Todd V. Swanson appeals the district court's1 order dismissing his motion to vacate brought under Rule 60(b) of the Federal Rules of Civil Procedure. Swanson also appeals the district court's orders denying motions to conduct post-judgment discovery and to designate the real party in interest. We affirm.

I

Richard M. Jones sued Swanson under South Dakota's alienation of affecti

This diversity suit over insurance coverage arises out of a suit filed in a Texas state court by Microtherm, a manufacturer of water heaters, against United Plastics Group (UPG). The Texas suit complained about a component that UPG had sold Microtherm. Microtherm won that case, obtaining a judgment for $26.5 million. The Wausau insurance company, UPG's primary liability insurer, brought

Plaintiff Gary D. Mossoian appeals the district court's judgment in favor of Defendants DaimlerChrysler Corporation and ESIS, Inc. (collectively "DC"),1 holding that Mossoian is not entitled to long-term disability ("LTD") benefits as governed by the Employee Retirement Income Security Act ("ERISA"). Mossoian argues that the district court (1) misapplied the arbitrary or capricious standard

This case involves the appeal of the district court's dismissal of claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), the Privacy Act, 5 U.S.C. § 552a(g)(1)(C), and the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680, as well as claims of fraud and intentional infliction of emotional distress made by Robert Lockett, Plaintiff-Appellant, against the Unit

1 Appellants, Donald L. Brink, Jr. and Donna J. Brink, appeal from the order entered on October 20, 2006. The order in question granted the motion for judgment on the pleadings filed by Appellee, Erie Insurance Group ("Erie"), and denied Appellants' cross-motion for judgment on the pleadings. After careful review, we affirm.

2 The trial court described the facts and procedural his

Please be advised that the undersigned attorney for Plaintiff, Simon M. Azarnia, Esq., will call to be heard before the Honorable Patti

In this action by an insured, the trial court entered an order dismissing counts for fraud in the inducement and negligent misrepresentation, applying the economic loss rule, and entered summary judgment in favor of the insuror on counts for breach of contract and declaratory judgment. We affirm.

Jacques' employer provided $4,299 in disability insurance for which Jacques paid a partial

Bond purchasers brought suit alleging violations of federal securities laws in the May 1998 offering of bonds of Bradford College in Massachusetts. In January 2000, the college defaulted on its bond obligations. This suit was brought ten months later. The district court dismissed the amended complaint for failure to meet the pleading standards in the Private Securities Litigation Reform Act of

A plaintiff must have suffered an "injury in fact" and "lost money or property as a result of such unfair competition" to have standing to pursue either an individual or a representative claim under the California unfair competition law, Business and Professions Code section 17200 et seq. (UCL). We hold the phrase "as a result of" in the UCL imposes a causation requirement; that is, the a

Receivables Purchasing Company, Inc., sued Engineering and Professional Services, Inc., (EPS) for fraud and tortious interference with contract. The district court granted summary judgment in favor of EPS on both counts. We affirm the district court's judgment on the tortious interference claim but reverse and remand for further proceedings on the fraud claim.

I.

EPS was the g

PJL Properties, LLC (solely owned by Peter J. Long) appeals from an order denying a motion to reopen a small claims default judgment. Long contends that the circuit court erred when it denied his motion to reopen the judgment dismissing his claim and granting the counterclaim made by June M. Recla and her son Lawrence. Long presents several issues on appeal, challenging the circuit court's

This is a summary judgment case involving certain excess general liability insurance policies. The controlling issue we decide is whether there is coverage under the policies for damages allegedly caused by the insured's breach of a contractual duty. Underwriters at Lloyd's of London contends the trial court erred in granting summary judgment in favor of its insured, Gilbert Texas Construction,

Lanier Marine Liquidators, Inc. ("defendant") appeals from an order of the Carteret County Superior Court. We affirm the trial court's denial of defendant's motion to dismiss for lack of personal jurisdiction, and we dismiss, as interlocutory, the trial court's denial of the motion to dismiss for failure to state a claim upon which relief can be granted.

Defendant is a Georgia merch

It has been said there is "much consternation in the courts of this Commonwealth" related to where lies the outer limit of the number of issues an appellant may raise with concision pursuant to Pa.R.A.P. 1925(b).1 In this case, the trial court insisted, and the Superior Court agreed, that the sheer volume of issues raised effectively precluded the trial court from preparing an opinion.2 W

This matter arises out of a dispute over whether a policy for life insurance was in force upon the death of James West, Jr. The insurer, Appellee Lincoln Benefit Life Company ("Lincoln Benefit"), argues that Mr. West's policy had lapsed for nonpayment of premiums and had not been reinstated. Because the policy was not in force at the time of Mr. West's death, Lincoln Benefit submits, it

Plaintiffs Cindy and Steve Hailey challenge a judgment entered after the trial court (1) sustained demurrers to their cause of action for intentional infliction of emotional distress without leave to amend, (2) granted summary judgment in favor of defendants California Physicians' Service, doing business as Blue Shield of California (Blue Shield) on the Haileys' claims for breach of contr

When their investments in an internet services company's bridge notes became worthless, the plaintiffs in this suit for corporate securities fraud, common law fraud and related claims sued the broker-dealer who was the placement agent for the bridge note offering. The investors asserted numerous causes of action arising from the transaction, two of them based on failure to register or qua

Relying on the merger doctrine, real estate seller John Kirner obtained a summary judgment dismissing a negligent misrepresentation action arising from a purchase and sale agreement. The Court of Appeals reversed, holding that the merger doctrine did not apply to the negligent misrepresentation claim and that Kirner committed negligent misrepresentation. Although we agree with t

Plaintiff initiated this action against defendant, his former employer, alleging that he was wrongfully discharged for complaining about and refusing to participate in a new and used car sales event conducted on defendant's property. Plaintiff's claim was tried to a jury, and the jury returned a verdict in favor of plaintiff. Defendant appeals, arguing that the trial court should have granted

Mark Evers was employed by the University of Colorado at Denver (UCD) as the Managing Director for the Extended Studies Office (the ESO) of the College of Liberal Arts and Sciences beginning in 1999. UCD is one of several campuses of the University of Colorado (the University). See Colo. Rev. Stat. § 23-20-101(b). His supervisor was defendant W. James Smith, the Dean of the College. The Ch

In this appeal, we must determine whether the City and County of San Francisco (City)1 may be liable for contract damages following a valid exercise of its police power. In March 2003, the San Francisco Airport Commission (Commission) passed a resolution granting certain benefits to drivers of clean-air taxis providing transit service at San Francisco International Airport (SFO). Thereaft

The Securities and Exchange Commission (SEC or Commission) filed a civil enforcement action against Lawrence Shaw. The SEC asserts it served Shaw through a British pro-

cess server, who found and served Shaw with a copy of the SEC complaint at Shaw's foreign business address in England. Shaw failed to appear, and the district court entered final judgment against him. More than thre

An insurer and its insured, a homeowners association, settled disputed claims arising from the Northridge earthquake, with the insurer paying $1.5 million and the insured releasing the insurer from all claims or causes of action it had or may have arising out of its earthquake claim. Two years later, the association sued the insurer, and still later discovered the limits of its insurance

In 2002 and 2003, defendant, Rosemont Exposition Services, Inc. (RES), maintained liability insurance policies with plaintiff, West Bend Mutual Insurance Company (West Bend). In August of 2003, after two former employees brought suit against RES for defamation and retaliatory discharge, RES tendered a claim for coverage to West Bend pursuant to its policies. West Bend agreed to defend RES

PMI Food Equipment Group, Inc. closed its plant in Dayton, Ohio in 1995 and moved the operation to Piqua, Ohio after signing a tax-abatement agreement with the City of Piqua, Miami County, and the state of Ohio that resulted in favorable tax treatment for 10 years. In the process of closing its Dayton plant, PMI terminated all of the 66 hourly employees who worked there. The hourly workers