This case requires us to determine whether a majority vote for a representative union was actionably clouded by a sustained or inflammatory appeal to religious bias. We may set aside the certification of the election only if the National Labor Relations Board ("the Board") incorrectly applied the law or its findings are not supported by substantial evidence. 29 U.S.C. § 160(e); NLRB v. Velocity

Plaintiff Roger Grubbs appeals from the entry of summary judgment for defendants Haskell County, sheriff Manuel Ballard, and undersheriff Ken Bailes in this action under 42 U.S.C. § 1983. Plaintiff alleged that defendants violated his constitutional rights in two respects: (1) denying him equal protection under the law by failing to enforce trespass laws to protect his property, and (2) causing

Philip Morris USA, Inc. (Philip Morris), a cigarette manufacturer, appeals a judgment in favor of Betty Bullock awarding her compensatory and punitive damages after a jury trial. Philip Morris challenges the sufficiency of the evidence to support the verdict on several counts based on products liability and fraud, the jury instructions, the admission of evidence, and the punitive damages aw

This action was brought by Kimberly J. Goodin complaining that the United States Postal Inspection Service (Postal Service) failed to grant her a reward it had offered for information leading to the arrest and conviction of an armed robber who had assaulted a postal worker. The district court1 concluded that her claim should be brought in the Court of Federal Claims and dismissed the case f

We hold that a subcontractor's employee on a public works project cannot sue the prime or general contractor on theories of statutory or contractual liability for the nonpayment of prevailing wages by the subcontractor, the employee's direct employer. Although both sides on this issue have advanced compelling public policy arguments in favor of their respective positions, we deem those more

Suit on agreement concerning remodeling/construction of home. Counterclaim for fraud, Fraudulent lien, DTPA, breach of agreement, negligent misrepresentation, and promissory estoppel

Maffco sued to recover $93,430 allegedly owed under the parties agreement and $87,316 in attorneys' fees and costs.

The Hymans filed a counterclaim seeking actual, statutory and punitive damages, att

Defendant, Dr. Richard Parfitt, counterclaimed against Plaintiff, Park West Limited Partnership, for intentional misrepresentation regarding renewal of his commercial property lease. On numerous occasions during the leasing term, Dr. Parfitt indicated to lessor, Park West Limited Partnership, a desire for a lease extension. Agents of the lessor gave verbal reassurances to Dr. Richard Parfitt

On April 7, 2006, an Ohio jury returned a verdict of over $750,000 in favor of a young couple whose stillborn son's cremated remains were mixed with those of an adult. The couple, Eddie Squire and Tonya Leach, sued the E.F. Boyd & Son Funeral Home when they discovered that the remains of their three–month premature, stillborn son weighed over one–half of a pound. Knowing that their son weighed

The principal issue in this case is the liability of a clearing broker for the sale of unregistered securities under the Kansas Securities Act. It is an issue of first impression.

Roger Klein had a brokerage account with L.T. Lawrence. L.T. Lawrence, functioning as an originating or introducing broker, sold unregistered securities through Oppenheimer & Co., Inc. (Oppenheimer), a clearing

Russell and Jennifer Gadberry ("Buyers") appeal from the trial court's judgment in favor of Calvin and LaCrissa Bird d/b/a Bird and Associates ("Broker").(FN1) Buyers contend they established, as a matter of law, that Broker unlawfully converted $25,000 of their funds through misappropriation and by refusing to return their funds upon demand. We reverse and remand.

Facts and Procedural

This case is a reminder of how procedural rules can affect the issues a court can consider on appeal. Plaintiff-Appellant Peggy Allender sought to appeal the district court's October 15, 2004 final order entering summary judgment in favor of Raytheon Aircraft Company ("Raytheon"). She waited to file her notice of appeal until after the district court denied her motion to alter or amend the judg

Defendant-Appellant/Cross-Appellee Trivental, Inc.(*) ("Trivental") appeals from a judgment as a matter of law ("JMOL") in favor of Plaintiff-Appellee/Cross-Appellant Murphy Oil U.S.A., Inc. ("Murphy") on (1) Murphy's breach of contract claim; (2) two of Trivental's breach of contract counterclaims; and (3) Murphy's breach of fiduciary duty claim. Lawrence Wood, an officer of Trivental, also ap

1 Plaintiff, Kyle Poff, appeals the trial court's grant of summary judgment in favor of defendant, Oklahoma Farmers Union Mutual Insurance Company (Insurer). For the following reasons, we affirm.

UNDISPUTED FACTS

2 Plaintiff was a longtime policyholder of Insurer. In April 2002, Insurer sent Plaintiff a standard renewal notice, informing him that his automobile insurance policy was

This case stems from Defendants' unauthorized resale over the internet of indoor tanning lotions manufactured and distributed by Plaintiffs. Plaintiffs sued Defendants for trademark infringement, false advertising, and tortious interference with the contracts between Plaintiffs and their distributors. Defendants filed this appeal after a jury awarded Plaintiffs over $5 million in compensatory a

On July 18, 1996, an automobile insured by State Farm Mutual Automobile Insurance Company ("State Farm") struck Ricky Eugene Clark, a pedestrian. Mr. Clark filed a class-action suit against State Farm to collect extended personal injury protection ("PIP") benefits under the Colorado Auto Accident Reparations Act ("CAARA"). See Colo. Rev. Stat. §§ 10-4-701 to 10-4-726 (2002).(1) He alleged that

In this medical malpractice wrongful death case, defendants appeal as of right a judgment in favor of plaintiff. We reverse the trial court's denial of defendants' motion for summary disposition on plaintiff's claim for lack of informed consent, vacate the trial court's judgment, and remand for a new trial.

In May 1998, the decedent, Michael Wrobel, was diagnosed with kidney failure. A

Insurers for a bankrupt Plano, TX-based Internet company have agreed to a settlement that will recoup more than $8 million for a group of former company shareholders and the bankruptcy trustee. The settlement was approved by the bankruptcy court this afternoon.

Geoffrey Harper, a partner in Dallas' Fish & Richardson, led a group of attorneys representing 100 former shareholders of Cool Pa

1 The question presented on certiorari is whether COCA erred when it affirmed the trial judge's order dismissing the cause for improper venue. We answer in the affirmative.

I. ANATOMY OF THE LITIGATION

2 Randle and Janell Duncan (plaintiffs or Duncans), residents of Canadian County, are former clients of Julie Bates (Bates), of the law firm of Postic and Bates (defendants, firm or

Cust-O-Fab Service Company appeals an order of summary judgment granted in favor of Admiral Insurance Company. In this insurance coverage dispute, the district court held the insurance policy between Admiral and Cust-O-Fab did not require Admiral to defend Cust-O-Fab in a Texas lawsuit asserting contract and tort claims.

Cust-O-Fab asserts the district court made four errors: (1) finding

National American Insurance Company (NAICO) appeals from the district court's findings of fact and conclusions of law, made after a bench trial in this litigation alleging breach of contract, breach of fiduciary duty, negligent misrepresentation, and constructive fraud by defendants (collectively, Misken). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

NAICO issues

1 The Oklahoma Bar Association filed a complaint in this Court alleging that Respondent, Eric B. Bolusky, committed certain acts that violated the Rules of Professional Conduct, 5 O.S.1991 Ch. 1, App. 3-A, and Rule 5.2 of the Rules Governing Disciplinary Proceedings, 5 O.S.1991 Ch. 1, App. 1-A. The Bar Association struck some of the allegations before the trial panel, Respondent and Bar Associa

1 The complainant, Oklahoma Bar Association (Bar Association), alleges three counts of misconduct by the respondent, Darrell Bolton (Bolton/attorney). The allegations center around the attorney's conduct in an attempted negotiation for the return of stolen property.1 We find that: 1) the Bar Association established by clear and convincing evidence2 that Bolton's conduct was prejudicial to the a

1 The complainant, Oklahoma Bar Association (Bar Association), alleges two counts of misconduct by the respondent Joe R. Farrant (Farrant/attorney). The first count relates to conversion of client funds entrusted to Farrant for a specific purpose.1 The second count involves misrepresentations made to the Bar Association in relation to the facts [867 P.2d 1281] and circumstances surrounding the

The present dispute is a diversity action involving Zurich American Insurance Co.'s (Zurich) payment of medical expenses incurred by Enrique Ortiz, a Matrix Service, Inc. (Matrix) employee. Matrix contracted with Zurich to provide stop-loss coverage for medical expenses incurred by eligible Matrix employees for amounts that exceed Matrix's basic coverage. Matrix paid health benefits on behalf

This case arises out of a personal injury action in an Oklahoma state court. Plaintiffs allege that Farmers Group, Inc. ("Farmers") misrepresented the scope of the state court's medical privilege waiver and thereby improperly obtained confidential medical records. On June 26 and 27, 2000, Farmers introduced into evidence some of the information contained in those medical records. Plaintiffs cl