This appeal presents the question of whether right of first refusal agreements between a publisher of advertising tools and packaged goods companies violate California antitrust and tort law. We conclude that the jury verdict in favor of Plaintiff was supported by substantial evidence in the record, and we affirm.

I News America Marketing FSI, Inc. (“Newsâ€�) is one of two publishers of a... More...   $0 (08-21-2008 - CA)

In August 2005, plaintiff, Courtney McNiff, brought suit to recover damages against defendants, Mazda Motor of America, Inc. (Mazda), and Sam Leman Mazda, for breach of written warranty and breach of implied warranty of merchantability. The parties eventually settled. In March 2007, plaintiff filed a petition for an award of costs and attorney fees. In May 2007, the trial court awarded plaintiff's... More...   $0 (07-18-2008 - IL)

Timothy and Gloria Owen brought this putative class action suit against General Motors Corporation (GM) after their windshield wipers failed, asserting claims of breach of warranty, breach of contract, unjust enrichment, fraudulent concealment, and violation of the Missouri Merchandising Practices Act (MMPA), Mo. Rev. Stat. § 407.025 (2000). See 28 U.S.C. § 1332(d)(2) (prescribing the elements o... More...   $0 (07-17-2008 - MO)

Keith Clemens1 brought this class action against Daimler- Chrysler Corporation alleging that DaimlerChrysler breached express and implied warranties and committed fraud in the sale of Dodge Neon cars containing defective head gaskets from 1995 to 1998. The district court granted DaimlerChrysler's Rule 12(b)(6) motion to dismiss the warranty claims. It also granted DaimlerChrysler's motion fo... More...   $0 (06-20-2008 - CA)

Appellant General Motors Corporation d/b/a Chevrolet, GMC, Cadillac, Buick, and Oldsmobile appeals interlocutorily from the circuit court's order granting class certification to appellee Boyd Bryant, on behalf of himself and all other similarly situated persons. General Motors asserts four points on appeal: (1) that extensive legal variations in state laws defeat predominance; (2) that extensi... More...   $0 (06-20-2008 - AR)

This case is one of the "at least five class actions in various jurisdictions seeking redress for the same alleged injuries" as claimed by the plaintiffs in Siepel v. Bank of America, N.A., Nos. 07-1899/07-1906, 2008 U.S. App. LEXIS 10667, at *6 (8th Cir. May 19, 2008). Finding the case "nearly identical" to Siepel, which it had earlier dismissed, the district court1 dismissed all of the Appel... More...   $0 (06-18-2008 - MO)

What happens when the parties to a contract put a broad arbitration clause in one document, but include no such clause in a second document providing security for the promises made in the first document? At least under the circumstances of this case, we hold that the parties must submit the question of arbitrability to the arbitrator first, before addressing any claims that may not be subjec... More...   $0 (06-06-2008 - IL)

An employee at an armored transportation company was the subject of an internal investigation into missing cash and knew he could be terminated depending on the outcome. During the investigation, he notified his employer for the first time that he was suffering from pain and numbness in his arms, fingers, shoulders, and feet; he stated he had been experiencing those symptoms for a year or two;... More...   $0 (05-30-2008 - CA)

This case requires us to apply the accrual and statute of limitations provisions of the Uniform Commercial Code of Massachusetts to breach of warranty claims brought by Trans-Spec Truck Service ("Trans-Spec") against Caterpillar, Inc. Trans-Spec purchased twenty-two heavy-duty, custom-built trucks powered by Caterpillar engines. More than four and a half years after it took delivery of the trucks,... More...   $0 (05-01-2008 - MA)

Attending a funeral in Kalamazoo, Michigan, Donald Demo and his wife, Melony, stay... More...   $0 (04-23-2008 - MI)

Supreme Laundry Service, L.L.C. ("Supreme") leases space in condominium and multi-unit apartment buildings for the purpose of installing and maintaining laundry machines for the residents' use. A dispute between Supreme and its main competitor, Coinmach Corporation ("Coinmach"), led to litigation in which Supreme's insurance provider, Hartford Casualty Insurance Company ("Hartford"), refuse... More...   $0 (04-08-2008 - IL)

Royal Cline challenges a decision rejecting his state-law, age discrimination claims as a matter of law. One of Cline's claims is barred by the statute of limitations, and another claim fails because the company offered a nondiscriminatory, non-pretextual reason for its decision. But a third claim, based on retaliation, deserves further consideration because a reasonable jury could infer that ... More...   $0 (04-01-2008 - TN)

Physicians) on the basis ... More...   $0 (03-18-2008 - TX)

The plaintiff, Andrew Jones, filed a complaint against the defendant, DHR Cambridge Homes, Inc. (Cambridge), seeking damages for personal injuries he sustained while working on a construction site. Cambridge filed a third-party complaint against the plaintiff's employer, Residential Carpentry, Inc. (RCI), seeking contribution pursuant to the Joint Tortfeasor Contribution Act (740 ILCS 100/1 ... More...   $0 (03-04-2008 - IL)

Based upon and relying on a suicide exclusion clause, Standard Insurance Company reduced the amount of death benefits paid to Sheila Hamilton under a group insurance policy providing coverage for her deceased husband. Hamilton sued Standard in federal district court contending a Missouri statute barring suicide defenses for insurance policies issued to citizens of the state of Missouri should ... More...   $0 (02-28-2008 - MO)

As we discuss infra, the remedy of "revocation of acceptance" is actually a Uniform Comme... More...   $0 (02-26-2008 - MI)

American Suzuki Motor Corporation (Suzuki) appeals from a judgment entered in favor of Julio Dominguez (Dominguez) after the parties stipulated to entry of judgment on appeal after the trial court denied Suzuki's summary judgment/adjudication motion. Suzuki argues the court erroneously denied the motion because it complied with the Song-Beverly Consumer Warranty Act (Song-Beverly) (Civ. Code, ... More...   $0 (02-15-2008 - CA)

Norman Dufresne appeals from the trial court's order denying him attorney's fees and costs under the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312 (MMWA). The trial court found that because Dufresne settled pursuant to an offer of judgment he could not be considered a "prevailing party" and was therefore precluded from seeking statutorily authorized attorney's fees. We disagree an... More...   $0 (02-08-2008 - FL)

Plaintiff Felice Bressler Rose brought an action under the Magnuson-Moss Warranty- Federal Trade Commission Improvement Act (the Magnuson-Moss Act) (15 U.S.C. §2301 et seq. (2000)) for breach of express and implied warranties against defendant Mercedes-Benz after several unsuccessful attempts to repair her 2002 Mercedes ML 500. Following a bench trial, the trial court entered judgment for... More...   $0 (01-08-2008 - IL)

1 Bradley Rone died during a boxing match. His sister and heir, Celeste Moss, seeks to recover damages from the Pete Suazo Utah Athletic Commission (the "Athletic Commission") for allowing Rone to fight. The question before us is whether the Athletic Commission is immune from such a suit under the Utah Governmental Immunity Act (the "Act"), Utah Code Ann. §§ 63-30-1 to -38 (1997) (repea... More...   $0 (12-21-2007 - UT)

2 The siblings' parents owned 149 acres in Murray County. Calvin, their Father, held fee title to 3... More...   $0 (12-14-2007 - OK)

cess server, who found and served Shaw with a copy of the SEC complaint at Shaw's foreign business address in England. Shaw failed to appear, and the district court entered final judgment against him. More than thre... More...   $0 (12-11-2007 - NV)

Plaintiffs, Pamela Bublitz and Joseph Snider, appeal the circuit court's denial of their jury trial demand and its judgment against them following a bench trial. Plaintiffs filed a complaint against defendants, Wilkins Buick, Mazda, Suzuki, Inc. (Wilkins); Mazda North American Operations; and Mazda America Credit, under the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act ... More...   $0 (12-05-2007 - IL)

1 Appellant PTS Healthcare, Inc., appeals from the Trial Court's order sustaining Appellee Mid-Century Insurance Company's motion for summary judgment. This appeal is assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36, 12 O.S. Supp. 2003, ch. 15, app. 1. Based on our review of the record on appeal and applicable law, we affirm. BACKGROUND FACTS 2 On April 3, 2... More...   $0 (10-24-2007 - OK)

Plaintiff, Lucy Mydlach, filed a three-count complaint in the circuit court of Cook County against defendant, DaimlerChrysler Corporation, alleging claims under the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act (Magnuson- Moss Act or Act) (15 U.S.C. §2301 et seq. (1994)). The circuit court granted defendant's motion for summary judgment, holding that the claims were time... More...   $0 (09-20-2007 - IL)