UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER

Size: px
Start display at page:

Download "UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER"

Transcription

1 Case 0:10-cv PAM-RLE Document 33 Filed 07/13/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ideal Development Corporation, Mike Fogarty, J.W. Sullivan, George Riches, Warren Kleinsasser, H. Duitsman, Paul Sandelin, Lonny Thomas, Bill Anderson, Ted Silva, and Darrell Swanson, Plaintiffs, Civil No (PAM/RLE) v. MEMORANDUM AND ORDER United States Liability Insurance Company, Defendant. This matter is before the Court on Defendant s Motion to Dismiss and Plaintiffs Motion for Summary Judgment. For the reasons that follow, Defendant s Motion is granted and Plaintiffs Motion is denied. BACKGROUND Plaintiffs are Ideal Development Corporation ( Ideal ) and past and present members of Ideal s board of directors. In 2007, James Gammello, another member of Ideal s board and an Ideal shareholder, launched a tender offer for Ideal through Gammello s solely owned LLC, Whitefish Golf Acquisition ( Whitefish ). Ideal s board blocked the tender offer, and some time later, Ideal brought suit against Gammello in state court. Gammello counterclaimed against Ideal and raised third-party claims against the individual Plaintiffs. Ideal tendered the counterclaims/third-party claims to its directors and officers liability insurer, United States Liability Insurance Company ( US Liability ) for defense and

2 Case 0:10-cv PAM-RLE Document 33 Filed 07/13/10 Page 2 of 8 indemnification. US Liability denied coverage under the policy s insured vs. insured exclusion. Two more state-court lawsuits between Gammello and Ideal followed. In the first lawsuit, Gammello and Whitefish brought claims against Ideal and its directors for breach of fiduciary duty and related claims arising out of the Whitefish tender offer. Two months later, that complaint was amended to remove Gammello from the pleadings and to assert claims only on behalf of Whitefish. The final lawsuit was brought almost simultaneously with the second, and was a shareholder derivative action involving Gammello and 11 other Ideal shareholders. Ideal tendered each of Gammello s complaints to US Liability, and US Liability refused to provide defense and indemnification on the basis of the insured vs. insured exclusion. In January 2010, the parties to the state-court lawsuits entered into a global settlement that, including attorneys fees and costs, exceeded the $1 million limit in Ideal s policy with US Liability. Ideal then brought this lawsuit contending that the terms of the policy unambiguously require US Liability to provide defense and indemnification. US Liability argues that the policy unambiguously excludes coverage. The policy at issue is a directors and officers liability policy which provides insurance coverage to the company, or Organization, and its officers and directors, defined as Insureds, for Wrongful Acts arising solely out of an Insured s duties on behalf of the Organization. (Corporate Directors & Officers Liability Policy between US Liability and Ideal (Docket No. 13), at 10 (July 2, 2006 to July 1, 2007).) There is a dispute as to which version of the US Liability policy applies here. All of the policies are claims-made 2

3 Case 0:10-cv PAM-RLE Document 33 Filed 07/13/10 Page 3 of 8 policies, meaning that the insurance coverage applies to claims made against Ideal or the other insureds during the relevant policy period. Plaintiffs rely on the policy in effect from July 1, 2008 to July 1, However, Gammello brought his counterclaims and third-party claims in April 2008, before the effective date of the policy on which Plaintiffs rely. US Liability relies on the policy in effect from July 1, 2006 through July 1, 2007, contending that Gammello sent Ideal a demand letter in May 2007 that triggered the policy in effect at that time. There does not appear to be a significant difference between the policy and the policy, which was indisputedly in effect when Gammello filed the second and third lawsuits. The policy, however, contains an endorsement regarding the allocation of defense costs that the other two policies do not contain. Because there is no dispute that all claims were in existence before the effective date of the policy, the Court will rely on the earlier versions of the policy. Plaintiffs arguments about the import of the allocation provision are thus without merit. The policy defines Insureds to include directors such as all of the individual Plaintiffs and Gammello. See id. at 11 ( Individual Insured(s) means: (1) any persons who were, now are or shall be duly elected or appointed Directors, Officers, Managing Members of Employees of the Organization.... ). The policy excludes from coverage: I. any Claim by, at the behest of or on behalf of the Organization and/or any Individual Insured; provided that this exclusion shall not apply to: (1) any derivative action by a security holder of the Organization on behalf of, or in the name or right of, the Organization, if such action is brought and maintained totally independent of, and without the solicitation, assistance, participation or intervention 3

4 Case 0:10-cv PAM-RLE Document 33 Filed 07/13/10 Page 4 of 8 Id. at 12. DISCUSSION of, any of the Insureds; or (2) a Claim that is brought and maintained by or on behalf of any Individual Insured for contribution or indemnity which is part of or results directly from a Claim which is otherwise covered by the terms of this Policy.... Although Plaintiffs seek summary judgment and US Liability seeks dismissal on the pleadings, the parties agree that there are no material factual issues remaining to be resolved and that final judgment is therefore appropriate on Plaintiffs claim that US Liability has the duty to defend Plaintiffs against Gammello s lawsuits. The parties have presented evidence outside the pleadings, and thus the Court will evaluate both parties Motions under the Rule 56 summary-judgment standard. Summary judgment is proper if there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). The Court must view the evidence and the inferences that may be reasonably drawn from the evidence in the light most favorable to the nonmoving party. Enter. Bank v. Magna Bank, 92 F.3d 743, 747 (8th Cir. 1996). However, a party opposing a properly supported motion for summary judgment may not rest on mere allegations or denials, but must set forth specific facts in the record showing that there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986). An insurer has a duty to defend claims that arguably fall within the scope of the 4

5 Case 0:10-cv PAM-RLE Document 33 Filed 07/13/10 Page 5 of 8 policy. Meadowbrook, Inc. v. Tower Ins. Co., 559 N.W.2d 411, 415 (Minn. 1997). It is well settled that exclusions in coverage are construed strictly against the insurer. Bob Useldinger & Sons, Inc. v. Hangsleben, 505 N.W.2d 323, 327 (Minn. 1993) To succeed on their claims and to defeat US Liability s Motion, Plaintiffs must show that the policy exclusion does not apply to claims brought by insureds such as Gammello in a capacity other than as a director of Ideal. In other words, Plaintiffs contend that the Court should read into the policy a requirement that a claim brought by an insured in some other capacity as a shareholder or a disgruntled employee, for example does not fall within the insured vs. insured exclusion. The policy is straightforward, however. It does not apply to any claims brought by an insured, whether on behalf of that insured or at his behest. Plaintiffs interpretation of the policy language is nonsensical. The exclusion unambiguously excludes all lawsuits brought by, on behalf of, or at the behest of, an insured. Moreover, the interpretation Plaintiffs urge cannot be squared with the first subsection of the exclusion, which provides that shareholder derivative suits are not excluded from coverage if such suits are brought and maintained totally independent of, and without the solicitation, assistance, participation or intervention of, any of the Insureds. The clear implication of this subsection is that other lawsuits, not brought independently of an insured, are excluded from coverage. In addition, this subsection unambiguously and specifically excludes from coverage the shareholder derivative action brought by Gammello and other shareholders, and Plaintiffs claims regarding that lawsuit must be dismissed. 5

6 Case 0:10-cv PAM-RLE Document 33 Filed 07/13/10 Page 6 of 8 Plaintiffs insist that their claims regarding the other two lawsuits survive. As noted above, Plaintiffs ask the Court to read into the policies a capacity requirement. Thus, according to Plaintiffs, the insured vs. insured exclusions apply only if the claims are brought by an insured in his capacity as an insured. Plaintiffs point to Conklin Co. v. Nat l Union Fire Ins. Co., No , 1987 WL (D. Minn. Jan. 28, 1987) (MacLaughlin, J.) to support their argument. In Conklin, the Court denied an insurer s motion to dismiss, finding that an insured vs. insured exclusion did not apply to exclude from coverage a wrongful discharge claim brought by a former officer of the corporation. The court relied on the purpose of [the insured vs. insured exclusion] which was, according to the court, to prevent collusive or friendly lawsuits. Id. at *2. As support for this determination, the court relied on a law review article, but did not cite any caselaw. Because the lawsuit at issue in Conklin was not collusive, the court found that the insurance company could potentially be required to provide a defense to the lawsuit, and thus denied the insurer s motion to dismiss. Id. at *3. The court notably did not determine as a matter of law that the insurer was required to provide defense and indemnification for the lawsuit. US Liability relies on a more recent case from this District, Miller v. ACE USA, 261 F. Supp. 2d 1130 (D. Minn. 2003) (Montgomery, J.). In Miller, a former employee brought allegations of sex discrimination and retaliation against a company and some of its officers. The court determined that the insured vs. insured exclusion barred coverage for the former employee s lawsuit, and granted the insurer s motion for summary judgment. Id. at The insured vs. insured exclusion in Miller is nearly identical to the exclusion at issue 6

7 Case 0:10-cv PAM-RLE Document 33 Filed 07/13/10 Page 7 of 8 here. In Miller, the exclusion applied to claims by, on behalf [of], or at the direction of any of the Insureds.... Id. at 1138; but cf. Conklin, 1987 WL , at *1 (policy s exclusion applied to claims made against the Insureds by an Insured ). This Court agrees with Miller that there is no ambiguity in the insured vs. insured exclusion, and thus no need to look to the purpose of the exclusion to determine its meaning. See Miller, 261 F. Supp. 2d at 1139 (citing Gen. Mills, Inc. v. Gold Medal Ins. Co., 622 N.W.2d 147, 151 (Minn. Ct. App. 2001)). The insured vs. insured exclusion in Ideal s policy unambiguously excludes from coverage the lawsuits at issue here. Although the Court agrees with US Liability that Miller is ultimately more persuasive than Conklin, the Court must comment on US Liability s discussion of these decisions. In that discussion, US Liability fundamentally misapprehends how the federal district courts operate. US Liability repeatedly comments that Conklin is an unpublished opinion while Miller is published, implying that a case s publication status renders that case more or less persuasive. This is simply not so. In federal court, district court opinions have persuasive value based on the reasoning of the opinion, and publication or lack thereof has no influence other than ease of citation. In addition, US Liability contends that the Miller case superceded Conklin, because Miller was decided after Conklin and did not adopt Conklin s reasoning. This is also a misunderstanding of federal district courts. Opinions authored by other judges of this District, or by judges in any other district court, are persuasive but not binding authority on this Court. One judge s opinion simply cannot supercede another judge s opinion. Only 7

8 Case 0:10-cv PAM-RLE Document 33 Filed 07/13/10 Page 8 of 8 a Circuit Court of Appeals or the United States Supreme Court can supercede a district court s decisions. All of the lawsuits here involve Gammello, either personally or at his behest. The policy language is clear that such lawsuits are excluded from coverage. CONCLUSION Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiffs Motion for Summary Judgment (Docket No. 15) is DENIED; 2. Defendant s Motion to Dismiss (Docket No. 6) is GRANTED; and 3. Plaintiffs claims are DISMISSED with prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: Monday, July 12, 2010 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN M. KELLY : CIVIL ACTION : v. : : No. 09-1641 NATIONAL LIABILITY & FIRE : INSURANCE COMPANY : MEMORANDUM Ludwig. J.

More information

CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG)

CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG) CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG) State of Minnesota ) ) v. ) ORDER ) Robert B. Beale, Rebecca S.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,

More information

Case 2:14-cv-00170-TS Document 45 Filed 05/11/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

Case 2:14-cv-00170-TS Document 45 Filed 05/11/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH Case 2:14-cv-00170-TS Document 45 Filed 05/11/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation, and

More information

case 1:11-cv-00399-JTM-RBC document 35 filed 11/29/12 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

case 1:11-cv-00399-JTM-RBC document 35 filed 11/29/12 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION case 1:11-cv-00399-JTM-RBC document 35 filed 11/29/12 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION CINDY GOLDEN, Plaintiff, v. No. 1:11 CV 399 STATE FARM MUTUAL

More information

Case 2:14-cv-00797-BMS Document 16 Filed 02/06/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM

Case 2:14-cv-00797-BMS Document 16 Filed 02/06/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM Case 2:14-cv-00797-BMS Document 16 Filed 02/06/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AMERICAN WESTERN : HOME INSURANCE COMPANY, : CIVIL ACTION Plaintiff,

More information

IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY ATTORNEYS LIABILITY PROTECTION ) SOCIETY, INC., a Risk Retention Group, ) ) Plaintiff / Counterclaim ) Defendant, ) ) v. ) ) JAY

More information

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00389-MJW-BNB ERNA GANSER, Plaintiff, v. ROBERT

More information

Henkel Corp v. Hartford Accident

Henkel Corp v. Hartford Accident 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2008 Henkel Corp v. Hartford Accident Precedential or Non-Precedential: Non-Precedential Docket No. 06-4856 Follow

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MARYLAND ACCOUNTING SERVICES, INC., et al. Plaintiffs, v. Case No. CCB-11-CV-00145 CONTINENTAL CASUALTY COMPANY, Defendant. MEMORANDUM Plaintiffs

More information

Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) METROPOLITAN LIFE INSURANCE ) COMPANY, ) ) Plaintiff, ) ) CIVIL ACTION v.

More information

Case 4:14-cv-01527 Document 39 Filed in TXSD on 07/08/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORDER

Case 4:14-cv-01527 Document 39 Filed in TXSD on 07/08/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORDER Case 4:14-cv-01527 Document 39 Filed in TXSD on 07/08/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARTIS SPECIALTY INSURANCE CO., Plaintiff, v. CIVIL ACTION

More information

Case: 1:10-cv-08146 Document #: 27 Filed: 06/29/11 Page 1 of 8 PageID #:342

Case: 1:10-cv-08146 Document #: 27 Filed: 06/29/11 Page 1 of 8 PageID #:342 Case: 1:10-cv-08146 Document #: 27 Filed: 06/29/11 Page 1 of 8 PageID #:342 TKK USA INC., f/k/a The Thermos Company, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Plaintiff,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Thompson v. Hartford Accident and Indemnity Company et al Doc. 1 1 1 WO William U. Thompson, v. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, Property & Casualty Insurance

More information

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9 WESTERN WORLD INSURANCE COMPANY, INC., Plaintiff, v. JAMES CZECH and WILLIAMS BUILDING COMPANY, INC., Defendants. United States District Court

More information

Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SUZANNE BUTLER, Individually and as : Administratrix of the Estate

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JOAN FALLOWS KLUGE, Plaintiff, v. Civil No. L-10-00022 LIFE INSURANCE COMPANY OF NORTH AMERICA Defendant. MEMORANDUM Plaintiff, Joan Fallows

More information

The following constitutes the order of the Court.

The following constitutes the order of the Court. U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S DOCKET The following constitutes the order of the Court. Signed January 20, 2005.

More information

Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co.

Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co. Public Land and Resources Law Review Volume 0 Fall 2013 Case Summaries Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co. Katelyn J. Hepburn University of Montana School of Law, katelyn.hepburn@umontana.edu

More information

Case 0:14-cv-62840-JIC Document 44 Entered on FLSD Docket 09/30/2015 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:14-cv-62840-JIC Document 44 Entered on FLSD Docket 09/30/2015 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 0:14-cv-62840-JIC Document 44 Entered on FLSD Docket 09/30/2015 Page 1 of 12 UNITED STATES LIABILITY INSURANCE COMPANY, v. Plaintiff, KELLEY VENTURES, LLC, KEVIN P. KELLEY, and PHOENIX MOTORS, INC.,

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. MEAD JOHNSON & COMPANY et al Doc. 324 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION NATIONAL UNION FIRE INSURANCE

More information

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) CITY OF LINCOLN V. DIAL REALTY DEVELOPMENT NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 187 CASE 0:09-cv-00975-JRT-TNL Document 170 Filed 09/30/10 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA A.P.I., INC., ASBESTOS SETTLEMENT TRUST and A.P.I., INC., Civil No. 09-975 (JRT/JJG)

More information

Case 1:12-cv-21961-CMA Document 45 Entered on FLSD Docket 12/20/2012 Page 1 of 12

Case 1:12-cv-21961-CMA Document 45 Entered on FLSD Docket 12/20/2012 Page 1 of 12 Case 1:12-cv-21961-CMA Document 45 Entered on FLSD Docket 12/20/2012 Page 1 of 12 360 CONDOMINIUM B ASSOCIATION, INC., vs. Plaintiff, UNITED STATES LIABILITY INSURANCE COMPANY, et al., Defendants. / UNITED

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 1 PAUL ELKINS and KATHY ELKINS, husband and wife, v. Plaintiffs, QBE INSURANCE CORPORATION, a foreign insurer; COMMUNITYASSOCIATION

More information

Case 1:05-cv-00050-GC Document 29 Filed 12/13/05 Page 1 of 6 PageID #: 245 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

Case 1:05-cv-00050-GC Document 29 Filed 12/13/05 Page 1 of 6 PageID #: 245 UNITED STATES DISTRICT COURT DISTRICT OF MAINE Case 1:05-cv-00050-GC Document 29 Filed 12/13/05 Page 1 of 6 PageID #: 245 UNITED STATES DISTRICT COURT DISTRICT OF MAINE BUSINESS LENDERS, LLC, Plaintiff, v. Civil No. 05-50-B-C RITANNE CAVANAUGH GAZAK,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD. Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES D. FOWLER, ) ) Plaintiff, ) ) v. ) Case No.: 08-cv-2785 ) UNITED STATES OF AMERICA, ) Judge Robert M. Dow,

More information

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SANDRA H. DEYA and EDWIN DEYA, individually and as next friends and natural

More information

Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JAMES E. TOMLINSON and DARLENE TOMLINSON, his wife, v. Plaintiffs,

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 JOHN FRAZIER HUNT, : DECEMBER TERM, 2004 Plaintiff, : No. 2742 v. : (Commerce Program) NATIONAL

More information

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION. EARL A. POWELL, In the name of THE UNITED STATES OF AMERICA,

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION. EARL A. POWELL, In the name of THE UNITED STATES OF AMERICA, Case 4:05-cv-00008-JAJ-RAW Document 80 Filed 11/21/2007 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION EARL A. POWELL, In the name of THE UNITED STATES OF AMERICA,

More information

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 5:13-cv-04137-JWL-JPO Document 16 Filed 02/04/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, for the use and benefit of LAWRENCE KEVIN WRIGHT,

More information

Case 4:06-cv-00191 Document 12 Filed in TXSD on 05/25/06 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 4:06-cv-00191 Document 12 Filed in TXSD on 05/25/06 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Case 4:06-cv-00191 Document 12 Filed in TXSD on 05/25/06 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BARBARA S. QUINN, Plaintiff, v. CIVIL ACTION NO. H-06-00191

More information

Case 2:04-cv-03428-SRD-ALC Document 29 Filed 08/22/06 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO: 04-3428

Case 2:04-cv-03428-SRD-ALC Document 29 Filed 08/22/06 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO: 04-3428 Case 2:04-cv-03428-SRD-ALC Document 29 Filed 08/22/06 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA EDWARD McGARRY, ET AL CIVIL ACTION VERSUS NO: 04-3428 TRAVELERS LIFE AND ANNUITY

More information

Case 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 SUMMIT CONTRACTORS, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. CASE NO. 8:13-CV-295-T-17TGW

More information

FILED May 21, 2015 Carla Bender 4 th District Appellate Court, IL

FILED May 21, 2015 Carla Bender 4 th District Appellate Court, IL NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 140713-U NO. 4-14-0713

More information

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES MEYER, v. Plaintiff, DEBT RECOVERY SOLUTIONS

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CASE 0:09-cv-00013-DWF-RLE Document 94 Filed 05/12/10 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Tri-Marketing, Inc., a Minnesota corporation, Civil No. 09-13 (DWF/RLE) Plaintiff and

More information

2:09-cv-14271-LPZ-PJK Doc # 13 Filed 06/24/10 Pg 1 of 6 Pg ID 53 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:09-cv-14271-LPZ-PJK Doc # 13 Filed 06/24/10 Pg 1 of 6 Pg ID 53 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:09-cv-14271-LPZ-PJK Doc # 13 Filed 06/24/10 Pg 1 of 6 Pg ID 53 UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Plaintiff, CASE NO. 09-14271 HON.

More information

Case 0:05-cv-02409-DSD-RLE Document 51 Filed 03/16/2006 Page 1 of 6. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No.

Case 0:05-cv-02409-DSD-RLE Document 51 Filed 03/16/2006 Page 1 of 6. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. Case 0:05-cv-02409-DSD-RLE Document 51 Filed 03/16/2006 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 05-2409(DSD/RLE) Kristine Forbes (Lamke) and Morgan Koop, Plaintiffs, v.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA M E M O R A N D U M. STENGEL, J. November, 2005

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA M E M O R A N D U M. STENGEL, J. November, 2005 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA THE PRUDENTIAL INSURANCE : COMPANY of AMERICA, : CIVIL ACTION Plaintiff : : v. : NO. 04-462 : PAUL M. PRUSKY, : STEVEN G. PRUSKY,

More information

Case 2:14-cv-02386-MVL-DEK Document 33 Filed 04/14/15 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:14-cv-02386-MVL-DEK Document 33 Filed 04/14/15 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA Case 2:14-cv-02386-MVL-DEK Document 33 Filed 04/14/15 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA KIRSTEN D'JUVE CIVIL ACTION VERSUS NO: 14-2386 AMERICAN MODERN HOME INSURANCE

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ----

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ---- Filed 5/16/13; pub. order 6/12/13 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ---- STEVE SCHAEFER, Plaintiff and Respondent, C068229 (Super.

More information

F I L E D June 29, 2012

F I L E D June 29, 2012 Case: 11-20469 Document: 00511904997 Page: 1 Date Filed: 06/29/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D June 29, 2012 Lyle

More information

2015 IL App (1st) 140790-U. No. 1-14-0790 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 140790-U. No. 1-14-0790 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st 140790-U THIRD DIVISION March 25, 2015 No. 1-14-0790 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 143589-U SIXTH DIVISION September 11, 2015 No. 1-14-3589 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06. No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06. No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06 No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PATRICK RUGIERO, v. Plaintiff-Appellee, NATIONSTAR MORTGAGE, LLC; FANNIE MAE; MORTGAGE

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 UNIVERSAL TELESERVICES : November Term 2002 ARIZONA, LLC, Florida Limited Liability : Company,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13210. D.C. Docket No. 4:08-cv-00167-HL. versus

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13210. D.C. Docket No. 4:08-cv-00167-HL. versus Case: 12-13210 Date Filed: 03/27/2014 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-13210 D.C. Docket No. 4:08-cv-00167-HL AMERICAN FAMILY LIFE ASSURANCE

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WEINSTEIN SUPPLY CORPORATION : : v. : CIVIL ACTION : HOME INSURANCE COMPANIES, : THE HOME INDEMNITY COMPANY, : No. 97-7195 THE

More information

Case 1:12-cv-11280-DJC Document 35 Filed 08/27/13 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 1:12-cv-11280-DJC Document 35 Filed 08/27/13 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Case 1:12-cv-11280-DJC Document 35 Filed 08/27/13 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS KAREN L. BACCHI, Individually and on Behalf of all Persons Similarly Situated, Plaintiff,

More information

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OLD REPUBLIC INSURANCE COMPANY, v. Plaintiff, MICHIGAN CATASTROPHIC

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A14-1489 Dominic Gemelli, Appellant, vs. Lindsey

More information

Case 3:07-cv-00908-L Document 23 Filed 03/06/08 Page 1 of 9 PageID 482 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:07-cv-00908-L Document 23 Filed 03/06/08 Page 1 of 9 PageID 482 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Case 3:07-cv-00908-L Document 23 Filed 03/06/08 Page 1 of 9 PageID 482 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SR INTERNATIONAL BUSINESS INSURANCE COMPANY LTD., Plaintiff,

More information

Case 4:13-cv-01104 Document 40 Filed in TXSD on 02/26/15 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 4:13-cv-01104 Document 40 Filed in TXSD on 02/26/15 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Case 4:13-cv-01104 Document 40 Filed in TXSD on 02/26/15 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SHARON JACKSON, et al. Plaintiffs, v. CIVIL ACTION H-13-1104

More information

Case 1:11-cv-00912-TJM-DJS Document 196 Filed 06/20/14 Page 1 of 13. Plaintiff, v. 1:11-CV-912. Defendants. DECISION and ORDER

Case 1:11-cv-00912-TJM-DJS Document 196 Filed 06/20/14 Page 1 of 13. Plaintiff, v. 1:11-CV-912. Defendants. DECISION and ORDER Case 1:11-cv-00912-TJM-DJS Document 196 Filed 06/20/14 Page 1 of 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PACIFIC EMPLOYERS

More information

2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 THIRD DIVISION NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent

More information

Case 2:09-cv-03862-MLCF-KWR Document 327 Filed 07/21/11 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:09-cv-03862-MLCF-KWR Document 327 Filed 07/21/11 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA Case 2:09-cv-03862-MLCF-KWR Document 327 Filed 07/21/11 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA B&S EQUIPMENT CO., INC. CIVIL ACTION v. NO. 09-3862 c/w 10-832 10-1168 10-4592

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CINCINNATI INSURANCE COMPANY, Plaintiff, v. No. 4:01 CV 726 DDN VENETIAN TERRAZZO, INC., Defendant. DECLARATORY JUDGMENT Pursuant

More information

1071593, 1071604 SUPREME COURT OF ALABAMA

1071593, 1071604 SUPREME COURT OF ALABAMA Page 1 1 of 20 DOCUMENTS Colony Insurance Company v. Georgia-Pacific, LLC, Lumbermens Mutual Casualty Company, and Industrial Maintenance and Mechanical, Inc.; Geogia-Pacific, LLC v. Colony Insurance Company

More information

United States District Court Central District of California

United States District Court Central District of California CCCaaassseee :::- - -cccvvv- - -000000- - -OOODDDWWW- - -GGGJJJSSS DDDooocccuuummmeeennnttt FFFiiillleeeddd 000///000/// PPPaaagggeee ooofff PPPaaagggeee IIIDDD ###::: O JS- 0 MICHAEL PETERSEN, v. United

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 8:03CV165 Plaintiff, v. WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY and/or OMAHA WOODMEN LIFE INSURANCE

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA IN RE: CASE NO. JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7 SECURITY RESOURCES, L.L.C. ADV. NO and INTERFACE SECURITY SYSTEMS, L.L.C. 04-1005

More information

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION REGINA KUHN, Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT vs. COMFORT HOSPICE CARE, LLC,

More information

v. Civil Action No. 10-865-LPS

v. Civil Action No. 10-865-LPS IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GIAN BIOLOGICS, LLC, Plaintiff, v. Civil Action No. 10-865-LPS BIOMET INC. and BIOMET BIOLOGICS, LLC, Defendants. MEMORANDUM ORDER At Wilmington

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCION Case :-cv-00-rsm Document Filed 0// Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CGI TECHNOLOGIES AND SOLUTIONS, INC., in its capacity as sponsor and fiduciary for CGI

More information

Case: 1:06-cv-06591 Document #: 106 Filed: 01/15/08 Page 1 of 10 PageID #:

Case: 1:06-cv-06591 Document #: 106 Filed: 01/15/08 Page 1 of 10 PageID #:<pageid> Case: 1:06-cv-06591 Document #: 106 Filed: 01/15/08 Page 1 of 10 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION T. McGANN PLUMBING, INC., Plaintiff,

More information

2012 IL App (1st) 112728-U. No. 1-11-2728

2012 IL App (1st) 112728-U. No. 1-11-2728 2012 IL App (1st 112728-U FIRST DIVISION November 5, 2012 No. 1-11-2728 Notice: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CIVIL ACTION NO. H-10-4634 MEMORANDUM OPINION AND ORDER

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CIVIL ACTION NO. H-10-4634 MEMORANDUM OPINION AND ORDER UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION RLI INSURANCE COMPANY, VS. Plaintiff, WILLBROS CONSTRUCTION (U.S.) LLC, et al., Defendants. CIVIL ACTION NO. H-10-4634 MEMORANDUM

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS MYRA SELESNY, Personal Representative of the Estate of ABRAHAM SELESNY, UNPUBLISHED April 8, 2003 Plaintiff-Appellee, v No. 236141 Oakland Circuit Court U.S. LIFE INSURANCE

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3601 J.E. Jones Construction Co.; The Jones Company Custom Homes, Inc., Now known as REJ Custom Homes, Plaintiffs - Appellants, v. Appeal from

More information

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227

More information

Case 1:05-cv-01378-RLY-TAB Document 25 Filed 01/27/2006 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

Case 1:05-cv-01378-RLY-TAB Document 25 Filed 01/27/2006 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION Case 1:05-cv-01378-RLY-TAB Document 25 Filed 01/27/2006 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION VICKIE THORNBURG, Plaintiff, vs. STRYKER CORPORATION,

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 11-1635

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 11-1635 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1635 WELLS FARGO EQUIPMENT FINANCE, INCORPORATED, v. Plaintiff - Appellee, STATE FARM FIRE AND CASUALTY COMPANY; STATE FARM MUTUAL

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 09-20311 Document: 00511062202 Page: 1 Date Filed: 03/25/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 25, 2010 Charles

More information

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) ) Nicholas Fiorillo v. Webster First Federal Credit Union et al Doc. 131 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS NICHOLAS FIORILLO, TRUSTEE OF THE FIORILLO FAMILY REVOCABLE TRUST AND THE 18

More information

2014 IL App (1st) 133931

2014 IL App (1st) 133931 2014 IL App (1st) 133931 SECOND DIVISION September 9, 2014 No. 1-13-3931 MT. HAWLEY INSURANCE COMPANY, ) ) Appeal from the Plaintiff-Appellee, ) Circuit Court of ) Cook County. v. ) ) CERTAIN UNDERWRITERS

More information

Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #:

Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: <pageid> Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ALVIN E. WISEMAN, Plaintiff,

More information

United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION Case 4:12-cv-00647-ALM Document 228 Filed 01/04/16 Page 1 of 10 PageID #: 4560 United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION MOTIO, INC. V. CASE NO. 4:12-CV-647 Judge Mazzant

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A15-0083 Keith Melillo, Appellant, vs. Terry Arden

More information

Case 06-00079-5-ATS Doc 26 Filed 08/24/06 Entered 08/24/06 13:28:19 Page 1 of 6

Case 06-00079-5-ATS Doc 26 Filed 08/24/06 Entered 08/24/06 13:28:19 Page 1 of 6 Case 06-00079-5-ATS Doc 26 Filed 08/24/06 Entered 08/24/06 13:28:19 Page 1 of 6 SO ORDERED. SIGNED this 24 day of August, 2006. A. Thomas Small United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT

More information

Case 5:03-cv-00175-DF Document 40 Filed 05/16/05 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

Case 5:03-cv-00175-DF Document 40 Filed 05/16/05 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION Case 5:03-cv-00175-DF Document 40 Filed 05/16/05 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION LINDA DENT, : : Plaintiff, : : vs. : 5:03CV175 (DF) :

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM AND ORDER. Kauffman, J. April 18, 2008

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM AND ORDER. Kauffman, J. April 18, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EVELYN THOMAS v. COMMUNITY COLLEGE OF PHILADELPHIA CIVIL ACTION NO. 06-5372 MEMORANDUM AND ORDER Kauffman, J. April 18, 2008

More information

Pending before the Court in the above-entitled matter are Plaintiff s motion for

Pending before the Court in the above-entitled matter are Plaintiff s motion for Case 1:08-cv-00225-EJL-CWD Document 34 Filed 03/02/10 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF IDAHO OREGON MUTUAL INSURANCE COMPANY, an Oregon corporation, Plaintiff, Case No.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION EEOC versus BROWN & GROUP RETAIL, INC. CIVIL ACTION NO. H-06-3074 Memorandum and Order Regarding Discovery Motions,

More information

UNITED STATES COURT OF APPEALS

UNITED STATES COURT OF APPEALS RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 06a0126p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT MINGES CREEK, L.L.C., v. Plaintiff-Appellee, ROYAL INSURANCE

More information

CASE 0:10-cv-01132-MJD-FLN Document 106 Filed 06/06/11 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

CASE 0:10-cv-01132-MJD-FLN Document 106 Filed 06/06/11 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CASE 0:10-cv-01132-MJD-FLN Document 106 Filed 06/06/11 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA In re: Mirapex Products Liability Litigation 07-MD-1836 (MJD/FLN) This document relates

More information

SUPREME COURT OF ALABAMA

SUPREME COURT OF ALABAMA REL:07/31/2009 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate

More information

Case 3:08-cv-00685-B Document 235 Filed 10/16/09 Page 1 of 9 PageID 12363 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:08-cv-00685-B Document 235 Filed 10/16/09 Page 1 of 9 PageID 12363 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Case 3:08-cv-00685-B Document 235 Filed 10/16/09 Page 1 of 9 PageID 12363 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION TRAMMELL CROW RESIDENTIAL COMPANY, Plaintiff, v. CIVIL

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Huizenga v. Auto-Owners Insurance, 2014 IL App (3d) 120937 Appellate Court Caption DAVID HUIZENGA and BRENDA HUIZENGA, Plaintiffs- Appellants, v. AUTO-OWNERS INSURANCE,

More information

Case 1:09-cv-00554-JAW Document 165 Filed 01/23/12 Page 1 of 8 PageID #: 2495 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

Case 1:09-cv-00554-JAW Document 165 Filed 01/23/12 Page 1 of 8 PageID #: 2495 UNITED STATES DISTRICT COURT DISTRICT OF MAINE Case 1:09-cv-00554-JAW Document 165 Filed 01/23/12 Page 1 of 8 PageID #: 2495 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL HINTON, ) ) Plaintiff, ) ) v. ) 1:09-cv-00554-JAW ) OUTBOARD MARINE

More information

CASE 0:11-cv-00841-ADM-AJB Document 84 Filed 01/17/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

CASE 0:11-cv-00841-ADM-AJB Document 84 Filed 01/17/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CASE 0:11-cv-00841-ADM-AJB Document 84 Filed 01/17/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Midas Life Settlements, LLC, Plaintiff, MEMORANDUM OPINION v. AND ORDER Civil No. 11-841

More information

Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ARTHUR R. and JANE M. TUBBS, : individually and on behalf of : others similarly

More information

APPEAL from an order of the circuit court for Milwaukee County: THOMAS P. DONEGAN, Judge. Affirmed.

APPEAL from an order of the circuit court for Milwaukee County: THOMAS P. DONEGAN, Judge. Affirmed. COURT OF APPEALS DECISION DATED AND FILED February 15, 2000 Cornelia G. Clark Acting Clerk, Court of Appeals of Wisconsin NOTICE This opinion is subject to further editing. If published, the official version

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 13-3381 Philadelphia Consolidated Holding Corporation, doing business as Philadelphia Insurance Companies lllllllllllllllllllll Plaintiff - Appellee

More information

Case 4:14-cv Document 10 Filed in TXSD on 07/31/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 4:14-cv Document 10 Filed in TXSD on 07/31/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Case 4:14-cv-00283 Document 10 Filed in TXSD on 07/31/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SELDA SMITH, Plaintiff, v. CIVIL ACTION H-14-283 WELLS FARGO

More information

FOCUS - 130 of 497 DOCUMENTS

FOCUS - 130 of 497 DOCUMENTS Page 1 FOCUS - 130 of 497 DOCUMENTS NICOLE TERRY, Personal Representative of the Estate of John Hunter Wellman, Jr., Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY and DEBORAH A. WELLMAN, Defendants.

More information