Respondent-appellant Venture Global Engineering, LLC (“VGE”) appeals the district court’s denial of its motion to vacate judgment pursuant to Federal Rules of Civil Procedure (“FRCP”) 60(b)(2) and 60(b)(3) and the district court’s order holding VGE in civil contempt. VGE sought to vacate the decision of the district court granting a petition by petitioner-appellee Satyam Computer Servi

This action arises out of a failed land transaction. A jury awarded Plaintiffs Sandra McBeth (“McBeth”) and James Reynolds (“Reynolds”) compensatory and lost-profit damages against Defendants James Carpenter (“Carpenter”), Central Texas Water Solutions L.P. (“Texas Water Solutions”), and Central Texas Water Management L.L.C. (“Texas Water Management”). All parties filed post-ve

The Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, represents a legislative broadside against unsavory commercial practices. In this appeal, where an out-of-state consumer purchased a used automobile from an in-state seller via the internet, we are called on to determine whether the CFA's reach extends far enough to grasp that transaction. The trial court determined that the in-state se

“All frauds, like the wall daubed with untempered mortar, with which men think to buttress up an edifice, always tend to the decay of what they are devised to support.”1 A closing attorney’s misappropriation of money is the genesis of this appeal. The litigation arises out of the embezzlement of funds entrusted to former attorney Lawrence S. Groff during the course of two real estate closin

This is a patent infringement case. Mark D. Felix (“Felix”) brought suit against American Honda Finance Corporation (d/b/a Honda Financial Services), American Honda Motor Company, Inc., Honda of America Manufacturing, Inc., Honda of Canada, Inc. (d/b/a Honda of Canada Manufacturing), Honda R & D Americas, Inc., and Honda Trading America Corporation (collectively, “Honda”), alleging that th

Alan Drobnak, Keith Markowitz, and Dennis Cirks, the named plaintiffs in a purported class action lawsuit against Andersen Corporation and Andersen Windows, Inc. (collectively, Andersen), appeal from the district court’s1 dismissal with prejudice of the amended class complaint, as well as the district court’s denial of leave to amend the complaint. Drobnak also appeals from the dismissal witho

The Board of Trustees of the City of Calumet City Police Pension Fund (Board) appeals from a judgment of the Circuit Court of Cook County which reversed a decision of the Board that reduced the monthly benefit being paid to the plaintiff, Alan Kosakowski, as a consequence of a disability he sustained in the "line of duty" as a Calumet City police officer. For the reasons which follow, we affirm th

Plaintiff-Appellant, Newton Tractor Sales, Inc. (Newton), brought suit against defendants, Kubota Tractor Corporation and Michael Jacobson, a local Kubota representative (collectively, Kubota) on counts of promissory estoppel, common law fraud, and negligent misrepresentation. The circuit court of Fayette County granted summary judgment in favor of Kubota on all three counts. The appellate court a

Parkham Industrial Distributors, Inc. appeals the district court’s grant of summary judgment to The Cincinnati Insurance Co., Inc. (“CIC”) on Parkham’s claims that CIC breached the terms of its insurance contract and showed bad faith in refusing to defend and indemnify Parkham against a lawsuit brought by Solidification Products International, Inc. (“SPI”). The district court held that

Appellant Michael LeBlanc appeals the trial court=s order granting appellee Detective C.D. Rileys (sic - The Second District of Texas publishes its reports with various and sundry symbols substituted for the intended ones.) first amended motion for summary judgment. In three issues, appellant contends that the trial court generally failed to follow Texas summary judgment principles, erred in its

We certify to the California Supreme Court the questions set forth in Part II of this order. The answer to the certified questions depend upon California law, and the answers are determinative to the outcome of the present appeal. We find no clear controlling precedent in the decisions of the California Supreme Court. The answer provided by the California Supreme Court to the certified questions w

Scott I. Canel and Scott I. Canel and Associates (collectively Canel Associates), as insureds, appeal from the circuit court of Cook County’s May 7, 2008 order staying a complaint for declaratory judgment filed by TIG Insurance Company (TIG) against Canel Associates and WW Westwood Center, LLC (WWWC), pending the resolution of WWWC’s underlying legal malpractice lawsuit against Canel Associate

In this case, we consider whether the district court properly dismissed a consumer class action pursuant to an arbitration agreement between T-Mobile and its customers. We hold that the agreement’s class action waiver is substantively unconscionable and therefore unenforceable under Oregon law. We also note that under the agreement the waiver is not severable. We reverse the district court’s o

Appellant, Carroll Grant, challenges the trial court's judgment, entered after a jury trial, in favor of appellee, Laughlin Environmental, Inc. ("LEI"), in Grant's suit against LEI for breach of contract, fraud, negligent misrepresentation, and quantum meruit. Grant presents seven issues for our review. In his sixth issue, Grant contends that the evidence is legally and factually insufficient to s

¶1 In A.B.C.G. Enterprises, Inc. v. First Bank Southeast, N.A., 184 Wis. 2d 465, 515 N.W.2d 904 (1994), the Wisconsin Supreme Court considered whether claim preclusion barred a mortgagor’s mortgage-related claims against a mortgagee where the mortgagee was previously granted numerous default judgments of foreclosure. See id. at 471. The court held that the mortgagor “was required to countercl

When Sharon Mondry sought reimbursement from her workplace insurance plan for the speech therapy her son was receiving, she was advised that the therapy was not covered by the plan because it was “educational or training” and “not restorative.”

For the next sixteen months, Mondry repeatedly asked both the plan and claims administrators to supply her with the plan documents containin

The plaintiff sued the members of the board of directors of the former Equity Office Property Trust charging that they had violated section 14(a) of the Securities Exchange Act, 15 U.S.C. § 78n(a), and the SEC’s implementing Rule 14a-9, 17 C.F.R. § 240.14a-9, which forbid material misrepresentations or omissions in soliciting a shareholder’s proxy vote. There is also a state-law claim. The d

This case arises from a real property transaction between Plaintiffs, as the purchasers, and Thomas and Lois Proctor (the Proctors), as the sellers. The Proctors hired Colon S. Mintz, Jr. (Mintz), a real estate agent with BFD Properties, Inc., d/b/a Re/Max Property Associates (Re/Max), to list their house (the property) for sale. William R. Owens was the supervising broker in charge of the Re/Max

This matter comes on before this Court on an appeal from a final order entered in the District Court on May 21, 2007, accompanying an opinion dated May 18, 2007, as well as from a separate judgment for compensatory and punitive damages in this case involving claims and counterclaims among parties in the surgical implant business. See Acumed LLC v. Advanced Surgical Servs., Inc., Civ. No. 05-2711,

In February 2003, Robert Reese Bains III and a group of former Peregrine Systems, Inc. (Peregrine) shareholders (collectively plaintiffs) filed this action against former Peregrine directors John J. Moores, Charles E. Noell III, and Christopher A. Cole (collectively defendants), as well as several former Peregrine employees, Peregrine's former outside accounting firm, and two of Peregrine's former

¶2 Pursuant to section 1604(A)(2) of title 20, the federal court has submitted "[t]he facts relevant to the question[s], showing fully the nature of the controversy out of which the question[s] arose." Those facts are repeated here, verbatim.

¶3 Plaintiff, Wilspec Technologies, Inc., and defendant, DunAn Holding Group Co. Ltd., both design, manufacture, and sell parts for air conditioni

This bankruptcy proceeding involves a dispute between Rita Fix and the First State Bank of Roscoe (the Bank) over Fix's home, which the Bank sold to a third party despite representing to Fix she could possess the home as long as she lived. The district court determined Fix enjoyed a homestead right in the property. The district court also determined she did not – by signing a settlement agreemen

In light of the current foreclosure crisis in this state and across the country, we are not surprised that we must consider an appeal presented by a homeowner faced with very difficult financial circumstances whose home was threatened by foreclosure proceedings. We do so with empathy for those who have found themselves in that unhappy position. This case came before the Supreme Court on December 9

¶ 1. DOOLEY, J. This is an action by clients (hereinafter plaintiffs) against a lawyer who misappropriated funds belonging to the clients. The complaint sought the funds, additional compensatory damages, and punitive damages on multiple theories. The lawyer failed to answer the complaint, and the superior court entered a default judgment in favor of plaintiffs. Thereafter, the co

Larry Ala appeals an order dismissing with prejudice, as barred by the statute of frauds, a two-count complaint he filed against Royce Chesser. We cannot agree that the statute of frauds precludes his claim seeking relief for unjust enrichment, and reverse the trial court’s dismissal of count one for that reason. We affirm the dismissal of count two seeking rescission and cancellation, however,