Ronald C. Priddy ("Priddy"), Sammy Bingham ("Bingham"), and Douglas McGraw ("McGraw") (collectively "appellants") appeal the summary judgment granted in favor of appellees, John V. Rawson ("Rawson"), Rick Stevens, E.M. (Liz) Stevens, Steve J. Schifani ("Schifani"), and Richard Dickson ("Dickson"), on appellants' claims of fraud, breach of fiduciary duty, director liability for deed-restriction vio

We grant appellants' motion for rehearing, deny as moot their motion for rehearing en banc, withdraw our opinions of April 17, 2008, and substitute this majority opinion on rehearing.

This multi-issue appeal arises from a dispute between an insurance broker and his clients as a result of the marketing and sale of several insurance policies. Appellants Environmental Procedures, Inc. and A

This is an appeal following a bench trial in which the trial court entered a judgment cancelling a deed. Under the deed, dated March 8, 2006, the grantor conveyed two lots and the improvements located thereon to the grantee in return for "Ten and No/100 Dollars ($10.00), and other good and valuable consideration." The judgment declared the deed to be void and set it aside for all purposes.

Appellant Delmer Urbanczyk sued his brother Marvin Urbanczyk and sister-in-law Janet Urbanczyk, and two brokerage firms, Edward D. Jones & Co., L.P., and A.G. Edwards & Sons, Inc., for various torts and declaratory relief arising from the handling of an account jointly owned by Delmer, his mother Isabel Urbanczyk, and his brother Arnold Urbanczyk. Footnote The claims against Edward Jones and A.G.

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

Appellants A.J. Morris, M.D., P.A. (AAJMPA@), Rio Grande Valley Imaging, Inc. (ARGVI@), and Dr. A.J. Morris appeal from a summary judgment granted for Appellee De Lage Landen Financial Services, Inc. (ADLFS@). Because we hold that DLFS established its right to summary judgment on some of its claims for damages but not for others, we affirm in part and reverse in part.

Background Facts
<

Appellants, James W. Fairchild, individually and in the name and right of Exeter Energy Services, L.P. (Exeter LP), and Fairchild & Wells, Inc. (hereinafter collectively referred to as "Fairchild"), appeal the trial court's grant of summary judgment in favor of appellees, Thomas F. Barron, Tetra Prime, Inc., and John Wells, individually. In six issues, Fairchild contends the trial court erred by g

The issue in this appeal is whether the trial court erred in declaring void an insurance policy issued by Nationwide Mutual Fire Insurance Company (Nationwide).

I

The facts are not in dispute. In February 2004, Anael Lopez Portillo filed an insurance application (the Application) with Nationwide, seeking insurance coverage for his newly purchased motor vehicle. The Application requir

This class action securities fraud lawsuit arises out of improper accounting by Royal Ahold, N.V., a Dutch corporation, and U.S. Foodservice, Inc. ("USF"), a Maryland-based Ahold subsidiary. The misconduct of Ahold and USF is not disputed in this appeal; at issue is the liability of Ahold’s accountants, Deloitte & Touche LLP ("Deloitte U.S.") and Deloitte & Touche Accountants ("Deloitte Netherla

This construction case involves a project to replace the steam heating and sanitary piping system at defendant Kean University (Kean). Following years of litigation, all parties agreed to submit their remaining disputes to arbitration before a retired judge, Reginald Stanton. After sixty-nine days of hearings, the arbitrator issued a cogent and exhaustively-detailed ninety-five page arbitr

Plaintiff Multiverse, Inc. (Band) appeals from a judgment in favor of Ren Scarab as Just Rock PR (Scarab), the United States Publicity Director for Just Rock PR, an entity that books tours and provides publicity for rock bands in the United States, Europe and Japan.

In December 2005, the Band contracted with Scarab to book twelve shows during July 2006 and to provide publicity servi

¶ 1. Defendants Paul Florindo and Susan Morency appeal from a jury verdict and judgment against them for common-law fraud and violations of Vermont’s Consumer Fraud Act in connection with their sale of a bed and breakfast business. Both defendants claim that the evidence did not support the verdict, that the jury instructions regarding common law and consumer fraud were plainly erroneous, and

These appeals require us to grapple with the metes and bounds of Massachusetts unjust enrichment and restitution law. Like many such cases, the present case involves one party's conferral of a valuable benefit during ongoing contract negotiations, followed by an irreparable breach in the bargaining process. What makes this case unusual is that its subject matter -- the development of a blockbuster

The question before us is whether a dispute over the validity of an arbitration agreement should be decided by a court or by an arbitrator. Appellant is Coverall North America, Inc., itself the subsidiary of still larger enterprises. Coverall contracts to provide commercial janitorial cleaning services to building owners or operators throughout the United States. It "franchises" other companies or

Appellants, Ally Cat, LLC, a/k/a KidzLife Pediatrics, and Dr. Stephanie Russell, appeal as a matter of right from an April 2008 order of the Court of Appeals denying them intermediate relief against an opinion and order by Appellee, Judge A.C . McKay Chauvin of the Jefferson Circuit Court. Appellee's order mandated that Appellants enter into an arbitration proceeding with the Real Parties in Inter

Respondents, who have for over 15 years smoked “light” cigarettes manufactured by petitioners, Philip MorrisUSA, Inc., and its parent company, Altria Group, Inc., claim that petitioners violated the Maine Unfair TradePractices Act (MUTPA). Specifically, they allege thatpetitioners’ advertising fraudulently conveyed the message that their “light” cigarettes deliver less tar and nicotine t

¶1 Sterling Wentworth Corporation (“SWC”) terminated Stephen A. Giusti’s employment. Giusti sued, asserting six claims against SWC and its parent corporation SunGard: (1) fraudulent inducement, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, (4) promissory estoppel (claims two through four, collectively, the “contract claims”), (5) tortious int

Appellant Gaetano Paduano appeals from a judgment of the trial court in favor of defendant American Honda Motor Company, Inc. (Honda). Paduano purchased a new 2004 Honda Civic Hybrid in June 2004, and subsequently became displeased with the fuel efficiency of the vehicle. Paduano was achieving approximately half of the Environmental Protection Agency's (EPA) fuel economy estimate that was disclose

Plaintiff-Appellant Kaiser Foundation Health Plan, Inc. (“Kaiser”) sued Defendants-Appellees Abbott Laboratories (“Abbott”) and Geneva Pharmaceuticals (“Geneva”) for violations of the Sherman Antitrust Act and analogous provisions of California law. Kaiser brought a claim under Section One of the Sherman Act against both Abbott and Geneva, and a claim under Section Two against only Abb

Kent L. Jardine sued his former father-in-law, John N. McVey, and the board of directors of John’s family corporations. Kent’s claims for breach of fiduciary duty and fraudulent misrepresentation arose out of his divorce from Julie A. Jardine. During their marriage, Julie acquired stock in three corporations owned by her family. Under the property settlement agreement, John, on Julie’s behal

In 1999, Irwin Seating Company (Irwin) attempted to implement a new computer system that it had purchased from International Business Machines Corporation (IBM), J.D. Edwards World Solutions Company (Edwards), and SynQuest, Inc. (SynQuest). After the project failed, Irwin filed a complaint seeking damages from the three technology companies based upon various contract, warranty, tort, and statutor

This is an appeal following a bench trial in which the trial court entered a judgment cancelling a deed. Under the deed, dated March 8, 2006, the grantor conveyed two lots and the improvements located thereon to the grantee in return for "Ten and No/100 Dollars ($10.00), and other good and valuable consideration." The judgment declared the deed to be void and set it aside for all purposes.

Plaintiff Hospira Incorporated (See footnote 1) appeals from summary judgment granted in favor of Defendant AlphaGary Corporation on Hospira 's claims for fraud, negligent misrepresentation, violations of the Unfair and Deceptive Trade Practices Act , and third party beneficiary breach of contract. Hospira also appeals from the 16 February 2006 order dismissing its negligence claim and from th

In this appeal from the Circuit Court of Monongalia County, we are asked to review an order granting summary judgment in an action seeking to reform a deed and seeking monetary damages.

As set forth below, we affirm the circuit court's summary judgment order.

I.

On August 29, 2003, appellee Terra Firma Company was incorporated by coal company Consol En

In this original proceeding in prohibition, the petitioner, West Virginia National Auto Insurance Company, Inc., challenges the November 16, 2007, order of the Circuit Court of Harrison County, West Virginia, dismissing the respondent, John A. Yanchek, from the underlying action for lack of personal jurisdiction. In the action, National Auto, a West Virginia corporation engaged in the business of