Dresser Industries, Inc.; Global Industrial Technologies, Inc.; and TMPSC, Inc. (collectively, Sellers), appeal from a judgment entered in favor of Curragh Queensland Mining Limited (Buyer) on various contract and warranty claims. Buyer cross-appeals the judgment entered in favor of Sellers on one of its claims. We affirm in part, reverse in part, and remand for further proceedings.

In 1990,

This appeal is taken from the judgment of strict foreclosure 1 of a purchase money mortgage on real estate located at 21 Plymouth Avenue in Norwalk and the denial of the counterclaim 2 filed by the defen-dant Beatrice Chiappardi 3 after the plaintiff, Tomasso Morgera, instituted a foreclosure action against her. On appeal, the defendant makes two interrelated claims. She maintains that the

Breach of contract, fraud and misrepresentation claims by owner of billiard parlor in Lewiston, Maine against his landlord relating to the condemnation of the property leased by the Plaintiff.

Grinnell Mutual Reinsurance Company (Grinnell) appealed from a district court declaratory ruling that the company was obligated to indemnify its insured, Henry C. Jungling, Jr., under a personal excess liability policy for a settlement payment Jungling's corporation made in a fraud suit against Jungling and his corporation. Grinnell contended that the district court erred in concluding that (1) th

Defendants, Blue Cross and Blue Shield of Montana, Inc. ("Blue Cross") appeal the district court's dismissal of Bruce F. Botsford's suit against them for lack of jurisdiction. Because we conclude that the Federal Employees Health Ben-efits Act 1 (FEHBA) completely preempts Botsford's claim against Blue Cross, and that his claim thus arose under federal law, we reverse and remand.

I. BACK

Plaintiff Scirex Corp. ("Scirex"), a firm specializing in clinical testing of new drugs for pharmaceutical companies, brought this suit against defendant Federal Insurance Company ("Federal") in the District Court for the Eastern District of Pennsylvania, seeking payment under Federal's "Blanket Employee Dishonesty" policy, which covered losses caused by Scirex employees' fraudul

46 U.S.C. S 183b, a statute that regulates the contractual limitations on time for passengers to bring a lawsuit against maritime carriers, provides that carriers may not impose time-bars of less than one year. This minimum one year time-bar is tolled, however, for injured minors pursuant to S 183b(c); in such cases, the clock starts ticking only when the minor's "legal represent

Maryland Consumer Protection Act violation based upon real estate "flipping" by purchasers of house sold to plaintiffs. The defendants had the house appraised at $8,500 and sold it on a lease-to-own contact for $49,500. Shortly after moving into the house, the sewer backed up into the basement and the sellers refused to repair the main. The Farleys then brought suit for fraud and negligent misre

Lumbermens Mutual Casualty Company and Reliance Insurance Company appeal the trial court's order granting summary judgment in favor of defendants Grant Thornton.(FN1) On appeal, Lumbermens and Reliance claim that the trial court erred in granting summary judgment because it failed to recognize the admitted duty of Grant Thornton to carry out their audits of financial statements in accordance with

Kuykendall family members and their corporations appeal from an order for contempt and require us to decide whether the district court engaged in sufficient findings of fact and provided adequate protections under the Due Process Clause in imposing a substantial financial award for consumer redress against them in favor of the Federal Trade Commission ("FTC" or "Commission"). Specifically, we must

Appellant is the beneficiary of a life insurance policy issued by Northwestern in December 1996, on the life of Thomas Sheehan, Appellant's husband (Decedent). Decedent engaged Christopher Wright (Wright) as his insurance agent to procure the policy. Wright was an insurance agent for the John M. Qualy Agency and the Sheehans' family friend. Wright had previously purchased various insurance policie

Lowe's Home Centers, Inc. ("Lowe's") filed suit against Olin Corporation ("Olin") asserting three claims that, in whole or in part, center around Olin's alleged failure to properly warn Lowe's of the dangers involved in the storage and handling of a pool chlorinating product known as Pace Superchlorinator Shock Treatment ("Pace"). The active chemical ingredient in Pace is calcium hypochlorite ("ca

In 1969, Antonia Quevillon, the settlor of the Antonia Quevillon Trust, consulted Baylis, an attorney, regarding the disposition of the apartment buildings she owned and operated. At that time, she was seventy years old and in poor health. She had no prior relationship with Baylis. Baylis drafted the trust into which she transferred her property. The property consisted of eight apartment buildings

Harry D. Meehan, Jr., and Harry D. Meehan, Sr., (Meehans) entered into a franchise agreement with appellees United Consumers Club Franchising Corp., United Consumers Club, Inc., and National Management Corporation (collectively, Consumers Club). Appellee Jack Allen (Allen) negotiated the franchise agreement on behalf of Consumers Club. The franchise allowed the Meehans to sell memberships to t

President of Boston Select Staffing claimed that she was sexually harassed by the chairman of the company and was terminated when she complained about the way she was being treated. She was then sued for misrepresentation and breach of fiduciary duty by Boston Select Staffing. She counterclaimed alleging sexual harassment, breach of contract, wrongful termination and violation of her civil right

Nathaniel Craigmiles and several other plaintiffs challenge a provision of the Tennessee Funeral Directors and Embalmers Act (FDEA) that forbids anyone from selling caskets without being licensed by the state as a "funeral director." Licensing requires an applicant to undergo two years of education and training, very little of which, Craigmiles argues, pertains to casket design or selection. The d

Lavon Phillips appeals from the district court's entry of summary judgment against him in his Fair Credit Reporting Act and Minnesota tort law claims against his prospective mother-in-law, Mary K. Grendahl; a detective agency, McDowell Agency, Inc.;2 and Econ Control, Inc., doing business as Sherlock Information System. The district court held that there was no evidence that Grendahl or the oth

On October 9, 1994, Jimmie White parked his company's 1993 Ford F-350 pickup truck in his driveway. The driveway is sloped, not level, and the truck was parked on the slope pointing downhill. Mr. White testified that he put the truck into first gear, set the parking brake by stepping on the brake pedal, and went inside. He did not lock the truck.

The Whites' three-year-old son Walter was pla

This appeal stems from a series of events surrounding the shooting death of Thomas Figg on January 7, 2000, in Hanover County, Vir-ginia. Shortly before midnight on that evening, Deputy Sheriff Thomas C. Land pursued a pickup truck on suspicion of drunken driv-ing. The truck, driven by Thomas Figg, eventually pulled over at the driveway of the Figg family farm, near Ashland, Virginia. What b

On April 17, 1991, Macris filed suit against Images and Attitude, Inc. (Images), owned by Mowers, claiming breach of contract.(3)

3 On September 1, 1992, Images sold its assets to Neways. Consequently, on February 14, 1995, Macris filed suit against Neways and Mowers, claiming fraudulent conveyance, successor liability, and alter ego, asserting that the transfer of assets from Images to New

1. "A circuit court's entry of summary judgment is reviewed de novo." Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994).

2. "'A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.' Syllabus Point 3, Aetna Casualty

This is a review of a published decision of the court of appeals,1 which affirmed an order of the Milwaukee County Circuit Court, Lee E. Wells, Judge, dismissing with prejudice an action brought by a putative class of cable television customers against Time Warner Cable of Southeastern Wisconsin, Limited Partnership (Time Warner).

2. Two issues are presented for review. First, does the volun

In these back-to-back appeals we decide whether plaintiffs' misrepresentation claims against various insurance and other professionals are preempted under 29 U.S.C.A. §1144(a), the preemption provision of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§1001 to -1461. Plaintiffs, small business entities and their principals, assert that certain defendants misrepresented t

In a class action accusing a federally chartered savings association of committing unfair business practices, the trial court found that federal law preempts the plaintiffs' claim and entered judgment in favor of the defendant. The plaintiffs appeal. Finding that the trial court's belief that the action was preempted was mistaken and that the defendant has not demonstrated any other ground on

This case arises out of a soured real estate transaction. In 1993, Gary Tenney ("Tenney") brokered a transaction whereby Parking Concepts, Inc., ("PCI") would acquire an airport parking lot. PCI later alleged that Tenney misrepresented the property tax liability for the lot and sued for fraud, negligent misrepresentation, and breach of lease.

3 Although fraudulent conduct was not an insur