Plaintiff Jerry L. Roberts owned Cable Park Shopping Center (the shopping center) in his capacity as trustee of the Vernon A. Cable Trust. He retained defendant Patricia Lomanto as his agent to sell the shopping center. Lomanto eventually offered to buy the property in her capacity as trustee of her family trust.1 The parties executed a purchase agreement which stated the price as $11 mill

Plaintiff, Diane James, filed a retaliatory discharge case against her employer, defendant, Lifeline Mobile Medics. In May 2002, plaintiff won a jury verdict of $243,969.64 and the trial court entered judgment thereon. In August 2002, plaintiff started proceedings to collect her judgment and defendant filed an appeal (No. 4-02-0712). In September 2002, the parties agreed to settle the case with

Plaintiffs Jon and Susan Pastoria sued Nationwide Insurance and CalFarm Insurance Company for unfair competition, fraud, and negligent failure to disclose imminent material changes in a health insurance policy. Plaintiffs contend that according to Insurance Code sections 330, 331, 332, 334, and 361, defendants had a duty to notify them about impending changes in their insurance policy before

This is a suit by common shareholders of Cadant, Inc. (now CDX Corporation). The defendants are two corporate entities that we'll call "Venrock" and "J.P. Morgan" and individuals associated with them, but we defer consideration of the individual defendants to the end of the opinion and till then use "defendants" to denote just the entities. The suit is based on federal securities law and

This is an appeal from a bench trial in which the court awarded damages of $100,000 plus pre-judgment interest and attorney's fees to appellee/plaintiff, Adnan Ali Najm, in his suit against appellants/defendants, Philip and Carrie Nelson, based on Philip Nelson's failure to disclose material information to Najm before Najm bought Nelson's gas station. Najm sued the Nelsons, bringing claims for

The Haffs were the sole shareholders and officers of a restaurant supply wholesale business, J.A. Haff & Sons, Inc., that often purchased supplies from Cosgrove Distributors, Inc., a distributor of restaurant supplies. In April of 2002, J.A. Haff & Sons, Inc., ceased business operations. At that time, the corporation owed Cosgrove approximately $9,000. Cosgrove sued the Haffs personally for the

This case arose out of a dispute between Arctic Cat Sales, Inc. (Arctic Cat), a snowmobile manufacturer, and two South Dakota Arctic Cat dealers, Midwest Motor Sports, Inc., d/b/a/ Elliott Power Sports (Elliott), and A-Tech Cycle Service, Inc. (ATech). Elliott sued Arctic Cat, asserting that Arctic Cat had violated South Dakota franchise law when it terminated Elliott's Arctic Cat franchise

{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 in not

Bank of America, formerly known as NationsBank of Texas ("the Bank"), and its former employee, Mark Thomason, appeal a jury verdict holding them jointly liable for fraud and breach of contract and awarding damages of $380,101.75 to Billy Lewis. Lewis cross-appeals, arguing that the jury instructions improperly limited the scope of compensable damages. We have jurisdiction pursuant to 28 U

S-G Metals Industries, Inc. ("S-G") appeals from the dismissal of its seven-count complaint against New England Life Insurance Company ("New England"). S-G alleges that New England engaged in a fraudulent scheme involving so-called "vanishing premiums" in the sale of life insurance policies, and asserts claims for violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18

After a jury trial, the lower court entered judgment that invalidated a quit-claim deed wherein Appellee and his late wife purportedly conveyed to Appellants a remainder interest in a parcel of property. The sole issue on appeal is whether the findings of the jury contained in the special verdict were sufficient to support the court's conclusion that the deed must be declared invalid. We co

Appellee's motion for rehearing is overruled, our opinion issued in this case on April 17, 2003 is withdrawn, and the following majority and dissenting opinions on motion for rehearing are issued in its place. In this case to enforce an agreement incident to divorce, Margaret Dye Sudan, now known as Maggie Mackenzie ("Mackenzie"), appeals a summary judgment granted in favor of Philip P. Sudan,

Fred Glazener and James Slagle appeal from the default judgment rendered against them and in favor of John M. Jansing, Jr. Appellants complain that Jansing failed to serve his motion for default judgment on all parties as required by the Texas Rules of Civil Procedure. Glazener contends that service on him was defective because the signature of the recipient of service was illegible. By six oth

In this action for nonpayment of advertising fees, the defendants, Laurie J. Pagano andRichard E. Godek, both doing business as Middlesex Counseling Services, appeal from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Southern New England Telephone Company, on both the plaintiff's claim and on the defendants' counterclaims. On appeal, the defendan

On February 15, 1996, Edward Skwira, a decorated World War II veteran, entered the Veterans Affairs Medical Center ("VAMC") near Northampton, Massachusetts, for the treatment of chronic alcoholism. Three days later, Skwira unexpectedly died, apparently of natural causes. Five years later, on March 14, 2001, a federal jury convicted Kristin Gilbert, a former nurse at the VAMC, of murdering Skwir

Appellees Brooks Strong and Strong Industries, Inc. (collectively referred to as "the Strong Plaintiffs") sued appellants F.S. New Products, Inc. (FSNP) and Tesco American, Inc. d/b/a Tesco/Williamsen (Tesco) for fraud, breach of contract, misappropriation of trade secrets, and conspiracy, alleging appellants had wrongfully obtained and used the Strong Plaintiffs' trade secrets related to the d

In this diversity case arising out of a contract dispute, Defendant-Appellant Continental Polymers, Inc. ("Continental") appeals the district court's order granting summary judgment in favor of Bacou Dalloz USA ("Bacou")on Continental's breach of contract and good faith and fair dealing counterclaims. Continental also appeals the district court's determination after trial that Continental faile

On or about August 26, 1999, the Carters and Dempsey executed and entered into a Land Contract. Under the Land Contract, the Carters agreed to sell and Dempsey agreed to purchase real estate commonly known as 602-4, 606-8, 612-14, 620-22, and 624-26 North Moreland Avenue, and 601-3, 605-7, 615-15 1/2, 615 A-B, 615 C-D, 615 E-F, 615 G-H, 615 I-J, 615 K-L, 621-23 and 625-27 North Tibbs Avenue, In

Plaintiff, Jacqueline E. Stiff, appeals the summary judgment entered in favor of defendant, BilDen Homes, Inc., on her claims for negligence, breach of implied warranty, negligent misrepresentation, false representation, concealment and nondisclosure, breach of contract and express warranty, and consumer protection. We affirm in part, reverse in part, and remand for further proceedings.

This matter is before us on a Petition for Rehearing filed by John Wastak from the decision of this panel filed June 10, 2003. In our original opinion, reported at 333 F.3d 120 (3d Cir. 2003), we considered Wastak's appeal from an order entered in the District Court on March 27, 2002, granting summary judgment in favor of his former employer, defendant Lehigh Valley Health Network, with r

The defendant, William Wanat, appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the plaintiff, Jennifer T. Benedetto, and the third party defendants, Stanley Benedetto and Norine Benedetto.1 On appeal, the defendant claims that the court improperly found (1) that a loan agreement between the parties was unrelated to the lease agreement at issu

Plaintiff David Furia, doing business as Furia Construction Company, appeals from an adverse judgment entered after the court sustained without leave to amend the demurrer of defendant Hugh N. Helm III to Furia's second amended complaint. The amended complaint alleged causes of action for legal malpractice and fraudulent misrepresentation and concealment, arising out of an agreement by Helm, a

James Rutherford, the individual defendant, and Ronald and Dana Atwood ("the Atwoods"), the plaintiffs, both appeal the plaintiff's judgment for damages and attorney's fees arising from an uncompleted home restoration and remodeling job. The trial court entered a joint and several liability judgment against Rutherford, individually, and Triad Home Renovators, Inc. ("Triad"), in favor of the Atw

Today we resolve an apparent conflict between California's trade secret law (Civ. Code, § 3426 et seq.) and the free speech clauses of the United States and California Constitutions. In this case, a Web site operator posted trade secrets owned by another on his Internet Web site despite knowing or having reason to know that the secrets were acquired by improper means. The trial court found t

Linda Breedlove ("plaintiff") was the record owner of residential property located in Muldrow, Oklahoma. She has carried insurance on the house with Allstate Insurance Company (Allstate) ever since the home was built in 1984. On December 6, 1998, the house was completely destroyed by fire, at which time, the house was, as indicated, insured by Allstate. The plaintiff filed a proof of loss with