Plaintiff Specialty Beverages, L.L.C. sued Defendant Pabst Brewing Company for breach of contract and fraud. Specialty Beverages and Pabst both filed motions for judgment as a matter of law pursuant to Rule 50(a) of the Federal Rules of Civil Procedure. The district court granted Pabst’s motion regarding Specialty’s fraud claim and granted Specialty’s motion regarding Pabst’s impossibility

This appeal presents a question that remains surprisingly unanswered by the circuit courts: Does the sale of an item via the eBay Internet auction site provide sufficient “minimum contacts” to support personal jurisdiction over a nonresident defendant in the buyer’s forum state? Plaintiff-Appellant Paul Boschetto (“Boschetto”) was the winning bidder for a 1964 Ford Galaxie sold on eBay b

In this securities case, a drug company, Biogen Idec Inc., conducted clinical trials and received accelerated FDA approval for TYSABRI, a promising new drug for multiple sclerosis and similar autoimmune diseases. The price of the company stock increased as FDA approval was sought and granted. Less than three months after the approval, on February 18, 2005, continuing clinical trials of the drug re

RN Solution, Inc. (RNS) entered into a contract to recruit South Korean nurses for Catholic Healthcare West (CHW), which operates a chain of medical facilities. The contract contains a broad arbitration clause. Under disputed circumstances, RNS’s chief executive officer (CEO), Tanya Woo, became involved in an intimate relationship with a CHW vice-president who oversaw the recruiting contract, St

These consolidated appeals involve suits against the City and County of San Francisco, San Francisco Municipal Transportation Agency (“MUNI”), and various individual defendants (collectively, “Defendants”) for race and national origin discrimination in violation of 42 U.S.C. §§ 1981, 1983, 1985 & 1986. Plaintiffs allege that Defendants discriminated against them by giving preferential hi

A group of individual investors brought this securities fraud action on behalf of themselves and a proposed class comprising all individuals (collectively, the “Investors”) who purchased Gilead Sciences, Inc.’s (“Gilead”) publicly traded securities between July 14, 2003, and October 28, 2003 10322 IN RE GILEAD SCIENCES SECURITIES LITIGATION (“class period”). They allege that Gilead m

Little Gem Life Sciences, LLC ("Little Gem") filed this securities class action against Orphan Medical, Inc. ("Orphan") on behalf of all individuals who held Orphan stock at the time Orphan was acquired by Jazz Pharmaceuticals, Inc. ("Jazz"). Little Gem alleged that Orphan and two of its principal executive officers, John H. Bullion and Timothy G. McGrath, negligently failed to disclose material i

After a fire substantially damaged her home, the plaintiff, Karen Aurelius, made a claim under a homeowners insurance policy that the defendant, State Farm Fire and Casualty Co. (State Farm), had issued to her and her husband. State Farm, finding that the fire was intentionally caused by Aurelius' husband for the purpose of obtaining insurance benefits, denied coverage. On November 14, 2006, Aurel

Plaintiff Zaremba Equipment, Inc. commenced this insurance coverage lawsuit after a fire destroyed its premises. A jury awarded plaintiff $2,353,778, exclusive of costs, attorney fees, interest and case evaluation sanctions. We affirm in part, reverse in part, and remand for further proceedings.

I. Underlying Facts and Proceedings

On February 21, 2003, a fire consumed the primary bui

Richard Campfield is both an owner of an auto-glass repair shop and the holder of fourteen patents for processes to repair or prevent windshield cracks. He believes, contrary to industry practice, that it is feasible—indeed, safer—to repair many windshield cracks between six and eighteen inches long rather than to replace the windshield. In 2003, apparently exasperated with his lack of success

The case before us turns on whether an insurance broker has the responsibility to advise an insured to procure excess uninsured/underinsured motorist (“UM/UIM”) coverage in an umbrella policy in addition to coverage selected in the underlying automobile policy. In this removed diversity case, Plaintiffs-Appellants Marla Sewell and her minor daughter Brooke Sewell appeal from the district court

Defendants, Interstate Property Remediation, Inc., and its principal owner, Glen Cassady, appeal from the district court’s order granting summary judgment to Plaintiff, Nautilus Insurance Company, with respect to a bad faith action initiated after Nautilus reserved its right to deny coverage under an insurance policy owned by Cassady and Interstate. For the reasons that follow, we AFFIRM the jud

Robert and Dena Pavelka filed suit against Foxworth-Galbraith Lumber Co. alleging that Foxworth-Galbraith had supplied them lumber which was infested with powderpost beetles. The Pavelka alleged claims for breach of contract, negligent misrepresentation, breach of warranty, and DTPA violations. A jury found: (1) Foxworth-Galbraith had supplied lumber which was defective because it was not fit fo

John Cahak sued Rehab Care Group, Inc., his former employer, for breach of contract and fraudulent and negligent misrepresentation. The trial court granted Rehab’s traditional and no-evidence motions for summary judgment. Cahak appeals. We will affirm.

Standards of Review

We review a trial court’s summary judgment de novo. Provident Life & Accident Ins. Co. v. Knott, 128

Donald Van Marcontell appeals the trial court's judgment in favor of Steven C. Jacoby on Jacoby's claims for negligent misrepresentation and fraud respecting the purchase of a house, and awarding Jacoby actual damages in the amount of $48,300. Jacoby claims the misrepresentations were made by Marcontell after the contract to purchase was made, but before the sale was closed.

Marcont

In these consolidated appeals, Sovereign Bank and the Pennsylvania State Employees Credit Union appeal orders dismissing claims that arose from the theft of certain credit card information from a retailer’s computer files. For the reasons that follow, we will reverse in part, and affirm those orders in part.

I. BACKGROUND These consolidated appeals involve two law suits that arose from th

{1} We granted certiorari to review whether Defendant Dell Computer Corporation’s Motion to Stay and Compel Arbitration pursuant to the Federal Arbitration Act was properly granted. We hold that, in the context of small consumer claims that would be prohibitively costly to bring on an individual basis, contractual prohibitions on class relief are contrary to New Mexico’s fundamental publi

¶1 This case comes to us on appeal from directed verdicts granted by the trial court. Welden Daines sued the Ambulatory Surgical Centers Group, L.C. (ASC) and Richard Vincent seeking to enforce an alleged oral agreement. After Daines presented his case-in-chief, the trial court granted directed verdicts against him effectively dismissing all of his claims. Central to the appeal before us is an ag

Gloria Warren brought this suit against State Farm Fire & Casualty Company (“State Farm”) to recover the proceeds of an insurance policy after her home burned and State Farm denied the claim. At trial, State Farm asserted that the policy was void on two grounds: (1) Warren, or individuals acting on her behalf, intentionally set the fire2 and (2) Warren made material misrepresentations followin

When Damrow Cattle Company (“DCC”) was placed in involuntary receivership and a Chapter 7 bankruptcy proceeding, fourteen cattle investors and corn producers1 who were fattening cattle and storing grain at the DCC feedlot lost over $1.7 million plus nearly $200,000 in bankruptcy litigation expenses. They sued the First National Bank of Holdrege (“the Bank”), DCC’s primary lender from 198

Timothy and Gloria Owen brought this putative class action suit against General Motors Corporation (GM) after their windshield wipers failed, asserting claims of breach of warranty, breach of contract, unjust enrichment, fraudulent concealment, and violation of the Missouri Merchandising Practices Act (MMPA), Mo. Rev. Stat. § 407.025 (2000). See 28 U.S.C. § 1332(d)(2) (prescribing the elements o

Asserting causes of action for statutory fraud, common-law fraud, negligent misrepresentation, mistake, breach of warranty of suitability, constructive eviction, and breach of the covenant of quiet enjoyment, Italian Cowboy Partners, Ltd. (ICP), Francesco Secchi, and Jane Secchi sued the Prudential Insurance Company of America and Prizm Partners in connection with the lease of restaurant property.

Appellant, Kelly Wood, challenges the trial court's summary judgment rendered in favor of appellee, Texas Chiropractic College ("TCC"), in Wood's suit against TCC for a violation of the Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA"), (1) fraud, negligent misrepresentation, and equitable estoppel. In her sole issue, Wood contends that the trial court erred in granting TCC summary

Respondent Siena Court Homeowners Association (Siena Court) filed a construction defect action against respondents Green Valley Corporation, et al. (Green Valley). Green Valley was the developer of the Siena Court condominium complex. Appellant University Gardens Condominium Owners Association (University Gardens) sought to intervene in the construction defect action on the ground that it had an i

Labor Code1 section 4850 provides that when a public safety officer (like each plaintiff here) "is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, . . . to a leave of absence while so disabled without loss of salary . . . ." [Emphasis added.] The statute is part of the Workers' Compensation L