Shirley Bachini, age 44, sued Daniel Santanello, age 49, and A.G. Edwards on breach of fiduciary duty, fruad and negligent misrepresentation theories cliaming that Defendant invested money given to him in high-risk technology stocks against her wishes and losing $52,000 in about two years. The money, awarded in 2000 to Bachini's 4-year-old son for a medical injury, was needed for his care. Pla

Douglas Menne brought this declaratory judgment action against the Keowee Key Property Owners' Association, Inc. seeking a determination regarding the validity of a restrictive covenant that prevents him from building an individual boat dock on his lakefront property. The master in equity ruled the covenant was valid and enforceable. Menne appeals. We affirm.

On December 28, 2001, Crescent conveyed 47.82 acres of real property in Oconee County (the Property) to Bristol, LLC, for $2.5 million. The deed from Crescent to Bristol (the Deed), entitled "Special Warranty Deed," contains a granting clause referring to an attached property description, which, in turn, incorporates a plat (the Plat). CBS Surveying and Mapping, Inc., prepared the Plat fo

It appears the chief financial officer of a company embezzled $4.6 million by directing four fraudulent funds transfers from the company's account to an account he controlled. He has disappeared with the money. The ultimate question in this litigation is who must bear the loss: the bank that honored the fraudulent payment orders or the company that employed the embezzler. We granted revie

Plaintiff filed suit on October 25, 2005, against defendant Genetic Technologies, Inc. after he was adjudged in a paternity case to be the biological father of a minor child and liable for child support and certain other expenses. The district court liberally construed plaintiff's complaint to assert claims for fraud, misrepresentation, and either defamation or invasion of privacy. The court d

In this quiet title action, plaintiff, Calhan Chamber of Commerce, appeals the summary judgment in favor of defendants, Town of Calhan, Pikes Peak Cooperative Association, David Baysinger, and Pamela Baysinger (collectively the Town). We affirm.

The Chamber of Commerce filed a complaint seeking to quiet title and for declaratory judgment against the Town concerning the ownership of four n

Plaintiff-Appellant, Triple Tee Golf, Inc. ("TTG") sued Defendants-Appellees ("Defendants"), Nike, Inc. ("Nike") and Tom Stites & Associates, Inc. d/b/a Impact Golf Technologies ("IGT") for misappropriation of trade secrets, negligent misrepresentation, breach of confidentiality, breach of implied contract, and deceptive trade practices. During discovery, the district court limited TTG's

Plaintiff-Appellant Linda A. Timmerman was terminated from her position as branch manager at U.S. Bank after bank management discovered that she had refunded at least $1,099 worth of overdraft fees to two subordinates' bank accounts. In response, Ms. Timmerman brought sex and age discrimination claims against U.S. Bank pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII") and the

The Town of Wappinger ("Town") appeals from a judgment resolving the enforceability of an open space restriction imposed by the Town of Wappinger Planning Board ("Planning Board"). This case calls on us in principal part to resolve a question of New York property law: Is an open space restriction imposed by a subdivision plat under New York Town Law § 276 enforceable against a subsequent

[1] Christopher L. Halco appeals from the dismissal of his complaint against Daniel G. Davey, Anne Beebe-Center, and Knox County entered in the Superior Court (Knox County, Wheeler, J.). Halco argues that the court erred in concluding that he had failed to state a claim for breach of contract, false light invasion of privacy, defamation, intentional infliction of emotional distress, or pun

In this diversity action, Plaintiff-Appellant Legacy Crossing, LLC ("Legacy Crossing") appeals from the district court's grant of summary judgment in favor of Defendant-Appellee Travis Wolff & Company, LLP ("TWC"). The district court held that Legacy Crossing's state law claims against TWC for fraud, negligence/professional malpractice, and violation of the Oklahoma Consumer Protection Act were

A jury awarded plaintiffs Parlour Enterprises, Inc. (Parlour), Fun Foods 1 (Fun Foods 1), LP, and Fun Foods Block, LP (Fun Foods Block) approximately $6.6 million in damages based upon contract and tort causes of action. The award consisted of lost profits, lost franchise fees, and consequential expenses sustained by plaintiffs when defendants unilaterally terminated the franchise agreeme

Reed Hodges and Angelia Hodges a/k/a Angela Hodges (collectively, "the Hodgeses") appeal the trial court's order in favor of Timothy Swafford on the issue of liability and its award of damages in the amount of $21,150.00. We affirm in part, reverse in part, and remand.1

Issues

The Hodgeses present several issues, which we consolidate and restate as follows:

I. Whether the trial cour

[1] Gratech Company, Ltd., ("Gratech") appeals the district court's judgment confirming an arbitration award in favor of Wold Engineering, P.C., ("Wold") and against Gratech. Wold cross-appeals that part of the district court's judgment denying it attorney's fees. We hold that the district court's order confirming the arbitration award was proper because the arbitration award was neither comple

Plaintiffs-Appellants Robert Showler and Johnny Davidson filed this suit against Defendants-Appellees Harper's Magazine Foundation ("Harper's") and Peter Turnley, alleging they committed various torts when Mr. Turnley took photographs of Sergeant Kyle Brinlee's open casket at his funeral, and when Harper's published, promoted and sold the photographs. The district court granted summary judgment

Appellant Sami Latifi sued Appellees Deleware Wafayee and Abdul Vefali for breach of contract, breach of fiduciary duty, fraud, and negligent misrepresentation. After a bench trial, the trial court entered judgment that Latifi take nothing. The trial court signed findings of fact and conclusions of law, and Latifi perfected this appeal. In two points, Latifi contends that there was no eviden

Carmelo Natoli sued The Emerald Group and its shareholders on negligent misrepresentation and fraud theories claiming that he would not have invested $800,000 in The Emerald Group ventures if he had know that Defendants had not caused The Emerald Group to be formed as a limited liability company rather than a corporation. Shareholders in The Emerald Group were Robert Lenzen, William Frisella, T

In this declaratory judgment action, a jury found that Tommie Thomas ("the Sheriff") did not act in good faith when he arbitrarily denied Webworld Marketing Group, L.L.C.'s application for a Sexually Oriented Business ("SOB") permit. The trial court granted the Sheriff's motion for judgment notwithstanding the verdict ("JNOV") and denied all relief Webworld sought against the Sheriff. In its s

Defendant Alan Crespin, an attorney appearing pro se, appeals a jury verdict which found him liable to plaintiff DIRECTV, Inc. (DTV) for unlawfully receiving satellite transmissions and using them for his own benefit or for the benefit of another in violation of 47 U.S.C. § 605(a). We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.

I.

DTV is a direct broadcast satell

This case arises from a failed attempt by defendant-appellee HPSC, Inc. ("HPSC") to recover an embezzlement loss under an executive protection insurance policy issued by plaintiff-appellant Federal Insurance Co. ("Federal"). Federal brought this declaratory judgment action against HPSC seeking rescission of the policy based on a misrepresentation made by HPSC in its 2001 insurance renewal appli

Shioleno Industries, Inc. appeals a summary judgment granted in favor of Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC d/b/a Medical Center of Arlington (collectively, "the Hospital"). We affirm.

Background

This dispute arises out of the Hospital's alleged failure to inform Shioleno tha

Appellant, Douglas A. Murphy, appeals from a final judgment, rendered upon a jury verdict and upon trial-court determination, of $4,404,171 in actual damages and $10 million in exemplary damages rendered against him and in favor of appellee, American Rice, Inc. ("ARI").1 We determine (1) whether Murphy has not properly presented certain of his appellate challenges for having raised them only

Houston Community Hospital admitted and treated three federal employees covered by health benefits plans administered by Blue Cross and Blue Shield of Texas, Inc. under the Federal Employees Health Benefits Act. BCBST allegedly misrepresented the level of health care coverage of each patient and then refused to pay accordingly. In March 2004, Houston Community Hospital filed three separat

Eva Ayalla appeals from a summary judgment granted in favor of Southridge Presbyterian Church in Ayalla's breach of contract claim. On appeal, Ayalla contends that the trial court erred in granting summary judgment because a genuine issue of material fact existed and because she entered into an enforceable contract with Southridge Presbyterian. We disagree, holding that any factual dispute was

Damian Sinclair and Susan Wintermute, former directors of Sinclair National Bank ("SNB"), brought breach of contract claims and tort claims against their insurer, Kansas Bankers Surety Company ("KBS"), arguing that KBS wrongfully refused to indemnify and defend them under a Directors, Officers and Employees Indemnity and Bank Lender Liability Policy DL 1859 AR ("D&O Policy"). The district c