Kevin Koessel was terminated from his position as a deputy sheriff in Sublette County, Wyoming, due to concerns about the lingering effects of a stroke he suffered. In response, Koessel brought a suit in district court against the Sheriff and the County alleging they violated the Americans with Disa...
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These are two appeals stemming from the government s immediate termination of a Medicare Part D services contract with a prescription drug insurance coverage provider, Plaintiff-Appellant Fox Insurance Company, Inc. The government terminated the contract in March of 2010 after it had warned Fox of...
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I. Introduction Defendant-Appellant Lloyds of London Syndicate 2003 ( Lloyds ) appeals the district court s denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. ( BYA ) in an action arising out o...
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This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trus...
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General Dynamics Corporation ( General Dynamics ) appeals from the decision of the Armed Services Board of Contract Appeals ( ASBCA ) denying its appeal from the contracting officer s ( CO ) final determination of noncompliance with Cost Accounting Standards ( CAS ) 412 based upon ...
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Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so. Before us is a case about a lawyer who tried to establish that a company owned ...
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This federal case seeks confirmation of an arbitration award made at the first, non-liability stage of arbitration as to a contract, and was filed approximately one month after the arbitral opponents had filed a petition in the Puerto Rico Court of First Instance to vacate the same award. We hav...
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Plaintiff Kimberly Squires filed this diversity action against Defendant Breckenridge Outdoor Education Center asserting claims for negligence and gross negligence following a ski accident in which she was injured. The magistrate judge granted Defendant s motion for summary judgment in part, concl...
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Plaintiff Zena Phillips was a beneficiary of a life insurance policy taken out by her fianc , Michael Strang, and issued by Defendant Pruco Life Insurance Company, a subsidiary of Defendant Prudential Life Insurance Company of America (together, Prudential ). When Strang died, Prudential infor...
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An arbitration panel awarded Tricon Energy Ltd. ( Tricon ) damages, and post-award interest on those damages at 8.5%, because Vinmar International, Ltd. ( Vinmar ), breached a contract. Vinmar appeals a judgment confirming the award, claiming the parties never agreed to arbitrate. Tricon cro...
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