Petitioner Mary M. Bull sold a house to the respondents, Arturo and Norma Alejandre. The Alejandres subsequently learned the septic system was defective and sued Ms. Bull for fraudulently or negligently misrepresenting its condition. The trial court dismissed the Alejandres' claims after they rested their case, determining as a matter of law that the Alejandres had failed to prove their

Leonard Verni was a student of chiropractic medicine at Cleveland Chiropractic College. Verni enrolled in a dermatology class at Cleveland that was taught by Dr. Aleksandr Makarov. Prior to the first examination in that class, a student anonymously contacted Cleveland's academic dean and alleged that Verni was selling copies of the forthcoming examination. The dean completed an incident report

Appellant, Mark III Systems, Inc. ("Mark III"), appeals the trial court's rendition of summary judgment in favor of appellee, Sysco Corporation ("Sysco"). In 14 issues, Mark III challenges several of the possible grounds for the trial court's rendition of summary judgment against it and argues that issues of fact were raised as to each of its claims against Sysco. In three additional issues,

This is the case of the floundering foundations. In October 2001, the Haires purchased a home at 6202 Snow Ridge Court in the Hunter Pointe subdivision of Arlington. The Haires bought the residence in "as is" condition from Prudential Relocation. Sovereign Homes Corporation ("Sovereign") built the residence in question. NWC was the developer of the subdivision and according to NWC, it had n

Joe Morrone and his wife, Victoria, for themselves and as next friends of Emma Morrone, their daughter, sued Prestonwood Christian Academy and Emma=s kindergarten teacher, Robyn Gale Pryor. They sought damages allegedly resulting from Pryor=s verbal and emotional abuse directed at Emma and at other students in Emma=s presence. Prestonwood and Pryor filed a counterclaim for ADefamation-Slander

1 Lennar Corporation, Lennar Homes of Arizona, Inc., and Lennar Communities Development, Inc. (collectively "Lennar") bring this consolidated appeal from the trial court's summary judgment to various insurers in a declaratory judgment action. In the judgments, the trial court determined that the insurers had no obligation to defend Lennar in a suit brought against it by homeowners in its Pinnac

Edward S. Lipton entered into an equity line of credit contract with First Union National Bank under which he could borrow up to $3,000,000. Less than a month after the closing, the Bank discovered that Lipton and his businesses had been involved in litigation with the Federal Trade Commission (FTC) and, just prior to the closing, a Stipulated Judgment and Order for Permanent Injunction and Oth

Diane L. Creekmore appeals the trial court decision that her claim for unpaid vacation and severance pay was preempted by the Federal Labor Management Relations Act, 1947 (LMRA), 29 U.S.C. § 141 et seq., based on the collective bargaining agreement between Southwestern Bell Telephone, L.P., (SBT) and the Communication Workers of America (CWA). We affirm.

The procedural facts in this case

This case involves claims of breach of contract, fraud, negligence, and contribution among three former business partners. Robert McGannon appeals portions of the jury verdict. Bradley Ives and David Murrill cross-appeal other portions of that jury verdict. We affirm.

In March 1987, Ives and Murrill purchased Regional Holding Company, Inc. (Regional). In June 1994, McGannon approached I

[1] Christine Witherspoon (Witherspoon) filed an action alleging that Dr. Maura
Lofaro and Teton Laser Center, LLC (collectively the Defendants) had negligently
administered an intense pulsed light (IPL) hair removal treatment causing her to suffer
burning and scarring. The parties entered into a stipulation allowing Witherspoon‟s
designated expert witness to testify by t

1 Lennar Corporation, Lennar Homes of Arizona, Inc., and Lennar Communities Development, Inc. (collectively "Lennar") bring this consolidated appeal from the trial court's summary judgment to various insurers in a declaratory judgment action. In the judgments, the trial court determined that the insurers had no obligation to defend Lennar in a suit brought against it by homeowners in its Pinn

This appeal arises from an order of the Benton County Circuit Court reducing a foreign judgment filed in Benton County against appellee and garnishee, Wal-Mart, after a default judgment was entered in favor of appellant, Nationwide Insurance Enterprise, in the State of Washington. We affirm.

On January 7, 2005, Wal-Mart was served by Nationwide with a writ of garnishment with respect

These are consolidated appeals and cross-appeals from separate judgments of the Hardin Circuit Court confirming jury verdicts in two related trials. In all of these cases, the homeowners entered into contracts for the construction and purchase of purported four bedroom homes. However, the septic systems for these houses only met the building code standards for three bedroom homes. For the

The issue in this case is whether plaintiff is entitled to restitution of the amount paid for property bought from the City of Seaside. The property was conveyed to plaintiff's predecessor in interest through a bargain and sale deed, and, thus, through a deed containing no warranties of title. About 16 years later, plaintiff discovered that the city's attempted sale of the property had triggere

In this diversity suit governed by Illinois law, a bank complains that it lost money as a result of errors in an audit of one of its borrowers, Brandon Apparel Group, Inc., by the defendant, GKCO. The bank contends both that it is a third-party beneficiary of the letter contract by which Brandon retained GKCO to conduct the audit and that GKCO committed the tort of negligent misrepresent

Autotech Technology Limited Partnership ("Autotech") and Automationdirect.com ("ADC") entered into a contract to develop and market touch screens. When ADC developed a competing touch screen, Autotech sought a preliminary injunction to restrain ADC from selling the new product, claiming breach of fiduciary duties. At the preliminary injunction hearing, the district court barred Autotech'

We consider whether or not a criminal conviction for failure to file a federal income tax return under 26 U.S.C. § 7203 constitutes a conviction involving dishonesty or a false statement for impeachment purposes under section 90.610 of the Florida Statutes. This is an issue of first impression for Florida courts.

Following a car accident involving the Plaintiff, Vantoria Futch ("Futch")

The question before us is whether a provision to submit to arbitration in a written franchise agreement is valid and enforceable, therefore requiring the district court to stay proceedings and refer the disputed franchise agreement to arbitration under the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16 (2000). In a now-withdrawn opinion, a three-judge panel of our court held that the

Plaintiffs Notwen Corporation, WCN/GAN Partners Ltd., and William C. Newton (collectively, "Notwen plaintiffs" or just "plaintiffs,")(1) were insured under a businessowners liability policy issued in Wyoming by defendant American Economy Insurance Company (AEIC). The policy covered, among other things, unintended and unexpected property damage caused by plaintiffs through accidental occurrences

Does a bank act illegally if when balancing customer accounts, it applies credits for Social Security benefits and other public benefit payments directly deposited to its customers' checking accounts to cover debits for overdrafts and overdraft fees? In Kruger v. Wells Fargo Bank (1974) 11 Cal.3d 352 (Kruger), the California Supreme Court prohibited a bank from utilizing the banker's setoff

A jury awarded plaintiff Oakland Raiders, a California limited partnership (the Raiders) $34.2 million in damages against defendant Oakland-Alameda County Coliseum, Inc., a California nonprofit corporation (OACC) on the Raiders' claim for negligent misrepresentation regarding the status of season ticket sales, representations that were allegedly made to induce the team to leave Los Angele

The underlying litigation involves numerous parties, claims, and counter-claims. Common to many of the claims discussed in this appeal is the assertion that one of the parties, Gustavo Garcia, was dishonest about how he funded his share of a partnership's purchase of a commercial building, and that he and others concealed the deception. We affirm in part and reverse and render in part.

B

Indianapolis Life Insurance Co. brought a diversity action against Rosalind Herman, in her capacity as trustee of Financial Resources Network, Inc. Profit Sharing Plan and Trust, Financial Resources Network, Inc. Profit Sharing Plan and Trust, Gregg D. Caplitz (collectively the FRN defendants), and Rudy and Hope Meiselman seeking a declaratory judgment that it properly rescinded a "second to

In Dragon v. Vanguard Industries, Inc., 277 Kan. 776, 89 P.3d 908 (2004) (Dragon I), this court reversed a class certification order for plaintiffs seeking damages by reason of allegedly defective pipe manufactured by the defendants Vanguard Industries, Inc., et al. We remanded with directions for further findings concerning the prerequisites of class certification. The case is now before us

The Brazos River Authority ("BRA") appeals a judgment after a jury trial in its suit for breach of contract, breach of implied warranties, and fraud against GE Ionics, Inc. ("Ionics"), and Cajun Constructors, Inc. ("Cajun"), arguing that the district court improperly excluded evidence. Finding reversible error, we vacate and remand.

I.

BRA is responsible for developing and m