William and Robin Childers appeal from the circuit court's judgment granting a motion to dismiss for lack of personal jurisdiction in favor of Gary Schwartz, a California resident. The Childerses contend that the circuit court erred in granting the motion to dismiss because Schwartz committed tortious acts in Missouri, transacted business in Missouri, and had sufficient minimum contacts with Misso

Chrystin Pleasants filed suit on behalf of herself and a putative class, alleging that American Express Company and American Express Incentive Services (AEIS) violated the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq., by issuing preloaded, stored-value cards without making the disclosures required under the TILA.

The district court2 dismissed American Express Company, without obje

This appeal examines the standard to be applied when an insurance company denies coverage because the insured failed to disclose a potential claim on an application for insurance. Specifically, we must determine: When an application for insurance asks for the identification of "any facts, circumstances, or situations . . . which could reasonably be expected to give rise to a claim" and the policy

This case, like several before it (as well as a few books and an Academy Award winning film),1 concerns the estate of the late billionaire Howard Hughes. Plaintiff Melvin Dummar has long maintained that he is entitled to a portion of the Hughes fortune, having been named an heir in a handwritten document (the Holographic Will) purporting to be Hughes’s will. A Nevada jury found the Holographic W

This case involves an action brought by Pesnell in California for claims of federal constitutional violations and for claims of violations of the federal and state civil Racketeer Influenced and Corrupt Organizations Act (“RICO”). The principal issue in this case is whether these claims against employees of the government are barred by a judgment in an action brought by Pesnell in Arizona agai

On February 21, 2008, the plaintiff-appellant-petitioner Roger Scott Moyle, as personal representative of the estate of Richard Todd Moyle (Moyle), deceased, [fn1] filed an application for a writ of certiorari, urging this court to review the published opinion of the Intermediate Court of Appeals (ICA) in Moyle v. Y & Y Hyup Shin Corp., 116 Hawai'i 388, 173 P.3d 535 (App. 2007). Moyle argues that

Plaintiff Mariam Dornbirer appeals from a judgment of the trial court in favor of defendant Kaiser Foundation Health Plan, Inc. (Kaiser). After a neutral arbitrator ruled in favor of Kaiser on Dornbirer's claim that Kaiser failed to notify her that she needed follow-up care following a mammogram in 2001, Dornbirer petitioned the trial court to correct or vacate the arbitration award. Dornbirer arg

The defendant, the Milford Hunt Homeowners Association, Inc., appeals from the judgment of the trial court, rendered after a trial to the court, resolving a dispute over a billboard lease in favor of the plaintiff, Arnold Peck. The defendant claims that the court (1) failed to apply the provisions of General Statutes § 47-2471 properly so as to allow the termination of the lease and (2) improperl

[¶1] Janice (Barker) Lawless appeals from an order of the District Court (Newport, MacMichael, J.) denying her motion to set aside an entry of default, pursuant to M.R. Civ. P. 55(c), and her motion for relief from judgment, pursuant to M.R. Civ. P. 60(b), from a final order of parental rights and responsibilities entered by a Family Law Magistrate (Mathews, M.). Lawless contends that the court e

In this civil enforcement action, the Securities and Exchange Commission (“Commission” or “SEC”) charged that Jon R. Marple (“Marple”) and Grateful Internet Associates, LLC (“Grateful”),1 violated Section 10(b) of the Securities Exchange Act of 1934 (“§ 10(b)”), 15 U.S.C. § 78j(b); Commission Rule 10b-5 (“Rule 10b-5”), 17 C.F.R. § 240.10b-5; and Section 17(a) of the Secu

Mark Sindecuse appeals an adverse grant of summary judgment on his Missouri common law fraud claim against Dean Katsaros and CIB Marine Bancshares, Inc. We affirm the judgment of the district court.1

I.

Sindecuse purchased stock from CIB in private sales from 1995 to 1998, at prices of over $1,000 per share. Katsaros was Sindecuse’s accountant and a director of CIB. Sindecuse alleg

Ty-Walk Liquid Sales, Inc., provided products and marketing services to farmers. Unfortunately, it fell on hard times and closed its doors on August 23, 2001, leaving behind millions of dollars of debt that it owed to Wells Fargo Bank, N.A. The debt was secured by, among other things, Ty-Walk’s accounts receivable, and one of those accounts was with defendant Paul Siegel. When it could not colle

In this consolidated appeal, Mary Therese Charles appeals separate orders dismissing her action against Quantum Title Services, LLC, Envision Funding, LLC, and Cesar Jose, Envision’s principal, for failure to state a cause of action. Because the complaint alleges sufficient facts to state at least one cause of action against each of these parties, we reverse.

We review the instant dismiss

Jay M. Levy appeals from a final judgment entered by the United States District Court for the Southern District of Florida after a bench trial, finding him liable for multiple acts of solicitation fraud in violation of Section 4c(b) of the Commodity Exchange Act (“CEA”), 7 U.S.C. § 6c(b) (2000),1 and imposing various sanctions against him. Levy contends that the court erred in (1) multiplying

{1} A legal malpractice claim against a client’s former attorneys was barred when the court ruled that, as a compulsory counterclaim, the allegations of legal malpractice had to be filed in response to an attorney charging lien previously filed by those same attorneys. Relying upon Bennett v. Kisluk, 112 N.M. 221, 814 P.2d 89 (1991), we conclude that the client’s malpractice claim was not

{1} Allen and Desiri Pielhau (collectively Appellants), individually and as personal representatives of the estate of Jared Pielhau, their deceased son, appeal the district court’s grant of summary judgment in favor of Appellee, RLI Insurance Company (RLI). Appellants contend that the umbrella policy they purchased from RLI violated New Mexico law and public policy because it excluded unins

¶1 This case comes before us on appeal from the Third District Court. Plaintiff Overstock.com, Inc., (Overstock) appeals (1) the district court’s grant of summary judgment to defendant SmartBargains, Inc. (SmartBargains) holding that SmartBargains’ use of Internet pop-up advertisements (pop-ups)1 is not unfair competition and is not tortious interference with Overstock’s prospective busines

¶1 While the underlying litigation in this case involves multiple issues and parties, this interlocutory appeal concerns only the dismissal of one of Richard Davis’s many causes of action. The district court dismissed Mr. Davis’s challenge to Provo City’s annexation of his land, holding that he did not bring his challenge within the statutory time limit. The district court held that Utah Co

Plaintiff-Appellants Do Sung Uhm and Eun Sook Uhm (“the Uhms”) appeal the district court’s order dismissing their complaint against Defendant-Appellees Humana Health Plan, Inc. and Humana, Inc. (collectively “Humana”) on the ground that their claims are preempted by the express preemption provision of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (“Act”). T

Western Filter Corporation (“Western Filter”) appeals the district court’s grant of summary judgment in favor of Argan, Inc. (“Argan”). The district court had jurisdiction under 28 U.S.C. § 1332, and we have jurisdiction under 28 U.S.C. § 1291. We are asked to decide an issue of first impression under California law, whether a provision within a Stock Purchase Agreement (“SPA”) per

Swift & Co. (“Swift”), appeals an adverse grant of summary judgment on its breach of contract claim against Elias Farms, Inc., Stan Turbes, and William H. Johnson (collectively, “hog producers”). The hog producers cross-appeal adverse summary judgment rulings on their counterclaims for breach of contract and violations of the Minnesota Consumer Fraud Act (MCFA). We affirm the grant of summ

Plaintiff-Appellant Star Scientific, Inc. ("Star") appeals from a final judgment in favor of Defendants-Appellees R.J. Reynolds Tobacco Company (N.C.) and R.J. Reynolds Tobacco Company (N.J.) (collectively, "RJR"). The district court entered memoranda and orders: (1) holding, after a bench trial, that Star's U.S. Patent Nos. 6,202,649 ("the '649 patent") and 6,425,401 ("the '401 patent") are unenf

St. Paul Fire & Marine Insurance Company brought this declaratory judgment action for a ruling that it had no duty to defend its insured, Compaq Computer Corporation (Compaq), in a case brought against it in Texas by Hal LaPray (LaPray litigation). Compaq counterclaimed for a declaratory judgment that St. Paul had such a duty and for breach of contract damages and then moved for statutory damages

Routt Homes, LLC ("Defendant") appeals from a judgment in favor of T.J. Schoenlein, Delora Hunter, Douglas Bice and Cynthia Bice (jointly, "Plaintiffs") in the Circuit Court of St. Charles County. Defendant argues that the trial court erred in finding in favor of Plaintiffs because Plaintiffs failed to prove they suffered an ascertainable loss of money or property. We find that the trial court err

James River Insurance Company appeals the district court’s dismissal of its claim seeking a declaratory judgment that it is not obligated to provide a legal defense to Ground Down Engineering under the insurance policy Ground Down purchased from James River. James River also appeals the denial of its summary judgment motion. James River argues that the “pollution exclusion” in the policy exc