Home Furnishing Center, L.L.C. ("HFC") appeals the trial court's entry of judgment in favor of Don Kopp and the Kopp Family Trust following a jury trial. The jury returned a verdict in favor of Don Kopp on his breach of contract claim against HFC. The court denied HFC's counterclaim against the Family Trust for attorneys' fees. The judgment is affirmed.

Statement of Facts

This appeal ar

Curt Welwood sued Cypress Creek Estates, Inc. d/b/a Legacy Lakes Joint Venture (Legacy Lakes) and Blackard Developments, Inc. (BDI) for negligence, breach of an implied warranty of good and workmanlike development services, and DTPA violations arising from damage to Welwood's personal property at his residence allegedly caused when the slope behind the house failed. In six issues, Welwood conte

John Church sued his former employer for breach of contract, misrepresentation, and various Labor Code violations. We will call that lawsuit, which is not on appeal here, the "employment case." The superior court in that case sustained a demurrer to the Labor Code claims on the ground they were barred by the applicable statute of limitations.

Subsequently, Church brought a second acti

[1] In this mortgage foreclosure action, the district court declined to apply the doctrine of equitable subrogation and instead strictly applied Wyoming's "first in time is first in right" recording statute. The result was an order granting summary judgment in favor of First National Bank of Steamboat Springs, N.A. (First National Bank), holding its mortgage had priority over all other re

Plaintiffs, Sonia DeLuna, Susanna DeLuna, Griselda DeLuna, and Oscar DeLuna, filed a legal malpractice action in the circuit court of Cook County against defendants, Eloy Burciaga, Barbara Clinite, and Michael Rathsack. Defendants moved to dismiss plaintiffs' fourth amended complaint, arguing that plaintiffs' suit was foreclosed by the applicable statute of repose. The circuit court granted def

This appeal from the dismissal of a complaint for failure to state a claim presents a question of conflict of laws that is very similar to the one we resolved in Spinozzi v. ITT Sheraton Corp., 174 F.3d 842 (7th Cir. 1999). In response to a Sheraton advertisement in Illinois, Spinozzi had made a reservation at a resort hotel that Sheraton owned in Acapulco. One night after he arrived, the

Plaintiff Marta Priebe, a commercial kennel worker, brought this action against defendant Russell Nelson for personal injuries suffered when she was bitten and seriously injured by Nelson's dog while it was boarded at the kennel that employed her. Priebe appealed from the trial court's order denying her motion for judgment notwithstanding the defense verdict, arguing a directed verdict sho

This case arises out of a hotel reservation made through the Hyatt International Corporation website "Hyatt.com," by Britt Shaw, an American citizen, from his residence in London, England, for a hotel stay in Moscow, Russia. Shaw used that Hyatt website to reserve a room at the Ararat Park Hyatt Moscow. Although the hotel in Moscow for which the reservation was made carries the Hyatt nam

Eric C. Jackson is the principal shareholder of Great Basin Companies, Inc., the parent company of various Volvo truck dealerships that operated in the West and Midwest, including Utah and Nebraska. This appeal arises out of the district court's dismissal of claims filed by Jackson and Great Basin Companies against Volvo Trucks North America, Inc. For the reasons stated below, we conclude that

1 The complainant, Oklahoma Bar Association (Bar Association), filed a complaint on July 12, 2005, and an amended complaint on September 26, 2005, against respondent, Barry Knight Beasley (Beasley), alleging multiple violations of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2001, ch. 1, app. 3-A, and the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2001, ch. 1, app. 1-A.

Statutory law permits a condominium homeowners association to bring a construction defect action with respect to damages to the condominium complex. (Civ. Code, § 1368.3; see also former Code Civ. Proc., § 383, repealed by stats. 2004, ch. 754, § 7, p. 4473.) When an action is filed, can an insurer under an occurrence-based commercial general liability policy avoid providing a defense to

This appeal concerns a claim brought by three institutional investors in Daw Technologies, Inc. (Daw)--Deephaven Private Placement Trading, Ltd., West End Maccabee Fund, L.P., and WETI Global Fund, Ltd (collectively, Investors)--against Daw's former independent auditors, Grant Thornton LLP (Grant Thornton), under Section 18(a) of the Securities Exchange Act of 1934 (Exchange Act), 15 U.S.C. § 7

1 The principal issues before this Court are: (1) whether the exercise of in personam jurisdiction over the non-resident defendants violates due process, (2) whether the trial court erred in submitting to the jury and instructing the jury on the issue of alter-ego liability, (3) whether title 23, section 9.1 of the Oklahoma Statutes is unconstitutional, and (4) if not, whether the punitive dama

Section 201 of the Labor Code1 provides that if an employer "discharges" an employee, wages earned and unpaid at the time of discharge are due and payable immediately. Under section 203, an employer's willful failure to pay wages to a "discharged" employee in accordance with section 201 subjects the employer to penalties.

The question presented is whether the discharge element of thes

Plaintiff Michael Brassfield appeals from a judgment in favor of defendant Moreland School District (Moreland). He claims that reversal is required because an alternate juror (the alternate) was present in the jury room for 15 minutes at the beginning of the jury's deliberations before her presence was discovered and she was removed. We conclude that the error was not reversible per se and

The trial court granted summary judgment against appellant Robert Ortiz on all of his claims against appellees Andrew Collins, Tim Welsh, and Jerel S. Twyman. In four issues, Ortiz claims the trial court erred in dismissing his claims. In one cross issue, Collins and Welsh challenge this court=s appellate jurisdiction.[1] We affirm in part and reverse and remand in part.

This case arises from the Third District Court of Appeal's reversal of a final
judgment entered in a smokers' class action lawsuit that sought damages against
cigarette companies and industry organizations for alleged smoking-related
injuries. See Liggett Group, Inc. v. Engle, 853 So. 2d 434 (Fla. 3d DCA 2003)
(hereinafter "Engle II"). The final judgment awarded $12.7 million in

Teresa Hardy appeals the trial court's denial of her motion to reform an associate judge's decision in the underlying matter and motion for sanctions. In four issues, Hardy argues Leroy Mitchell's claim of loss of consortium was frivolous and groundless and must be characterized as a claim of interference with a possessory interest under the family code; Mitchell's claim of fraud was not co

Denna Shaw appeals the summary judgment granted in favor of Scott Palmer and Scott Palmer, P.C. In a single issue, appellant contends the trial court erred by granting summary judgment on her oral contract claim because (1) there are material issues of fact precluding summary judgment; (2) appellees failed to conclusively establish the contract violated the statute of frauds; and (3) she pres

A company seeking contracts for information technology services to a city retained a small private law firm. Two attorneys in the firm provided various services to the company, advising it about doing business with the city. Fifteen months later, one of those attorneys successfully won election as the city attorney. Before taking office, the new city attorney announced he would personally n

The ministerial exception to Title VII, a doctrine adopted by numerous courts, exempts religious organizations from employment discrimination suits brought by ministers. Grounded in the Establishment and Free Exercise Clauses of the United States Constitution, the ministerial exception was created to protect church autonomy and avoid entangling government in religious affairs. This case re

The principal issue presented in this case is whether an intentional tortfeasor is entitled to a reduction or apportionment of noneconomic damages under Proposition 51 (otherwise known as the Fair Responsibility Act of 1986 and codified in Civil Code sections 1431 to 1431.5). We answer this question in the negative.

William Thomas and Woodrow C. Taylor (the plaintiffs) sued Duggins Con

Petitioner, Djiby Diallo (a.k.a. Abdoul Diallo), is a native and citizen of Mauritania, a country in northwest Africa. Diallo is a black Fulani, which is a subset of the largest non-Moor ethnic group in Mauritania, the Halpulaar. The government of Mauritania is dominated by white Moors of Arab/Berber descent. Between 1989 and 1990, ethnic conflict in the country culminated in the government's e

The trial court granted summary judgment in favor of Respondents Edward A. Smith, P.C., et al., because the claims brought against them by Appellant Ferrellgas, Inc. were barred by the applicable statute of limitations. Ferrellgas appeals. The judgment is affirmed.

Factual and Procedural Background

This appeal arises from a lawsuit filed by Ferrellgas, Inc. against Edward A. Smith,

This appeal by Michelle Hollida ("Wife") charges that the trial court erred when it dismissed a third-party petition she had filed against U.S. Bank Home Mortgage ("Bank") and the law firm of South & Associates, P.C. ("the Firm").(FN1) This court agrees; accordingly, the judgment of the trial court is reversed and the cause is remanded.(FN2)

FACTS

Originally, Wife was involved in dissol