This is an appeal of a summary judgment rendered in favor of appellee/defendant, Chase Bank of Texas, N.A., f/k/a Commerce Bank National Association, in a suit for fraudulent inducement and negligent misrepresentation brought by appellant/plaintiff Coastal Bank ssb. In three issues presented for review, Coastal contends the trial court erred in rendering summary judgment because there was subst

This is an appeal from a decision of the district court sitting as an appellate court in bankruptcy. Holding a debt based on a state court judgment for intentional fraud was not dischargeable under 11 U.S.C. § 523(a)(6), the district court reversed a bankruptcy court's contrary judgment. We conclude the bankruptcy court's decision was correct and reverse the judgment of the district court.

A court resolves an action for breach of contract and fraud in favor of a defendant by applying the parol evidence rule. That defendant subsequently files a malicious prosecution action against the plaintiffs in the breach of contract action and others. We now consider whether the termination of the breach of contract and fraud action based on the parol evidence rule satisfies the favorable

Appellant Teresa Johnson ("Johnson") appeals a judgment of the Circuit Court of Cole County upholding the decision of the Administrative Hearing Commission ("AHC") that Johnson's license to practice as a professional nursing home administrator in Missouri was subject to discipline by the Missouri Board of Nursing Home Administrators (" Board") and upholding the order of the Board revoking Johns

In this appeal we consider whether a plaintiff may be sanctioned for declining the opportunity to amend her complaint. We answer in the negative. We also address the pleading standard for discrimination claims under the Fair Housing Act, 42 U.S.C. § 3601 et seq.1

I. BACKGROUND

Since 1992, Priscilla Edwards has lived in a mobile home2 in the Marin Park development in Greenbrae, Cali

A controversy over promotional language employed by competitors in the wood-preservation products industry resulted in litigation in which parties on both sides obtained a summary judgment. Both sides have appealed. Because material evidence was overlooked in the district court, one of the summary judgments must be vacated and remanded. We affirm the other summary judgment.

BACKGROUND

In Weinberg v. Sprint Corp., 173 N.J. 233 (2002), we concluded that the filed rate doctrine effectively barred plaintiffs from seeking monetary and injunctive relief against telecommunications carriers under the Consumer Fraud Act, N.J.S.A. 56:8-1 to 20, because the doctrine precluded plaintiffs from pleading a claim of ascertainable loss capable of surviving a motion for summary judgment. In thi

This appeal concerns rescission and restitution of a contract for the sale of real property. The defendant, Michael L. Moscowitz, an attorney licensed to practice law in the state of Connecticut, agreed to sell certain premises to the plaintiff, Gary K. Wallenta. At trial, the parties agreed to bifurcate the issues of liability, which was tried to the jury, and the remedy, which was trie

1 In this action for legal malpractice, Plaintiff, Rae Worsham, 1 appeals the summary judgment granted to Defendants, Jeff Nix and Scott Scroggs d/b/a Nix & Scroggs Law Firm. The issues on appeal are (1) whether questions of fact preclude summary judgment on Plaintiff's claims of legal negligence, breach of contract, and fraud; (2) whether Defendants can be held liable for Michael Worsham's sui

Appellant Louis A. Wass, Jr., ("Appellant") suffered a serious injury and received medical care in a facility owned by Respondent, Freeman Health System ("Freeman"). Prior to his treatment at Respondent's facility, Appellant signed an admittance form stating that he would be responsible for the costs of his medical care. Freeman seasonably submitted its bill to Appellant for medical goods and serv

This appeal stems from complex commercial litigation involving an airplane that made an emergency landing near Kansas City's Downtown Airport. The parties to this appeal include the airplane's owner/operator; the company that insured the airplane; and the company that hauled the airplane after the landing. The plane's owner/operator sued the insurance company and the hauler to recover damages purp

Believing that one of the members of Santa Fe Apartments, LLC, had breached its agreement to sell an apartment complex to him for $4.6 million and had guaranteed that he could get the other member to agree to the deal, Brent Lambi and his limited liability company sued Santa Fe and its members for breach of contract and fraudulent misrepresentation when Santa Fe initially refused to go through wit

The City of Ottumwa and the Iowa Municipal Workers' Compensation Association (IMCWA) appeal from the trial court's decree ordering rescission of an agreement to settle Russell Poole's workers' compensation claim based on material misrepresentations by an IMWCA claims representative.

Poole sought workers' compensation benefits follow

At issue in this case are the duties of disinterest and disclosure of an examiner appointed to facilitate a reorganization under Chapter 11 of the Bankruptcy Code. The issues arise from the appointment of J. Baxter Schilling to serve as the examiner in the reorganization of Big Rivers Electric Corporation, which was unable to meet obligations on $1.2 billion in debt and whose September 1996 bankru

In 1993, the parties entered into an agreement incident to their divorce (the "agreement") that was incorporated into their divorce decree (the "decree").[1] In 1998, the parties entered into an amendment to the agreement (the "amendment"). Sudan thereafter made no further payments to Mackenzie under the agreement.[2] In 1999, Mackenzie sued Sudan for rescission of the amendment, breach of t

This is a summary judgment case emanating from First National Bank of Edinburg's former depositor relationship with Cameron County. The trial court granted the County's traditional motion for summary judgment on its contract claim. The Bank appeals the summary judgment against it and complains the trial court should have granted the Bank's own motion for summary judgment on the contract claim,

This dispute is over equipment manufactured by Tri-Flo International, Inc. that Conquest Drilling Fluids, Inc., says never worked. Tri-Flo executed a contract to build an oilfield-related piece of equipment called an encapsulation unit. One of the buyers was Coastal Mud, Inc., acting as a funding entity for Conquest, the eventual owner. Coastal sold the equipment to Conquest. Coastal's litigati

Jimmy May appeals from a judgment against him for the amount due on a contract for services and materials. By 11 issues he challenges the (1) legal and factual sufficiency of the evidence, (2) trial court's refusal to allow an expert witness to testify and (3) trial court's refusal to submit a proposed jury instruction. We affirm.

BACKGROUND

In 1999 and for some years prior to th

Appellant, Carousel's Creamery, L.L.C. (Carousel) appeals a judgment in favor of Appellee, Marble Slab Creamery, Inc. (Marble Slab). We affirm in part and reverse and remand in part.Background

In the mid-nineties, intending to increase the size of its franchise system, Marble Slab distributed to potential franchisees a Uniform Franchise Operating Circular (UFOC), which contained

Bankruptcy Trustee Warren E. Dupwe appeals a summary judgment finding that he is judicially estopped from pursuing the tort claims of Chapter 7 bankruptcy petitioners Barry L. and Deborah L. Nix. The trial court found that when the Nixes failed to list claims against First State Bank, and its employees ("First State") in their bankruptcy petition, any future suit on the claim was precluded by judi

Plaintiff Aerotech Resources, Inc. filed a diversity action against Defendants Dodson Aviation, Inc., Dodson International Parts, Inc., and Robert L. Dodson, Jr. See 28 U.S.C. § 1332. Plaintiff alleged (1) tortious interference with contract, (2) breach of fiduciary duty, (3) fraudulent promise of a future event, and (4) fraud by silence. After a two-week trial, the jury returned a verdict for

David R. Teague appeals the decision of the Missouri Gaming Commission (the "Commission") denying his application for a Level I Occupational License ("Level I License") and suspending his Level II Occupational License ("Level II License") for thirty days. He contends that the Commission erred in denying his application for a Level I License and for suspending his Level II License on the basis that

Plaintiffs-appellants Stanley and Eunice Kozikowski appeal from the district court's order granting defendant-appellee Toll Brothers, Inc.'s ("Toll Bros.") motion to dismiss, converted by the court into a motion for summary judgment. The Kozikowskis challenge (1) the district court's finding that the statute of limitations began to run on their claims in 1993; (2) the court's finding that the K

The State Board of Registration for the Healing Arts (the Board) initiated a disciplinary complaint against Dr. Edward McDonagh primarily alleging that he violated section 334.100, (FN1) a part of the Missouri Healing Arts Practice Act, through his representations regarding and use of chelation therapy in the treatment of patients with vascular disease. The Administrative Hearing Commission (AHC)

Defendants Jon and Shara Mortimer (the Mortimers) appeal the district judge's decision in favor of Plaintiff Victor Aspiazu (Aspiazu). Aspiazu alleged the Mortimers defrauded him of $40,000 in the course of a business transaction to purchase a Boise restaurant. The Mortimers argue there was not substantial, competent evidence presented at trial supporting Aspiazu's claim of fraud. We affi