Plaintiffs-Appellants Jessica Fink and Brett Noia (“Plaintiffsâ€�) appeal from a judgment of the United States District Court for the Southern District of New York (Laura Taylor Swain, Judge) dismissing their Second Amended Class Action Complaint (“Complaintâ€�) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. We conclude that the allegations stated in the Complaint – which... More...   $0 (05-06-2013 - NY)

An Abbey of the Benedictine Order of the Catholic Church challenges as
unconstitutional rules issued by the Louisiana Board of Funeral Directors
granting funeral homes an exclusive right to sell caskets. The district court
enjoined their enforcement, finding that they deny equal protection and due
process of law. We will AFFIRM the judgment of the district court.

Case: 11-... More...   $0 (03-20-2013 - LA)

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)

Vincent Peters filed a New Jersey judgment in the trial court for domestication in Texas under the Uniform Enforcement of Foreign Judgments Act (UEFJA), TEX. CIV. PRAC. & REM. CODE ANN. §§ 35.001–008 (West 2008 & Supp. 2012). Peters appeals from the trial court‘s order vacating the judgment against appellee The Top Gun Executive Group. Peters contends that the trial court abused its discreti... More...   $0 (01-19-2013 - TX)

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)

An Abbey of the Benedictine Order of the Catholic Church challenges as unconstitutional rules issued by the Louisiana Board of Funeral Directors granting funeral homes an exclusive right to sell caskets. The district court enjoined their enforcement, finding that they deny equal protection and due process of law.

I.

The thirty-eight monks of St. Joseph Abbey earn their way in a p... More...   $0 (10-24-2012 - LA)

Marilynn Pilalas, a resident of Pembroke, Massachusetts, challenges the district court's grant of summary judgment dismissing claims she brought against the Cadle Company ("Cadle Company") and its corporate sibling CadleRock Joint Venture II, L.P. ("CadleRock") for unlawful debt collection under Massachusetts law; collectively, we refer to them both as "Cadle" where the distinction does not matte... More...   $0 (09-12-2012 - MA)

¶ 1. Plaintiff Richard Daniels is seeking foreclosure of a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont (the Club). Defendant creditors, who include the Vermont Human Rights Commission (VHRC), four individual women, and the Watts Law Firm (Watts), all have junior security interests in the property at issue and oppose foreclosure. Credito... More...   $0 (08-03-2012 - VT)

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)

After receiving a number of chargebacks resulting from fraudulent use of U.S. Bank National Association (“U.S. Bankâ€�) credit cards, E-Shops Corp. (“E-Shopsâ€�) filed a class action complaint alleging U.S. Bank knowingly allowed itself to be an instrument of the fraud, thereby making E-Shops’s performance under its contract with its merchant bank more expensive. The district court1 dismisse... More...   $0 (05-18-2012 - MN)

¶ 1. BURGESS, J. Appellants Warren and Wynne Kirschbaum (the Kirschbaums) appeal the ruling of the Chittenden Civil Division in favor of appellee First Quality Carpets, Inc. (First Quality) in a dispute over carpet installed in 2007. The Kirschbaums argue that the civil division erred in awarding First Quality attorney’s fees under 9 V.S.A. § 4007(c) of the Prompt Pay Act becau... More...   $0 (05-17-2012 - VT)

State of Arkansas sued Johnson & Johnson d/b/a Janssen Pharmaceuticals, Inc. for false and deceptive advertising associated with the sale of Risperdal, an antipsychotic drug. Arkansas paid for 250,000 prescriptions for the drug during a 3.5 year period. Risperdal, a second generation antipyschotic, is used to treat schizophrenia, bipolar disorders and irritability in autism patients. Risperdal a... More...   $0 (04-15-2012 - AR)

The State of Texas sued TaxMasters and Patrick Cox on consumer fraud theories under the Deceptive Trade Practices Act claiming that TasMasters' advertising was not true and was designed to mislead and defraud consumers. The State alleged 110,000 violations of state law.

The State claimed that the company did not disclose to customers that payments were non-refundable.

That the co... More...   $190000000 (03-31-2012 - MD)

This case began when Discover Bank (“Discoverâ€�) filed an action against Joy A. Morgan (“Morganâ€�) on March 23, 2006. In its complaint, Discover alleged that Morgan owed $16,341.52 in principal on a credit card issued by Discover, and that Morgan breached the cardmember agreement by failing to meet its payment terms. Accordingly, Discover sought a judgment for the principal and interest due,... More...   $0 (03-27-2012 - TN)

We are asked in this appeal to determine whether Lori Wigod has stated claims under Illinois law against her home mortgage servicer for refusing to modify her loan pursuant to the federal Home Affordable Mortgage Program (HAMP). The U.S. Department of the Treasury implemented HAMP to help homeowners avoid foreclosure amidst the sharp decline in the nation’s housing market in 2008. In 2009, Wells... More...   $0 (03-07-2012 - IL)

This case involves a spat over attorneys’ fees—in particular, the fees that the firm of Kanoski & Associates allegedly owes to its former associate, Lawrence Hess. After some five years at the firm, Hess was abruptly dismissed. Afterwards, the firm settled several of the cases on which Hess had been working and refused to pay Hess bonuses or fees based on those settlements. Hess believes that ... More...   $0 (02-02-2012 - IL)

Appellant, an automobile manufacturer who unsuccessfully defended a class action lawsuit for breach of express warranty, appeals the Superior Court’s decision to affirm the certification of the class by the trial court, and the amount of damages and litigation costs awarded to the class. Costs included a significant legal fee, entered pursuant to the Magnuson-Moss Warranty Improvement Act (the â... More...   $0 (12-02-2011 - PA)

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 - )

¶ 1. SKOGLUND, J. Plaintiffs James and Heidi Glassford, who brought suit to obtain compensation for an allegedly negligent home inspection, appeal the superior court’s order granting summary judgment in favor of the home inspector based on the terms of a binding arbitration agreement in the parties’ contract. In this appeal, we consider whether the superior court erred in reject... More...   $0 (11-04-2011 - ME)

The district court dismissed this diversity class action suit (which seeks damages and other relief for alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505, and the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510) for want of federal subjectmatter jurisdiction, on the ground that the claims are barred by federal law.

There are ... More...   $0 (10-17-2011 - )

Plaintiffs Loretta DeBoard and Dora Bailey, women who contracted breast cancer after being treated with hormone replacement therapy drugs Premarin, Prempro, and Provera, appeal orders of summary judgment in favor of drug manufacturers Wyeth, Inc., Wyeth Pharmaceuticals, Inc. (collectively Wyeth) and Pharmacia & Upjohn Company (Upjohn), entered by Judge Jamie D. Happas dismissing their product liab... More...   $0 (09-29-2011 - NJ)

¶ 1. This appeal stems from a written agreement between the City of Rutland and the Vermont Swim Association (VSA) granting VSA the right to host its annual swim meet at a facility in a city park. VSA appeals the trial court’s award of attorney’s fees to the City. Because the plain language of the parties’ contract does not require VSA to pay attorney’s fees incurred by the City i... More...   $0 (09-11-2011 - VT)

This is a class action suit brought against Philip Morris, Inc., and several other tobacco companies and tobacco-related entities. The plaintiffs allege that for years the tobacco companies conspired to conceal the facts about the addictive and dangerous nature of cigarettes by intentionally using incomplete, misleading, or untruthful marketing and advertising.

The plaintiffs’ putative ... More...   $0 (08-25-2011 - IL)

There is a substantial market for products that will prevent game animals, with their keen sense of smell, from detecting the presence of hunters. Activated carbon, when embedded in clothing, adsorbs1 and retains human scent. In 1992, A.L.S. 2Federal jurisdiction in this case is based upon the Class Action Fairness Act, 28 U.S.C. § 1332(d). That jurisdiction continued despite the district courtâ€... More...   $0 (08-18-2011 - MN)

SABATINO, J.A.D.

This appeal concerns the enforceability of arbitration provisions contained in various form documents that a consumer signed in connection with her purchase of a new motor vehicle from a New Jersey dealership. After making her purchase and disputing several charges that the dealership had billed her, the consumer and a local chapter of the National Association for the Advan... More...   $0 (08-02-2011 - NJ)