After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiffs-Appellants seek reversal of an order of the district court dismissing their Federal Tort Claims Act

Denada M. Bace petitions for review of the Board of Immigration Appeals' (BIA's) rejection of her and her husband's application for asylum, withholding of removal and relief under the Convention Against Torture Act. We find that the BIA's decision to deny asylum was not supported by substantial evidence. We therefore vacate the BIA's order and remand for further proceedings.

2 No. 02

This is an appeal after the case was remanded for the district court to determine whether a real estate developer-broker who breached his fiduciary duties to his principal should forfeit all or a portion of the development fee that the developer-broker earned before the breach. The district court awarded the developer-broker 87.5% of his development fee and attorney fees, and the landowners

This appeal arises out of an action brought by the plaintiff, Elizabeth M. Stewart, against the defendant, Cendant Mobility Services Corporation (Cendant), her former employer, for damages resulting from Cendant's allegedly wrongful termination of her employment. Following a trial, a jury returned a verdict in part for the plaintiff, finding in her favor on her claims of promissory estop

Wendland & Utz seeks reversal of a summary judgment entered in favor of its insurer, Employers Mutual Casualty Company ("EMC"). An attorney at the law firm of Wendland & Utz, while driving his own vehicle to pick up a witness, struck and seriously injured a pedestrian, Dr. Wen-Po Daniel Su ("Dr. Su").1 EMC denied coverage because the policy it issued to Wendland & Utz does not provide coverage

Rickey Harris ("Harris") appeals the judgment affirming the decisions of the Missouri Administrative Hearing Commission ("AHC") and the Missouri Real Estate Commission ("MREC") suspending Harris's real estate licenses for two years followed by a three-year period of probation. Harris claims that the trial court erred in affirming the suspension and subsequent probation imposed upon his licenses be

A real estate limited partnership merges into a new entity, becoming a wholly owned subsidiary of the new entity. The interests of the limited partners are liquidated or cashed out, while the general partner retains an equity interest in the postmerger entity, which then sells the assets of the limited partnership to third parties for more than the assets were valued for purposes of the cas

Glen Holly Entertainment Inc. ("Digital Images") brought this private antitrust action, with supplemental state law claims, against Tektronix Inc. ("Tektronix") and Avid Technology, Inc. ("Avid"), collectively ("defendants"). Pursuant to defendants' Rule 12(b)(6) motion, the district court dismissed Digital Images' antitrust and promissory estoppel claims, as well as some of its fraud and

This is a pro se appeal in an estate settlement case of the Boyd Circuit Court's order dismissing Appellants' complaint pursuant to CR 41.02. Because we are convinced the trial court did not abuse its discretion in dismissing the underlying action, we affirm.

Appellants, Jerry Hall and Dean Hall (the Halls), are the sons of Ruth Hall Creech who died testate on July 11, 1993, leaving a

Defendant West Bend Mutual Insurance Company (West Bend) appeals from the district court's order entering judgment in favor of plaintiffs Sidney and Bonnie Bradley on their breach of contract claim. West Bend contends the district court erred in: (1) finding it failed to exercise reasonable diligence to obtain its insured's cooperation in the defense of the Bradleys' negligence claim; (2) find

The plaintiff in error, Nancy Burton (plaintiff), an attorney, brings this writ of error claiming that the defendant in error, Honorable A. William Mottolese (trial court), improperly concluded that the plaintiff had violated several Rules of Professional Conduct and that the imposition of the sanction of disbarment violated her due process rights. Specifically, the plaintiff claims that

Elbert Dwayne Blake, appellant, was charged with felony possession of methamphetamine with intent to deliver. After the trial court denied appellant's motion to suppress evidence and his request for disclosure of the State's informant, appellant pleaded guilty to the lesser felony of possession of methamphetamine. Pursuant to a plea bargain agreement, and after appellant pleaded true to a punis

The United States Supreme Court has "rigorously enforce[d] agreements to arbitrate" civil disputes (Dean Witter Reynolds Inc v. Byrd (1985) 470 U.S. 213, 221), including those in which employees and consumers rely on statutory claims (Green Tree Fin. Corp.-Ala. v. Randolph (2000) 531 U.S. 79, 89 (Green Tree); Shearson/American Express, Inc. v. McMahon (1987) 482 U.S. 220, 223, 226). The high c

Urs Koechli appeals an order denying his motion to quash service of process and motion to dismiss for lack of personal jurisdiction. Koechli argues that process was not properly served in accordance with the requirements of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, opened for signature November 15, 1965, 20 U.S.T. 361,

{1} Plaintiff Weststar Mortgage Corporation (Weststar) appeals from a jury verdict granting compensatory and punitive damages to Defendant Ken Jackson (Jackson). Weststar, seeking to recover money from Jackson that belonged to Weststar, had filed an action against Jackson for unjust enrichment, fraud, constructive fraud, conversion, and promissory estoppel. In response, Jackson filed a c

1}This is an action to terminate an oil and gas lease in San Juan County, New Mexico. The lessee's gas well stopped producing between December 1990 and March 1991. The lessors asserted the lease had terminated for lack of production because the lessees failed to tender shut-in royalty payments during that time and failed to resume operations within 60 days after the well stopped producing. The

Defendants, William Cooper, et al., appeal from the judgment, entered pursuant to a jury verdict, in favor of plaintiffs, Sequa Corporation and Sequa Engineered Services, Inc., in an action for fraud, conspiracy to defraud, and breach of fiduciary duty. The court awarded compensatory and punitive damages. We affirm in part and reverse in part.

The evidence, viewed in the light most favorabl

As the primary issues of this appeal, we consider whether telephonic testimony is permitted at trial and whether the district court correctly imputed income to Jeffrey Barry. We hold that telephonic testimony is only permissible under special circumstances and conclude that the district court did not abuse its discretion when it imputed income to Barry.

FACTS

On May 16, 19

Plaintiff Michael Roberti, a minor, by and through his guardian ad litem, Mary Roberti, appeals from a judgment of dismissal entered in favor of defendant Andy's Termite & Pest Control, Inc. Plaintiff alleged that he was injured as a result of his exposure to a pesticide applied by defendant at plaintiff's home. The trial court granted defendant's motion in limine to exclude the introductio

Class Actions: DaimlerChrysler Corporation has filed and argued an interlocutory appeal with this Court challenging the trial court's certification of two nationwide classes for purposes of suing DaimlerChrysler on claims arising out of its design, manufacture, marketing, and sale of automobiles equipped with defective seatbelts. On appeal, DaimlerChrysler argues that the certification orders m

Respondent Savannah Place Ltd. ("Savannah Place"), as assignee of two promissory notes, attendant deeds of trust, security agreements and guaranties relating to the two promissory notes, brought suit against Charles Heidelberg and his spouse, Sandra Heidelberg ("Appellants" and/or "Charles Heidelberg" or "Sandra Heidelberg"), to enforce the terms of the guaranties for the payment of the two promis

Appellant Mitchell Wall raises several challenges to his convictions and sentence following a pair of jury trials on drug offenses charged in two separate indictments, one alleging cocaine distribution resulting in a death and the other alleging a scheme to unlawfully obtain and distribute oxycodone. (1) He claims, inter alia, that his Sixth Amendment right to counsel was violated by admission

The plaintiff, Harolyn Johnson, appeals from the judgment of the trial court rendered after it granted the defendant's1 motion to strike the revised amended complaint. On appeal, the plaintiff claims that the court improperly (1) struck the complaint and (2) rendered summary judgment on a complaint that previously had been withdrawn. We affirm the judgment of the trial court in part and

Appellant Valley Farms, Ltd. appeals from the trial court's grant of summary judgment in favor of appellees Transcontinental Insurance Company and CNA Casualty of California (collectively, Transcontinental) on the issue of misrepresentations in Valley Farms's application for insurance. We conclude that Valley Farms had a continuing duty to update Transcontinental on claims it had made betwe

1 Plaintiffs, Steven M. and Ellen M. Rogers purchased a house from defendants, Charles A. and Barbara S. Meiser. After experiencing flooding problems they sued defendants for common law actual fraud and violation of the Residential Property Condition Disclosure Act (RPCDA), 60 O.S.Supp.1995, § 831 et seq. (now O.S.2001).1 Their petition sought rescission of the purchase contract, restoration of