On June 8, 1999, Orkin entered into a "5-Year Subterranean Termite Retreatment Agreement" with the Green Oaks Hotel in which the Green Oaks Hotel agreed to pay Orkin $23,744.63 for Orkin's termite services. Orkin performed under the contract by inspecting and treating the hotel premises on June 30, 1999, but the hotel did not pay Orkin.

On November 11, 1999, "Calstar Properties d/

Defendant and appellant Nestlé USA, Inc. (Nestlé) appeals a judgment in favor of plaintiff Richard Herr (Herr) following a jury trial of an age discrimination suit resulting in a $5,163,600 verdict. Nestlé also seeks review of an order denying its motion for judgment notwithstanding the verdict (JNOV), and a postjudgment attorney fee award of $1,788,159.

Herr cross-appeals, contending the tr

John Wastak appeals 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 regard to Wastak's allegations of age discrimination. The District Court held that Wastak's suit was precluded by a valid release agreement, pursuant to which Wastak, in exchange for various benefits, wai

Ameritech Corporation (Ameritech) seeks review of a court of appeals' decision that affirmed the circuit court's judgment, entered on the jury's verdict, awarding damages to Digicorp, Inc., (Digicorp) for Ameritech's breach of contract and intentional misrepresentation. The jury also awarded damages to Bacher Communications, Inc., (Bacher) for Ameritech's intentional misrepresentation made by o

As a participant in the federal Medicaid program, the State of California has agreed to abide by certain requirements imposed by federal law in return for federal financial assistance in furnishing medical care to the needy. (See Harris v. McRae (1980) 448 U.S. 297, 308.) The California Medical Assistance Program, Medi-Cal (Welf. & Inst. Code, §§ 14000-14198), "represents California's implem

Marta Vergés de Quintanilla ("Marta") and her husband, Marcelo Quintanilla Soberanes ("Marcelo") were married in 1977. Cristina, Carlos, Miguel, and Sandra are Marcelo's adult children from his first marriage. Marta and Marcelo had two additional children.

In May of 2001, Marcelo, who was eighty-eight years old, suffered injuries after he fell while bathing. Marta, Cristina, Carlos, Migue

The Director of Revenue seeks review of the decision of the Administrative Hearing Commission ("AHC") that Shelter Mutual Insurance Company's cafeteria sales were not taxable under section 144.020.1(6), RSMo 2000. (FN1) The decision of the Administrative Hearing Commission is affirmed.

In this interlocutory appeal, SITQ E.U., Inc., SITQ Holdings (U.S.), Inc., Canderel Corp., and Jonathan Wener (collectively, appellants) appeal the trial court's denial of their special appearance motions challenging the trial court's exercise of personal jurisdiction over them. Because we conclude that appellants had sufficient contacts with Texas to support the exercise of specific jurisdicti

This is an appeal from a final judgment in a smokers' class action law suit seeking damages against cigarette companies and industry organizations for alleged smoking related injuries. The final judgment awarded $12.7 million in compensatory damages to three individual plaintiffs, and $145 billion in punitive damages to the entire class. We reverse with instructions that the class be decer

In this complex suit between two corporations struggling for control over a national billiards league, Kenda Corporation, Inc., d/b/a Pot O'Gold Pool League ("Kenda"), had much more success before the jury and judge than Pot O'Gold Money Leagues, Inc., and the individual defendants Jeffrey L. Germain and David R. Kratze. Indeed, Kenda secured a damage award of $55,500 against the individual def

Plaintiff Curtis Bennett filed suit against his former employer, defendant Emerson Electric Company, alleging various federal and state claims, including breach of implied contract of employment. Bennett prevailed on his breach of contract claim at trial, and the district court subsequently denied Emerson's post-trial motion for judgment as a matter of law, for new trial, or for remittitur. Eme

Thomas Jeffrey (Jeffrey) appeals from the trial court's order granting E.C.E., Inc., a new trial on the issue of punitive damages for slander of title. Jeffrey also appeals the trial court's judgment converting the motion to dismiss into one for summary judgment and granting of summary judgment in favor of E.C.E., Inc., on Jeffrey's counts for slander of title and punitive damages based on res

1 The dispositive issue on certiorari is whether the Court of Civil Appeals erred in sustaining the trial judge's denial of a compensation claim by an opinion rested on the claim's untimeliness and on the Workers' Compensation Court's want of cognizance to afford relief from the statutory time bar by interposition of "equitable concepts." We answer in the affirmative.

I

THE ANATOMY

Jeffrey and E.C.E., Inc., through its president, Cathers, entered into a contract to perform demolition and hauling services on Jeffrey's real property. A dispute arose as to whether the work was completed and Jeffrey refused to pay E.C.E., Inc., which resulted in the filing of a mechanic's lien against Jeffrey's property. On July 7, 1999, Jeffrey filed a petition against Cathers, the president

Robert Gladu is the owner of all the stock of Artisan Masonry, Inc. Gladu was the owner of a sole proprietorship, Artisan Construction, which was later incorporated into Augusta Construction, Inc.[1] Wallace is an insurance agent. In 1998, Gladu went to Wallace for workers' compensation insurance consultation. Wallace completed an application for workers' compensation insurance, and Gladu s

In January 1995, Plaintiff Lane-Detman hired Defendant McGinness to represent her in connection with an investment with PCM Holdings, LLC, and to perform a background check on PCM Holdings, LLC, and its principal, Samuel Cooper. The record on appeal contains an engagement letter dated January 12, 1995, sent from Defendant McGinness and received by Plaintiff Lane-Detman. Debbie Souders, an e

Because of a miscalculation, the Feather River Air Quality Management District (the District) banked and issued the Jopson Ranch (Jopson) 470 tons of marketable pollution credits more than it actually had earned for reducing agricultural burning. Plaintiff received notification of the mistake while the sale of the inflated credits was pending. Disappointed that the sales price had to be re

Alma Bicknese (Bicknese) alleges that Thomas Sutula (Sutula), who was chair of the Neurology Department at the University of Wisconsin-Madison, offered her a position as an assistant professor and that she relied upon this offer in turning down a comparable job offer from the University of New York-Buffalo. Bicknese seeks review of an unpublished decision of the court of appeals, which dismisse

On July 19, 1998, Margaretha Sauer died at the Mena Medical Center following a five and one-half year stay at Rich Mountain. She was 93 years old. Mrs. Sauer's discharge summary revealed that the cause of her death was severe electrolyte abnormalities, with contributing factors of "Alzheimer's type, dementia[,]" and protein calorie malnutrition.

The events leading up to Mrs. Sauer's death

Following trial, the district court found officers and directors with voting control of a closely held family corporation, Nyman Manufacturing Co., to be in breach of their state law fiduciary duties to minority shareholders whose shares the three had caused the corporation to redeem without making adequate disclosures. Robert Nyman, Kenneth Nyman, and Keith Johnson were held jointly and severa

This matter comes on before this court on appeal from an order entered May 23, 2002, granting defendant Ranger Insurance Company's ("Ranger") motion under Fed. R. Civ. P. 12(b)(6) to dismiss this action for failure to state a claim on which relief may be granted. In view of the procedural posture of the case we set forth the facts as alleged by the plaintiff, Lexington National Insurance

Maria Zukowski was discharged by her employer, appellee St. Lukes Home Care Program, following a verbal exchange with a supervisor about a memo concerning her history of absenteeism and tardiness. Appellee says she was fired because the memo incident was the third instance of disrespectful behavior toward co-workers, and she previously had been warned that another episode would lead to discharg

In this residential construction defect case, plaintiffs, Doug T. Hoang, Hieu T. Van, Gregory Storbakken, Joan Storbakken, Allan Walts, and Marsha Walts, appeal from the trial court's judgment entered on a directed verdict dismissing their claims against defendant, Jack D. Arbess. We reverse and remand.

Plaintiffs purchased homes built by Monterra Homes (Powderhorn), LLC, whose members co

In Gebo v Black Clawson Co. (92 2 387, 392 1998]), we explicitly left "for another day the task of defining the precise outer boundary of casual manufacturer status" that insulates certain sales from strict products liability. In a sense, that day has arrived. Because we conclude that defendant VF Conner, Inc. was not a casual manufacturer of the product at issue, and because issues of fact pre

Christopher Blaxland1 brought a tort action in the Superior Court of California against, inter alia, two separate instrumentalities and two individual employees of the Australian government. Australia removed the case to federal district court and moved to dismiss on the ground of sovereign immunity, under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330, 1602 et