The question before us is whether the trial court abused its discretion in denying a motion to certify a class under Proposition 64. Plaintiff Augusto Ticconi sued his health insurance provider defendant Blue Shield of California Life and Health Insurance Company (Blue Shield Life)1 under the Unfair Competition Law (Bus. & Prof. Code, § 17200 (the UCL)). Plaintiff alleged that Blue Shield Life

Ty Inc., the manufacturer of "Beanie Babies," years ago brought this suit for trademark infringement under the Lanham Act against Softbelly's, Inc., and some other defendants that need not be discussed separately. Softbelly's manufactures a product that looks and feels very much like "Beanie Babies," which it calls "Screenie Beanies." They differ from Ty's product mainly in having chamois b

The plaintiffs, Mary Ryan and Thomas Ryan, appeal to this Court from the motion justice's1 entry of judgment, pursuant to Rule 54(b) of the Superior Court Rules of Civil Procedure, in favor of the following defendants: Most Reverend Louis E. Gelineau, Most Reverend Daniel P. Reilly, Most Reverend Kenneth A. Angell, the Roman Catholic Bishop of Providence (a corporation sole), and Saint Thomas

From the perspective of appellant Rodney White, these proceedings must seem Kafkaesque. Donald Bletz, Sr. and Bruce Van Guilder ("defendants") appear to have repeatedly ignored his deeded right of first refusal while plaintiffs were somehow able to extinguish it despite the fact that they raised no claim against White in their complaint, they were not parties to his deed, and they had constructiv

Southstar Equity, LLC, and Brookside Properties, Inc., the defendants in a premises liability case, appeal the final judgment in favor of the plaintiff, Lai Chau, who was a tenant at the Remington, a Tampa apartment complex owned by Southstar and operated by Brookside. The judgment was based on a jury award of compensatory damages against the defendants for $5,677,000, and punitive damages awa

The primary issue in this case is whether MEGA Life and Health Insurance Company ("MEGA") can rescind a life insurance policy issued by it on the ground that the insured overstated her income in the application for the policy. We conclude that there are genuine issues of material fact as to whether MEGA had a good faith underwriting policy which would have caused it to reject her application,

1 Plaintiffs E.C. Barnes (Barnes); Rampart Recreational and Leisure Industries, LLC; Utah Trails Resort & Tours, LLC; and Utah Trails Resort, Inc. appeal a grant of summary judgment in favor of Defendants Dale E. Clarkson (Clarkson); Golden Circle Tours, Inc.; and Clarkson Properties, Inc. Plaintiffs additionally appeal both the denial of their motion to withdraw admissions and a second summ

In this 42 U.S.C. § 1983 action, Floyd Wesley Owens, a reserve-force deputy sheriff and lawyer, appeals the district court's denial of qualified immunity in connection with the search of Keith and Kim Eidsons' real property. We conclude that while Owens obtained the Eidsons' consent to search their property in violation of the Fourth Amendment, the illegality was not clearly established. We a

Our question is whether a private company contracting with a district attorney for services related to a diversion program is entitled to state sovereign immunity. We decide that it is not.

I.

American Corrective Counseling Services ("ACCS"), a private corporation, contracted with the District Attorney for Santa Clara County, California, (the "DA") to run a bad check diversion pr

Philip Morris USA, Inc. (Philip Morris), a cigarette manufacturer, appeals a judgment in favor of Betty Bullock awarding her compensatory and punitive damages after a jury trial. Philip Morris challenges the findings of liability on several counts based on products liability and fraud, the admission of evidence, the refusal of proposed jury instructions relating to liability and punitive

The DFS Defendants and the Business Plan Robert E. Vener was the president, director and controlling shareholder of DynaCorp Financial Strategies, Inc. (DynaCorp), and the president, chief executive officer, chief financial officer and director of DFS Credit Corporation (DFSCC), a wholly owned subsidiary of DynaCorp. Beginning in 1994, these entities operated under a business plan designed to

In Hollywood, talent - the actors, directors, and writers, the Jimmy Stewarts, Frank Capras, and Billy Wilders who enrich our daily cultural lives - is represented by two groups of people: agents and managers. Agents procure roles; they put artists on the screen, on the stage, behind the camera; indeed, by law, only they may do so. Managers coordinate everything else; they counsel and advi

Plaintiffs, Edward and Annette Czarobski, purchased a home from defendants, Grzegorz and Anna Latta. After plaintiffs learned that the real estate taxes on the home were more than the credits they received at closing, they filed an action in the circuit court of Cook County against defendants seeking money damages based on a reproration.

The circuit court granted defendants' section 2–61

Paul Ullrich (Ullrich) appeals from the trial court's judgment entered after a non-jury trial on Ullrich's Fourth Amended Petition against CADCO, Inc., and Bankers National, Inc., doing business as Imperial Homes, Inc., and Cort Dietz (Dietz) (collectively referred to as CADCO), alleging that CADCO had committed breach of contract and fraud and had violated the Missouri Merchandising Practices Act

Five lessors of copier equipment (collectively "Newcal") appeal the dismissal of their complaint for failure to state viable Sherman Act antitrust, Lanham Act, and RICO claims against Defendant IKON.1 We reverse. 1General Electric Corporation ("GE") bought and enforced some flexed IKON contracts and is included as a Defendant for its role in the allegedly anti-competitive scheme.

Reisenfeld & Company appeals a grant of summary judgment in favor of defendants Builders Square, Inc. and its parent company, K Mart Corporation (together "BSI"), in a breach of contract case brought under Ohio law. Reisenfeld argues on appeal that the district court erred in holding that Reisenfeld could not sue BSI for payment of a broker's commission on either a quasi-contract or a

In this case, H. Henry Keller and his closely held corporation, H.K. Enterprises, Inc. (collectively, "plaintiff"), filed suit against certain Nigerian individuals and the Central Bank of Nigeria ("CBN"), alleging that plaintiff had been the victim of a financial scam. The issues before this court on appeal involve a civil claim brought under the Racketeer Influenced and Corrupt Organiza

Plaintiffs Normand and Brandy Inkel appeal the superior court's order granting defendant Pride Chevrolet[1] summary judgment and awarding the car dealership damages after rejecting the Inkels' consumer-fraud claims concerning their purchase of a truck from the dealership. In addition to challenging the grant of summary judgment to Pride Chevrolet, the Inkels contend that they are entitled to s

[1] In these separate but similar cases, the Stanley Medical Research Institute and Dr. E. Fuller Torrey, its executive director at the time these cases arose (collectively referred to as SMRI), appeal from decisions of the Superior Court (Waldo County and Cumberland County, Mills, J.) granting SMRI's motions for summary judgment in part and denying them in part. Matthew Cyr and Lorie St

Ernest Bustos appeals the trial court's granting of Schwabe, Williamson & Wyatt, P.C.'s motion for summary judgment. Summary judgment was granted not only as to Schwabe's claims against Bustos but also as to Bustos's counterclaim against Schwabe. In addition to the summary judgment, Bustos appeals the denial of his motion to recuse the trial judge who granted summary judgment as to Schwabe's

We consider the reach of the private right of action theCourt has found implied in §10(b) of the Securities Exchange Act of 1934, 48 Stat. 891, as amended, 15 U. S. C.§78j(b), and SEC Rule 10b–5, 17 CFR §240.10b–5 (2007). In this suit investors alleged losses after purchasing common stock. They sought to impose liability on entitieswho, acting both as customers and suppliers, agreed toarrangeme

Abbott Laboratories (Abbott) appeals on a multitude of grounds the judgment entered against it by the United States District Court for the Western District of Wisconsin for infringement of Innogenetics, N.V.'s (Innogenetics) U.S. Patent No. 5,846,704 (the '704 patent). We reverse and remand for a new trial the district court's judgment as a matter of law that claim 1 of the '704 patent was no

This matter is before this Court on Plaintiff Vicki V. Busby's ("Busby") appeal of the district court's denial of class certification to a class of plaintiffs seeking damages arising out of Defendant JRHBW Realty, Inc.'s, d/b/a RealtySouth ("RealtySouth"), alleged violation of Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §§ 2601, et seq. We accepted juri

Plaintiff Oak Harbor Freight Lines, Inc. ("Oak Harbor"), brought suit against Defendants Sears Roebuck & Co. ("Sears") and National Logistics Corporation ("NLC") to recover nearly half a million dollars for transportation of Sears' freight. NLC arranged the transportation, which Oak Harbor provided. Following cross-motions for summary judgment, the district court held NLC and Sears join

Terry and Loretta Brennan appeal a decision of the Garland County Circuit Court dismissing their complaint with prejudice. They assert that the circuit court erred in finding that they failed to serve appellee Layne Wadlow in compliance with Ark. R. Civ. P. 4 when they served his father at his father's place of business. More specifically, the Brennans allege that service was effective be