Appellant Comp & Soft, Inc. (CSI) appeals the trial court's summary judgment in favor of Respondent AT&T Corporation (AT&T) on CSI's petition alleging breach of contract and related claims arising from an arrangement for the provision of information technology consultants. CSI asserts that the trial court erred in granting summary judgment because there were genuine issues of material facts in dis

Appellant Cornelia I. Crowell GST Trust ("Crowell Trust") appeals the district court's2 dismissal of its class action against Possis Medical, Inc., Robert G. Dutcher, and Eapen Chacko (collectively "Possis Medical") for alleged securities fraud. Crowell Trust argues that the district court erred in determining that its pleading failed to meet the heightened pleading standards of the Private Se

Four Harford County Maryland families who purchased homes from D.R. Horton in DelMar Farms development sued D.R. Horton on fraud, misrepresentation of facts, deceptive trade practices and breach of warranty theories claiming that D.R. Horton was aware of the water contamination on the Fallston property from environmental reports but did not disclose that information before selling the homes i

Fulbright McNeill, Inc. (FMI) appeals the district court's grant of summary judgment in favor of PHL Variable Insurance Company ("PHL"). FMI was the beneficiary of a life insurance policy issued by PHL to Keith McNeill. After McNeill's death, PHL sued FMI seeking rescission and cancellation of the policy, arguing that McNeill misrepresented the state of his health when he applied for insurance

A fire destroyed plaintiff Rodney J. Barth's home, and he filed a fire loss claim with his insurer, State Farm. State Farm denied the claim under an exclusion in Barth's policy voiding coverage if the insured intentionally concealed or misrepresented a material fact impacting coverage. Barth filed a complaint against State Farm in the circuit court of Sangamon County seeking damages after the

We consider the doctrine that's on everyone's lips: uberrimae fidei.

Facts

Lawrence O'Rourke purchased C'Est Moi, Inc. (C'Est Moi) in 1986, and became its president and sole shareholder.

As part of this purchase, O'Rourke acquired a yacht owned by C'Est Moi, and subsequently insured it through Washington International Insurance Co. (Washington International). A fire destroye

This medical malpractice case stems from an operation wherein Appellee Dr. Enrique Benavides, Jr. ("Benavides") performed a vaginal hysterectomy and anterior repair on Appellant Nancy Ortegon ("Ortegon"). The procedure was performed at Mercy Health Systems of Texas ("Mercy Hospital"). During the operation, numerous complications developed and Benavides ultimately had to re-open the sutures to re

This is an appeal from a jury verdict in favor of PSRA Investments, Inc. ("PSRA"). We conclude that an agreement by PSRA to purchase an apartment complex "as is" did not, as a matter of law, negate PSRA's fraud claims brought against San Antonio Properties, L.P. ("SAP"), the seller of the property. Because we conclude the evidence is legally sufficient to support the jury's verdict on at least one

TIG Insurance Company has sued its broker, Aon Re, Inc., for failing to provide complete information to a reinsurer with whom TIG negotiated a reinsurance treaty. The treaty was rescinded as a result of the incomplete information, and TIG asserts causes of action against Aon Re for negligence, negligent misrepresentation, breach of fiduciary duty, and common-law indemnity. TIG appeals the dis

Appellant Teva Pharmaceuticals USA, Inc. ("Teva") appeals from a final judgment of the United States District Court for the District of New Jersey, entered after a bench trial, in favor of Appellees Pfizer, Inc. et al. (collectively "Pfizer"). Pfizer Inc. v. Teva Pharms. USA, Inc., 482 F. Supp. 2d 390 (D.N.J. 2007). The district court held that Teva infringed three patents owned by Pfizer: specifi

1 In this case involving the sale of an automobile dealership, Larry J. Coet Chevrolet, Pontiac, Buick, Inc. (Coet), appeals the trial court's grant of partial summary judgment in favor of Danny R. Labrum, individually, and Labrum Chevrolet, Pontiac, Buick, Inc. (collectively, Labrum). Coet argues that the trial court erred in granting Labrum's motion for partial summary judgment because Coe

This is a diversity action which was dismissed under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiffs Thomas A. Pace and Karol Pace ("Plaintiffs"), the parents and heirs of the deceased, Angie Putnam, brought this action against Defendant Barry N. Swerdlow ("Defendant"). Plaintiffs originally hired Defendant, a licensed physician, to serve as

Plaintiff, the birth mother of G, released and surrendered him to an adoption agency called Plan Loving Adoptions Now, Inc., (PLAN), and consented to his adoption from that agency. G was subsequently adopted by E. T. and P. T. (the Ts). Thereafter, plaintiff filed a motion to set aside the adoption. The trial court denied that motion, and plaintiff appeals. We affirm.

The following facts are

Galen Richey was seriously injured when he fell from the roof of his sister's house while attempting to remove a large tree limb. He sued his sister's insurance provider, American Family Mutual Insurance Company, and Catherine M. Philipp, the insurance agent that procured the American Family homeowner's policy on behalf of Richey's sister. Richey sought damages for the bodily injuries he sustained

In this appeal we decide whether the district court erred in granting summary judgment to a professional liability insurer on a claim seeking a declaration of no coverage, and on counterclaims for breach of contract and bad faith under Arizona law. The insurer argued that it could permissibly refuse to provide for its insured's defense against a legal malpractice lawsuit because the insured

Plaintiff Bradford Hicks, a White man, was the 5:00 p.m. weeknight news anchor for defendant KNTV Television, Inc. (KNTV). When plaintiff's contract expired in 2003, KNTV chose not to negotiate a new contract with him. Several months later the station selected an African-American man to fill the position plaintiff had vacated. Plaintiff sued KNTV and National Broadcasting Company, Inc. (NBC),

In this action brought under California's Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200 et seq.), appellant Terry D. Buller appeals from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrer of respondents Sutter Health and Alta Bates Summit Medical Center on the ground that the complaint fails to state a cause of action. We affirm. <

Jagan M. Reddy ("Reddy"), the defendant below, appeals from an order of the Court of Chancery granting summary judgment in favor of the plaintiffs below, MBKS Company Limited, a British Virgin Islands corporation ("BVI"), and its subsidiaries, MKBS Inc. and MKBS II Inc., both Delaware corporations (the "MKBS companies").1 The legal issue presented on this appeal is whether the Court of Chance

The named plaintiff, Myra Kramer,1 commenced this action against Patricia Abagnale, a real estate agent, and Abagnale's employer, Country Living Associates, Inc., among others,2 seeking damages for, inter alia, Abagnale's allegedly negligent misrepresentation of the boundary lines of certain property in the town of Fairfield that the plaintiff had purchased from Abagnale's clients, Robert J

Advantage Medical Services, LLC (AMS), Glenn Weissman, Elliot Lander, and Scott Yun's (collectively plaintiffs) and Deborah Hoffman and Detech Medical Project Management, LLC's (collectively defendants) claims against each other were referred to binding arbitration through the American Arbitration Association (AAA) and a hearing was held. The arbitrator issued an interim award in favor of plai

Aside from two procedural issues, this appeal primarily concerns whether the 1976 Medical Device Amendment (MDA) to the federal Food, Drug, and Cosmetics Act preempts the statelaw productsliability and negligence claims of Appellant Gary Despain against Appellee Soundtec, Inc., the manufacturer of a medical device; in addition, the appeal considers whether Despain's claims are barred by

This is an appeal from an order certifying a class action. The cause of action by the representative plaintiffs, individually, and on behalf of the members of each subclass, seeks damages arising from the payment by them of interest that they allege is usurious to the trust or trusts and their trustees that own or owned their loans. The cause of action also seeks damages for fraud arising from

On November 17, 1997, Margret Mullins contracted with Alice Oates to buy three lots of real property located in Tok.1 The initial contract for sale provided that the purchase price for these properties was $170,000; the down payment was $5,000; the monthly payment was $600; interest on the principal would accrue at a rate of $6,000 per year or five percent, "whichever is less"; Mullins would m

Investors Vernon Schaaf, Julian Boik, and Alfred Streufert appeal the district court's1 dismissal of their claims against Residential Funding Corporation (RFC) and Heller Financial, Inc. The district court concluded that the investors failed to plead a sufficient causal nexus between their financial losses and the allegedly fraudulent actions of RFC and Heller. Alternatively, the district cour

Brian A. Audler ("Audler") appeals from the district court's dismissal of his class action lawsuit predicated on the Defendants' allegedly erroneous determinations that property owned by Audler and the other class members was located outside of a Special Flood Hazard Area ("SFHA") when, in fact, the property was located in a SFHA. We first find that Audler lacks standing to bring claims again