The plaintiff, Regina Mbahaba, individually and as next friend of her minor daughter, Benita Nahimana, appeals orders of the Superior Court (McGuire and Tucker, JJ.). The orders dismissed the plaintiff’s direct claims against the defendant, Thomas Morgan, and granted summary judgment against her action seeking to pierce the limited-liability veil of a company managed by the defendant. We affirm ... More...   $0 (05-11-2012 - NH)

IHS Acquisition No. 171, Inc. d/b/a Mesa Hills Specialty Hospital, Encore Healthcare, L.L.C., and Lyric Healthcare Holdings III, Inc., (collectively Appellants), file this interlocutory appeal challenging the trial court’s denial of its motion to compel arbitration. Finding error, we reverse.

FACTUAL SUMMARY

IHS Acquisitions No. 171, doing business as Mesa Hills Specia... More...   $0 (05-10-2012 - TX)

Adriene L. Sibley appeals the trial court’s take-nothing summary judgment rendered in favor of appellees Julia Victoria Eckhardt and Margaret Eckhardt. In her first three issues, Sibley challenges the appellees’ standing and the summary-judgment evidence. In her remaining issues, Sibley contends that the trial court erred by granting summary judgment because the Eckhardts’ motion did not s... More...   $0 (05-10-2012 - MA)

Appellants Michael Easton and Dawn Whatley, individually and as executrix of the estate of Perry Lee Whatley, present this appeal from two orders dismissing their fraud claims against individually named attorneys and their respective law firms. The attorney-defendants—David Cabrales, Rachel Stinson, and Locke Lord Bissell & Liddell, LLP (the “Locke Lord attorneysâ€�), and Shawn Phelan and Tho... More...   $0 (05-10-2012 - TX)

Mrs. Betty Horne appeals an adverse final summary judgment in two consolidated circuit court cases. In the first, she and her late husband sued appellees Miami-Dade County and Metropolitan Homes LLC to vacate a tax certificate sale of the Hornes’ Miami Lakes home of 37 years. In the second, appellee Metropolitan (purchaser of the home at the tax deed sale for a fraction of its then-assessed valu... More...   $0 (05-09-2012 - FL)

This is an appeal from an order of the trial court dismissing with prejudice Appellants’ second amended complaint, based upon a finding that Appellants perpetrated a fraud upon the court. For the following reasons, we reverse. Appellants, Jose Suarez and Anais Suarez, filed a complaint (subsequently amended twice) against Benihana National of Florida Corporation (“Benihanaâ€�) seeking damages ... More...   $0 (05-09-2012 - FL)

This is an appeal by a trust beneficiary from an order and final judgment dismissing his second amended complaint, which sought an accounting, breach of trust, removal of trustees, and surcharge, with prejudice, on the ground the claims are time-barred as a matter of law on the face of the complaint. We reverse the order and final judgment and remand for reinstatement of the second amended complai... More...   $0 (05-09-2012 - FL)

Plaintiff Kimberly Aleksick, individually and on behalf of a class of those similarly situated, appeals a judgment following an order granting defendant 7-Eleven Inc.'s (7-Eleven) motion for summary judgment. 7-Eleven provides payroll services to its franchisees. Aleksick contends reversal is required because 7-Eleven's payroll system violates both the "unlawful" and "unfair" prongs of Business an... More...   $0 (05-08-2012 - CA)

In April, 2007, the plaintiff, Edward Melia, a Massachusetts resident, entered into an executive employment contract with the defendant Zenhire, Inc. (Zenhire). A forum selection clause dictated that all disputes arising out of the contract or the employment relationship were to be resolved in courts situated in Erie County, New York, Zenhire's principal place of business. Zenhire allegedly failed... More...   $0 (05-08-2012 - MA)

Plaintiff Tom Seeger appeals the district court’s order granting summary judgment in favor of defendant Cincinnati Bell Telephone Co., LLC (“CBTâ€�), and dismissing his claim that CBT violated the Family and Medical Leave Act (“FMLAâ€�), 29 U.S.C. §§ 2601-2654, when it terminated his employment on the ground of disability fraud. Seeger took FMLA leave and concurrent paid leave under CBT’... More...   $0 (05-08-2012 - KY)

People build many things over the course of their lives. Throughout the time allotted them, they build houses and homes, character and careers, relationships and reputations. And if they’re wise like Aesop’s ant, during the summer and autumn of their lives they store up something for the winter.1

Although the ant in the fable did well enough without its savings plan being protected by E... More...   $0 (05-08-2012 - GA)

Global Health Care Company Abbott Laboratories Inc. has pleaded guilty and agreed to pay $1.5 billion to resolve its criminal and civil liability arising from the company’s unlawful promotion of the prescription drug Depakote for uses not approved as safe and effective by the Food and Drug Administration (FDA), the Justice Department announced today. The resolution – the second largest paymen... More...   $0 (05-08-2012 - VA)

Empire Today, LLC (Empire), a national carpet and flooring business, appeals from the superior court‟s refusal to compel contractual arbitration of claims by carpet installers that Empire violated multiple provisions of the California Labor Code. The court found the arbitration provision was unconscionable under California law. We affirm. We hold the provision is unconscionable and unenforceable... More...   $0 (05-07-2012 - CA)

After a decade of war, many of our veterans are returning home with physical and psychological wounds that require competent care. Faced with the daunting task of providing that care, as well as adjudicating the claims of hundreds of thousands of veterans seeking disability benefits, the Department of Veterans Affairs (“VAâ€�)1 is struggling to provide the care and compensation that our veterans... More...   $0 (05-07-2012 - ca)

New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (“CDIAâ€�), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (“FCRAâ€�). T... More...   $0 (05-07-2012 - NM)

Brent Beckwith appeals from a judgment of dismissal entered after the trial court sustained without leave to amend Susan Dahl‟s demurrer to his complaint alleging intentional interference with an expected inheritance (IIEI) and deceit by false promise. Beckwith argues we should join the majority of other states in recognizing the tort of IIEI as a valid cause of action.1 We agree it is time to o... More...   $0 (05-03-2012 - ca)

In this suit affecting the parent-child relationship, Cicily Joseph moved to modify Sunny Joseph’s child support, alleging that he fraudulently misrepresented his income during mediation of the child support issue and consequently should be ordered to pay additional child support. After the trial court granted a directed verdict against her, Cicily appealed. In eight issues, she contends that th... More...   $0 (05-03-2012 - TX)

This case concerns breaches of a settlement agreement that attempted to resolve the differences between appellant, Mark Henry, and appellee, Marcos Masson. A jury found that both parties materially breached the Settlement Agreement, but it awarded damages only to Masson. In a previous opinion in this case, we affirmed the verdict in favor of Masson and reversed the trial court’s ruling that He... More...   $0 (05-03-2012 - TX)

This is a personal-injury suit stemming from a one-car accident that occurred when plaintiff-appellant Orlando Salinas was a passenger in his supervisor’s vehicle travelling home to Texas from a worksite in Louisiana. Salinas challenges the trial court’s granting summary judgment in his employer’s favor. We affirm.

Background

Salinas and his supervisor, defendant Octave ... More...   $0 (05-03-2012 - TX)

Defendant-Appellant Thomas Bader appeals his convictions of distribution of human growth hormone (“HGHâ€�), conspiracy to knowingly facilitate and knowingly facilitating the sale of HGH brought into the United States contrary to law, and conspiracy to possess with intent to distribute a controlled substance (testosterone cypionate). He asks this court to reverse his convictions or, at a minimum,... More...   $0 (05-03-2012 - CO)

We reconsider the appeal of an order denying the appellant’s motion to compel arbitration of disputes between it and appellee after vacation of our prior opinion by the United States Supreme Court. In our original appeal we addressed the arbitrability of two of four of the claims made by appellee against appellant and concluded that those were not subject to arbitration. Upon petition for certio... More...   $0 (05-02-2012 - FL)

Philip Morris USA, Inc. (“PM USAâ€�) appeals the trial court’s final judgment entered in favor of Elaine Hess, as surviving spouse and personal representative of the estate of her deceased husband, Stuart Hess. PM USA raises three issues on appeal. First, it contends that the trial court erred in denying its motion for judgment as a matter of law on the fraudulent concealment claim because it ... More...   $0 (05-02-2012 - FL)

For over two decades, homeowners at Sumner Hill, an isolated subdivision on bluffs overlooking the San Joaquin River, experienced the privacy of living in a remote, rural location within the confines of a security gate. They also enjoyed unrestricted access to the San Joaquin River on a dirt road within the subdivision known as Killkelly Road. Because Killkelly Road was inside the gated residentia... More...   $0 (05-02-2012 - CA)

This products liability case arises out of severe and permanent injuries sustained by plaintiff Karen Bartlett after taking sulindac, a generic non-steroidal anti-inflammatory drug ("NSAID") manufactured by (among others) defendant Mutual Pharmaceutical Company ("Mutual"). Sulindac is known to cause, in rare instances, a hypersensitivity reaction called Stevens-Johnson Syndrome and its more gener... More...   $0 (05-02-2012 - MA)

The defendant, Kathleen J. Otto, appeals1 from the judgment of the trial court granting the application of the plaintiff, Regina Canty, administratrix of the estate of Shamaia Smith, for a prejudgment remedy. On appeal, the defendant contends that the plaintiff, who is a creditor of her debtor spouse, Kenneth Otto, Sr. (Otto), cannot collect the debt from the defendant, a nondebtor spouse, by brin... More...   $0 (05-01-2012 - CT)