At an evidentiary hearing before a judicial panel, plaintiff Abe Gupta was found to have violated the Honor Code at Stanford University by copying the work of two other students. Gupta was suspended, placed on probation and ordered to complete community service. An appeals panel affirmed the judicial panel's decision. Gupta brought a civil complaint for damages against Stanford University

In Lucas v. Hamm (1961) 56 Cal.2d 583 (Lucas), our Supreme Court rejected the traditional rule that an attorney owed no duty to nonclients. The court held that beneficiaries could sue the attorney whose negligent preparation of a will caused them to lose their testamentary rights, where the attorney's engagement was intended to benefit the nonclient, and the imposition of liability would

Plaintiff, Eric Jensen, sought to rescind a franchise agreement with Quik International (Quik) pursuant to section 26 of the Franchise Disclosure Act of 1987 (Act) (815 ILCS 705/5 (West 2002)) on the grounds that Quik was not registered as a franchise with the Illinois Attorney General's office, as required by sections 5 and 10 of the Act. Quik sought to stay the litigation in the circuit cour

The plaintiff, Khalid Shah, appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the defendants Cover-It, Inc., and Brian Goldwitz.1 On appeal, the plaintiff claims that the court improperly found that he materially breached the employment contract between the parties. We disagree and, accordingly, affirm the judgment of the trial court.

The

1 Amber K. Arthur (Arthur) appeals from the judgment entered by the Twenty-Second Judicial District Court, Carbon County, on its order granting summary judgment to Defendants as to all six claims raised in Arthur's complaint. We affirm.

2 We restate the issues on appeal as follows:

3 1. Did the District Court err in granting summary judgment to the Defendants on five of Arthur's cl

This appeal arises out of a loan by First Union National Bank ("First Union") to defendant Stephen Paul Brown in the amount of $250,000. In his capacity as President of Global Support Services, Inc. ("Global"), Brown purported to sign a guaranty of this personal loan by Global. When Brown defaulted on the loan, First Union sued Global to enforce the guaranty. Global, contending that Brown lacke

This case calls upon us to decide, as a matter of first impression in this state, whether an unmarried man who has expended funds to support a child, in reliance on the mother's representation that he is the child's father, may sue the mother on an unjust enrichment theory for the return of the funds after discovering that the child is not his biological offspring. As a matter of public policy

In this appeal, we consider the scope of the "unclean hands" defense to an action for trademark infringement.(1) Appellants Gary Worthington and Colleen Worthington appeal from the district court's order dismissing, after a bench trial, their action against the defendants for federal and common law trademark infringement, deceptive trade practices, misrepresentation and false designation of o

The Fru-Con/Fluor Daniel Joint Venture ("the Joint Venture") appeals from the trial court's Amended Judgment entered after a bench trial awarding a net judgment in favor of Corrigan Brothers, Inc., d/b/a Corrigan Company Mechanical Contractors ("Corrigan") in the amount of $2,497,063.50. Corrigan cross-appeals. Factual and Procedural Background (FN1) The Procter and Gamble Paper Products Comp

Express Financial Services, Inc., D/B/A/ Quality Cars and Credit, Inc., appeals from the judgment, following a jury trial, of the Circuit Court of Jackson County for the respondent, Stuart Cohen, on his claim against the appellant for damages, actual and punitive, for a violation of section 407.020.1 (FN1) of the Missouri Merchandising Practices Act (MMPA), sections 407.010-.1132 , as provided

Causes of Action Tried: Breach of Contract, Intentional Misrepresentation/Fraud/Deceit/ Concealment/False Promise, Unfair Business Practices, Negligence, Recovery Against Warehouseman for Theft of Household Goods and Failure to Deliver Goods, and Intentional Infliction of Emotional Distress.

In the Spring of 2002, Helen and Michael Crosson began the preparations to

The plaintiffs, Martin Nussbaum and Kathleen Nussbaum, appeal from the judgment of the trial court denying their application for an order to stay arbitration proceedings instituted by the defendant contractor, Kimberly Timbers, Ltd. The defendant commenced arbitration following the plaintiffs' failure to pay the balance allegedly due on a contract between the parties for the construction

AF & L Insurance Company ("Insurer") appeals from the judgment entered against it by the Circuit Court of Osage County, finding that it breached its long-term care insurance contract with Clara Smith ("Insured") and awarding her damages based upon her life expectancy and vexatious refusal to pay. We affirm in part and reverse and remand in part.

The parties do not dispute the underlying fac

Ernie B. Haire II sued Overseas Holdings Limited for negligent misrepresentation, breach of contract and fraud in the inducement relating to a $1 million loan from the company controlled by former corporate raider Paul Bilzerian and his wife. Haire also sought recession of the promissory note and stock pledge agreement involved in the loan.

A shareholder in a company acquired in a merger transaction sued the law firm which represented the acquiring company for fraud. He alleged the law firm concealed the so-called "toxic" terms of a third-party financing transaction, and thus defrauded him into exchanging his valuable stock in the acquired company for "toxic" stock in the acquiring company. The law firm demurred. It contende

This case arises from a dispute over access to a gas well. The Kysar family owns a ranch on the Animas River in San Juan County, New Mexico. Amoco is the lessee under various leases of mineral estates under the Kysars' ranch as well as to lands owned by the Bureau of Land Management (BLM), adjacent to and just north of the Kysars' property. Several oil and gas wells drilled and operated by Amo

Roderick Lynn Smith, an Oklahoma state prisoner, was sentenced to death for the 1993 murders of his wife and stepchildren. Challenging his convictions and death sentence, Mr. Smith petitioned for a writ of habeas corpus in federal district court pursuant to 28 U.S.C. § 2254.(1) The district court denied relief in an unpublished opinion, but granted a Certificate of Appealability (COA), see 28

Appellant Jeff Wiegand brought this private consumer fraud class action against respondent Walser Automotive Group, Inc. under Minn. Stat. § 8.31, subd. 3a (2002), and Minn. Stat. § 325F.69, subd. 1 (2002). Wiegand seeks damages on behalf of a class of consumers who purchased service contracts and/or credit insurance from Walser. The issue before us is whether the complaint sets forth a legally s

Plaintiff Larry Holtkamp appeals following a district court ruling that granted the summary judgment motion of defendant State University of Iowa Foundation (Foundation), and dismissed Holtkamp's petition. We affirm the district court.

I. Background Facts and Proceedings. The summary judgment record reveals the following undisputed facts. In late 1989 the Foundation was conta

The plaintiff, Johnnie Flournoy, filed a complaint against the defendant, Ameritech, alleging fraud and negligence. Ameritech filed a motion to dismiss the complaint pursuant to sections 2--615 and 2--619 of the Code of Civil Procedure (Code). 735 ILCS 5/2--615, 2--619 (West 2002). The trial court granted Ameritech's motion and dismissed the complaint. Flournoy appeals, contending that the tria

Appellants Erika Guenther and Tammie Drannan sued Allstate Insurance Company and attorney Blaine Gaub for abuse of process. A jury found Allstate liable and awarded Guenther and Drannan compensatory but not punitive damages. The jury found in favor of Gaub. On appeal, Guenther and Drannan argue that the trial court abused its discretion in excluding evidence of Allstate's behavior in seve

Five years after the tragedy at Columbine High School, we are called to determine whether the district court rightly put to rest a lawsuit between Michael and Vonda Shoels, whose son Isaiah was killed at Columbine, and the parents of the two shooters. Over strenuous objection, the district court found that the Shoels, through counsel, had entered a binding agreement to settle their claims in A

Under limited statutory circumstances, written out-of-court statements, though hearsay, may serve as competent evidence of the facts set forth therein, and may be used in lieu of other competent evidence, such as live testimony given under oath in court. "[D]eclarations," for instance, are allowed to support and oppose motions for summary judgment. (Code Civ. Proc., § 437c, subd. (b)(1)

Vern Still was held liable on a personal guaranty, but his wife Wanda was exonerated on the grounds that the obligee violated the Stills' civil rights by requiring Wanda to sign a guaranty. She was awarded partial rather than full attorney's fees for her successful defense.

These appeals present four main contentions. First, Vern contends that the guaranty did not cover the debt in qu

Marion Mandeville, a former employee of Quinstar Corporation ("Quinstar"), brought suit against Quinstar and its sole shareholder, Ronald Filbrun, after Quinstar terminated his employment. Filbrun moved for and obtained a Rule 56 Summary judgment dismissing him from the litigation. Even though he was dismissed as a party, Filbrun was present at the trials, presumably because he was the principa