This action for breach of fiduciary duty is one of numerous shareholder actions arising from alleged management improprieties of officers and directors of Peregrine System, Inc. (Peregrine), and the attendant decline in its stock value. Plaintiff George Schuster appeals a judgment of dismissal entered after the court sustained without leave to amend the demurrers of defendants Stephen P.

Fredric Reller, age 64, sued Philip Morris in November 2001 for negligence and misrepresentation in fraudulently concealed the dangers of smoking and the addictive nature of tobacco. Reller smoked cigarettes for 35 years before being diagnosed with lung cancer.

Philip Morris denied wrongdoing.

Plaintiff Allied Fire Protection (Allied) appeals from a judgment in favor of defendants Diede Construction, Inc., and Wayne Diede on a fraud action after the trial court granted defendants' motion for summary judgment on the basis of res judicata. Allied contends the fraud claim was not barred by res

2 judicata because it did not accrue until after the prior federal complaint had b

Appellant, Robert O'Marra, brings this appeal from a ruling granting appellees' motion for summary judgment in Pulaski County Circuit Court. The circuit court denied his curtesy interest after his wife, Gail O'Marra, executed a quitclaim deed and an agreed court order in favor of her ex-husband, appellee Michael MacKool. We reverse and remand.

When Michael and Gail MacKool were divorced

The plaintiff, Andrew Chapman, filed a small claims complaint against the defendant, Anchor Lumber, seeking to recover real estate taxes paid on a parcel of real estate bought by the plaintiff. The plaintiff alleged that the parties miscalculated the real estate tax amount due to a mutual mistake of material fact. The circuit court entered judgment for the plaintiff. The defendant appealed, con

Plaintiff Richard Lytwyn appeals an order enjoining prosecution of this action against Fry's Electronics, Inc., and various individuals associated with Fry's (collectively Fry's). The court granted the injunction preventing further prosecution of this case until the resolution of an appeal of a separate case involving Fry's and a corporation named Apex Wholesale, Inc. (Apex), entitled Ap

In these consolidated cases, plaintiffs, William Q. Tingley, III (Tingley III), William Q. Tingley (Tingley), and Daniel R. Bradley,1 appeal as of right the trial court's order dismissing their amended complaint in docket number 243171 and the trial court's order granting sanctions in docket number 244609. We affirm.

I. Facts and Proceedings

These cases arise out of a property disput

Defendant Home Depot USA, Inc. appeals from an order denying its motions to set aside a default and the resulting default judgment in favor of plaintiff Alan R. Sporn. We agree with the trial court that the motion for relief from default was untimely and affirm the order. We deny plaintiff's motion to dismiss the appeal and grant his motion for sanctions.

FACTS AND PROCEDURAL HISTORY

A number of California cities and counties filed an action on behalf of the general public against manufacturers, distributors and retailers of handguns and their trade associations, asserting that their conduct of distributing firearms in a manner that enables criminals to acquire the firearms constituted a public nuisance and a pattern of unlawful, unfair and deceptive business acts and

Defendant appeals by right a judgment of divorce entered May 16, 2003 that
implemented the trial court's opinion and order following a November 2002 trial. Defendant
also appeals the trial court's pretrial order granting partial summary disposition to plaintiff
declaring the parties May 1975 prenuptial agreement null and void. We conclude the parties'
prenuptial agreement i

This case turns upon the application of two statutes.(1) The first statute is § 245(i) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1255(i), which allows an alien who entered the United States without inspection to apply to become an alien lawfully admitted for permanent residence, if a petition for classification under INA § 204, 8 U.S.C. § 1154, (including a relative visa petiti

This case stems from the harassing and allegedly discriminatory conduct that male employees of the New Mexico Boys' School ("School") inflicted on their female colleagues and subordinates. The School is operated by New Mexico's Children, Youth and Families Department ("CYFD"). Plaintiffs Maria Consuelo Chavez, Diane Contreras, Lori Lucero, Olga Rodriguez, and Teresa Smith (collectively "Plain

In the highly competitive world of commercial transactions, sophisticated business entities operate according to the impersonal laws of the marketplace in which self-interest, not altruism, is the dominating principle. We must decide to what extent the covenant of good faith and fair dealing, which is implicit in every contract, governs the arms-length business transactions of such entities. <

1 In this employment contract case, plaintiff/appellant Margaret Miller appeals from the trial court's grant of summary judgment in favor of Miller's former employee, defendant/appellee William Hehlen, and his wife on Miller's claims for breach of contract and of the implied covenant of good faith and fair dealing, misappropriation of trade secrets, conversion, tortious interference with

Thomas Persson and Jon Nokes, both fifty percent shareholders in Smart Inventions, Inc., a corporation that marketed household consumer products, entered into a buyout agreement in which the corporation redeemed all of Persson's shares. On the day the agreement was executed, the corporation began test marketing of a product called the Tap Light, which was an instant success and generated

Sarah Jane Schauer (plaintiff) appeals from a judgment of dismissal in favor of Mandarin Gems of California, Inc., dba Black, Starr & Frost (defendant) after the court sustained defendant's demurrer to plaintiff's second amended complaint without

2

leave to amend. Plaintiff sought to recover on various theories based on her discovery that a diamond ring given to her as an engagement

�1 Petitioner (plaintiff) sued Respondent (defendant) for wrongful death of plaintiff's decedent under several theories of recovery.1 Plaintiff alleged injuries and damages sustained as a result of the wrongful death of Ilar Hicks that were caused as a result of the acts, conduct and/or omissions of the defendant. The petition alleges that Ilar Hicks died as a result of sepsis, with a

[1] These unrelated cases were consolidated for argument on appeal because they involve the same legal issue: the requirements for a valid notice of claim under the Wyoming Governmental Claims Act (the WGCA). In both cases, we affirm the granting of summary judgment to the defendants.

FACTS

Case No. 03-241

[2] On September 22, 2000, Terry Bell (Bell) was involved in the third o

The Eleventh Circuit Court of Appeals certified the following five questions of Florida law that are determinative of a cause pending in that court and for which there appears to be no controlling precedent:

1. WHETHER THE "ECONOMIC LOSS" DOCTRINE OF FLORIDA APPLIES TO ALLEGED TORTS IF THE DEFENDANT HAS PROVIDED SERVICES TO A PRODUCT RATHER THAN HAS SOLD A PRODUCT.

2. WHETHER THE

Everest Capital Limited is a Bermuda-based investment advisor that began managing off-shore "hedge funds" in 1990, using the trademark "Everest Capital" in the names of its funds, in letters to investors, and in marketing materials. Some years later, entrepreneur Vinod Gupta formed Everest Investment Management to manage his personal wealth through a collection of limited partnerships in

Plaintiffs Anthony and Maxlyn Cadlo appeal a summary judgment in favor of defendant Owens-Illinois, Inc., in their action for personal injuries and loss of consortium based on Anthony Cadlo's exposure to Kaylo, an insulation product containing asbestos once made by Owens-Illinois. The Cadlos contend the trial court erred in sustaining Owens-Illinois's demurrer to their causes of action fo

The issue presented is whether the federal filed rate doctrine should apply to a telephone charge that is included in a tariff voluntarily filed with the Federal Communications Commission (FCC). We find that it does and that the charge is therefore not subject to a claim for damages. The trial court's judgment of dismissal after sustaining a demurrer without leave to amend is affirmed.

No case in my tenure on the court could be more compellingly described as meeting the Rule 35 en banc standard of presenting a "question of exceptional importance" deserving the attention of the entire court than this. In one of the more shameful events in our nation's history, over two hundred African-Americans were slaughtered and a whole section of the City of Tulsa was burned in an uncontr

The Plaintiff alleged that MACI Holdings, Inc., Security Finance Corporation of Spartanburg, Security Group, Inc. and Continental Holding Company (Spartanburg Defendants) owned and controlled the operations of Security Finance Corporation of Oklahoma, Inc. and Maverick Acquisition Corporation. The Spartanburg Defendants created and implemented a fraudulent and deceptive "loan flipping" scheme

Plaintiffs-Appellants LifeWise Master Funding, LLC and LifeWise Family Financial Security, Inc. (collectively "LifeWise") appeal the district court's grant of judgment as a matter of law and summary judgment against them in their breach of contract claim against Defendant-Appellee E*TRADE Bank ("E*TRADE"). The district court held that (1) LifeWise failed to satisfy a condition precedent to E*T