Terry A. Root v. Pamela Potter Root |
[3] The applicable standard of review requires we consider only the evidence in favor of the successful party, ignore the evidence of the unsuccessful party, and grant to the successful party every reasonable inference that can be drawn from the record. Belless v. Belless, 2001 WY 41, 6, 21 P.3d 749, 6 (Wyo. 2001). For this reason, we consider the facts in a manner most favorable to the wif $0 (03-13-2003 - WY) |
Maxwell Jay Gruber, Sr., etc. v. Kopf Builders, Inc. et al. |
This appeal arises out of a wrongful death action, filed for a second time pursuant to Ohio's Savings Statute, R.C. 2305.19. Plaintiff-appellant, Maxwell Jay Gruber, Sr. ("appellant") individually and as the administrator of the estate of his son, Maxwell Gruber, a minor, deceased, filed a predecessor case, Trial Court No. 324049 ("Gruber I") and the within action ("Gruber II"). Prior to $0 (10-01-2001 - OH) |
Clark v. Crowe |
William and Diane Clark ("the Clarks") appeal the negative judgment of the Hendricks Circuit Court on their Motion to Enforce Settlement Agreement and the judgment in favor of Robert Vondersaar, Sr. and Robert Vondersaar, Jr. ("the Vondersaars") on their Complaint to Reform Deed. We affirm the negative judgment on the Clarks' complaint and reverse the judgment on the Vondersaars' reformation c $0 (11-20-2002 - IN) |
William Mitchell v. Brown & Williamson Tobacco Corporation, Liggett Group Incorporated |
William Mitchell, a federal prisoner, appeals from the dismissal without prejudice of his pro se action against five cigarette manufacturers. Mitchell filed this action in state court. The defendants removed the action to the district court because the parties were of diverse citizenship and Mitchell prayed for damages in excess of $75,000. The district court adopted the magistrate judge's reco $0 (06-19-2002 - AL) |
Reed v. Doctor's Associates,Inc. |
Doctor's Associates, Inc., Frederick DeLuca, and Peter H. Buck (defendants) appeal an order of the circuit court of Madison County that denied, in part, defendants' motion to stay this case in favor of arbitration. On appeal, defendants raise the issue of whether the trial court erred in denying their motion to stay in regard to the plaintiffs' claims of abuse of process and malicious prosecuti $0 (06-27-2002 - IL) |
Shannon v. Boise Cascade |
We filed our original decision in this case February 20, 2002, and modified it on denial of rehearing on April 16, 2002. Shannon v. Boise Cascade, 328 Ill. App. 3d 621, 766 N.E.2d 1136 (2002) (hereinafter original decision). On October 25, 2002, the supreme court, in the exercise of its supervisory authority, directed us to vacate that judgment and to reconsider in light of Oliveira v. Amoco $0 (01-31-2003 - IL) |
Dickey v. Connaught Laboratories |
Krystal K. Dickey, as mother and next friend of plaintiff, Gina M. Dickey, filed a complaint in Illinois state court seeking recovery against defendant, Connaught Laboratories, Inc., for injuries she suffered from the administration of diphtheria, tetanus and pertussis (DTP) vaccine. In response, defendant filed a motion for summary judgment. The trial court granted defendant's motion. Plaintif $0 (11-05-2002 - IL) |
Pekin Insurance Company v. Adams |
Amanda Adams owned a Doberman pinscher, which bit a seven-year-old boy, Christopher Marshall. Amanda had renter's liability insurance from Pekin Insurance Co. (Pekin), and Christopher's father, Nicholas Marshall, submitted a claim. Pekin denied the claim and filed a complaint for rescission of the insurance policy on the ground that Amanda had falsely stated, in her application for the insurance, $0 (10-28-2002 - IL) |
Elysa J. Yanowitz v. L'oreal USA, Inc. |
Plaintiff Elysa Yanowitz was a regional sales manager for defendant L’Oreal USA, Inc. (L’Oreal), a cosmetics and fragrance company. A male L’Oreal executive ordered Yanowitz to fire a female employee in her region because the executive found the employee insufficiently attractive. Yanowitz was asked to get him someone “hot” instead. She asked for a better reason $0 (03-07-2003 - CA) |
Illinois Bell Telephone Co. v. Plote, Inc. |
Plote, Inc., Allied Asphalt Paving Company and Milburn Brothers, Inc. (collectively Plote or plaintiff), appeal from the judgement of the circuit court of Cook County granting a motion pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2000)) in favor of counterdefendant Illinois Bell Telephone Company, d/b/a Ameritech Illinois (Bell or defendant), dismissing count $0 (10-21-2002 - IL) |
Strand Systems Engineering, Inc. v. Richard Chapman |
This is an appeal from a judgment entered after a nonjury trial where the trial court entered a take-nothing judgment against appellant. We affirm. Appellant, Strand Systems Engineering, Inc., is an engineering company. Richard D. Marter is CEO, president, and the chief licensed engineer. Appellant contracted with Dominion Classic Homes whereby appellant was to conduct inspections nece $0 (02-27-2003 - TX) |
Centre Equities, Inc. and E. John Hosch Vs. Wallace G. Tingley, Jr. |
This is an appeal from a summary judgment in a suit brought by Centre Equities, Inc. and E. John Hosch (collectively "Hosch"), the seller-optionor under a stock purchase agreement, against Wallace G. Tingley, Jr., the Texas attorney representing an optionee with a right of first refusal under the agreement. Tingley allegedly made fraudulent or negligent misrepresentations, tortiously interfered wi $0 (03-07-2003 - TX) |
In the Matter of Allen B. Angst |
This is an original contested proceeding in discipline filed by the Disciplinary Administrator against respondent Allen B. Angst, of Abilene, an attorney admitted to the practice of law in Kansas on May 28, 1982. The alleged misconduct arose during the course of representation of respondent's client, Karen R. Sims, in a contested probate case involving the estate of Geraldine Reed. The f $0 (03-07-2003 - KS) |
American Heritage Life Insurance Company; et al v. John D. Orr, Betty E. Sanford, Frankie L. Moore, Jimmie Martin and Nathaniel Henley |
Borrowers who obtained consumer loans which included the purchase of credit life and credit disability insurance brought action in state court against lender and insurers, alleging, inter alia, fraudulent misrepresentation and conspiracy to sell unnecessary insurance at an exorbitant premium. Lender and insurer brought separate action in federal court seeking to compel arbitration under the Fe $0 (06-18-2002 - MS) |
Betty Jean Myers v Phillip Morris Companies et al. |
In 1995, the California Legislature found that "[t]obacco related disease places a tremendous financial burden upon the persons with the disease, their families, the health care delivery system, and society as a whole," and that "California spends five billion six hundred million dollars ($5,600,000,000) a year in direct and indirect costs on smoking-related illnesses." (Health & Saf. Code, § $0 (08-05-2002 - CA) |
Munsell v. Hambright |
John Munsell appeals the trial court's denial of his motion for partial summary judgment and its grant of summary judgment in favor of William Hambright, Counseling Associates, Kathy Byler, and Holy Cross Counseling Group. He also appeals the trial court's denial of his request for attorney's fees incurred in quashing subpoenas. He raises the following restated issues for review: Whether $0 (10-03-2002 - IN) |
State ex rel. Oklahoma Bar Association v. McLain |
1 The complainant, Oklahoma Bar Association (Bar Association), charged the respondent, Donna Dee McLain, with one count of professional misconduct arising from the drafting and execution of a codicil for the decedent, Corrine Childs Dennis (Childs/decedent), which left property to the respondent's relatives. The Bar Association alleged that the respondent's actions involved dishonesty, fraud, d $0 (02-18-2003 - OK) |
Lawyers Title Insurance Corporation v. Soon J. Baik, et al. |
At issue in this case is whether the Court of Appeals properly affirmed summary dismissal of a title company's negligent misrepresentation claim against a law firm representing an estate. The Court of Appeals concluded as a matter of law that the title company could not have justifiably relied upon a letter from the law firm informing the title company that, based upon the firm's tax prep $0 (10-17-2002 - WA) |
Neil v. Nationwide Mut. Fire Ins. Co. (Roaf, J.). |
Appellant Lamar Neill's home was damaged by a fire, and he filed a claim with his homeowners' insurance company, appellee Nationwide Mutual Fire Insurance Company. After finding out that Neill had previous fire losses that were not disclosed in his application, Nationwide denied Neill's claim and filed an action for declaratory relief, seeking to void the policy. Neill counterclaimed for breach $0 (02-19-2003 - AR) |
Ysbrand v. DaimlerChrysler Corp. |
This opinion reviews the trial court's determination that this dispute meets the requirements for a class action found at Title 12, section 2023, of the Oklahoma Statutes. The class certification order is affirmed as to the warranty claims asserted but is reversed as to the claim for fraud and deceit. 2 Defendant, DaimlerChrysler, is a Delaware corporation with its principal place of busi $0 (02-25-2003 - OK) |
Steven M. Rogers and Ellen M. Rogers v. Charles A. Meiser and Barbara S. Meiser |
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 al $0 (02-04-2003 - OK) |
Anjum Malik, Individually and as Next Kin of Zeeshan Malik, Hussain Malik, Aabir Malik and Amrin Malik Vs. A. Briggs Passport & Visa Expeditors |
Anjum Malik, individually and as next kin of Zeeshan Malik, Hussain Malik, Aabir Malik, and Amrin Malik ("Malik"), filed suit in Texas against Barnett Porter Briggs d/b/a A. Briggs Passport & Visa Expeditors ("Briggs Passport") for failure to deliver visas as promised in time for the Maliks' Christmas vacation to Pakistan. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (West Supp. 2003); Tex. $0 (02-27-2003 - TX) |
Vito Campanelli, et al. v. Allstate Life Insurance Company, et al. |
William and Terry Noah, James and Patricia House, Cheryl Mondheim, and George and Mary Lou Giakoumakis (collectively, the "Homeowners") all own homes, insured by Allstate, that were damaged on January 17, 1994, by the Northridge earthquake. Within the next year, all of the Homeowners made claims to Allstate for the earthquake damage to their homes. All of them received payments for the dama $0 (03-03-2003 - CA) |
Cyprus Amax Minerals Company v. Lexington Insurance Company, et al. |
Insurers each issued a claims made excess liability insurance policy to Cyprus providing excess coverage for liability imposed upon or assumed by Cyprus for, among other things, damages on account of "property damage" resulting from a "loss" as defined in the policies. In 1993, Cyprus conveyed its majority interest in a mine to Coeur d'Alene Mines Corporation (Coeur) through a stock purchase $0 (02-28-2002 - CO) |
Lightning Litho, Inc. v. Danka Industries |
Lightning Litho, Inc. (Litho) contends the trial court erred in granting the defendants' motion for judgment on the evidence on its fraudulent inducement claim. In particular, Litho argues that it presented sufficient evidence to support its request for damages. Because we find that the proper measure of damages in fraudulent inducement cases is the benefit of the bargain rule and that there is e $0 (10-29-2002 - IN) |
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