St. Jude Medical, Inc. (SJM) produced the Silzone prosthetic heart valve. A test conducted by SJM showed a slightly higher risk of paravalvular leaks at the site where the valves were implanted. SJM thereafter recalled all unimplanted Silzone valves. Numerous suits were then filed across the nation, and the cases were later consolidated in Minnesota. On motions by the plaintiffs, the distri

We consider for the first time in this circuit whether the jurisdictional facts supporting removal of an action from state court to federal court must be apparent from the face of the initial pleading or whether the mere spectre of removability triggers a duty of inquiry. Specifically, is removability determined by the face of the initial pleading or by defendant's knowledge, constructive

Plaintiff Benny Enea brought this petition to set aside an order of respondent court summarily adjudicating his cause of action against his former partners, defendants William Daniels and Claudia Daniels, for breaches of fiduciary duties consisting primarily of renting partnership property to themselves at less than its fair market value.

The trial court ruled that, as a matter of law,

In this diversity insurance case, Appellant Allstate Life Insurance Company ("Allstate") appeals the summary judgment order granting to appellees Steve Miller and Nicholas Demetro ("the beneficiaries") the proceeds of a life insurance policy on the life of John Miller. Allstate argued below that the life insurance policy insuring the life of John Miller should be rescinded or declared void,

This is a whistleblower action brought by Adrienne Anderson (Anderson) against Metro Wastewater Reclamation District (Metro) pursuant to various environmental statutes which prohibit discrimination against "any employee or any authorized representative of employees." Pursuant to the recommendation of one of Metro's local unions, the City of Denver's mayor appointed Anderson to Metro's Board o

{1} Summit Properties (Summit), a real estate developer, sued the Public Service Company of New Mexico (PNM) and the City of Santa Fe (City) for, among other things, breach of contract and violation of the Unfair Practices Act (UPA). Summit settled its claims against the City. A trial was held on the claims against PNM, which resulted in the jury's awarding damages to Summit. The trial

In five issues, appellant Jack D. Robinson appeals the trial court's granting of appellees Baylor Health Care System and Baylor All Saints Medical Center's motion for summary judgment in this case, which involves the termination of Robinson from his employment. We affirm.

II. Background

In the fall of 2001, Baylor Health Care System ("BCHS") was in the process of acquiring A

On March 22, 2004, Richard Disher filed this action as a state-law putative class action against Citigroup Global Markets Incorporated, formerly known as Salomon Smith Barney ("SSB" or "Smith Barney"). SSB timely removed the case to the district court on the basis of federal question jurisdiction, see 28 U.S.C. § 1331; diversity

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of citizenship jurisdiction, see id. §

{1} Appellant Russell Fennema appeals a district court summary judgment in favor of State Farm Mutual Automobile Insurance Company Footnote . The district court held that State Farm was not liable for underinsured motorist benefits to Fennema because Fennema breached a contract provision requiring Fennema to obtain the written consent of State Farm before settling his claim with the tort

Participants and beneficiaries (hereinafter "Participants") of a pension plan appeal from the district court's orders denying their motions to vacate its judgments under Federal Rule of Civil Procedure 60(b). In earlier proceedings, Participants of the Minnesota Mining and Manufacturing Company ("3M") Employee Retirement Income Plan brought two class actions against 3M and certain of its em

Linda McGreevy, a school nurse, filed this civil rights action under 42 U.S.C. § 1983, against defendants: the Bermudian Springs School District (the "District"); Gerald Soltis, the District's superintendent; Roger Stroup, principal of the Bermudian Springs Elementary School; and Kathleen Tsosie, the assistant principal of the Bermudian Springs Elementary School, claiming that defendants

Appellant Alberto Pinero sued his former employer, respondent Specialty Restaurants Corporation (SRC), for retaliation. Pinero claimed that SRC forced him to resign after learning Pinero had filed an age discrimination action against another former employer, who also was a city council member in a city where SRC conducted business. Following the presentation of Pinero's case in chief at tri

{ 1} This is an appeal by McDonald's Corporation ("McDonald's") from a jury verdict awarding Russell Rich $5,000,000 in compensatory damages on his claim of employment discrimination following trial before Visiting Judge John J. Angelotta. McDonald's claims that Rich presented insufficient proof that AIDS was a disability within the meaning of discrimination statutes; that the judge erred

A jury returned a verdict awarding damages to defendant Interior Pacific Flight Systems (Interior) and John Mitchell, in an action for breach of contract. The court ordered defendants to return to plaintiff, Paul Heinrich, some of his property in defendants' possession, or to allow Heinrich a setoff for the property. Defendants did neither. At a hearing on a motion for a rule to show cause, the

In this case, a California resident filed a class action against a group of
Nevada hotels for failing to provide notice of an energy surcharge imposed on
hotel guests. Although these hotels conduct no business and have no bank
accounts or employees in California, they do advertise heavily in California and
obtain a significant percentage of their business from California re

NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION AIP_NOT_050518 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO

Coordination Proceeding Special Title Judicial Council Coordination Proceeding No. 4355 (Rule 1550(b))

NOTICE OF PENDENCY AND PROPOSED

IN RE IPOD CASES SETTLEMENT OF CLASS ACTION

TO: ALL PERSONS OR ENTITIES RESIDING IN THE UNITED STATES WHO P

In July 2002, the plaintiff, Nadejda Vassilkovska, purchased a used automobile from Woodfield. In addition to the sales contract, the plaintiff signed an arbitration agreement (Arbitration Agreement). In February 2003, the plaintiff filed a four-count complaint against Woodfield. In April 2003, Woodfield filed a motion to dismiss and compel arbitration. In May 2003, the trial court heard argume

Defendant appeals as of right from a jury verdict awarding plaintiff $1,417,000. Plaintiff alleged that defendant committed fraud in connection with certain representations he made during discussions and mediation leading to the property settlement in the parties' underlying divorce action. Defendant asserts that the elements of fraud were not established, and that the trial court erred i

Under Code of Civil Procedure section 340.91 certain victims of the Northridge earthquake whose insurance claims would otherwise have been barred by the limitations period in Insurance Code section 2071 received an additional one-year period from January 1, 2001 to December 31, 2001 in which to file a claim or commence an action on the policy. The issue before us is whether, with the expi

In D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1 (D'Amico), the California Supreme Court noted that admissions of a party obtained through discovery receive an unusual deference in summary judgment proceedings, and, absent a credible explanation, prevail over that party's later inconsistent declarations. (Id. at p. 22.) However, later cases have

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cautioned that D'Amico

Mary Gurley ("Plaintiff") sought damages from Montgomery First National Bank ("Bank") on a negligent misrepresentation theory. Specifically, she alleged Bank had continuously represented that her husband was insured by a term life policy, but belatedly (after her husband died), she learned no such coverage existed.

The jury awarded Plaintiff $150,000 for damages and attorney fees. In a judg

Plaintiffs Liebert Corporation (Liebert) and Zonatherm Products, Incorporated (Zonatherm) sought to enjoin several of Zonatherm's former employees from using alleged trade secrets in their new competing business, Aerico Incorporated (Aerico). Plaintiffs alleged defendants misappropriated confidential customer lists, historical bids, quotations, sales history, and price books. The trial court de

This case involves Plaintiff's claims of systemic disease allegedly caused by a silicone gel breast implant Plaintiff received in 1974. The implant at issue was manufactured by Defendant's predecessor. In 1970, Plaintiff underwent bilateral breast augmentation surgery and received her first set of silicone gel and saline filled breast implants manufactured by a division of Dow Corning Corporati

Richard Boeken filed this action on March 16, 2000, alleging various theories including negligence, strict product liability and fraud resulting in personal injuries caused by his cigarette addiction.1 The complaint alleges that Boeken began smoking in 1957, when he was a minor, that he smoked Marlboro and Marlboro Lights, both manufactured by Philip Morris USA, Inc., and that he was ultim

Shinji Kondo appeals from an order denying his motion to vacate and set aside his default and the default judgment against him. We conclude the trial court erred in entering a default and default judgment against Kondo and erred again in denying his motion to vacate them.

FACTS AND PROCEEDINGS BELOW

Plaintiffs' original verified complaint in this action named a number of defendant