3 The Grynbergs own working interests in natural gas wells located in Wyoming and Colorado. In 1971, the Grynbergs signed a gas purchase agreement with Mountain Fuel Supply Company, predecessor in interest to Questar Pipeline Company, for the sale of gas from the Colorado wells (Colorado Contract). In April and June of 1974, the Grynbergs signed three more gas purchase agreements with Mountain

This is an appeal from an order granting summary judgment to the defendants on a claim that the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq. ("FMLA"), was violated when the plaintiff was discharged upon his return from FMLA leave. The plaintiff argues that there are genuine issues of material fact that should have precluded the entry of summary judgment. Concluding that the factual d

This is an appeal by appellant Freddie Mark Fields (Fields), as parent and next friend of Stephen Hunter Fields, a minor (Hunter), from an order of summary judgment granted in favor of appellee Southern Farm Bureau Casualty Insurance Company (Southern Farm). Fields urges that this court should abrogate the parental-immunity doctrine altogether or, alternatively, create an exception to the doctr

Unless it has conducted a reasonable investigation as to the insurability of its insured, an insurance company may not rescind an automobile insurance policy based upon the material misrepresentations of its insured after the insured injures a third party. (Barrera v. State Farm Mut. Automobile Ins. Co. (1969) 71 Cal.2d 659, 681 (Barrera).) This requirement is to protect the public from injur

Monica A. Tanner appeals from an order granting summary judgment in favor of Julie A. Williams in an action Tanner filed against Williams for alleged misrepresentation as to the condition of a basement in a real estate transaction. Tanner claims the trial court erred when it granted summary judgment because Williams had a duty to disclose the water problems in the home she sold to Tanner. Becau

Western National Mutual Insurance Company appeals a judgment entered on a jury verdict awarding Comstock Dairy Enterprises, Inc., $80,000 for damage to a whey tank. Western contends that the trial court erred by finding the insurance policy ambiguous regarding the definition of a covered "object." It also challenges whether there was sufficient evidence to support the jury's conclusion that the

These two cases, which we consolidate for the purposes of this opinion, arise from an order for partial summary judgment barring plaintiff from receiving any damages, including compensatory and punitive damages, on any of his claims from March 14, 1997 forward, and a consent order dismissing plaintiff's remaining claims with prejudice followed by an order dismissing a subsequently filed complai

In 1990, Joseph Cooper ("Cooper"), one of the plaintiffs and appellant here, purchased from Berkshire Life Insurance Company ("Berkshire"), one of the appellees, two "vanishing premium" life insurance polices insuring the lives of himself and his wife Annette Cooper. He did so, he asserts, on the basis of misrepresentations by two insurance agents, Thomas Steinhardt and Bernard Fish, also appe

Appellant, eToll, Inc., appeals from the order dated November 8, 2000, granting summary judgment to defendants/Appellees, Elias/Savion Advertising, Inc. (Elias/Savion), Philip L. Elias, Ronnie J. Savion, and Daniel McCarthy. We affirm.

The procedural history of the case is as follows. On August 3, 1998, Appellant filed a complaint alleging the following facts. Appellant developed an emai

Plaintiffs shareholders of Lyndonville Savings Bank & Trust Company appeal from a superior court judgment dismissing their complaint against defendants, the attorneys and law firms that represented the bank in a lawsuit against two of the plaintiffs, Evelyn and Roger Lussier. Plaintiffs contend the trial court erroneously: (1) ruled that they lack standing; (2) violated their constitutional rig

Plaintiff's complaint alleged First Union was liable for promissory fraud and wrongful termination in connection with plaintiff's hiring and subsequent termination of employment. Plaintiff's evidence in response to First Union's motion for summary judgment primarily consisted of his own declaration. The declaration did not comply with Code of Civil Procedure section 2015.5 in that it was e

Plaintiff, Jerold Daniel Friedman, appeals from a judgment, following the sustaining of demurrers without leave to amend, in favor of defendants, Merck & Co., Inc., Merck Ventures, Inc., Astra Merck, Inc., and Merck Hamilton, Inc. Plaintiff, a strict ethical vegan, alleged he suffered serious emotional, and subsequent physical, injuries when he discovered a tuberculosis (TB) test he had submit

[1] American National Fire Insurance Company, as subrogee of United Crane & Excavation, appeals from a summary judgment dismissing its subrogation action against Gary Hughes. We hold American National is not entitled to subrogation from Hughes because for purposes of subrogation he was not a third party but an implied co-insured under American National's insurance policy with United Crane. We affi

This appeal arises from the Administrative Hearing Commission's (Commission) determination that "no cause" existed to discipline the medical license of Edward McDonagh, D.O. The Missouri State Board of Registration for the Healing Arts (Board) had filed a disciplinary Complaint alleging Dr. McDonagh endangered the physical and mental health of his patients through the use of EDTA chelation ther

This is an original disciplinary proceeding filed in two counts in which the Chief Disciplinary Counsel (CDC) charges Respondent, Timothy L. Donaho, Jr., with multiple violations of the rules of professional conduct in relation to 1) his representation of a client in a child custody case, and 2) his attempt to deceive disciplinary authorities. Respondent, having now conceded the violations, is sus

United, through subsidiaries and affiliates, operates subscription television companies. It hired Mr. McRann to serve as managing director of Austar, an Australian subsidiary. Roughly two years after he began working at Austar, Mr. McRann interviewed with United for a management position at another subsidiary, A-2000 Holding NV ("A-2000"). A-2000 is located in Amsterdam, The Netherlands. United

In January 1999, a federal district court granted appellant James L. Noske's petition for a writ of habeas corpus and vacated Noske's 1990 assault conviction, based on the court's conclusion that Noske had been denied his Sixth Amendment right to the effective assistance of trial counsel. Noske then brought a legal-malpractice action against respondent Joseph S. Friedberg, who was Noske's defens

Plaintiff City Colleges of Chicago (City Colleges) sued defendant Coopers & Lybrand, L.L.P. (Coopers), for professional negligence and breach of contract resulting from an audit of City Colleges. The jury returned a verdict in favor of City Colleges for $23 million reduced by 45% for plaintiff's comparative negligence, and $378,000 for breach of contract. Coopers appeals claiming that: (1) Ci

Plaintiff Thomas Mark Stone filed a four-count complaint against Clifford Chrysler-Plymouth, Inc. (Clifford), and Chrysler Financial Corporation. Counts I and III are directed against Clifford and allege violations of the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 1992)) and common law fraud, respectively. The trial court granted Cliff

In 1998 sixteen-year-old Matthew Applegate was riding as a passenger in his parent's car, which was driven by fifteen-year-old Nicole Underwood. The car collided with a vehicle driven by Mitchell Plett, seriously injuring Mr. Applegate's spine. As a result of the accident, Mr. Applegate is now a quadriplegic.

State Farm representative Greg Ellis was assigned the initial insurance claim f

In adopting the Unlawful Detainer Assistants Act (Bus. & Prof. Code, § 6400 et seq.; UDAA) the Legislature found in part that "there currently exist numerous unscrupulous individuals . . . who purport to offer protection to tenants from eviction. The[y] . . . represent themselves as legitimate tenants' rights associations, legal consultants, professional legal assistants, paralegals, attorne

Buyers brought suit against a home inspector for failing to discover and report certain defects in the house they ultimately purchased. The trial court sustained without leave to amend the inspector's demurrer to the buyer's second amended complaint. The court found the one-year statute of limitations specified in the home inspection contract barred all causes of action whether sounding in to

Madera Production Company appeals the summary judgment granted in favor of Atlantic Richfield Company (ARCO), Wagner & Brown, Limited (W&B), C. W. Resources (CWR), Carl Westerman, Westerman Royalty Company (WRC), and Laura Jane Westerman as executrix for the estate of H. G. Westerman (the Estate) (collectively, Appellees).

Madera contends the trial court erred in transferring venue from D

In these consolidated proceedings, (1) John Waymon Brown, Russell Vance Buras, Larry Robert Hammond, and Michael Kirk Ross (appellants) complain of the trial court's denial of their motion to compel arbitration and stay proceedings which invoked the Texas Arbitration Act, Tex. Civ. Prac. & Rem. Code Ann. §§ 171.001-171.098 (Vernon Supp. 2003). A trial court's order denying arbitration is subjec

The plaintiffs, a class of Chicago police officers who worked past age 63, brought a civil rights action pursuant to 42 U.S.C. §1983 (1994) against the Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (the Board). Plaintiffs alleged that the Board's application of Public Act 86-272 (Pub. Act 86-272, eff. August 23, 1989), which amended the Illinois Pension Code (