Plaintiffs Morcos S. Azer and his now-moribund company, Doctor's Medical Laboratory, Inc. ("DML"), bring this 42 U.S.C. § 1983 action against defendants Kathleen Connell, California's elected State Controller; John Chen, Chief of the Audits Division of the California Controller's office at all times relevant to this appeal; and Steven Fujimori, an audit manager in the Controller's office at

UnknownThis case involves causes of action for breach of contract, fraud and interference with economic relations, arising out of contracts for the purchase of exclusive rights to music compositions. The trial court granted defendants' motion for judgment on the pleadings on the ground these state law causes of action were preempted by federal copyright law. We conclude that such state law cau

Plaintiff Bobbie Jo Wallis brought an action against defend Princess Cruises, Inc., and others for damages based on the death of her husband, who drowned off the coast of Greece after falling in an undetermined manner from defendants' cruise ship. The district court granted defendants' motions for summary judgment, with the exception of plain-tiff's Death on the High Seas Act ("DOHSA") claim,

1 In this action contesting the terms and legal efficacy of a "Hunting Lease", Appellant, Robert Morrow (Morrow), appeals from [1] the trial court's judgment ordering the agreement cancelled, and [2] the trial court's denial of Morrow's post-trial Request for Stay of Enforcement of Judgment. We find no error in either determination and affirm.

BACKGROUND FACTS

2 On July 16,

In this subrogation action, defendant, Pinnacol Assurance, appeals the trial court's order which denied its motion to dismiss and held that the claims of plaintiff, GEICO General Insurance Company, seeking recovery of PIP benefits are not barred by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S. 2001 (CGIA). We affirm.

In March 1999, GEICO's insured was involved in an au

This is an appeal from the district court’s judgment denying Richard and Deborah Lindberg’s (“Lindbergs”) claim for fraud and breach of express warranty related to the purchase of a home.

I.

FACTUAL AND PROCEDURAL BACKGROUND

This case involves the purchase and sale of a home in Coeur d’Alene, Idaho. The purchasers, the Lindbergs, claim that the sellers, Henr

Arwen Bird ("Bird") appeals the judgment in favor of Lewis & Clark College and a number of school administrators (collectively, "the College"). Bird alleges, among other claims, that the College discriminated against her on the basis of disability, in violation of the Rehabilitation Act ("Rehab Act"), 29 U.S.C. § 794 et seq., and Title III of the Americans with Disabilities Act ("ADA"), 42 U

Dr. Rand is a family physician with a practice in Hollywood, Florida. In 1974 and 1975, Dr. Rand purchased two "total disability" insurance policies from Sun Life Insurance Company of America. The policies were later reinsured by NFIC on an indemnity basis. From 1976 to 1980, and again from 1986 to 1991, Dr. Rand collected benefits and stopped paying premiums due to heart attacks that prevented hi

The plaintiffs, Lisa Macomber and Kathryn Huaman, the custodian for Joshua Adickes,1 appeal2 from the judgment of the trial court rendered in favor of the defendants, namely, Travelers Group, Inc. (Travelers Group), Travelers Property Casualty Corporation (Travelers Casualty), Travelers Equity Sales, Inc. (Travelers Equity), Travelers Life and Annuity Company (Travelers Annuity), and Salomo

The defendants, Harco International, LLC (Harco), and Christopher Komondy, appeal from the judgment of the trial court rendered in favor of the plaintiffs, Harold Cohn and Company, Inc. (Cohn), Prairie Dog Trading Company, Inc. (Prairie Dog), and Robert W. Dickerson. On appeal, the defendants claim that the court improperly (1) admitted evidence in violation of the parol evidence rule and (

This is a medical malpractice case, brought in 1995, for the deaths of two Massachusetts General Hospital (MGH) patients in 1961. The plaintiffs sued the doctor and institutions responsible for treating their decedents, Eileen Sienkewicz and George Heinrich, who suffered from a terminal form of brain cancer, with an experimental treatment known as boron neutron capture therapy (BNCT). BNCT proved

Plaintiff, M.M. Knepper, appeals from the trial court's entry of an ORCP 67 B judgment after the court granted defendant US West Dex's motion for summary judgment against plaintiff's claims of fraud and conspiracy to commit fraud. (1) The gravamen of those claims is that defendant culpably published a Yellow Pages advertisement that misrepresented a physician's qualifications to perform liposuctio

Fraud and breach of contract claims by the government of Aruba against Rafael A. Sanchez relating to a plan to create an Caribbean motorsports complex on the island nation. Aruba also sought an accounting for some $4 million paid to Mr. Sanchez.

Sanchez counterclaim for beach of contact, negligent misrepresentation, breach of fiduciary duty, beach of a letter of intent and breach of a precont

Capitol Life and Accident Insurance Company (Capitol), appeals the denial of its claim for rescission of three credit-life policies issued to the late Lincoln Phelps and a subsequent judgment in favor of Phelps's widow, appellee Lela Phelps. This is the third time this case has been before us. On the first occasion, we reversed a circuit court jury verdict in favor of appellee and instructed that

Plaintiffs Craig and Kayla Ogborn sued the City of Lancaster (City) and individual city officials for various claims arising out of the City’s demolition of their rented home and its contents as part of a nuisance abatement program. The trial court granted summary judgment in favor of all defendants on the ground of qualified governmental immunity. We reverse the judgment in part and affi

Rutten was an employee of the Defense Accounting and Employment Service. On June 7, 1994, he underwent his routine physical at the Federal Occupational Health Service Facility (the Health Service). The examination included the taking of a chest x-ray at the Military Enlistment Process Station (the Process Station), a unit of the Department of Defense, which had a contract to read a limited num

Hatch was injured while bungee-jumping at a fair in St. Louis in 1993. Following a trial and appeal in the Missouri state courts, the case settled when TIG Insurance Company agreed to pay Hatch $6,180,000 in satisfaction of his claims against Northstar Entertainment and V.P. Fair Foundation. Northstar and V.P. were insureds of TIG, under a policy managed by K&K Insurance Group. * * * Hatch sub

Tyson Foods, Inc., appeals a judgment entered on a jury verdict in Franklin County Circuit Court finding Tyson liable to Don Davis for $891,660 in damages. The trial judge gave instructions to the jury on fraud, promissory estoppel, and negligence, and the matter was submitted to the jury on these issues on a general jury verdict form. Tyson alleges the fraud and promissory estoppel causes of acti

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 Clifford

The beneficiary of a life insurance policy contends that the insurer cannot rely on claimed misrepresentations in the insured's application because a "true copy" of the application was not attached to the policy. The district court rejected this argument and so do we.

I. Background Facts and Proceedings

The facts are essentially undisputed. Timothy McCaughey purchased a life insu

We address whether an insurance agent's statement that a homeowner's policy affords Afull coverage@ is an affirmative misrepresentation when that policy excludes flood damage. Appellant, Kathleen Manion, bought a homeowner=s policy through Carl Arnold, independent agent for appellee, Financial Guardian of Texas, and issued by appellee, Security National Insurance Co. Arnold stated the policy was

Nebraska Beef, Inc. (Nebraska Beef) appeals from a judgment entered against it following the bench trial of a breach of contract action. Nebraska Beef claims: (1) the trial court abused its discretion in denying Nebraska Beef’s request to reopen discovery or for a continuance of the trial; (2) insufficient evidence supports the findings on causation and damages; and (3) the court exceede

Earl D. Hartley and Eileen Hartley (defendants) appeal a judgment in an action for fraudulent misrepresentation brought by Artilla Cove Resort, Inc., Berton R. Leman and Gwendolyn A. Leman (referred to, collectively, as "plaintiffs"). This court affirms.

This case was tried before the court without a jury. Appellate review is undertaken pursuant to Rule 84.13(d). The judgment will be affirmed

National Western Life Insurance Co. ("National") brings this interlocutory appeal challenging the trial court's order certifying a class action. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2002). National contends that the trial court abused its discretion in certifying the class because the appellee, Ella Mae Rowe, failed to satisfy certain requirements for class certification

This case involves a commercial enterprise's liability for a murder committed at its restaurant. After the plaintiffs had completed their case-in-chief, the trial court granted nonsuit. In essence, it found no duty because the murder was unforeseeable. The events occurred during the late evening of May 11, 1996, at Shakey's Pizza Restaurant on Sunset Boulevard in Hollywood.1 Carlos Alvarez wen