Plaintiff James Venhaus appeals from a judgment in favor of defendant Karen Shultz on Venhaus's claim for negligent interference with prospective economic relations. Venhaus claims that Shultz failed to provide a timely and accurate statement of the unpaid balance due on a promissory note secured by a deed of trust on real property that Venhaus was attempting to sell, interfering with two p

Wayne and Laurie Schooley (Schooleys) hired Orkin Exterminating Co., Inc., (Orkin) to protect their home against termites. After the home sustained extensive termite damage, the Schooleys sued Orkin claiming fraudulent and negligent misrepresentation. The Schooleys sought compensatory damages for repair costs, loss of use, and reduction in value, and punitive damages. A jury found in favor

This appeal results from a jury verdict rendered in favor of plaintiffs–appellees Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company (collectively, "Allstate"),1 Boston Old Colony Insurance Company, and The Glens Falls Insurance Company (collectively, "Encompass"2). The jury awarded Allstate $2,750,000.00 and Encompass $95,000.00 in dama

Plaintiff-Appellant Thomas Wright appeals the district court's refusal to grant him leave to amend his complaint to include extra-contractual claims against Allstate Insurance Company ("Allstate"), the Write Your Own ("WYO") insurance company that issued his federal flood insurance policy. We affirm.

I. FACTS & PROCEEDINGS

As the facts of this case are fully set forth in Wright v

Walter House sued American United Life Insurance Company ("AUL") for longterm disability benefits. The district court granted summary judgment by which total disability benefits and a Louisiana state law penalty were awarded to House. We hold that House's claim comes under an ERISA plan that preempts the state law penalty and that he was only partially disabled.

I. Background

Wa

The Hobbs family (collectively, "the Hobbses") and Alcoa, Inc. ("Alcoa") entered into a settlement agreement in connection with a prior permit application proceeding. Two provisions of the settlement agreement are relevant on appeal. First, Alcoa agreed to grant the Hobbses a permanent easement across its land to a county road, and further agreed to bulldoze and blade the easement, build a

Delores Graham appeals the trial court's order granting final summary judgment in favor of her insurer, Lloyd's of London. Lloyd's denied coverage for damages to Ms. Graham's Naples home sustained during Hurricane Charley on August 13, 2004, based on its assertion that Ms. Graham had made a material misrepresentation in her application for insurance coverage. Because there are unresolved ge

International Computer Negotiations, Inc. ("ICN") appeals from a district court order denying sanctions under Title 28 U.S.C. § 1927, against attorney Basyle J. Tchividjian, his law firm Landis Graham French, P.A., attorney Craig L. Berman, and his law firm Berman Law Firm, P.A., for their conduct in representing a plaintiff in a wrongful discharge suit against ICN. After thorough review,

This case involves a dispute that arose when Michael P. Kerasotes was forced to sell his shares in a closely held family corporation, the George P. Kerasotes Corporation ("the Corporation"), back to the Corporation. Kerasotes, now replaced on appeal by his Chapter Seven bankruptcy trustee, Michael P. Klein, is trying to raise a number of claims in connection with that transaction, incl

This appeal arises from an insurance coverage dispute under a Commercial General Liability (CGL) policy. After he was sued by several lot owners in a subdivision he had developed, appellant Thomas S. Trotter, who had acted through the Robert Trotter Gift Fund for Thomas U/A/D 5-3-81 (collectively, "Trotter"), requested a defense and indemnity under his CGL policy with Trinity Universal Insuranc

This case arises from a dispute over the assets of Bonnie Sustare Newell (Newell) and her sister Augusta Lee Sustare (Sustare). LaMarr Garland Forbis, Newell and Sustare's niece, brought a fraud action on behalf of her aunts' estates against Beverly Lee Neal (defendant), her first cousin and the nephew of Newell and Sustare. The trial court granted summary judgment for defendant, and the Cou

1 Integrated Project Services ("General Contractor") appeals from the June 13, 2005 order that granted the motion for judgment on the pleadings filed by HMS Interiors, Inc. ("Subcontractor"), on the basis that Subcontractor was not contractually obligated to indemnify General Contractor for liability incurred after Subcontractor's employee, Joseph Lloyd, sustained injuries on the constr

This case arises from a stillborn business relationship between appellant LynkUs Communications, Inc., and appellees WebMD Corporation, Medical Manager Health Systems, Inc., and John Kang, who was an officer of Medical Manager. LynkUs sued the appellees. The gravamen of LynkUs's complaint was that the appellees had failed to carry out an oral agreement under which LynkUs would provide a "

The plaintiffs appeal from the entry of summary judgment for the defendants, Philip Morris USA Inc. and its parent company (collectively, "Philip Morris"), on state-law claims based on the marketing of "Light" cigarettes. Footnote The district court ruled that these claims were preempted by the Federal Cigarette Labeling and Advertising Act (the "FCLAA"), which provides that "[n]o requiremen

This product liability case arises from the death of threeyear- old Walter White, the son of plaintiffs Ginny and Jimmie White, who was killed when Mr. White's parked Ford F-350 pickup truck rolled over him in the family's driveway. The case is before us for the second time following a remand for a new trial on punitive damages. See White v. Ford Motor Co., 312 F.3d 998 (9th Cir. 2002) ("

Plaintiffs Faargsob, L.L.C. (Faargsob) and Auto Sports Unlimited, Inc. (Auto Sports)1 entered into a contract with defendant Holland Transmission Services, Inc. (Holland Transmission)2 for the purchase of an automotive transmission service business. Under the terms of the contract, plaintiff Suzanne Bosgraaf, as trustee of the Suzanne Lee Bosgraaf Trust, agreed to purchase real property fro

Don and Teresa Kerst obtained a judgment against Mother Earth Commercial Services, Inc., doing business as Mother Earth Pools and Spas (hereafter Mother Earth), on a jury verdict of $18,344.01, including economic damages, prejudgment interest, Deceptive Trade Practices Act (DTPA) damages, and attorney's fees, plus post-judgment interest. See Tex. Bus. & Com. Code Ann. §§ 17.46, 17.50 (Vernon S

The Pennsylvania Employees Benefit Trust Fund, Joseph Macken, and Linda Watters ("plaintiffs") sued Zeneca, Inc. and AstraZeneca Pharmaceuticals, L.P. (collectively referred to as "Zeneca") in the United States District Court for the District of Delaware, asserting that Zeneca engaged in deceptive conduct in the advertising of its new drug Nexium. Claim One alleged unlawful advertising und

Appellants, Country Village Homes, Inc., B&A Realty, Inc., M.B. Schauer Homes, Inc., Schauer Family Trust, and Monte B. Schauer (collectively Country Village), appeal a judgment, entered in accordance with the jury's verdict, that awarded $550,000 in damages to appellees, Robert E. and Sherry Patterson, in a dispute over the construction of the Pattersons' house. The jury determined that the P

{1} In DeVaney v. Thriftway Marketing Corporation, 1998-NMSC-001, 124 N.M. 512, 953 P.2d 277, we merged the torts of abuse of process and malicious prosecution to create the new tort of malicious abuse of process and allowed defendants to assert malicious abuse of process claims as counterclaims in the underlying proceedings. In the matter before us, Defendant Alisa LeDoux ("LeDoux") broug

Tulsa, Oklahoma personal injury lawyer represented Plaintiff.

McAlester, an oil and gas company, contacted Smith to determine whether Smith could provide "sidetrack" drilling services on an offshore oil and gas well. In response, Smith e-mailed price quotes for three different drilling methods to McAlester. These price quotes were contained in documents attached to the e-mail. On ea

National Union Fire Insurance Company of Pittsburgh, Pennsylvania rescinded an executive liability insurance policy it issued to ClearOne Communications, Inc. based on misrepresentations in financial statements accompanying ClearOne's application for the insurance. ClearOne filed suit challenging National Union's action. The district court granted summary judgment in favor of National Union, co

Plaintiffs-appellants U.S. Mortgage, et al., appeal the dismissal of their lawsuit against defendants-appellees Saxton, Inc. (Saxton), Deloitte and Touche LLP, et.al., alleging, among other things, violations of Arizona law by incorporation of false financial information into Saxton's regulatory filings on which plaintiffs relied in making several loans and granting several loan-related

Appellant, Casey Hunsucker, appeals an order dismissing her suit against appellees, Abdel K. Fustok, M.D. and his professional association, Abdel K. Fustok, M.D., P.A. (hereinafter referred to as "Dr. Fustok"). In three issues, Hunsucker argues: (1) that the trial court erred in dismissing her suit with prejudice pursuant to section 13.01(e) of former article 4590i (1) for failing to file an ex

Appellee, Wani Venture, A.S., successor in interest to Norgips USA, Inc. (collectively "Norgips") filed a suit on a sworn account against several defendants, alleging of fraud and seeking to pierce the corporate veil. As of the time of trial, all of the original defendants had filed bankruptcy, had been severed out of the case, or had been non-suited, with the exception of appellant, Marcie Mc