fraudulent inducement of contract because the contract contains an "at-will" provision that allows the employer to fire the employee... More...   $0 (07-14-2004 - CA)

The issue in this appeal is whether the notice of claim requirements under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, apply to common law intentional tort claims. The Appellate Division held that the Act's notice requirements did not apply to plaintiff's assault and battery claim against defendant, who is a public employee. Velez v. City of Jersey City, 358 N.J. Super. 224 ... More...   $0 (07-07-2004 - NJ)

This case is a spin-off of the highly publicized and controversial litigation over the validity of "second-parent" adoptions in Sharon S. v. Superior Court (2003) 31 Cal.4th 417. In this matter, Sharon S. (Sharon) appeals from an order denying her special motion to strike a libel complaint filed against her by her former partner in a lesbian relationship, Annette F. (Annette). We conclude th... More...   $0 (07-02-2004 - CA)

Plaintiffs-Appellants LifeWise Master Funding, LLC and LifeWise Family Financial Security, Inc. (collectively "LifeWise") appeal the district court's grant of judgment as a matter of law and summary judgment against them in their breach of contract claim against Defendant-Appellee E*TRADE Bank ("E*TRADE"). The district court held that (1) LifeWise failed to satisfy a condition precedent to E*T... More...   $0 (06-29-2004 - UT)

Appellants Patricia Ruiz and Chantell Ruiz (the "Ruizes") sued appellees Austin Independent School District, Andy Welch, Darrell Baker, and Lee Thompson (collectively "appellees"), alleging defamation and whistleblower causes of action. Appellees moved for summary judgment based on their defenses of (1) limitations, (2) governmental and statutory immunity, and (3) failure to exhaust administrat... More...   $0 (06-04-2004 - TX)

Appellants Patricia Ruiz and Chantell Ruiz (the "Ruizes") sued appellees Austin Independent School District, Andy Welch, Darrell Baker, and Lee Thompson (collectively "appellees"), alleging defamation and whistleblower causes of action. Appellees moved for summary judgment based on their defenses of (1) limitations, (2) governmental and statutory immunity, and (3) failure to exhaust administrat... More...   $0 (05-28-2004 - TX)

firm that had previously been disqualified in this law suit. DCA contends the trial court abused its discretion in denying the motio... More...   $0 (05-27-2004 - CA)

also alleged, on behalf of a class of passengers, that the airline's standard ticket terms and policies violate Alaska's Unfair Tr... More...   $0 (05-21-2004 - AK)

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered April 10, 2003, which, in an action for defamation, denied defendants-appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs. The complaint, as amplified by the bill of particulars, alleges that plaintiff, a site manager and leasing agent, was discharged by defenda... More...   $0 (05-13-2004 - NY)

Plaintiff Thomas M. Siebel sued defendants Carol L. Mittlesteadt and E. Rick Buell, II, for malicious prosecution based on defendants' legal representation of a former employee of Siebel Systems, Inc. (SSI), where Siebel was the Chief Executive Officer (CEO). The trial court granted summary judgment to defendants on the ground that Siebel had failed to achieve a favorable termination of the... More...   $0 (05-06-2004 - CA)

In California the accrual of causes of action growing out of the publication of defamatory or other tortious statements is governed by the single-publication rule. Under the rule one cause of action will arise, and the statute of limitations will commence running, upon the first general publication or broadcast of a tortious statement, notwithstanding how many copies of the publication ar... More...   $0 (05-06-2004 - CA)

Theodore Montgomery appears to have let his claims get away from him. He raises some eleven propositions, as nearly as we can tell, covering violations of procedural due process and various state tort claims. The defendants, unhelpfully unfamiliar with final order law, seek to challenge the preservation of Mr. Montgomery's appeal. One of them, the Fraternal Order of Police (FOP) seeks attorneys... More...   $0 (05-03-2004 - OK)

Urs Koechli, Charles R. Cushing, and C.R. Cushing & Company, Inc. appeal a non-final order denying their motions to compel arbitration. The underlying action arose out of a business transaction in which Alpha GMBH & Co. Schiffsbesitz KG (Alpha), and appellee, BIP International, Inc., doing business as Global Interior Group (BIP), entered into a vessel refurbishment agreement providing for... More...   $0 (04-27-2004 - FL)

In this wrongful termination action, plaintiffs appeal from a final judgment, which confirms a contractual arbitration decision in favor of defendants. Plaintiffs contend that the trial court erred in compelling arbitration, because the arbitration agreement contained a one-sided provision that required a written arbitration decision and a right to appeal only where the arbitration awar... More...   $0 (04-23-2004 - CA)

Plaintiff-appellant L. A. Tollestrup appeals from the district court's decision granting summary judgment under Fed. R. Civ. P. 56 in favor of defendants on her Title VII(1) employment discrimination and state-law claims. In her complaint, Ms. Tollestrup alleged claims of sexual harassment, gender discrimination, hostile work environment, retaliatory termination, providing fraudulent informatio... More...   $0 (04-20-2004 - UT)

HCA, Inc. Batsuk and Howard accusing them of stealing trade secrets and seeking a restraining order prohibiting the defendants from developing and selling hospital staffing optimumization software. The defendants worked on the development of staffing software by Zycron Computer Services Inc. and Computer Professionals Inc. to provide technical assistance as it developed PLUS for HCA in 2001. Ba... More...   $26500000 (04-02-2004 - TN)

Under a series of written distribution agreements, CCQ, a Quebec corporation, served as the Quebec distributor of golf carts manufactured by Club Car, a Georgia corpor... More...   $1557360 (03-17-2004 - GA)

Plaintiffs sued over the use of their computer-altered childhood likenesses in nationally-broadcast children's television programming more than two years after all broadcasts had ceased. On appeal, they contend that the trial court erred in ruling that their claims were subject to the Uniform Single Publication Act (USPA) (Civ. Code, § 3425.1 et seq.) and were therefore barred by the stat... More...   $0 (03-11-2004 - CA)

The district attorney ultimately filed misdemeanor charges against her for hit-and-run2 and reckless driving.3 The trial court dismissed the criminal charges after plaintiff stipulated to there being probable cause f... More...   $0 (03-11-2004 - CA)

Emotional distress, defamation and battery claims by Maria Vega, age 57, against the Archdiocese of Los Angeles for injuries she claimed that she sustained as a direct result of being punched by a parish priest during an argument over how to the catechism. The plaintiff was teaching at the St. Emydius Church in Linwood, California in November 1999 when she and the Rev. Dennis O'Neil disagreed abo... More...   $950000 (03-10-2004 - CA)

The sole issue presented by the appellant, Ann Ewton, contends that the trial court erred in failing to find that she met her preliminary burden for sustaining a bill of review. Ewton had the burden of proving the three elements of a bill of review: (1) a meritorious claim, (2) which she was prevented from making by a mistake or error of the court or a court official in the discharge of officia... More...   $0 (03-05-2004 - TX)

On May 4, 2001, appellant Mary Jones filed a complaint in the Pulaski County Circuit Court against Professional Counseling Associates (hereafter, "PCA"), Richard Flanigan, M.D., Ruth Czirr, Ph.D., and Jennifer Rauls, LMSW, alleging medical malpractice, defamation, and fraud and asserting her entitlement to damages based on the doctrine of res ipsa loquitur. Appellees filed a motion for summary ... More...   $0 (02-26-2004 - AR)

In this duty to defend insurance case, we review the court of appeals' decision in Thompson v. Maryland Casualty Co., No. 01CA1039, slip op. (Colo. App. June 27, 2002). That court held that under the facts alleged in the underlying complaint the insurers have no duty to defend the insureds under provisions of a commercial general liability insurance policy that provides the insureds coverage ag... More...   $0 (02-15-2004 - CO)

The defendant claimed that Perez was terminated because she repeatedly use abusive, threatening and intimidating language with ot... More...   $974000 (02-06-2004 - CA)

BACKGROUND ... More...   $0 (01-26-2004 - GA)