Citation292 F.3d 235 (D.C. Cir. 2002) Brief Fact Summary. Plaintiff brought a disparagement of property claim against Defendant for an article that stated no publisher would publish her book. Synopsis of Rule of Law. Special damages are plead with particularity, under Rule 9(g), when the plaintiff specifically names the damages as the natural and direct results of the defendant’s conduct. ...
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Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg
Citation545 U.S. 308 (2005) Brief Fact Summary. Plaintiff sued under state law for sale of their property using a federal notice statute to challenge the sale claiming that service of the notice was improper. Both parties are Michigan citizens so bringing the case to federal court through diversity jurisdiction is not an option. Defendant removes to federal court and federal question jurisdiction is found to be proper. Synopsis of Rule of Law. If the action has a substantial federal component in actual controversy, and federal jurisdiction would not ...
Jenkins v. The City of Jennings
CitationJenkins v. The City of Jennings, 4:15-cv-00252, Filed February 8, 2018 United States District Court for the Eastern District of Missouri Brief Fact Summary. Impoverished people jailed without representation, a hearing, or having their rights read. Synopsis of Rule of Law. A state government must give notice and an opportunity to be heard before taking a person’s life, liberty, or property. ...
McConnel v. Travelers Indemnity Co
Citation346 F.2d 219 (5th Cir. 1965) Brief Fact Summary. Man injured in a car crash attempts to split his claim and bring one suit in state court and the other in federal court. Synopsis of Rule of Law. Under Louisiana law a plaintiff may not split their claim between state and federal court. ...
Sniadach v. Family Finance Corp
CitationSniadach v. Family Finance Corp., 395 U.S. 337 (1969) Brief Fact Summary. The Defendant claims that the freezing of her wages before notice a hearing violated her Due Process rights. Synopsis of Rule of Law. According to the Due Process Clause of the Fourteenth Amendment a state must give notice and a hearing prior to the taking of property ...
Burnham v. Superior Court
Citation495 U.S. 604 (1990) Brief Fact Summary. Husband and wife divorce and the wife moves across the country to California. The wife waits until the husband visits California in order to serve him with the divorce papers. The husband objects to personal jurisdiction in California, believing it improper for him to be served just because he was physically present in the state. Synopsis of Rule of Law. A non-resident defendant is properly served if the defendant is physically located in the forum state and the forum state may exercise personal jurisd ...
American Truck Leasing, Inc. v. Thorne Equipment Co.
Citation583 A.2d 1242 (Pa. Super. Ct. 1991). Brief Fact Summary. Debris from a damaged building fell during demolition, which may have been damaged prior due to nearby fire. Synopsis of Rule of Law. Negligent acts which are removed from an intervening act which leads to property loss may not be actionable for any harms suffered by a plaintiff. ...
Burnham v. Superior Court
Citation495 U.S. 604 (1990)Brief Fact Summary. Husband and wife divorce and the wife moves across the country to California. The wife waits until the husband visits California in order to serve him with the divorce papers. The husband objects to personal jurisdiction in California, believing it improper for him to be served just because he was physically present in the state. Synopsis of Rule of Law. A non-resident defendant is properly served if the defendant is physically located in the forum state and the forum state may exercise personal jurisdi ...
Hannabalson v. Sessions
Citation90 N.W. 93 (Iowa 1902) Brief Fact Summary. Neighboring parties sought court action in a battery dispute. Synopsis of Rule of Law. A property line extends from the center of the earth to the sky in a trespass. Facts. The plaintiff and defendant, who did not get along, lived beside each other with a fence separating the properties. When the defendant’s ladder was hanging on the fence, the defendant claimed that the plaintiff tried to remove the ladder. The plaintiff stated that her arm was merely resting over the fence and the defendant struck her arm. The defendant claimed ...
Spears v. Blackwell
Citation666 N.E.2d 974 (Ind. App. 1996) Brief Fact Summary. Spears filed a negligence suit against Blackwell when Spears collided into an oncoming car in front of the Blackwell property. Synopsis of Rule of Law. A landowner does not owe a duty to citizens using the public road to protect them from harm from the natural conditions of the land. Facts. Spears was driving by the Blackwell property, and vegeatation by the property made it difficult for passersby to see clearly. Spears filed a negligence suit against Blackwell when Spears collided into an oncoming car in front of the Blackwell prope ...
Aigner v. Cowell Sales Co.
Citation660 P.2d 907 (Colo. 1983) Brief Fact Summary. Cowell Sales Co. sued for unpaid rent after terminating Aigner’s lease. Synopsis of Rule of Law. A landlord does not get damages for the portion of the lease term after termination if the landlord terminates the lease. Facts. Aigner leased space from Cowell Sales Co. to run a laundry. Within the first year, when Agner fell behind on rent, Cowell sent a letter demanding that Aigner pay the rent within three days or vacate the premises. Aigner took his property and left, and Cowell subsequently sued for three months of unpaid rent. The tria ...
Allen R. Krauss Co. v. Fox
Citation644 P.2d 279 (Ariz. App. 1982) Brief Fact Summary. Allen R. Krauss Co. (Krauss) sued Fox to compel Fox to sell land when Krauss accepted a counteroffer before the proposed deadline. Synopsis of Rule of Law. An offer that claims to remain open until a deadline can be rescinded prior to the deadline if the offeree did not provide consideration to keep the offer open. Facts. Allen R. Krauss Co. (Krauss) offered to purchase land from Fox for $265,000 with a $5,000 deposit. Fox sent a counteroffer with five days to act for $486,000 in cash. When Krauss signed the acceptance form two hours b ...
Bradshaw v. Burningham
Citation671 P.2d 196 (Utah 1983) Brief Fact Summary. Bradshaw sued Burningham to uphold payment price for work done on a well in Burningham’s property. Synopsis of Rule of Law. Parties cannot sue the original version of any changed terms if a compromise agreement is a modification of a prior contract. Facts. Burningham hired Bradshaw to drill a well. Bradshaw stopped construction on the first well after running into a metal object that prevented the completion of the original well. Burningham agreed to pay Bradshaw $6,300 for the work done on the original well, and made a compromise agreemen ...
Bulley& Andrews, Inc. v. Symons Corp.
Citation323 N.E.2d 806 (Ill. App. 1975) Brief Fact Summary. Bulley& Andrews, Inc. (Bulley) sued to recover expenses from Symons Corp. (Symons) in accord with a contract to build on the Symons property. Synopsis of Rule of Law. The parol evidence rule does not prohibit parties from introducing evidence that a contract was modified by the way the parties carried out the agreement. Facts. Bulley& Andrews, Inc. (Bulley) entered a contract with Symons Corp. (Symons) to build on the Symons property. The contract stipulated that Symons would supply Bulley with equipment for Bulley’s concret ...
Cheney v. Jemmett
Citation693 P.2d 1031 (Ida. 1984) Brief Fact Summary. Cheney sued Jemmett for breach of contract when Jemmett violated an anti-assignnment clause. Synopsis of Rule of Law. When a purchaser has the right to assign his interest in a contract pending the seller’s approval, the seller must act in good faith in objecting to the assignment. Facts. When Cheney entered into a contract for the sale of property with Jemmett, the contract had an anti-assignment clause unless Cheney approved of the assignment. When Cheney refused the assignment of Jemmett’s interest to Honn, Jemmett nonetheless drafte ...
Davey v. Nessan
Citation830 P.2d 92 (Mont. 1992) Brief Fact Summary. Davey sued Nessan for remaining payments under a contract for deed when Nessan defaulted on a loan for purchase of real estate. Synopsis of Rule of Law. An express assumption is the only way in which an assignee can assume the assignor’s obligation. Facts. Connecticut Mutual Life Insurance Company (Mutual) loaned money to Dessan to buy a farm from Davey. Nessan bought the farm through contracts for deed that permitted Nessan to pay the property off through installments. The sellers and Mutual entered into an agreement that permitted Mutual ...
Baker v. Shymkiv
Citation451 N.E.2d 811 (Ohio 1983) Brief Fact Summary. Baker filed a wrongful death suit following a trespass by her neighbor, Shymkiv, and finding her husband dead on Shymkiv’s property. Synopsis of Rule of Law. A trespasser can be held liable for any harm to the landowner or family members. Facts. When Baker returned home, he noticed that a trench was dug across their driveway to allow water from Shymkiv’s property, their neighbor, to be able to drain onto his property. Homer confronted Shymkiv and Homer’s wife urged Homer to calm down. After Mary called the police she returned to the ...
American Truck Leasing, Inc. v. Thorne Equipment Co.
Citation583 A.2d 1242 (Pa. 1991) Brief Fact Summary. American Truck Leasing, Inc. sued Thorne Equipment Co. when property owned by Thorne fell on and damages vehicles owned by American Truck Leasing. Synopsis of Rule of Law. A plaintiff must show that negligent conduct was a substantial factor in causing harm to the plaintiff, and there was no intervening act to break the causal connection in order to recover for a negligence action. Facts. A fire started in a building owned by Gross, and spread to property owned by Tartaglia and JACTCO. After the fire, the City of Philadelphia (City), contrac ...
Brown v. County Commissioners of Scioto County
Citation622 N.E.2d 1153 (Ohio App. 1993) Brief Fact Summary. Brown filed suit against County Commissioners of Scioto County claiming nuisance and trespass when fumes from the sewage treatment plant infiltrated Brown’s property. Synopsis of Rule of Law. A plaintiff must demonstrate that a waste disposal facility was negligent in order to recover for nuisance. Facts. Brown lived next to the County Commissioners of Scotio County (County), a sewage treatment plant. Fumes from the plant infiltrated Brown’s property, and a prospective buyer withdrew when she learned of the fumes from the plant. ...
Thompson v. E.I.G. Palace Mall, LLC
Citation657 N.W.2d 300 (S.D. 2003) Brief Fact Summary. E.I.G. Palace Mall, LLC (EIG) sued Thompson when Thompson’s restaurant opposed alternative use of a public parking lot by EIG due to a prescriptive and implied easement right exercised by the restaurant. Synopsis of Rule of Law. An easement can exist whether or not it is expressly created. Facts. Thompson owned a restaurant next to a parking lot owned by E.I.G. Palace Mall, LLC (EIG). The restaurant was often used by restaurant patrons and food delivery trucks for the restaurant. EIG sought to use the parking lot for other reasons but th ...
Wernke v. Halas
Citation600 N.E.2d 117 (Ind. Ct. App. 1992) Brief Fact Summary. The Halases sued Wernke claiming that obscenities engraved into concrete by vandals, a six-foot fence, and a toilet seat built in to the fence, constituted nuisance. Synopsis of Rule of Law. A structure with displeasing aesthetics is not a nuisance. Facts. The Halases lived next door to Wernke, who built a six-foot fence. Wernke attached vinyl strips, a license plate, and orange-plastic construction fencing on the Halases side to cover holes in the fence. Wernke also set up a toilet seat along a post on the fence. Neither the fe ...
Town of Oyster Bay v. Commander Oil Corporation
Citation759 N.E.2d 1233 (N.Y. 2001) Brief Fact Summary. The Town of Oyster Bay sued Commander Oil Corporation to prevent dredging in underwater land that was owned by the Town of Oyster Bay. Synopsis of Rule of Law. A riparian owner has a right to dredge, as long as dredging is necessary and does not unreasonably interfere with other landowners’ rights. Facts. Commander Oil Operation owned a petroleum storage facility adjacent to Oyster Bay Harbor. The Town of Oyster Bay (Oyster Bay) owned the underwater land in Oyster Bay Harbor. Commander built a pier that extended from the land into the w ...
Tran v. Macha
Citation213 S.W.3d 913 (Tex. 2006) Brief Fact Summary. Macha sued Tran for ownership of a shared driveway that they claimed to have acquired ownership of through adverse possession. Synopsis of Rule of Law. Adverse possession does not exist if the parties are mistaken as to the ownership of the property, and there is shared use of the property. Facts. The owners of two houses, lot 5 and lot 6, used one driveway to access both of their houses. The driveway was thought to be owned by lot 5, but was actually owned by lot 6. Tran and Roser bought lot 6, while the Machas purchased lot 5. When the M ...