Albert DiFederico, a former naval commander, was serving as a civilian contractor for the State Department in Pakistan when he was killed in a terrorist attack on the Marriott Islamabad Hotel. His widow, Mary DiFederico, and their three sons, brought this wrongful death action and survivorship claim alleging that Marriott International ("Marriott") was liable for its failure to adequately secure i... More...   $0 (05-01-2013 - MD)

Appellants Thomas and Danielle Francis ("the Francises" or "Appellants") appeal an order of the district court granting summary judgment to Appellee Allstate Insurance Company ("Allstate"). In March 2011, Appellants brought this action in Maryland state court seeking a declaration as to Allstate’s duty under a renters insurance policy to defend and indemnify the Francises in a tort suit brought ... More...   $0 (03-07-2013 - MD)

This case is before the Court for review of four questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit that are determinative of a cause pending in that court and for which there appears to be no controlling precedent. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const.

FACTS AND PROCEDURAL HISTORY

The four certified questions bef... More...   $0 (01-24-2013 - FL)

WHEREAS, on November 5, 2009, Seong Bae Choi filed a class action complaint in Seong Bae Choi, et al. v. Toyota Motor Corp., et al., No. 2:09-8143 (C.D. Cal.), alleging, among other things, that Toyota (as defined below) designed, manufactured, distributed, advertised and sold certain automobiles containing an alleged defect that allegedly would allow sudden unintended acceleration of the vehicle ... More...   $1000000000 (12-27-2012 - CA)

Plaintiff Joseph H. Whitney appeals the district court's dismissal of his declaratory judgment, contract, unjust-enrichment, tort, and shareholder claims. Applying a choice-of-law analysis, the district court dismissed the contract and unjust-enrichment claims as barred by a Delaware statute of limitations and dismissed the tort and declaratory judgment claims as derivative of the contract claims.... More...   $0 (11-06-2012 - MN)

When federal and state laws involve the same subject matter, their provisions may conflict. When they do, the doctrine of federal pre-emption often resolves the issue which law applies. We answer the question when it does with judges' and lawyers' habitual, exasperating response: it all depends. 2 In these related appeals, the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1-16) conflicts with the C... More...   $0 (10-09-2012 - CA)

Plaintiff-Appellant National Union Fire Insurance Co. brought this suit against Defendant-Appellee American Eurocopter Corp. (“AECâ€�), seeking contribution to National Union’s settlement of claims arising from the crash of a helicopter operated by National Union’s insured. National Union initially brought the case in Hawaii, where the helicopter crashed. The District of Hawaii found that it... More...   $0 (08-27-2012 - TX)

Appellants David Steakley, Marvin Steakley, Darrell Kainer, Alan Peters, Glen M. Boudreaux, and Tim S. Leonard (“Buyers�) appeal from an order dismissing their case without prejudice based upon a contractual forum-selection clause. We conclude that the Buyers’ claims are not within the scope of the forum-selection clause. Accordingly, we reverse and remand for further proceedings.

Bac... More...   $0 (08-23-2012 - TX)

This is a diversity case arising from the breakdown of contract negotiations between Citadel Group Limited and Washington Regional Medical Center over the development, construction, and lease-back arrangement of a medical office building. Washington Regional entered into a contract with Citadel to proceed with pre-construction project development, which contemplated the subsequent execution of gro... More...   $0 (08-15-2012 - IL)

This appeal is from the district court's award of $30 million in attorneys' fees to several groups of plaintiffs' attorneys who achieved a class action settlement agreement. It presents the question of what source of law governs the award of such fees in a diversity suit, where the parties' settlement agreement contains, inter alia, a provision expressly stating that the parties have not agreed o... More...   $0 (07-31-2012 - MA)

In this appeal, we consider whether proof of California workers’ compensation payments can be admitted into evidence in a personal injury action in Nevada. Because Nevada, the forum state, and California, the state in which the payments were made, both have statutes that permit proof of workers’ compensation payments to be allowed into evidence in personal injury actions, we conclude that Nev... More...   $0 (07-30-2012 - NV)

¶ 1. DOOLEY, J. This case derives from a separation agreement made thirty-seven years ago between a now-deceased husband and plaintiff, his first wife. Plaintiff contends that her ex-husband promised to devise to her certain assets upon his death, and she brings various claims for equitable relief against defendant, her ex-husband’s second wife, who survived him. The superior co... More...   $0 (07-27-2012 - VT)

The issue in this accelerated appeal is whether Dora Almazan’s cause of action against Texas Laurel Ridge Hospital, L.P. d/b/a Laurel Ridge Treatment Center (“Laurel Ridgeâ€�) is a health care liability claim subject to the expert report requirement in section 74.351 of the Texas Civil Practice and Remedies Code. We hold the cause is a health care liability claim, and because the trial court f... More...   $0 (07-07-2012 - TX)

The novel question presented in this case is whether, under a conflict of laws principle known as the internal affairs doctrine, California law or foreign law applies to a claim brought by an officer of a foreign corporation for wrongful termination in violation of public policy. We hold that under the circumstances alleged here, specifically where a foreign corporation has removed or constructive... More...   $0 (05-23-2012 - CA)

This case involves the interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act, Sections 9.5-101 to 9.5-318 of the Family Law Article, Maryland Code (1984, 2006 Repl. Vol.).1 Peter Paul Toland, Jr.,2 Appellant, challenges the Circuit Court for Montgomery County’s determination that a Japanese decree providing guardianship of his minor child to the child’s grandmother, Akik... More...   $0 (05-22-2012 - MD)

Appellant, Jessica Port, and Appellee, Virginia Anne Cowan, married in California in 2008. Approximately two years later, Port and Cowan agreed mutually to separate. Port filed ultimately a divorce complaint, on the ground of voluntary separation, in the Circuit Court for Prince George’s County (at the time, she was a resident of the County). Cowan answered the complaint in a “no contestâ€� ma... More...   $0 (05-18-2012 - MD)

Plaintiff David Schmidt appeals from the dismissal of a complaint charging his employer, Celgene Corporation, and one of Celgene's customers, CVS/Caremark Corporation (Caremark), with violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. Schmidt filed the complaint well beyond CEPA's one-year limitation period, N.J.S.A. 34:19-5, while he had a breach of contract ... More...   $0 (05-09-2012 - NJ)

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)

¶1 The appeal in this wrongful death case requires us to employ choice-of-law principles to determine whether the substantive law of Arizona or New Mexico applies. If we agree with the trial court that New Mexico law applies, we then must decide whether the court properly applied New Mexico’s statute of repose to find that suit is barred against Appellees. For the reasons that follow, we affirm... More...   $0 (04-17-2012 - AZ)

Under the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1–16), ―arbitration is a matter of contract.‖ (Steelworkers v. Warrior & Gulf Co. (1960) 363 U.S. 574, 582 [80 S.Ct. 1347]; accord, 9 U.S.C. § 2.) An arbitration contract typically consists of the parties‘ mutual promises to arbitrate their claims against each other.

In this employment case, an employer and its at-will employee... More...   $0 (04-17-2012 - CA)

These consolidated appeals involve the sometimes delicate and precarious dance between state law and federal law. Matthew Kilgore and William Fuller (“Plaintiffsâ€�) brought this putative class action against KeyBank, N.A., Key Education Resources, and loan servicer Great Lakes Education Loan Services, Inc. (collectively, “KeyBankâ€�), alleging violations of California’s Unfair Competition L... More...   $0 (03-07-2012 - AZ)

Werner Enterprises (Employer) appeals the final order of the Labor and Industrial Relations Commission (Commission) granting Timothy Rader (Claimant) weekly permanent total disability benefits and future medical costs as a result of the injury he sustained working for Employer on May 29, 2003. Employer claims the Commission erred in finding that: (1) the Commission had jurisdiction over Claimantâ€... More...   $0 (01-10-2012 - MO)

Virginia Hauf, the mother of a child diagnosed with brain cancer, purchased shark cartilage supplements from the Life Extension Foundation. Several years later, Hauf contacted the Foundation and offered to endorse its products. The Foundation sent her a proposed “Testimonialâ€� and a “Standard Release of Testimonials & Photos.â€� Hauf revised the proposed testimonial and returned it to the Fou... More...   $0 (12-27-2011 - MI)

Hoping to represent a nationwide class of consumers,
Daniel Pilgrim and Patrick Kirlin sued two companies responsible for creating and
marketing a healthcare discount program, alleging that the companies had used deceptive
advertising to sell their product. The consumer-protection laws of many States, not just
of Ohio, govern these claims and factual variations among the claims abo... More...   $0 (11-11-2011 - )

In 2004 and 2005, appellants, citizens of New York, sued the appellee pharmaceutical companies in New York state court claiming that appellees’ hormone replacement therapy drugs caused appellants to develop breast cancer. After substantial discovery, appellees moved for summary judgment on the ground that the claims were time-barred under the three-year New York statute of limitations. Appellant... More...   $0 (10-25-2011 - MN)