Appellant, Gerhardt M. Witt, seeks review of a final judgment holding him personally liable for damages in excess of four million dollars to La Gorce Country Club, Inc. (“La Gorce”) as well as the trial court’s non-allocation of fault to ITT Industries, Inc. (“ITT”)1 as a Fabre2 defendant. Also consolidated with this case is La Gorce’s appeal of the portion of the same final judgment w

Plaintiff-Appellee Deer Crest Associates I, L.C. (“Deer Crest”) and the Defendants-Appellants (collectively, “Avalon”) contracted for a construction project on Deer Crest’s land. Deer Crest ultimately filed suit against Avalon for, among other claims, breach of contract. Avalon counterclaimed. After motions for summary judgment and a bench trial, the district court entered final judgment

William Kearns’s Third Amended Complaint (“TAC”) claimed violations of California’s Consumers Legal Remedies Act (“CLRA”), Cal. Civ. Code §§ 1750-1784, and California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§ 17200-17210. Those state claims are subject to Rule 9(b) of the Federal Rules of Civil Procedure (“Rule 9(b)”) which requires that allegations of f

The plaintiffs were insurance agents of the American Family insurance companies (which we’ll refer to as the “company”). The company terminated their agency agreement, precipitating this diversity suit for breach of contract, governed by Illinois law. The district court granted summary judgment in favor of the company.

The agency agreement provided that it could be terminated by eithe

Cracker Barrel Old Country Store, Inc., and Cracker Barrel Associates, LLC, (collectively “Plaintiffs”) own certain real property on Sidco Drive in Davidson County.2 Mr. Richard Epperson and Mr. Timothy Causey (collectively “Defendants”) own real property that adjoins Plaintiffs’ property. Both parcels have, since October 31, 1980, been subject to a Declaration of Reciprocal Rights and E

{¶1} Plaintiffs-appellants, New Concept Housing, Inc., and George B. Stewart (collectively, “New Concept”), appeal the judgments of the Hamilton County Court of Common Pleas in favor of defendants-appellees, United Department Stores Co., No. 1, Inc., (“UDS”), Thomas H. Bergman, and Cohen, Todd, Kite & Stanford, LLP (“Cohen Todd”), in a lawsuit arising from the sale of an apartment com

This is a summary judgment case. Appellant, Deleaser L. Rivers, filed suit against appellee, Charlie Thomas Ford, Ltd. d/b/a Charlie Thomas Ford, asserting numerous causes of action arising out of her purchase of a 2002 Ford Mustang. Eventually, the trial court disposed of appellant=s causes of action by granting of two motions for summary judgement filed by appellee which in turn were incorpor

Merck & Co., Inc. (AMerck@), appeals from a jury verdict in a personal-injury and wrongful-death suit filed by Carol Ernst in which she alleged that ingestion of Vioxx caused the sudden cardiac death of her husband, Bob Ernst. Merck raises four issues in which it challenges the legal and factual sufficiency of the evidence to support the jury=s verdict on causation, strict liability, negligence,

The court issued a unanimous opinion in this case on August 26, 2008. Appellant Texas Mutual Insurance Company moved for rehearing. After receiving a response from appellee P. Lance Morris, the court grants the motion for rehearing in part, withdraws the earlier opinion, vacates the earlier judgment, and issues this substitute opinion and new judgment in their place.

I. Introduction
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In this case, we address the boundaries of Frye-Reed1 with respect to a hypothesis proffered, on behalf of Pamela and Ernest Blackwell, Petitioner, by their expert, Dr. Mark Geier, involving whether the presence of the preservative “thimerosal”2 in childhood vaccines, causes neurological defects, such as autism,3 as well as his and four other individuals’ qualifications to be experts under M

The litigation giving rise to this appeal has its genesis in November 2002, when Diamond Point Plaza Limited Partnership, owner of a shopping center in Baltimore County, defaulted on a mortgage loan that was secured by the shopping center property. Appellant Wells Fargo Bank, N.A. (“Wells Fargo”), as trustee for the assignees of the mortgage, brought an action in the Circuit Court for Baltimor

Diane Redvanly appeals from a jury verdict of no cause of action in her Conscientious Employee Protection Act (CEPA) claim against her former employer, Automated Data Processing, Inc. (ADP), and her supervisor, ADP Vice President Richard Feeney. Redvanly contends that evidence of her cessation of employment with a prior employer, NYNEX Mobile Communications, Inc. (NYNEX) was inadmissible,

These are consolidated cases in which plaintiffs are residents of Van Lopik and Limberlost subdivisions in Robinson Township who assert tort claims and constitutional violations against the township, its board members (Berens, Frye, Clark, Kuyers, Mulligan, Korving, Kuncaitis, Masko, Rayla, Stille, Harmon), its building officials (Easterling & Forner), and others, after the Grand River flooded in

Plaintiffs-Appellants Rondigo, L.L.C., Delores Michaels, Ronald Michaels, and King of the Winds, Inc. (collectively, “Rondigo”) appeal the order of the district court granting summary judgment in favor of Defendant-Appellee Casco Township (“Casco” or “the Township”) in this § 1983 action. After Casco failed to approve Rondigo’s applications to operate a composting facility in Casco,

This appeal concerns only the third-party claims of defendants Dillard’s Department Stores, Inc. (Dillard’s), Mercantile Stores Pension Plan (Plan), and Mercantile Stores Pension Committee (Committee), against third-party defendant Towers, Perrin, Forster & Crosby, Inc. (Towers Perrin), an actuarial consulting firm involved in Dillard’s termination of the over-funded pension plan after Dilla

OEA, Inc. (“OEA”) appeals the final judgment incorporating the district court’s orders of September 22, 2003 and March 30, 2004 granting summary judgment for Evanston Insurance Company (“Evanston”) and Royal Insurance Company of America (“Royal”) and awarding prejudgment interest to Evanston.1 The insurance policies at issue are general commercial liability policies, with the Royal p

We must decide a dispute about retirement benefits.

I

Simpson Paper Company (“Simpson”) owned and operated the Evergreen Mill in West Linn, Oregon, from 1990 until 1996, when it closed for economic reasons. Plaintiffs are former workers in the mill, who retired at ages over 55 but under 65, and their dependent spouses (collectively referred to as “early retirees” or “retire

This legal malpractice matter comes before this Court after the circuit court granted summary judgment in favor of the law firm of Logan, Jolley, & Smith, LLP, James Jolley, Jr., and David Sumner (collectively Respondents) based on the expiration of the statute of limitations. On appeal, Gladys Kelly (Kelly) argues that she timely discovered her cause of action for legal malpractice less than thr

In this declaratory judgment action, South Carolina Municipal Insurance and Risk Financing Fund (Insurer) appeals the circuit court’s order finding the Insurer had a continuing duty to defend the City of Hartsville (City) and ordering it to pay the City the costs it incurred from having to defend against a suit brought by a Hartsville landowner. Pursuant to Rule 204(b), SCACR, this Court certif

Appellant, Gurumurthy Kalyanaram, filed a petition for bill of review seeking to set aside a final judgment rendered pursuant to a settlement agreement that he reached with appellees, the University of Texas System, the University of Texas at Dallas ("UTD"), Franklyn Jenifer, Hobson Wildenthal, Hasan Pirkul, and Robert Lovitt (collectively, "the University"). (1) Claiming that the University procu

Appellant, Henry P. Wuertz, appeals the trial court's order that granted summary judgment in favor of the appellees, Nationwide Life Insurance Company and Ronald Rotthaus. In two issues, Wuertz argues that (1) fact issues exist on whether the appellees made misrepresentations that induced him to enter into an insurance contract, he reasonably relied on the misrepresentations, and he suffered damag

Defendants in this action, cigarette manufacturers and trade organizations, appeal from the district court’s judgment finding them liable for conducting the affairs of their joint enterprise through a pattern of mail and wire fraud in a scheme to deceive American consumers. They also appeal from the district court’s remedial order, which imposes numerous negative and affirmative duties on Defe

North American Catholic Educational Programming Foundation, Inc. ("North American") appeals from the district court's judgment; the judgment dismissed its lawsuit--the fourth stemming from its failed business relationship with Clearwire Holdings, Inc. ("Clearwire")--for lack of personal jurisdiction. North American is a nonprofit organization, incorporated and having its principal place of busine

¶1 Virginia Hill appeals the order of the district court awarding her damages on her claims of civil conspiracy, conversion, and fraudulent misrepresentation and denying her claims of money laundering and racketeering. Defendants crossappeal, challenging the district court’s award of damages. We affirm in part and reverse in part.

FACTUAL BACKGROUND

¶2 The district court made

In this case, we review whether the court of appeals erred in holding that the trial court abused its discretion when it decertified the plaintiff’s class. Benzing v. Farmers Ins. Exch., 179 P.3d 103 (Colo. App. 2007). The plaintiff alleged, inter alia, that the defendant automobile insurance companies violated the Colorado Consumer Protection Act (CCPA) when they failed to disclose to insurance