Merchandise Center, Inc., Tortola GP. LLC, and Wallpapers To Go, Inc. appeal from piecemeal dismissals and a summary judgment, which disposed of their securities and contract lawsuits against WNS, Inc.

Two transactions are the primary bases for this lawsuit. First, Tortola purchased all the assets of Wallpapers To Go. Second, Merchandise Center then purchased the corporate stock of Wallpape

This is an appeal from a judgment in favor of Appellee, Carolyn Pauree, for breach of contract and fraud against Appellants, Safety Anchor Products, Inc. and Ed Reid, Individually. For the reasons stated, we affirm the judgment of the trial court.

I. SUMMARY OF THE EVIDENCE

In November, 1995, Appellee, Carolyn Pauree (APauree@), and Appellants, Ed Reid (AReid@) and Safety Anchor

Donald Davis and Coralie Davis appeal the trial court's judgment granting James Estridge and Elaine Estridge rescission of a contract for the purchase of a house and acreage. (1) Finding that rescission to be inequitable, we reverse the trial court's judgment, reinstate the jury verdict, and render a money judgment for the Estridges.

Background

In 1996, the Davises sold their house a

State Farm Fire and Casualty Company ("State Farm") appeals from the judgment of the Circuit Court of the City of St. Louis granting a motion for summary judgment in favor of respondent, Jack Lampert ("insured"). The trial court held that State Farm was liable to insured for failing to defend insured in an underlying suit. We affirm.

Insured and his wife (collectively "Lamperts") were the owne

This is a crop-damage case. Appellant, McCorkle Farms, Inc., filed suit against Delta Farms Elevator, Inc., Delta's president and sole shareholder, appellee Gene Thompson, and Randy Atkison d/b/a Buffalo Island FlyingService1 after noticing symptoms consistent with its cotton crop being exposed to the pesticide 2,4-D. Shortly before these symptoms were noticed, Atkison had been retained by Thompso

Defendant Los Angeles County Bar Association ("Bar Association") appeals from an order denying its special motion to strike under Code of Civil Procedure section1 425.16 (the anti-SLAPP statute). The court found the anti-SLAPP statute did not apply to plaintiff Vicki Roberts's complaint for breach of contract and fraud. The complaint arose from defendant's rating of plaintiff as "not qualified

Automobile general liability policies issued by the defendant insurance companies in this case contain a Compensation Provision, under which defendants agree to reimburse their insureds for out-of-pocket expenses incurred while the insureds attended court proceedings in a personal injury action defended by the insurers. In these consolidated appeals, the central issue is whether defendants have an

Plaintiff-appellant Fashion Boutique of Short Hills, Inc. ("Fashion Boutique"), challenges a host of rulings by the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, District Judge) during this lengthy litigation arising from the demise of its business. Fashion Boutique, formerly a seller of Fendi products, claims that its business was ruined by a campai

1 Holmes Development, LLC ("Holmes"), appeals from an order granting summary judgment to First American Title Insurance Co. ("First American") and from an order granting summary judgment to Paul Cook ("Cook") and Cook Development, LC ("Cook Development"). We affirm.

BACKGROUND

2 The parties to this appeal do not dispute the material facts. In 1993, Cook purchased two parcels of land i

Plaintiffs John J. Lenahan, Marilyn S. Lenahan, and Willowrun, L.P. (plaintiffs), appeal from a judgment dismissing their claims for security law violations and related torts on the ground that a forum selection clause in a limited partnership agreement required them to bring the case in Puerto Rico. (1) We reverse.

The consolidated cases involve investments in one or more of several related

This is an action for damages arising from Snohomish County's denial of a preliminary plat application for a subdivision. West Coast maintains that the County misrepresented its policy regarding the imposition of a development moratorium on property logged under a Class III non-conversion permit. West Coast further claims that it relied on those representations when deciding to purchase the

Gary Marland, Trustee of Marland Enterprises, Incorporated, appeals the district court’s order awarding summary judgment to Safeway, Incorporated, the Appellee, on Marland’s claims for breach of contract and deceit. Finding no reversible error, we affirm.

I.

Marland Enterprises, Incorporated filed suit against Safeway, Incorporated ("Safeway") in the Circuit Court for Montgomer

This case requires us to decide whether a party to an arbitration agreement that is subject to conditions precedent can, without satisfying those conditions, compel arbitration under the Federal Arbitration Act. ("FAA"). HIM Portland ("HIM") moved the district court, pursuant to an arbitration agreement, to compel DeVito Builders ("DeVito") to arbitrate a contract dispute between them. DeVito cont

In this case, we review Rocky Mountain Rhino Lining, Inc. v. Rhino Linings USA, Inc., 37 P.3d 458 (Colo. App. 2002), in which the court of appeals affirmed the trial court's treble damage award to Rocky Mountain Rhino Lining, the plaintiff, pursuant to the Colorado Consumer Protection Act (CCPA).

In our view, the evidence does not support an actionable CCPA claim. Hence, we hold that the cl

Abdul Malik Hashim ("Hashim") executed two franchise agreements (the "Franchise Agreements") and two Sublease Agreements with El Pollo Loco, Inc. ("EPL") for the opera-tion of two EPL restaurants (the "Restaurants"), while concur-rently operating six Kentucky Fried Chicken, Inc. ("KFC") restaurants. Upon discovering Hashim's concurrent owner-ship, EPL terminated the Franchise Agreements and

From October 1990 until January 29, 1993, Staun was vice-president of manufacturing at Beaman Corporation (Beaman). Under his employment agreement with Beaman, Staun was entitled to numerous salary, fringe, and severance benefits. No severance was payable, however, if Staun was terminated for cause.

In December 1992, Beaman filed for bankruptcy after its London parent went into receiversh

This case comes before the Court following the grant of summary judgment to the seller in a real estate transaction. The parties added provisions to their agreement providing that the property would be cleaned up to the buyer's satisfaction within 90 days and that the buyer would give his unqualified approval as to the condition of the property prior to closing. The property was not cleaned up

Plaintiffs, Cory B. Nielson and Jong OK Nielson (buyer or buyers), appeal the trial court's grant of summary judgment in favor of defendants, Murrill Thomas Scott and Sue Ann Scott (seller or sellers), on buyers' fraud and concealment claims. Sellers cross-appeal the trial court's refusal to award them attorney fees. We affirm.

This action involves buyers' April 1, 1997, purchase from seller

In May 1998, Life Care Centers of America, Inc., dba Las Fuentes Care Center ("Las Fuentes") entered into a group service agreement with Premier Healthcare of Arizona ("Premier") to provide health insurance for Las Fuentes employees. Premier's group insurance plan (the "Plan") provided that Las Fuentes would pay the monthly premiums with deductions from the employee payroll and with its o

In Kambury v. DaimlerChrysler Corp., 334 Or 367, 374, 50 P3d 1163 (2002), the Supreme Court held that, when a defective product causes a person's death, the two-year statute of limitations for product liability actions rather than the three-year statute for wrongful death actions applies to a product liability claim. The court remanded the case to us to decide which statute of limitations applies

Plaintiff and appellant Rosa Ramirez (plaintiff) brought this action against defendant and respondent Long Beach Unified School District (School District) contending the School District was liable for the death of her son, Thomas Ramirez (Thomas). Plaintiff appeals from the judgment entered upon the sustaining of a demurrer without leave to amend. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Stephen W. Ruth, an Iowa attorney, is charged with neglecting his client's legal matters, making a misrepresentation to the court and to his client, failing to provide an accounting of estate funds, and failing to distribute funds to beneficiaries. The Iowa Supreme Court Board of Professional Ethics and Conduct filed a complaint against Ruth with our Grievance Commission alleging he violated seve

Appellee, Stephen T. Richards (Richards), was a long-time agent for Allianz Life Insurance of North America (Allianz). A dispute arose between them concerning commissions due Richards. Allianz filed a demand for arbitration of the issue. In response, Richards filed an application with the district court to stay the arbitration asserting that the agreement relied upon by Allianz was not enforceabl

Plaintiff appeals from a judgment resulting from orders of May 25, 2001 and June 22, 2001 dismissing the complaint against defendants for failure to file an affidavit of merit and an order of August 3, 2002 denying reconsideration. Plaintiff argues that the orders must be "vacated" because the principle of res ipsa loquitur and the "common knowledge" doctrine excuse the need for an affidavit, an

We have held a number of times that a claimant's failure to exhaust the administrative remedies that an ERISA plan provides for challenging the denial of a benefits claim ordinarily bars her from pursuing that claim in court. E.g., Counts v. Am. Gen. Life & Accident Ins. Co., 111 F.3d 105, 108 (11th Cir. 1997). We have never decided the issue presented in this case, however, which is whether that