Christopher Rural Health Planning Corp. sued Lyon Financial on a fraudulent misrepresentation and/or fraudulent concealment; negligent misrepresentation; civil conspiracy and aiding and abetting theories claiming that the software that it leased from Defendant to record and store patient data did not perform as represented. Plaintiff also claimed that the leases were altered and that Lyon knew of

This appeal arises out of an insurance coverage dispute between appellant Narragansett Jewelry Co. Inc., d/b/a C & J Jewelry Co. Inc. ("Narragansett") and its general liability insurer, appellee St. Paul Fire and Marine Insurance Co. ("St. Paul"). Narragansett sought defense and indemnity from St. Paul in connection with a civil action filed against it by Slane & Slane Designs, LLC ("Slane") in t

The Guardian Life Insurance Company of America (Guardian Life) allegedly sold Dr. David C. Powell a whole life insurance policy in 1993 by falsely promising through its agent John A. Davidson that earnings from the policy would be sufficient to pay the premium costs after the 11th year and by providing misleading marketing materials that similarly represented out-of-pocket premium costs would be e

[¶1] Brenda Bangs, who claims that attorney Robert E. Schroth, Sr., undertook and then mishandled her legal representation by failing to timely commence medical malpractice litigation against two doctors, appeals the district court’s grant of summary judgment to Mr. Schroth in her legal malpractice action against him. Because Mr. Schroth has not established a prima facie case entitling him to

On July 24, 2000, The Williams Companies, Inc. (“WMB”) announced that it would be spinning off its telecommunications subsidiary, Williams Communications Group (“WCG”), in a move that it called “the best way to ensure that both our energy and communications businesses have the efficient and effective access to the capital necessary to pursue the substantial growth that each enjoys.” No

Gerald Gresh claims that Waste Services of America (“WSA”), two of its corporate officers and an affiliated company fraudulently induced him to refrain from exercising an option to buy WSA stock until after most of the corporation’s assets had been sold or transferred. The district court rejected all of his claims as a matter of law. We affirm in part and reverse in part.

I.

In

Kabushiki Kaisha Molten and Molten USA, Inc. (collectively “Molten”) appeal from a final judgment of the United States District Court for the Western District of Washington denying Molten’s motions for a new trial and judgment as a matter of law (“JMOL”) relating to a jury award of $8,054,579 for false advertising under Section 43 of the Lanham Act. See Baden Sports, Inc. v. Kabushiki Ka

Knapp appeals the trial court's final judgment. After a trial, the jury found against Knapp on his claim for breach of contract and in favor of the Wilson N. Jones Memorial Hospital d/b/a Wilson N. Jones Regional Health System (WNJ) on its counterclaims for breach of contract, breach of fiduciary duty, fraud, and negligence. WNJ was awarded $101,569 in damages, $939,000 in attorneys' fees, and $30

This appeal arises from a dispute involving the sale of waterfront property on Lake Travis in Austin, Texas. Appellant Sierra Associate Group, Inc. d/b/a New Austin Homes ("Sierra") sued the seller, appellees Bryan Hardeman and Hardeman Family Joint Venture, Ltd., and the seller's real estate agent and broker, appellees Richard A. Smith, Sandion G.P., and Tosca Gruber, alleging common law and stat

Appellant Mark Hackett brought suit against appellees Littlepage & Booth, Littlepage & Associates, P.C., and Michles & Booth, P.A., (1) alleging legal malpractice and deceptive trade practices stemming from the Law Firms' representation of Hackett, specifically the Law Firms' failure to file suit against two of Hackett's treating physicians for medical malpractice. In four issues, Hackett challen

Plaintiffs and appellants Larry and Camille Calemine appeal from a summary judgment entered in favor of defendant and respondent Walter Samuelson (Samuelson).

The trial court ruled that Samuelson, the seller of a condominium purchased by appellants, met his burden to show the absence of a triable issue of fact concerning his disclosure of facts relating to water intrusion. We reverse. While

This appeal is from a judgment on the pleadings entered in a legal-malpractice case that appellants Dorothy Rice, Winston Rice, Jr., Dianne Anderson, and Gay Roberts filed against appellees, attorneys Duncan Ragsdale and Gerald Coleman, who represented them in a previous medical-malpractice case following the June 29, 2000 death of Winston Rice, Sr. We affirm the judgment for appellees.

On

Margaret Hughes and William Hughes ("Plaintiffs") brought an action for monetary damages against Freeman Health System ("Hospital"). Margaret Hughes ("Nurse") had worked as a registered nurse for Hospital but was terminated from that employment on September 3, 2004. Counts I and III of Plaintiffs' petition claim Nurse had been wrongfully discharged and sought, respectively, compensatory and puniti

Firstcom, Inc. (“Firstcom”) appeals the district court’s1 order dismissing all of its claims against Qwest Corporation (“Qwest”). We affirm. 2ILECs are “existing telephone companies, which previously held monopolies,” Sw. Bell Tel., L.P. v. Mo. Pub. Serv. Comm’n, 530 F.3d 676, 680 (8th Cir. 2008); see 47 U.S.C. § 251(h), whereas CLECs are “newcomers,” Sw. Bell Tel., L.P., 530

On January 5, 2006, Michael Reed sued his former employer, the Lear Corporation (“Lear”), under the Family and Medical Leave Act (“FMLA”). See 29 U.S.C. § 2601 et seq. He alleged that Lear violated the FMLA when it fired him for absences he incurred in reliance on Lear’s representation to him that he was on provisional FMLA leave. On January 31, 2008, the district court1 granted Lear’

Even before the stock market began its precipitous fall in early October 2008, litigation over alleged mismanagement of defined contribution pension plans was becoming common. This type of litigation received a boost when, in LaRue v. DeWolff, Boberg & Associates, Inc., 128 S.Ct. 1020 (2008), the Supreme Court held that “a participant in a defined contribution pension plan [may] sue a fiduciary

In this insurance action, plaintiffs appeal as of right, arguing both that defendant was improperly granted a motion in limine because the language forming the basis for the denial of coverage was ambiguous and that the jury’s finding that the subject premises had been vacant for 30 days before the loss occurred was against the great weight of the evidence. We affirm. Plaintiffs own several rent

In this first-party no-fault automobile insurance action, plaintiff Kyle Roberts, by his next friend and mother, Lillian Irwin, appealed as of right the trial court’s order granting defendant Titan Insurance Company (Titan) summary disposition under MCR 2.116(C)(10). In our opinion issued December 4, 2008, we reversed but stated that, were it not for the plurality decision in Priesman v Meridian

This appeal arises from a lawsuit that plaintiff Restaurant Supply Solutions, Inc. (“RSSI”) brought against defendants Dean Leischow, doing business as Leischow Group, Inc. and LGI Energy Solutions, Inc. (collectively “LGI”), for breach of contract, fraud in the inducement to contract, fraudulent misrepresentation, and intentional, bad faith refusal to pay commissions in violation of TENN.

A landlord successfully evicted a long-term tenant from a rent-controlled apartment, ostensibly to free the unit for occupancy by the landlord’s daughter. The landlord’s daughter never moved in, and the tenant sued the landlord for fraud and unlawful eviction, and failure to pay relocation expenses. The landlord responded with a special motion to strike (Code Civ. Proc., §425.16), arguing the

Spectrum Worldwide, Inc. (“Spectrum Worldwide”), Celebrity Products Direct, Inc. and Celebrity Products, Inc. (collectively “Celebrity”), Spectrum Worldwide’s president Murray Moss (“Moss”), CEO Lisa Tremain (“Tremain”), and CFO Howard Schwartz (“Schwartz”) (all of the defendants hereinafter referred to as “Spectrum”) asks this court to determine whether the “first publ

This is an appeal from the district court’s order granting a renewed motion for summary judgment to the defendants in a defamation suit brought by Freddie Williams, Jr., a former high school principal for Detroit Public Schools. The United States District Court for the Eastern District of Michigan, the Honorable Patrick J. Duggan, District Judge, concluded that the plaintiff principal was a publ

Plaintiff-appellant Floyd Kyes, of New York, brings this contract action, arising out of the purchase of a 1988 Mack Superliner truck, against Baskin Auto Truck & Tractor, Inc. (“Baskin”), of Tennessee. He alleges violation of the Federal Odometer Act, 49 U.S.C. §§ 32701, et seq., fraudulent and negligent misrepresentation, breach of contract, and detrimental reliance, and seeks rescission a

Robert and Cynthia Moe appeal the summary judgment granted in favor of the holder of their home mortgage note on their claims for breach of contract, fraud, fraudulent inducement, and negligent misrepresentation. Because the Moes produced less than a scintilla of evidence in support of their claims, we affirm.

I. Factual and Procedural Background

In 1997, Robert and Cynthia Moe

Appellants Clearview Properties, L.P.; Michael Starcher, Trustee for the Crown Hill Trust; Craig Walker, d/b/a Clearview Properties, L.P.; and Clearview Investments, Ltd. (collectively AClearview@) (sic) (The Fourteenth District Court of Appeals of Texas publishes its reports online with substitute symbols for quotes.) appeal from the trial court=s order granting summary judgment on their claims a