This case requires this court to determine which limitations period applies in a civil action seeking damages for the death of a person killed by a defective product. The trial court examined the statute specifying a three-year limitation period for wrongful death actions and the statute providing for a two-year limitation period for product liability actions, and concluded that the two-year perio

Jeffrey A.Z. Hilligoss (respondent), a former employee of appellant Cargill Financial Services Corporation (CFSC),[1] was terminated in September 1997 based on Cargill’s determination that he was responsible for significant investment losses to the company and that he failed to meet performance expectations. Respondent sued Cargill seeking, among other things, the unpaid portion of his 1996

[1] Sun Insurance Company of New York{1} (n/k/a Chubb Indemnity Insurance Company) appeals from the denial of its motion for a judgment as a matter of law following the entry in the Superior Court (Kennebec County, Marden, J.) of judgements against it in favor of the plaintiffs, St. Francis De Sales Federal Credit Union, Winslow Community Federal Credit Union, Taconnet Federal Credit Union,

This case began as a wrongful death action, but has detoured into a procedural thicket. It was commenced on August 31, 1998 by Plaintiff/Appellee Sondra McCurry, who alleged that her son, Frank E. Turner, died as a result of the negligence of the Defendant/Appellant hospital, medical group, and physicians. McCurry alleged in her complaint that the case fell within the federal courts' diversity jur

Plaintiff Philip J. McConkey brought this action alleging that in 1996 he was fraudulently induced by defendant Alexander & Alexander Services, Inc. (A&A), an international insurance brokerage company to leave his position with Ross & Company (Ross), an insurance brokerage company in Montclair, to accept a position at A&A as its Director of Insurance Services Practice for Greater New York. Seven m

The parties to the case are Terence T. Bourke and Nicholas Patterson, the plaintiffs, and Western Business Products, Inc., Lester Scarbrough and Jack Roberts, Jr. the defendants. The parties admit that on 08/24/99, the parties entered into a written Stock Purchase Agreement. Plaintiffs claim that they suffered damages when defendants repudiated the Stock Purchase Agreement by notifying plaintiff

This case deals with the aftermath of failed negotiations between Schaller Telephone Co. (Schaller) and Golden Sky Systems, Inc. (Golden Sky) for the sale of Schaller's rights to provide DirecTV satellite television services in four northwest Iowa counties. Schaller sued Golden Sky for fraudulent nondisclosure, breach of contract, and fraudulent misrepresentation. Golden Sky counterclaimed for

The principal question in this appeal is whether South Carolina's highest court would hold a professional appraiser liable to a third party for negligent misrepresentation, under South Carolina common law, in the event the third party detrimentally relied upon the professional appraiser's materially inaccurate and negligent appraisal of the "as is" market value of a parcel of real property. Ba

John Reeves developed an idea to build a visitor center at a turnout overlooking the Trans-Alaska Pipeline near Fairbanks. He described his idea to Alyeska's Fairbanks manager, Keith Burke, in return for Burke's promise not to use the idea without allowing Reeves to participate in its implementation. Yet Alyeska subsequently ceased dealing with Reeves and proceeded to build the visitor center o

This appeal presents the question of whether, under Florida law, it is too speculative for a jury to award damages for future unearned commissions to an employee whose contract has been repudiated by his employer. We hold that, where it is unclear whether the employee would have received the commissions under the contract, it is too speculative for a jury to award compensation for the lost commiss

Kos Pharmaceuticals, Inc. (Kos) is a pharmaceutical company that develops and markets prescription drugs. Kos completed an initial public offering of its common stock on March 12, 1997, selling 4,772,500 shares at $15 per share. From October 21, 1997, to October 24, 1997, Kos completed a secondary offering of its common stock. On October 21, 1997, Kos filed the prospectus and registration statemen

Plaintiff-Appellant Hartsel Springs Ranch of Colorado, Inc. ("HSR") appeals from the dismissal of its suit against Defendant-Appellee Bluegreen Corporation. The district court ruled that the suit violated the rule against claim-splitting, and that it was an improper attempt to circumvent its orders in a separate pending suit between the same parties. Because the two lawsuits were brought on behalf

GE Capital Small Business Finance Corporation appeals from the court's judgment in favor of Louis J. Rasse on Rasse's breach of contract and fraudulent misrepresentation claims and on GE's counterclaim for misrepresentation. Rasse cross-appeals. GE raises five points on appeal, arguing that the court erred in: 1) submitting Rasse's claim for breach of contract to the jury, in denying GE's motions

Frank and Harriett Smith (the "Smiths") appeal the district court's dismissal of their claims for fraud, negligence, wantonness, or willfulness, and outrage against the United Parcel Service ("UPS") and Pamela Burnett Marlow ("Marlow"), a UPS delivery person. The district court dismissed the Smiths' claims as preempted by the Carmack Amendment, 49 U.S.C. § 14706 (1994). We agree with the distri

UnknownBarry Dickemann ("Appellant") brought suit against Millwood Golf & Racquet Club, Inc. and Keith Keltner Corporation (collectively, "Respondents") for rescission of a contract. Specifically, Appellant sought the return of a membership fee of $5,750 and dues of $2,874.36 from Millwood Golf & Racquet Club, Inc. ("Millwood"). Appellant alleged he had been fraudulently induced to purchase a memb

In this collection action to enforce a negotiable promissory note, the substitute plaintiff, CadleRock Joint Venture, L.P.,1 appeals from the judgment of the trial court rendered in favor of the defendant, Gary R. Ginsberg. The plaintiff claims that the court improperly (1) denied its motions to direct a verdict in its favor, to set aside the verdict for the defendant and to render judgment

GE Capital Small Business Finance Corporation ("GE") appeals from the trial court's judgment in favor of Louis J. Rasse on Rasse's breach of contract and fraudulent misrepresentation claims and on GE's counterclaim for misrepresentation. Rasse cross-appeals. GE raises five points on appeal. GE's first point on appeal is that the trial court erred in submitting Rasse's claim for breach of contract

Jerry's Homes, Inc., (Jerry's) is a tract builder of single family homes. Jerry's filed a complaint alleging diversity of citizenship, alleging damages stemming from defective shingles manufactured by Tamko Roofing Products, Inc. (Tamko) and installed on homes built by Jerry's. Jerry's sought recovery based upon theories of fraud and promissory estoppel. Tamko filed a summary judgment motion s

The plaintiff, Suffield Development Associates Limited Partnership, appeals from the judgment of the Appellate Court affirming the trial court's judgment in favor of the defendants, National Loan Investors, L.P. (National), the law firm of Berman and Sable, and attorney James W. Oliver.1 Suffield Development Associates Ltd. Partnership v. National Loan Investors, L.P., 64 Conn. App. 192, 19

Appellant Robert V. Sparks appeals from the district court's grant of summary judgment in favor of the defendants, Fidelity National Title Insurance Company ("Fidelity") and Nations Title Insurance Company of New York ("Nations"). (1) Sparks, a real estate broker doing business as Watermark Properties, sued the defendants for failing to compensate him for his efforts on their behalf to sell certai

Georgette Tiller appeals from the district court's denial of her motion for relief from judgment under Rule 60(b) of the Federal Rules of Civil Procedure. The motion alleged several grounds for relief, among them discovery misconduct and fraud. The district court denied the motion and later rejected Tiller's request for reconsideration. Tiller challenges both decisions. We affirm.

I.

This action is brought under sections 10(b) and 20 of the Securities Exchange Act of 1934 ("Act"), 15 U.S.C. §§ 78j(b) and 78t, and Rule 10b-5 of the Securities Exchange Commission, 17 C.F.R. § 240.10b-5 ("Rule"). The plaintiffs ("investors") allege violations of the Act and Rule on behalf of a class of investors who bought Navarre stock between November 25, 1998, and July 26, 1999 (the "class

The Estate of 6-year old Sergio Jimenez II ("young Sergio") commenced this product liability action against DaimlerChrysler Corporation ("DaimlerChrysler"), alleging that DaimlerChrysler negligently designed the rear liftgate latch on its 1985 model Dodge Caravan, permitting it to open during an accident. As a result of an accident on April 10, 1994, young Sergio was thrown from a 1985 Dodge Car

William P. Moore, III, contacted Bruce Bird, an engineer, regarding his ability to design a bridge that would meet Moore's needs. Moore sued Bird Engineering Company, P.A., (Bird Engineering) alleging defects in Bird's design for a bridge built on Moore's residential property. After a bench trial, the district court entered judgment in favor of Moore. The district court found against Bird Engineer

We are presented in this appeal with an intra-family dispute concerning the validity of the last will and testament of Isidore Sisko (also referred to herein as the "decedent"), a late resident of Jackson Heights, New York. In that testamentary instrument-which was admitted to probate in 1994 by the New York State Surrogate's Court for Queens County (the "Surrogate's Court")-Isidore Sisko bequeath