderson, owner of ATI, actually referred Fabcon to Riverbend 15

16 Industries and intermingled Fabcon and ATI employees in performing the work. (App. pp. 651, ). Fabcon s performance of work because Dean needed help, is not interference with prospective relations. (App. pp. 651, 655). As Dean himself requested Fabcon to perform the work, there is not substantial evidence to support a verdict. CONCLUSION For the reasons set forth above, this Court should deny further review. In the event Further Review is granted, the Court should review all issues raised in the original appeal pursuant to Iowa R. App. P (b). JEFFERY ANDERSON and LORI J. ANDERSON, APPELLANTS By: /s/ Steven Gardner Steven Gardner, AT DENEFE, GARDNER & ZINGG, P.C. 104 South Court Street P.O. Box 493 Ottumwa, Iowa Telephone: (641) Facsimile: (641) gardner@lisco.com ATTORNEY FOR APPELLANTS 16

17 CERTIFICATE OF COMPLIANCE WITH TYPEFACE REQUIREMENTS AND TYPE-VOLUME LIMITATION The brief complies with the typeface requirements and type-volume limitation of Iowa Rs. App. P (1)(d) and 6.903(1)g(1) or (2) because: [X] This brief has been prepared in a proportionally spaced typeface using New Times Roman in font size 14 and contains 1,840 words, excluding the parts of the brief exempted by Iowa R. App. P (1)(g)(1) OR [ ] This brief has been prepared in a monospaced typeface using in and contains lines of text, excluding the parts of the brief exempted by Iowa R. App. P (1)(g)(2). Dated March 9, By: /s/ Steven Gardner Steven Gardner, AT DENEFE, GARDNER & ZINGG, P.C. 104 South Court Street P.O. Box 493 Ottumwa, Iowa Telephone: (641) Facsimile: (641) sgardner@lisco.com ATTORNEY FOR APPELLANTS 17

IN THE COURT OF APPEALS OF IOWA. No / Filed October 7, 2009

IN THE COURT OF APPEALS OF IOWA. No / Filed October 7, 2009 IN THE COURT OF APPEALS OF IOWA No. 9-416 / 08-0811 Filed October 7, 2009 SPECTRUM PROSTHETICS AND ORTHOTICS, INC., TODD A. SCHWEIZER, MARK A. MCDONALD and JEFFREY J. BRUCE, Plaintiffs-Appellees, vs. BACA

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D. C. Docket No. 1:07-cv ODE. versus. No.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D. C. Docket No. 1:07-cv ODE. versus. No. IN THE UNITED STATES COURT OF APPEALS [DO NOT PUBLISH] FOR THE ELEVENTH CIRCUIT No. 10-15423 D. C. Docket No. 1:07-cv-00172-ODE FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT MARCH 5, 2012 JOHN LEY CLERK

More information

IN THE SUPREME COURT OF IOWA NO VINCENT ANGERER TRUST and DEWITT BANK & TRUST COMPANY, as Trustee of the Vincent Angerer Trust.

IN THE SUPREME COURT OF IOWA NO VINCENT ANGERER TRUST and DEWITT BANK & TRUST COMPANY, as Trustee of the Vincent Angerer Trust. IN THE SUPREME COURT OF IOWA NO. 17-1964 ELECTRONICALLY FILED JUL 03, 2018 CLERK OF SUPREME COURT VINCENT ANGERER TRUST and DEWITT BANK & TRUST COMPANY, as Trustee of the Vincent Angerer Trust Appellants,

More information

2013 IL App (1st)

2013 IL App (1st) 2013 IL App (1st 130292 FIFTH DIVISION November 22, 2013 SUBHASH MAJMUDAR, Plaintiff-Appellant, v. HOUSE OF SPICES (INDIA, INC., Defendant-Appellee. Appeal from the Circuit Court of Cook County, 08 L 004338

More information

IN THE SUPREME COURT OF IOWA. No DEBORAH FERGUSON, ELECTRONICALLY FILED JAN 29, 2019 CLERK OF SUPREME COURT Plaintiff-Appellee, vs.

IN THE SUPREME COURT OF IOWA. No DEBORAH FERGUSON, ELECTRONICALLY FILED JAN 29, 2019 CLERK OF SUPREME COURT Plaintiff-Appellee, vs. IN THE SUPREME COURT OF IOWA No. 18-1600 DEBORAH FERGUSON, ELECTRONICALLY FILED JAN 29, 2019 CLERK OF SUPREME COURT Plaintiff-Appellee, vs. EXIDE TECHNOLOGIES, INC., AND FRED GILBERT Defendants-Appellants.

More information

IN THE SUPREME COURT OF IOWA. No (Polk County No. LACL131913) Susan Ackerman, Plaintiff-Appellant, vs.

IN THE SUPREME COURT OF IOWA. No (Polk County No. LACL131913) Susan Ackerman, Plaintiff-Appellant, vs. IN THE SUPREME COURT OF IOWA No. 16-0287 (Polk County No. LACL131913) ELECTRONICALLY FILED SEP 28, 2016 CLERK OF SUPREME COURT Susan Ackerman, Plaintiff-Appellant, vs. State of Iowa, Iowa Workforce Development,

More information

IN THE SUPREME COURT OF IOWA NO

IN THE SUPREME COURT OF IOWA NO IN THE SUPREME COURT OF IOWA NO. 17-0431 SCOTT COUNTY COUNTY NO. PCCE126221 ELECTRONICALLY FILED MAY 02, 2018 CLERK OF SUPREME COURT TROY A WILLIAMS, Claimant-Appellant, vs. STATE OF IOWA, Respondent-Appellee.

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS ATCO INDUSTRIES, INC., Plaintiff/Counterdefendant- Appellant, UNPUBLISHED July 10, 2003 v Nos. 232055; 235398 Oakland Circuit Court SENTEK CORPORATION, LC No. 99-016847-CK

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 17a0609n.06. No UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

NOT RECOMMENDED FOR PUBLICATION File Name: 17a0609n.06. No UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT NOT RECOMMENDED FOR PUBLICATION File Name: 17a0609n.06 No. 17-5194 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT IN RE: GREGORY LANE COUCH; ANGELA LEE COUCH Debtors. GREGORY COUCH v. Appellant,

More information

IN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 33954 DAVE TODD, v. Plaintiff-Respondent, SULLIVAN CONSTRUCTION LLC, Defendant-Appellant. SULLIVAN CONSTRUCTION LLC, f/k/a SULLIVAN TODD CONSTRUCTION,

More information

Case 2:14-cv DB-DBP Document 449 Filed 05/08/17 Page 1 of 5

Case 2:14-cv DB-DBP Document 449 Filed 05/08/17 Page 1 of 5 Case 2:14-cv-00045-DB-DBP Document 449 Filed 05/08/17 Page 1 of 5 HYDRO ENGINEERING, INC., a Utah corporation, Plaintiff, ORDER vs. PETTER INVESTMENTS, INC., a Michigan corporation, et al., Case No. 2:14-cv-45-DB

More information

IN THE SUPREME COURT OF IOWA

IN THE SUPREME COURT OF IOWA IN THE SUPREME COURT OF IOWA NO. 16-1684 STATE OF IOWA, Plaintiff-Appellee, ELECTRONICALLY FILED AUG 04, 2017 CLERK OF SUPREME COURT vs. BRADLEY ELROY WICKES, Defendant-Appellant. CLINTON COUNTY, NO. FECR071368

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 11, 2009 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 11, 2009 Session IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 11, 2009 Session ROB RENNELL v. THROUGH THE GREEN, INC., ET AL. Appeal from the Chancery Court for Williamson County No. 31154 Jeffrey S. Bivins,

More information

IN THE SUPREME COURT OF THE STATE OF IOWA CASE NO ROBERT W. MILAS, M.D., Plaintiff-Appellant,

IN THE SUPREME COURT OF THE STATE OF IOWA CASE NO ROBERT W. MILAS, M.D., Plaintiff-Appellant, IN THE SUPREME COURT OF THE STATE OF IOWA CASE NO. 16-2148 ELECTRONICALLY FILED JAN 18, 2018 CLERK OF SUPREME COURT ROBERT W. MILAS, M.D., Plaintiff-Appellant, SOCIETY INSURANCE and ANGELA BONLANDER, Defendants-Appellees.

More information

IN THE SUPREME COURT OF IOWA NO

IN THE SUPREME COURT OF IOWA NO IN THE SUPREME COURT OF IOWA NO. 16-1658 ELECTRONICALLY FILED FEB 13, 2017 CLERK OF SUPREME COURT CITY OF EAGLE GROVE, IOWA, Plaintiff- Appellant, vs. CAHALAN INVESTMENTS, LLC, FIRST STATE BANK AND WRIGHT

More information

716 West Ave Austin, TX USA

716 West Ave Austin, TX USA RECOVERING THE PROCEEDS OF FRAUD GLOBAL HEADQUARTERS the gregor building 716 West Ave Austin, TX 78701-2727 USA TABLE OF CONTENTS PART ONE: THE LAW IN A FRAUD RECOVERY CASE I. LEGAL CAUSES OF ACTION IN

More information

S16G0662. LYMAN et al. v. CELLCHEM INTERNATIONAL, INC. After Dale Lyman and his wife, Helen, left Cellchem International, Inc.

S16G0662. LYMAN et al. v. CELLCHEM INTERNATIONAL, INC. After Dale Lyman and his wife, Helen, left Cellchem International, Inc. In the Supreme Court of Georgia Decided: January 23, 2017 S16G0662. LYMAN et al. v. CELLCHEM INTERNATIONAL, INC. MELTON, Presiding Justice. After Dale Lyman and his wife, Helen, left Cellchem International,

More information

RECOVERING THE PROCEEDS OF FRAUD

RECOVERING THE PROCEEDS OF FRAUD RECOVERING THE PROCEEDS OF FRAUD World Headquarters the gregor building 716 West Ave Austin, TX 78701-2727 USA TABLE OF CONTENTS PART ONE: THE LAW IN A FRAUD RECOVERY CASE I. LEGAL CAUSES OF ACTION IN

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS NORTHWOODS MANUFACTURING, INC., Plaintiff-Appellee, UNPUBLISHED May 24, 2016 v No. 326551 Dickinson Circuit Court GREG LINSMEYER, JEFFREY PEARSON, and LC No. 12-017234-CB

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON August 16, 2007 Session

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON August 16, 2007 Session IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON August 16, 2007 Session GARY WEAVER, ET AL. v. THOMAS R. McCARTER, ET AL. A Direct Appeal from the Chancery Court for Shelby County No. 98-0425-3 The Honorable

More information

SUPREME COURT OF FLORIDA. Case No. SC

SUPREME COURT OF FLORIDA. Case No. SC SUPREME COURT OF FLORIDA Case No. SC05-1586 BRUCE BERNSTEIN, Petitioner, vs. HARVEY GOLDMAN, Respondent, PETITIONER'S BRIEF ON JURISDICTION Petition to Review Decision of the Fourth District Court of Appeal

More information

IN THE SUPREME COURT OF FLORIDA. Case No.: SC Lower Tribunal No.: 1D ADAMS GRADING AND TRUCKING, INC. and JOHN M.

IN THE SUPREME COURT OF FLORIDA. Case No.: SC Lower Tribunal No.: 1D ADAMS GRADING AND TRUCKING, INC. and JOHN M. IN THE SUPREME COURT OF FLORIDA Case No.: SC07-1175 Lower Tribunal No.: 1D06-1760 ADAMS GRADING AND TRUCKING, INC. and JOHN M. BLOODSWORTH, Petitioners, vs. MICHAEL E. GRAY, Respondent. ON REVIEW FROM

More information

RICHARD A. MARTHALLER, ET AL. NICHOLAS A. KUSTALA, ET AL.

RICHARD A. MARTHALLER, ET AL. NICHOLAS A. KUSTALA, ET AL. [Cite as Marthaller v. Kustala, 2008-Ohio-4227.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 90529 RICHARD A. MARTHALLER, ET AL. PLAINTIFFS-APPELLANTS-

More information

THE CIRCUIT COURT FOR PRINCE GEORGE S COUNTY

THE CIRCUIT COURT FOR PRINCE GEORGE S COUNTY IN MARYLAND: THE CIRCUIT COURT FOR PRINCE GEORGE S COUNTY Plaintiff Jane Doe Plaintiff, v. Civil Case No. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/k/a State Farm Serve Registered Agent: Corporation

More information

REPLY BRIEF OF APPELLANTS LOREN W. DANNER AND PAN DANNER

REPLY BRIEF OF APPELLANTS LOREN W. DANNER AND PAN DANNER IN THE IOWA SUPREME COURT ELECTRONICALLY FILED APR 18, 2018 CLERK OF SUPREME COURT NO. 17-1458 THE CARROLL AIRPORT COMMISSION (OPERATING THE ARTHUR N. NEU MUNICIPAL AIRPORT), Plaintiffs/Appellees, VS.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, WESTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, WESTERN DIVISION KIRK CHRZANOWSKI, ) Plaintiff, ) ) vs. ) No. 12 CV 50020 ) LOUIS A. BIANCHI, individually and in ) Judge: his

More information

ELECTRONICALLY FILED APR 02, 2018 CLERK OF SUPREME COURT

ELECTRONICALLY FILED APR 02, 2018 CLERK OF SUPREME COURT ELECTRONICALLY FILED APR 02, 2018 CLERK OF SUPREME COURT IN THE IOWA SUPREME COURT SUPREME COURT NO. 17-1169 ---------------------------------------------------------------------------------------- WINGER

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION SIGMA SUPPLIES CORP., and FREEDOM : AUGUST TERM, 2003 MEDICAL SUPPLY, INC., individually

More information

NO IN THE SUPREME COURT OF THE STATE OF MONTANA

NO IN THE SUPREME COURT OF THE STATE OF MONTANA NO. 87-501 IN THE SUPREME COURT OF THE STATE OF MONTANA 1988 DEBRA LANE, Plaintiff and Respondent, -vs- LARRY DUNKLE, Defendant and Appellant. APPEAL FROM: District Court of the Thirteenth Judicial District,

More information

STATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW

STATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW STATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW Nicholas C. Grant Ebeltoft. Sickler. Kolling. Grosz. Bouray. PLLC PO Box 1598 Dickinson, ND 58602 Tel: (701) 225-5297 Email: ngrant@eskgb.com www.eskgb.com

More information

IN THE SUPREME COURT OF IOWA NO Muscatine County No. PCCV019353

IN THE SUPREME COURT OF IOWA NO Muscatine County No. PCCV019353 IN THE SUPREME COURT OF IOWA NO. 17-0007 Muscatine County No. PCCV019353 ELECTRONICALLY FILED JAN 28, 2018 CLERK OF SUPREME COURT CATHRYN ANN LINN, ) Applicant-Appellant, ) ) vs. ) ) STATE OF IOWA, ) Respondent-Appellee.

More information

APPEAL NO. # IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA IN THE MATTER OF THE ESTATE OF CHARLES C. COLOMBE, DECEASED.

APPEAL NO. # IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA IN THE MATTER OF THE ESTATE OF CHARLES C. COLOMBE, DECEASED. APPEAL NO. # 27587 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA IN THE MATTER OF THE ESTATE OF CHARLES C. COLOMBE, DECEASED. Rosebud Sioux Tribe, Plaintiff and Appellee, v. Wesley Colombe, as Personal

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE September 14, 2007 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE September 14, 2007 Session IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE September 14, 2007 Session ROBERT G. O NEAL, d/b/a R & R CONSTRUCTION CO. v. PAUL E. HENSON, ET AL. Direct Appeal from the Chancery Court for Sequatchie

More information

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 03 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ALFONSO W. JANUARY, an individual, No. 12-56171 and Plaintiff-Appellee,

More information

IN THE SUPREME COURT OF GUAM

IN THE SUPREME COURT OF GUAM IN THE SUPREME COURT OF GUAM RAYMOND LEON GUERRERO and, ERLINDA LEON GUERRERO Plaintiffs-Appellees vs. DLB CONSTRUCTION CO., a Guam Corporation, MR. BEN C. TAN, an individual doing business in Guam, TJT

More information

IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY. Plaintiffs, Case No: PETITION THE PARTIES

IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY. Plaintiffs, Case No: PETITION THE PARTIES IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY QUINTON DURUJI, on Behalf of Himself and all Others Similarly Situated; vs. Plaintiffs, Case No: PLATINUM SERVICES, INC. n/k/a PLATINUM SUPPLEMENTAL

More information

!"#$%&'()*+,*-(.//*01%%%%23+45$67%(%%%%89:$;%-/$%@2A'%( James S. Davis, OSB# 982070 P.O. BOX 7399 Salem, OR 97303 Telephone: (503)363-8661 Facsimile: (503)363-8681 Attorneys

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR Filed 8/16/12 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR TOUCHSTONE TELEVISION PRODUCTIONS, Petitioner, B241137 (Los Angeles County

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN, EMERGENCY FINANCIAL ASSISTANCE LOAN BOARD and ATTORNEY GENERAL, FOR PUBLICATION March 14, 2013 9:00 a.m. Plaintiffs-Appellees, v No. 306975 Wayne Circuit

More information

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 06-7157 September Term, 2007 FILED ON: MARCH 31, 2008 Dawn V. Martin, Appellant v. Howard University, et al., Appellees Appeal from

More information

Case: Document: Filed: 09/04/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Filed: September 04, 2012

Case: Document: Filed: 09/04/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Filed: September 04, 2012 Case: 12-4055 Document: 006111420965 Filed: 09/04/2012 Page: 1 Deborah S. Hunt Clerk UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE

More information

NOTICE OF PROPOSED SETTLEMENT OF EMPLOYMENT DISCRIMINATION CLASS ACTION

NOTICE OF PROPOSED SETTLEMENT OF EMPLOYMENT DISCRIMINATION CLASS ACTION IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA ) NICOLE COGDELL, et al., ) ) Case No. SACV 12-01138 AG (ANx) Plaintiffs, ) ) Honorable Andrew J. Guilford v. ) ) THE WET SEAL,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS 10 AND SCOTIA EXPRESS, LLC, SALIM YALDO, and SCOTT YALDO, UNPUBLISHED July 15, 2004 Plaintiffs-Appellees/Cross- Appellants, v No. 244827 Oakland Circuit Court TARGET

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS STEVEN G. SICKLES, ANNAMARIE F. SICKLES, and SARAH L. SICKLES, UNPUBLISHED June 13, 2006 Plaintiffs-Appellants, and ANNETTE M. SICKLES, Plaintiff/Counter Defendant- Appellant,

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed June 27, Appeal from the Iowa District Court for Cerro Gordo County, James M.

IN THE COURT OF APPEALS OF IOWA. No / Filed June 27, Appeal from the Iowa District Court for Cerro Gordo County, James M. IN THE COURT OF APPEALS OF IOWA No. 7-183 / 05-2023 Filed June 27, 2007 ALEXANDER TECHNOLOGIES EUROPE, LTD., Plaintiff-Appellee, vs. MACDONALD LETTER SERVICE, INC., Substituted Party for Amazing Products

More information

SUPREME COURT OF IOWA

SUPREME COURT OF IOWA No. 18-1856 IN THE SUPREME COURT OF IOWA ELECTRONICALLY FILED FEB 21, 2019 CLERK OF SUPREME COURT GREGORY BALDWIN, v. CITY OF ESTHERVILLE, IOWA, Plaintiff-Appellant, Defendant-Appellee. CERTIFIED QUESTION

More information

Case 7:14-cv SLB Document 1 Filed 07/22/14 Page 1 of 13

Case 7:14-cv SLB Document 1 Filed 07/22/14 Page 1 of 13 Case 7:14-cv-01410-SLB Document 1 Filed 07/22/14 Page 1 of 13 FILED 2014 Jul-22 PM 02:45 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN

More information

CAUSE NO. JANE DOE, Individually and as IN THE DISTRICT COURT Next Friend of JOHN DOE, a Minor Child, Plaintiffs,

CAUSE NO. JANE DOE, Individually and as IN THE DISTRICT COURT Next Friend of JOHN DOE, a Minor Child, Plaintiffs, CAUSE NO. JANE DOE, Individually and as IN THE DISTRICT COURT Next Friend of JOHN DOE, a Minor Child, Plaintiffs, v. OF DR. JEFFREY D. CONE, MD Defendant. POTTER COUNTY, TEXAS PLAINTIFFS ORIGINAL PETITION

More information

GRAY, L.L.C. 760 ROUTE 10 WEST, SUITE 203 WHIPPANY, NEW JERSEY PH: F: Attorneys for Plaintiff S.P., a fictitious name

GRAY, L.L.C. 760 ROUTE 10 WEST, SUITE 203 WHIPPANY, NEW JERSEY PH: F: Attorneys for Plaintiff S.P., a fictitious name POMPELIO, FOREMAN & GRAY, L.L.C. 760 ROUTE 10 WEST, SUITE 203 WHIPPANY, NEW JERSEY 07981 PH: 973-240-7313 F: 973-240-7316 Attorneys for Plaintiff S.P., a fictitious name S. P., a fictitious name, vs. Plaintiff,

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed January 31, 2007

IN THE COURT OF APPEALS OF IOWA. No / Filed January 31, 2007 IN THE COURT OF APPEALS OF IOWA No. 6-931 / 06-0803 Filed January 31, 2007 JANICE S. STUECKRATH, MICHAEL E. STUECKRATH, EMILY STUECKRATH, a Minor, JOEY STUECKRATH, a Minor, ADAM STUECKRATH, a Minor, Plaintiffs-Appellants,

More information

Summary of Contents. PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2

Summary of Contents. PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2 Summary of Contents Director s Foreword... Editor s Foreword... iii v PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2 PART II. INTENTIONAL HARM TO PERSONS OR PROPERTY Chapter

More information

IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY. Plaintiffs, Case No: PETITION THE PARTIES

IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY. Plaintiffs, Case No: PETITION THE PARTIES IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY QUINTON DURUJI, on Behalf of Himself and all Others Similarly Situated; vs. Plaintiffs, Case No: PLATINUM SERVICES, INC. n/k/a PLATINUM SUPPLEMENTAL

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed February 9, Appeal from the Iowa District Court for Warren County, Paul R.

IN THE COURT OF APPEALS OF IOWA. No / Filed February 9, Appeal from the Iowa District Court for Warren County, Paul R. IN THE COURT OF APPEALS OF IOWA No. 1-029 / 10-1025 Filed February 9, 2011 ESTATE OF TOMMY RAY LYON and RONDA LYON, Plaintiffs-Appellees, vs. RODNEY N. HEEMSTRA, et al., Defendants-Appellants. Judge. Appeal

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division Civil Action No.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division Civil Action No. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division Civil Action No. x : G. PEREZ, J. PEREZ and : M. SOSA, : CLASS ACTION COMPLAINT : Plaintiffs, : DEMAND FOR JURY TRIAL

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC EAST COAST ENTERTAINMENT, INC., d/b/a THE VOODOO LOUNGE., Petitioner, vs.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC EAST COAST ENTERTAINMENT, INC., d/b/a THE VOODOO LOUNGE., Petitioner, vs. IN THE SUPREME COURT OF FLORIDA CASE NO. SC07-764 EAST COAST ENTERTAINMENT, INC., d/b/a THE VOODOO LOUNGE., Petitioner, vs. JENNIFER BORDA, Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS BRUCE PIERSON and DAVID GAFFKA, Plaintiffs/Counterdefendants- Appellants/Cross-Appellees, UNPUBLISHED July 19, 2005 v No. 260661 Livingston Circuit Court ANDRE AHERN,

More information

United States Court of Appeals. Sixth Circuit

United States Court of Appeals. Sixth Circuit Case: 15-2329 Document: 33 Filed: 04/14/2016 Page: 1 Nos. 15-2329 / 15-2330 In the United States Court of Appeals for the Sixth Circuit DAVID ALAN SMITH, Plaintiff-Appellee/Cross-Appellant, v. LEXISNEXIS

More information

FILED: NEW YORK COUNTY CLERK 05/01/ :11 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2015

FILED: NEW YORK COUNTY CLERK 05/01/ :11 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2015 FILED: NEW YORK COUNTY CLERK 05/01/2015 05:11 PM INDEX NO. 154399/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CLARE MALNAR, individually

More information

No SAMUEL HALL; HALL & GRIFFITH, PC

No SAMUEL HALL; HALL & GRIFFITH, PC NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 15-1564 ELSA HALL, As Personal Representative of the Estate of Ethlyn Louise Hall and as Successor Trustee of the Ethlyn Louise

More information

In The Court of Appeals Fifth District of Texas at Dallas. No CV

In The Court of Appeals Fifth District of Texas at Dallas. No CV AFFIRM; and Opinion Filed August 5, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01289-CV WEST FORK ADVISORS, LLC, Appellant V. SUNGARD CONSULTING SERVICES, LLC AND SUNGARD

More information

Case: 1:15-cv Document #: 1 Filed: 02/03/15 Page 1 of 10 PageID #:1

Case: 1:15-cv Document #: 1 Filed: 02/03/15 Page 1 of 10 PageID #:1 Case: 1:15-cv-01061 Document #: 1 Filed: 02/03/15 Page 1 of 10 PageID #:1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION KEVIN TAPIA and FELIPE HERNANDEZ, ) No. ) Plaintiffs,

More information

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 552

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 552 78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session Enrolled Senate Bill 552 Sponsored by Senator GELSER, Representative VEGA PEDERSON, Senator KNOPP; Senators ROSENBAUM, SHIELDS, Representatives BARKER,

More information

Case: Document: 20 Filed: 01/26/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Filed: January 26, 2017

Case: Document: 20 Filed: 01/26/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Filed: January 26, 2017 Case: 16-2424 Document: 20 Filed: 01/26/2017 Page: 1 Deborah S. Hunt Clerk UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI,

More information

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 10, 2005 Session

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 10, 2005 Session IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 10, 2005 Session THE CENTER FOR DIGESTIVE DISORDERS AND CLINICAL RESEARCH, P.C., v. RONALD J. CALISHER, Individually and NORMAN A. LAZERINE, Individually

More information

RESNICK v. BAKERNO. 13-P-234.

RESNICK v. BAKERNO. 13-P-234. RESNICK v. BAKERNO. 13-P-234. MARC RESNICK, vs. JEFFREY S. BAKER, P.C. Appeals Court of Massachusetts. October 8, 2014. By the Court (Cypher, Graham & Carhart, JJ.). MEMORANDUM AND ORDER PURSUANT TO RULE

More information

IN THE SUPREME COURT OF IOWA SUPREME COURT NO DISTRICT COURT NO. LACV TODD MORRIS. Plaintiff-Appellant, STEFFES GROUP, INC.

IN THE SUPREME COURT OF IOWA SUPREME COURT NO DISTRICT COURT NO. LACV TODD MORRIS. Plaintiff-Appellant, STEFFES GROUP, INC. IN THE SUPREME COURT OF IOWA SUPREME COURT NO. 17-1466 DISTRICT COURT NO. LACV095926 ELECTRONICALLY FILED JUL 02, 2018 CLERK OF SUPREME COURT TODD MORRIS Plaintiff-Appellant, v. STEFFES GROUP, INC. Defendant-Appellee.

More information

Circuit Court for Baltimore City Case No. 24-C UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2016

Circuit Court for Baltimore City Case No. 24-C UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2016 Circuit Court for Baltimore City Case No. 24-C-13-005664 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1717 September Term, 2016 BALTIMORE CITY COMMUNITY COLLEGE v. MARCELLUS JACKSON Leahy,

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO If you owned Class A-1 Common Units of Archstone-Smith Operating Trust on May 29, 2007, you may be affected by a class action lawsuit that is currently

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS KELLER CONSTRUCTION, INC., Plaintiff-Appellant/Cross-Appellee, UNPUBLISHED July 8, 2008 v No. 275379 Ontonagon Circuit Court U.P. ENGINEERS & ARCHITECTS, INC., JOHN LC

More information

Case: Document: 15 Filed: 01/16/2018 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Case: Document: 15 Filed: 01/16/2018 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Case: 18-1040 Document: 15 Filed: 01/16/2018 Page: 1 Deborah S. Hunt Clerk UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI,

More information

DOCKETING STATEMENT (Civil)

DOCKETING STATEMENT (Civil) Appellate Docket Number: Print Form Appellate Case Style: Vs. Companion Case No.: Add Another Companion Case No. Delete Companion No. Amended/corrected statement: DOCKETING STATEMENT (Civil) Appellate

More information

Case 1:18-cv RP Document 1 Filed 06/13/18 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:18-cv RP Document 1 Filed 06/13/18 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION Case 1:18-cv-00498-RP Document 1 Filed 06/13/18 Page 1 of 13 LISA COLE, Plaintiff, v. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION AMERICAN LEGION AUXILIARY DEPARTMENT

More information

Case3:05-cv WHA Document1 Filed02/14/05 Page1 of 5

Case3:05-cv WHA Document1 Filed02/14/05 Page1 of 5 Case:0-cv-00-WHA Document Filed0//0 Page of Wayne Johnson, SBN: Law Offices of Wayne Johnson P.O. Box 0 Oakland, CA 0 (0) - Attorney for Plaintiffs 0 LYNART COLLINS, UNITED STATES DISTRICT COURT NORTHERN

More information

Case 2:12-cv JRG-RSP Document 1 Filed 08/02/12 Page 1 of 6 PageID #: 1

Case 2:12-cv JRG-RSP Document 1 Filed 08/02/12 Page 1 of 6 PageID #: 1 Case 2:12-cv-00421-JRG-RSP Document 1 Filed 08/02/12 Page 1 of 6 PageID #: 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SHELLY K. COPPEDGE VS. CIVIL ACTION NO. ETHICON,

More information

DISTRICT COURT CLARK COUNTY, NEVADA

DISTRICT COURT CLARK COUNTY, NEVADA COM JEFFERY A. BENDAVID, ESQ. Nevada Bar No. 0 STEPHANIE J. SMITH, ESQ. Nevada Bar No. 0 MORAN BRANDON BENDAVID MORAN 0 South th Street Las Vegas, Nevada 1 (0) - j.bendavid@moranlawfirm.com Attorney for

More information

Case 4:12-cv Document 1 Filed in TXSD on 06/04/12 Page 1 of 6

Case 4:12-cv Document 1 Filed in TXSD on 06/04/12 Page 1 of 6 Case 4:12-cv-01680 Document 1 Filed in TXSD on 06/04/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MICHELLE LYONS Plaintiff v. CIVIL ACTION NO.

More information

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA R. J. REYNOLDS TOBACCO COMPANY, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

More information

IN THE SUPREME COURT OF FLORIDA PETITIONER S JURISDICTIONAL BRIEF. On Review from the District Court of Appeal, Fourth District.

IN THE SUPREME COURT OF FLORIDA PETITIONER S JURISDICTIONAL BRIEF. On Review from the District Court of Appeal, Fourth District. BARBARA JOSEPH Petitioner, v. IN THE SUPREME COURT OF FLORIDA LENA CHANIN, Respondent. / CASE NO. PETITIONER S JURISDICTIONAL BRIEF On Review from the District Court of Appeal, Fourth District State of

More information

IN THE SUPREME COURT OF IOWA NO STATE OF IOWA, Plaintiff-Appellee, vs. BRIAN PATRICK CLEMENS. Defendant-Appellant.

IN THE SUPREME COURT OF IOWA NO STATE OF IOWA, Plaintiff-Appellee, vs. BRIAN PATRICK CLEMENS. Defendant-Appellant. IN THE SUPREME COURT OF IOWA NO. 16-2087 ELECTRONICALLY FILED JUN 08, 2017 CLERK OF SUPREME COURT STATE OF IOWA, Plaintiff-Appellee, BRIAN PATRICK CLEMENS. Defendant-Appellant. APPEAL FROM THE IOWA DISTRICT

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS GENERAL AGENCY COMPANY, Plaintiff/Counter-Defendant- Appellee, UNPUBLISHED April 27, 2010 v No. 288663 Presque Isle Circuit Court HURON OIL COMPANY, L.L.C., PEARSONS,

More information

F I -^ JUN CLERK OF COURT JUN SUPREME COURT OF OHIO SUPREME (;UURT OF OHIO THE SUPREME COURT OF OHIO LAWRENCE J.

F I -^ JUN CLERK OF COURT JUN SUPREME COURT OF OHIO SUPREME (;UURT OF OHIO THE SUPREME COURT OF OHIO LAWRENCE J. THE SUPREME COURT OF OHIO LAWRENCE J. SELEVAN, Appellant, -vs LEAH SELEVAN, Appellee. 12-2 6 On Appeal from the Hamilton County Court of Appeals, First Appellate District Court of Appeals Consolidated

More information

THE SUPREME COURT OF THE STATE OF ALASKA

THE SUPREME COURT OF THE STATE OF ALASKA Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage,

More information

How to Use Torts Tactically in Employment Litigation

How to Use Torts Tactically in Employment Litigation How to Use Torts Tactically in Employment Litigation Ty Hyderally, Esq. Hyderally & Associates, P.C. 33 Plymouth Street, Suite 202 Montclair, NJ 07042 tyh@employmentlit.com www.employmentlit.com O- (973)

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No DOROTHY HENDERSON; ROBIN HOWARD, Appellants CHARTIERS VALLEY SCHOOL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No DOROTHY HENDERSON; ROBIN HOWARD, Appellants CHARTIERS VALLEY SCHOOL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NOT PRECEDENTIAL No. 04-1593 DOROTHY HENDERSON; ROBIN HOWARD, Appellants v. CHARTIERS VALLEY SCHOOL Appeal from the United States District Court for

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 MARVIN I. HOROWITZ AND HOROWITZ & GUDEMAN, P.C., Appellants, v. CASE NO. 5D98-1944 EDWARD LASKE & RUTH E. LASKE, etc.,

More information

Common law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S.

Common law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S. Litigation U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3 20122 Milano Comparing England and Wales and the U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiffs, Defendants.

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiffs, Defendants. CASE 0:15-cv-01491-MJD-SER Document 5 Filed 04/07/15 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Disability Support Alliance, on behalf of its members; and Zach Hillesheim, Civil File

More information

IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION HERBERT CROWELL, On Behalf of

IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION HERBERT CROWELL, On Behalf of IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION HERBERT CROWELL, On Behalf of Himself and All ) Case No. 98-009023-AI Others Similarly

More information

The Civil Action Part 1 of a 4 part series

The Civil Action Part 1 of a 4 part series The Civil Action Part 1 of a 4 part series The American civil judicial system is slow, and imperfect, but many times a victim s only recourse in attempting to me made whole after suffering an injury. This

More information

Case 3:08-cv CRW-CFB Document 1 Filed 11/07/2008 Page 1 of 12

Case 3:08-cv CRW-CFB Document 1 Filed 11/07/2008 Page 1 of 12 Case 3:08-cv-00141-CRW-CFB Document 1 Filed 11/07/2008 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA-DAVENPORT DIVISION MELISSA ROSE WALDING MILLIGAN, Plaintiff, No.

More information

IN THE SUPREME COURT THE STATE OF FLORIDA CASE NO. SC DCA CASE NO. 3D DOCTOR DIABETIC SUPPLY, INC., Appellant / Petitioner,

IN THE SUPREME COURT THE STATE OF FLORIDA CASE NO. SC DCA CASE NO. 3D DOCTOR DIABETIC SUPPLY, INC., Appellant / Petitioner, IN THE SUPREME COURT THE STATE OF FLORIDA CASE NO. SC10-1922 3DCA CASE NO. 3D09-1475 DOCTOR DIABETIC SUPPLY, INC., Appellant / Petitioner, v. POAP CORP. d/b/a EXCHANGE PLACE, Appellee / Respondent. PETITIONER

More information

Headnote: Tina R. Hill v. Ricardo L. Scartascini, et al., No. 1997, September Term 1999.

Headnote: Tina R. Hill v. Ricardo L. Scartascini, et al., No. 1997, September Term 1999. Headnote: Tina R. Hill v. Ricardo L. Scartascini, et al., No. 1997, September Term 1999. TORTS - JOINT TORTFEASORS ACT - Under the Maryland Uniform Contribution Among Joint Tort-Feasors Act, when a jury

More information

No IN THE SUPREME COURT OF THE STATE OF MONTANA 2001 MT 251. ROBERT D. DuBRAY, Plaintiff and Appellant, FARMERS INSURANCE EXCHANGE and

No IN THE SUPREME COURT OF THE STATE OF MONTANA 2001 MT 251. ROBERT D. DuBRAY, Plaintiff and Appellant, FARMERS INSURANCE EXCHANGE and No. 01-068 IN THE SUPREME COURT OF THE STATE OF MONTANA 2001 MT 251 ROBERT D. DuBRAY, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE and JOHN DOES 1-10, Defendants and Respondents. APPEAL FROM:

More information

NO CV. In the Court of Appeals. For the Third Supreme Judicial District of Texas. Austin, Texas JAMES BOONE

NO CV. In the Court of Appeals. For the Third Supreme Judicial District of Texas. Austin, Texas JAMES BOONE NO. 03-16-00259-CV ACCEPTED 03-16-00259-CV 13047938 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/4/2016 11:45:25 AM JEFFREY D. KYLE CLERK In the Court of Appeals For the Third Supreme Judicial District of Texas

More information

COUNSEL JUDGES. Bivins, J., wrote the opinion. WE CONCUR: RAMON LOPEZ, Judge, THOMAS A. DONNELLY, Judge AUTHOR: BIVINS OPINION

COUNSEL JUDGES. Bivins, J., wrote the opinion. WE CONCUR: RAMON LOPEZ, Judge, THOMAS A. DONNELLY, Judge AUTHOR: BIVINS OPINION GONZALES V. UNITED STATES FID. & GUAR. CO., 1983-NMCA-016, 99 N.M. 432, 659 P.2d 318 (Ct. App. 1983) ARTURO JUAN GONZALES vs. UNITED STATES FIDELITY & GUARANTY COMPANY. No. 5903 COURT OF APPEALS OF NEW

More information

Courthouse News Service

Courthouse News Service Case :0-cv-0-ROS Document Filed 0//0 Page of 0 0 JELLISON LAW OFFICES, PLLC 0 North Central Avenue Suite 00 Phoenix, Arizona 0 Telephone: (0) -00 Facsimile: (0) 0-0 E-mail: jim@jellisonlaw.com JAMES M.

More information

This letter responds to your with questions concerning HB 658, which proposes amendments to various trespass statutes in the Idaho Code.

This letter responds to your  with questions concerning HB 658, which proposes amendments to various trespass statutes in the Idaho Code. STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN March 6, 2018 Representative Ilana Rubel Idaho House of Representatives Idaho State Capitol Boise ID 83720 Via email: IRubel@house.idaho.gov

More information

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Case :0-cv-000-RLH-RJJ Document Filed 0//00 Page of 0 0 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * CISILIE VAILE PORSBOLL, ) fna CISILIE A. VAILE, ) individually and as Guardian of ) KAIA LOUISE

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed June 17, 2009

IN THE COURT OF APPEALS OF IOWA. No / Filed June 17, 2009 IN THE COURT OF APPEALS OF IOWA No. 9-240 / 08-1578 Filed June 17, 2009 QUYNH DANG, A Minor, by QUI DANG, Her Father and Next Friend, QUI DANG and TRANG BUI, Plaintiffs-Appellants, vs. DES MOINES COMMUNITY

More information

9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 1 of 8

9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 1 of 8 9:12-cv-02672-PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION JULIE BANGERT, ) Civil Action #: ) PLAINTIFF,

More information