Wayne Johnson (Johnson) appeals from the December 7, 2007 order of the Court of Common Pleas of Philadelphia County (trial court) denying Johnson’s motion for a new trial on the issue of damages based on alleged insufficient evidence and ex parte communication between the judge and jury. The issues presented are: 1) whether the trial court erred by refusing to grant Johnson a new trial on the is

In this insurance bad faith action arising out of the destruction of Patrick A. and Elsa L. Major's (together the Majors) home in the Cedar Fire in October 2003, their insurer, Western Home Insurance Company (Western), appeals from a jury verdict against it totaling approximately $1.3 million dollars, consisting of $31,359.55 in economic damages, $450,000 in noneconomic damages, $189,000 in attorn

Case Summary and Issue Ezra Bradshaw appeals the trial court‟s grant of summary judgment in favor of Affirmative Insurance Company, Bradshaw‟s insurer, disposing of Bradshaw‟s claim for uninsured motorist benefits. On appeal, Bradshaw raises one issue, which we restate as whether the trial court properly concluded Bradshaw‟s claim was time-barred pursuant to the two-year limitation period

¶1 LUNDSTEN, J. Gene Blanchar appeals the circuit court’s order dismissing his Wis. Stat. § 100.18(1) misrepresentation claim against Lake Land Builders, Inc., and Chad Strutzel, Lake Land’s sole stockholder.[1] Blanchar entered into a contract to purchase a vacant lot from Lake Land, then entered into a second contract to have Lake Land construct a home on the lot. The purchase p

In this first-party no-fault automobile insurance action, plaintiff Kyle Roberts, by his next friend and mother, Lillian Irwin, appeals as of right the trial court’s order granting defendant Titan Insurance Company (Titan) summary disposition under MCR 2.116(C)(10). We reverse. But, were it not for the plurality decision in Priesman v Meridian Mut Ins Co1 adopted by this Court in Butterworth Hos

Routt Homes, LLC appeals the trial court's judgment in favor of T.J. Schoenlein, Delora Hunter, and Douglas and Cynthia Bice. Schoenlein and Hunter, and the Bices entered into purchase contracts to buy houses with the company and closed on the homes in August 2004 and May 2005, respectively. Their purchase contracts included a warranty provided by the 2-10 Home Warranty Corporation. However, the p

Steven and Frances Larabee ("Larabees") brought an action against Buddy and Dorothy Eichler ("Eichlers") for misrepresentation as to the sale of certain real property located in Benton County, Missouri. The trial court granted the Eichlers' motion for summary judgment as to Count I, stating the Larabees' action was barred by statute of limitations section 516.120(5).1 The trial court also granted

Liberty Building Corporation (Liberty) and its owners appeal from the district court’s order finding that the property purchased by Liberty in a chapter 11 bankruptcy sale is burdened by restrictive covenants limiting its use to a golf course. Liberty wished to develop the property for other purposes, but homeowners adjacent to the property filed suit to compel its continued maintenance as a gol

Appellees Ord, Inc., with Kevin Ord as owner, and D&J Trust, with Dan Liebig as trustee, purchased notes issued by DFS Credit Corporation (DFS) from Aragon Financial Services (Aragon) through its registered representative Kent Carter. Carter’s company was called AmFirst Investment Services. Carter was associated with appellants, AmFirst Bank and its president, Van Korell. DFS defaulted on those

Opal Shepard filed an action against Stanley Andreasen and New York Life Insurance/New York Life Insurance and Annuity Company (New York Life) asserting various causes of action premised on her allegation that Andreasen and New York Life gave her improper financial advice regarding multiple life insurance products. T he district court for Burt County granted summary judgment in favor of Andreasen

In 1987, the Arizona Supreme Court held in Mark Lighting Fixture Co. v. General Electric Supply Co. (Mark Lighting II) that a judgment dismissing a complaint for lack of prosecution deprived the superior court of jurisdiction to rule on a subsequent application for attorneys’ fees. 155 Ariz. 27, 31-32, 745 P.2d 85, 89-90. This case presents the issue whether Arizona Rules of Civil Procedure 54(b

After her father died, plaintiff and appellant Mary L. Baudino (Baudino) obtained funeral goods and services from a mortuary. Thereafter, she filed this lawsuit against the mortuary alleging it did not abide by the Federal Trade Commission’s “Funeral Rule,” 16 Code of Federal Regulations parts 453.1 to 453.9 (2008), and specifically the “cash advance” provisions of that rule, 16 Code of

Named class members Nakia Williams and Rita Tabiu (“Appellants”), parents of small children, brought a class action against Gerber Products Company (“Gerber”). An amended complaint alleged that Gerber deceptively marketed its “Fruit Juice Snacks” (“Snacks”) a food product developed for toddlers. The district court granted Gerber’s motion to dismiss under Rule 12(b)(6). We have ju

This lawsuit arises from a dispute between Don C. Wang, appellee, and Sean Shahparast, the sole member of Royal Investment Group, LLC, (collectively, “Royal”), appellants, over their negotiations for Royal to purchase from Mr. Wang a house and real property located at 5281 Goldsboro Road in Montgomery County (“the Property”). Negotiations broke down, and the parties did not proceed to sett

¶1 Masoumeh Bagherinassab (Appellant) appeals from an order of the trial court, which annulled her marriage to Mohammad Ali Seirafi-Pour (Appellee). The issue on appeal is whether the trial court's decision that the parties' marriage had been procured by fraud practiced by Appellant is supported by the evidence. We find that the trial court's decision to annul the marriage due to fraud is support

Defendant-appellant The Spectranetics Corporation (“Spectranetics”) appeals from a final judgment of the district court awarding $500,000 to plaintiff-appellee Dr Peter Rentrop. The judgment was based on a jury’s verdict that found claim 1 of Rentrop’s United States Patent No 6,673,064 (“the ’064 patent”) not invalid and infringed. After trial, the district court considered and rejec

This appeal stems from a civil action brought by appellee Barry J. Jewell against appellant the United States (“the IRS”) seeking a refund of his pro rata share of a tax sanction paid in conjunction with a closing agreement between his former law firm and the IRS. On appeal, the IRS challenges the decisions of the district court (1) denying the IRS’s motion to dismiss the complaint for lack

This matter involves two appeals from a single judgment. While the appeals are from the same judgment, we recognized in our opinion and judgment issued July 23, 2008, that they are independent of one another with regard to the issues presented, the analysis required, and the disposition. Accordingly, we addressed each appeal separately, affirming in part and reversing and remanding in part. Appell

On April 23, 2005, the Bushes purchased a two-wheel drive 2005 Lincoln Aviator sport utility vehicle from Johnson-Sewell in exchange for a trade-in vehicle and a note. The Bushes allege that Johnson-Sewell sales staff induced them into purchasing the Aviator by misrepresenting that it had all-wheel drive (AWD) rather than two-wheel drive. The Bushes also claim that Johnson-Sewell engaged in a bait

This appeal arises out of a used car purchase. The trial court granted summary judgment against the purchaser. We affirm in part and reverse and remand in part.

Background

On February 21, 2004, appellant Billy Don Gifford purchased a 2001 Toyota Tacoma from appellee Don Davis Auto, Inc. d/b/a Don Davis Toyota (ADon Davis@). Don Davis used a form retail installment sales contract f

This case arises from an injury suffered by plaintiff John Shanahan while shopping at a supermarket operated by New Albertsons, Inc. (Albertsons). He and his wife filed suit against Albertsons based on claims of negligence and premises liability. In this writ proceeding, Albertsons challenges the denial of its motion to withdraw an admission made in response to a request for admission and the impo

Petitioner Starbucks Corporation (Starbucks) petitions for a writ of mandate directing the trial court to vacate its order denying Starbucks’ motion for summary judgment, and to enter a new order granting the motion. Real parties in interest Eric Lords, Hon Yeung, and Donald Brown (collectively plaintiffs) represent a class of some 135,000 unsuccessful job applicants at Starbucks. They allege th

In this first-party no-fault automobile insurance action, plaintiff Kyle Roberts, by his next friend and mother, Lillian Irwin, appeals as of right the trial court’s order granting defendant Titan Insurance Company (Titan) summary disposition under MCR 2.116(C)(10). We reverse. But, were it not for the plurality decision in Priesman v Meridian Mut Ins Co1 adopted by this Court in Butterworth Hos

Plaintiff-appellant Graceland Fruit, Inc. (“Graceland Fruit”) appeals the district court’s award of attorneys’ fees to defendant-appellee, KIC Chemicals, Inc. (“KIC”). Because we find that the district court did not abuse its discretion, we affirm the district court’s award of attorneys’ fees to KIC.

I.

The relevant underlying facts of this case are outlined in the di

Plaintiff Aubin Industries, Inc. makes industrial wheels. Defendants have, at various times, owned the Wellington caster business. From approximately 1998 to 2002, Wellington purchased wheels from Aubin and incorporated them into casters, which Wellington then sold to Honda of America. The parties stopped doing business in 2002 after Aubin discovered that Wellington had duplicated its wheel and wa