Plaintiff-Appellant Francis J. Carroll brought suit against, inter alia, his former employer, Xerox Corporation, alleging (1) disability discrimination in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, and the Massachusetts anti-discrimination statute, Mass. Gen. Laws ch. 151B, § 4, and (2) various state common law claims. The district court dismissed the common

In this consumer fraud case, we examine the relationship between Illinois' Motor Vehicle Leasing Act (Leasing Act) (815 ILCS 636/1 et seq. (West 2000)) and the federal Truth in Lending Act (TILA) (15 U.S.C. §1601 et seq. (2000)). The question we consider is whether the holder of a consumer lease is subject to state law claims for misrepresentations made by the lessor to the consumer that are not a

The Red Willow County District Court granted summary judgment in favor of Brian Altaffer and against Majestic Roofing, LLC (Majestic), and Dennis Jones in the amount of $36,500 plus postjudgment interest and costs. Majestic and Jones timely filed this appeal.

SCOPE OF REVIEW

[1] Summary judgment is proper when the pleadings, depositions, admissions, stipulations, and affidavit

The question presented by this case is whether one cocounsel may sue another for breach of fiduciary duty on the theory that the latter's malpractice in handling their mutual client's case reduced or eliminated the fees the former expected to realize from the case. There is a split of authority on this question. Pollack v. Lytle (1981) 120 Cal.App.3d 931 (Pollack) recognized such a fiduciary d

Plaintiff Olga Garcia appeals from part of a final order of judgment entered in the Law Division, Special Civil Part, following a bench trial on her complaint filed against "Budget Car & Truck Rental" (Budget)See footnote 22 and respondent-defendant L&R Rental, Inc. (L&R) a foreign corporation. The complaint contained the following counts: consumer fraud under N.J.S.A. 56:8-2; unlawful practice u

This case is before us on a report of a division of the Iowa Supreme Court Grievance Commission. The Commission found N. Leroy Walters violated the Iowa Code of Professional Responsibility by neglecting client matters, engaging in misrepresentation, and failing to respond to inquiries from the Iowa Supreme Court Board of Professional Ethics and Conduct. It also found Walters violated a supreme c

On April 3, 1998, Leonard P. Scott was admitted to the Hospital for emergency treatment of severe burns Scott sustained after falling or walking into a bonfire. He remained hospitalized until his death on April 21, 1998. During that time, the Hospital rendered medical services and provided goods to Scott valued at $151,522.12. At all relevant times, Scott was a participant in the Associates' He

1. This is an appeal and cross-appeals from judgments entered on a jury verdict. The jury awarded damages to Digicorp, Inc., for Ameritech Corporation's breach of contract and intentional misrepresentation, to Bacher Communications, Inc., for Ameritech's intentional misrepresentation, and to Ameritech for Digicorp's breach of contract.1 All three parties appeal and cross-appeal various aspects of

New Florida entered into a demolition contract with GCI for removal of certain structures from New Florida's property. After the work was completed, there was a dispute as to the payment of the contract balance and the interest totaling approximately $114,000. New Florida and GCI entered into an escrow agreement to set aside the unpaid balance of the contract from which an undetermined damag

Mr. Jarvis signed an agency agreement with American National Insurance Company (ANICO) on December 30, 1997. Subsequently, on January 2, 1998, Mr. Jarvis entered into an exclusive agency agreement with ANPAC. Both contracts envisioned that either party could terminate the agreement unilaterally by giving written notice to the other at least thirty days prior to the date fixed for termination. The

In this lawyer disciplinary proceeding, the Oregon State Bar (Bar) charged the accused with violating two disciplinary rules of the Code of Professional Responsibility: Disciplinary Rule (DR) 1-102(A)(2) (prohibiting commission of "a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness to practice law"); and DR 1-102(A)(3) (prohibiting lawyer from engaging "in c

This case raised the issues of whether a fraud or false swearing defense to an insurance claim can be established without proof that the insurer relied on the misrepresentation to its prejudice and whether an innocent co-insured who holds property jointly with an insured who has committed fraud is automatically excluded from coverage. We hold that the false swearing defense can be raised in t

David Severino, a volunteer investigator for the Illinois Department of Agriculture, seized three horses owned by Pamela Siebert, after having searched a barn owned by Pamela and her husband Robert. After the Sieberts got the horses back, they sued Severino under Section 1983, alleging that he violated their Fourth Amendment right to be free from unreasonable searches and seizures and d

In this action seeking indemnification for defense costs in a prior case, defendants, Marjorie E. Bender and Randall C. Bender, appeal the trial court judgment in favor of plaintiffs, Johnson Realty and Vern Johnson (collectively, Johnson). We affirm in part, reverse in part, and remand.

The Benders entered into a series of listing agreements with Johnson for the sale of their ranch. After t

Defendant Phillip Morris, Inc., is this country's largest manufacturer of cigarettes. Plaintiff is the widow and personal representative of the estate of Jesse Williams (Williams), who began smoking defendant's cigarettes in the early 1950s and continued until his death from a smoking-related lung cancer in 1997. Plaintiff brought this action to recover compensatory and punitive damages for Willia

This case arises from a medical malpractice action filed by Margaret Liborio (plaintiff) following the death of her husband, Thomas Liborio (Liborio). Plaintiff appeals from the verdict and judgment entered following jury trial, and from the trial court's denial of her motion for a new trial. For the reasons that follow, we conclude that there was no error in the jury verdict, and affirm the trial

In a letter dated May 21, 2002, to the Clerk of the Appellate Courts, respondent, Thomas Curtis Kelley, an attorney admitted to the practice of law in the state of Kansas, voluntarily surrendered his license to practice in Kansas, pursuant to Supreme Court Rule 217 (2001 Kan. Ct. R. Annot. 272).

At the time the respondent surrendered his license, a panel hearing on three separate complaints

Dairy Farmers of America, Inc. (DFA) filed a declaratory judgment action against Travelers Insurance Company (Travelers) seeking a declaration that the liability insurance policy issued by Travelers was excess over a primary policy and an umbrella policy held by Cabool Transport, Inc. and Cabool Leasing (collectively Cabool), with whom DFA had an indemnification agreement. Cabool's primary po

In 1994, the Plaintiff, Dorothy Beaver, participated in the annual Elkhart Grand Prix. The Elkhart Grand Prix was a go-kart race organized by GPKA. At some point during the race, a piece of polyurethane foam padding was torn from its base and landing one the race track. The foam padding was used by GPKA as a couse barrier. A portion of the padding struck Dorothy in the head. Another portion t

Plaintiff, M&O Insulation Company (M&O), appeals the trial court's judgment in favor of defendant, Harris Bank Naperville (Harris Bank), after Harris Bank refused to honor a check issued to M&O from third-party defendant Quality Insulation Company, Inc. (Quality). We affirm.

The following facts are taken from the record. M&O is an insulation contractor that was subcontracted by Quality in Ju

Linda St. Angelo ("St. Angelo") prevailed on claims of negligence and negligent misrepresentation regarding her purchase of a condominium against Emma P. Polk ("Polk"), the seller's real estate agent, and S.G. Billings Real Estate ("Billings"), Polk's employer. Because the value of settlements St. Angelo made with other parties exceeded the jury's actual award, the trial court ordered that, as to

In this breach of contract action, the defendant property owner, John Vuoso, appeals from the judgment of the trial court, which awarded the plaintiff broker, Levy, Miller, Maretz, LLC, a real estate commission for the lease of the defendant's commercial property. On appeal, the defendant claims that the court incorrectly awarded a real estate commission, attorney's fees and court costs to

This case presents two appeals. In appeal No. 00-6398, plaintiffs Thomas L. Wells and Nanalee F. Wells ("the Wells") appeal the district court's entry of summary judgment against them on their claims of fraud and deceit, civil conspiracy, and interference with their attorney-client relationship. In appeal No. 01-6155, the Wells appeal the jury verdict granting attorney fees to the Wells' former at

{1} In this case, certified from the Court of Appeals pursuant to NMSA 1978, § 34-5-14(C)(2) (1972), we confront two issues presented in two cases consolidated by the Court of Appeals prior to certification. First, we are asked whether federal or state law, or the terms of the 1995 or 1997 Compacts, provide the state court with subject matter jurisdiction over an action in tort brought by a non

In this putative class action, plaintiff John Szetela challenges an order granting Discover Bank’s (Discover) motion to compel arbitration. Szetela argues the arbitration agreement, to the extent it prohibits class treatment of small individual claims, is unconscionable and unenforceable. We agree and therefore issue a writ of mandate directing the trial court to strike the portion of th