Plaintiffs retained defendants in October 1999 to represent them in criminal cases filed in the New Mexico state court (Second Judicial District Court, County of Bernalillo). Plaintiffs were charged with aggravated battery, conspiracy, and tampering with the evidence, with possible firearm enhancements. Mr. Kennedy was to defend Carlos Diaz; Ms. Han was to defend Myrna Diaz. Defendants charged pla

Plaintiff Craig McDonald appeals from the district court's order dismissing for failure to state a claim his lawsuit against Defendants Southern Farm Bureau Life Insurance Company, et al. ("SFBL") alleging, inter alia, a violation of the Federal Insurance Contributions Act ("FICA"), 26 U.S.C. § 3101, et seq. Because FICA is silent as to whether an employee can sue his employer for the proper payme

This appeal arises out of protracted litigation concerning the development of certain real property in Danbury known as Robinwood Terrace. The trial court granted the defendants’ motion for summary judgment, determining, as a matter of law, that the plaintiff’s claims are barred by several statutes of limitation.

The plaintiff, Quickpower International Corporation, appeals fr

Jason and Diane Sweet, in one issue, appeal the trial court's decision to exclude their evidence of attorneys' fees. In four cross-points, appellants Charles and Jo Ellen Stephenson argue the trial court erred by granting summary judgment in favor of the Sweets on their negligence, Deceptive Trade Practices Act (DTPA), fraud, and breach of contract claims. We affirm in part and reverse a

1. Nick Ladopoulos appeals from a summary judgment dismissing his claims for intentional misrepresentation, tortious interference with a prospective contract and breach of the covenant of good faith and fair dealing against PDQ Food Stores, Inc. In addition, Ladopoulos challenges the circuit court's decision limiting his damages on his breach of contract claim to $10,000, and declining to award hi

On 4 January 2001, plaintiff filed a complaint alleging fraud, negligent misrepresentation, and unfair and deceptive trade practices by the defendants. He alleged that, in January 1990, defendant Parks, an agent of defendant Northwestern Mutual Life Insurance Company (Northwestern), attempted to sell plaintiff a life insurance policy from Northwestern. He further alleged that defendant Parks orall

1. This attorney disciplinary matter involves an attorney's misrepresentation of fact during oral argument to this court, in violation of SCR 20:3.3,1 which imposes upon attorneys the obligation of candor toward the tribunal. We emphasize at the outset that an attorney's duty of candor toward the tribunal is central to the truth-seeking function of any court, including, obviously, this one. Oral a

The district court in this case entered a controversial (and arguably incorrect) judgment. See Karak v. Bursaw Oil Corp., 147 F. Supp. 2d 9 (D. Mass. 2001). The defendant eschewed an appeal. Later, he moved for relief from the judgment on grounds of newly discovered evidence, Fed. R. Civ. P. 60(b)(2), and misrepresentation, Fed. R. Civ. P. 60(b)(3). The district court denied the motion. Finding th

Appellants Richard and Kimberly Simons (the "Simonses") appeal the district court's decision compelling arbitration and enjoining prosecution of their state-court action against Great Earth Companies, Inc. and Great Earth International Franchising Corporation (collectively "Great Earth"), which alleged various claims arising from a franchise agreement between the Simonses and Great Earth. On appea

Plaintiff filed a complaint against defendant Aurelio MercedSee footnote 11 on November 22, 1993, alleging negligence for injuries arising out of a motor vehicle accident. On June 8, 1995 mandatory arbitration was held and defendant was found 100% liable. Damages were assessed at $225,000. Defendant appealed the arbitrators' award. On August 11, 1995 summary judgment was granted in favor of plaint

{1} Public Service Company of New Mexico (PNM) appeals from the trial court's $31,000 judgment in Appellee Richard Kerschion's favor. Kerschion claimed that PNM, by its representatives, negligently misrepresented the terms of a severance package offered to him as an incentive to leave PNM's employ, and in addition, breached contract terms, inflicted emotional distress, and committed a prima fac

This is a dispute between the plaintiff, John A. Cookson Company, and the defendants, New Hampshire Ball Bearings, Inc. (NHBB) and NMB Corporation (NMB), relating to the breach of certain sales representative agreements. The plaintiff appeals decisions of the superior court requiring arbitration of its claims against the defendants and upholding the arbitrator’s award. We affirm in part, rev

The plaintiffs, Alexander MacMillan, Trustee of the Dickson Family Irrevocable Trust, and Tracy and Patricia Dickson, appeal, and defendant Brackett L. Scheffy cross-appeals, rulings of the Superior Court (Manias, J.) in this action arising out of a sale of real estate. We reverse and remand.

The jury could have found the following facts. In 1987, defendants Stephen and Karen Toy bought a fi

Respondent represented a client in a real estate transaction. Respondent accepted $699,210.59, which he was to hold in escrow for the transaction. Instead, respondent deposited a majority of the funds into a personal account and disbursed a portion of the funds to a third party.

Thereafter, respondent, on behalf of his client and relative to the real estate transaction, presented Carolina Fi

GE Marquette Medical Systems, Inc. (GE) appeals from an adverse jury verdict in this diversity action. Having carefully reviewed the briefs, record, and arguments of counsel, we are satisfied the district court* correctly applied state law, and the challenged rulings do not require reversal. Because the parties' submissions show they are thoroughly familiar with the issues before this court, we

We address here claims arising from a letter sent and statements made by Alyeska Pipeline Service Company during negotiations for a proposed three-way transaction involving Alyeska, Sea Hawk Seafoods, Inc., and Valdez Fisheries Development Association, Inc. Because Valdez Fisheries’ complaint against Alyeska did not state a claim on which relief could be granted, we hold that it was not

[3] Lee and Evelyn worked for Farmers Cooperative Association (Farmers Co-op) in Gillette. Lee was the general manager, and Evelyn was a bookkeeper. Ms. Carver operated an H&R Block tax service franchise (Gillette H&R Block) in Gillette.

[4] In 1982, Lee became involved in a trucking company known as Whelchel Trucking with his brother-in-law, Ernie Whelchel (Ernie). Ernie was married to Lee&#

This action is related to a suit Steve and Bonnie Thompson (the Thompsons) filed against the Lippincotts in the Circuit Court of Greene County, Missouri. The Thompsons sued the Lippincotts for fraud and recision, alleging the Lippincotts intentionally and negligently concealed structural damage to a house they sold to the Thompsons. Before listing the house for sale, the Lippincotts patched a

In May 1998, the City of Riverview, Michigan hired ABC Janitorial Services, Inc., a Michigan corporation, to perform janitorial work in the City's offices. On July 23, ABC sent a letter to the City's accounts payable office stating that payments on all future ABC invoices must be made to American Factors in Dallas, Texas. The letter further stated that if the City had any questions about the arran

1. David J. Kohlmann, his wife Jane, and their corporation, Kohlmann Tool & Design, Inc. (Kohlmann), appeal from a judgment confirming a jury verdict awarding Jeffrey Schwigel and his corporation, Classic Tool & Machine, Co. (Schwigel), a total of $562,000 in compensatory and punitive damages. Kohlmann argues that the form of the verdict was improper because it asked a single damage question relat

In this action alleging, inter alia, fraud in the inducement of an automobile lease, plaintiffs appeal from summary judgment granted in favor of defendant Massey Chevrolet (Massey) on their complaint for damages for fraud and violations of the Consumer Legal Remedies Act (Civ. Code, § 1750 et seq.), and for injunctive relief for unfair competition under Business and Professions Code section 17

1 Defendant/Appellant, Cherokee Nation Industries, Inc. (CNI), seeks review of the trial court's order granting judgment against it in an attorney fee dispute with its former attorneys. We affirm because the trial court's order is not against the weight of the evidence or contrary to law.

2 Plaintiff/Appellee, Pezold, Richey, Caruso, & Barker (Firm), is a law firm in Tulsa. CNI hired Firm in

UnknownJoan Glatthorn and Joseph Lasensky appeal from the order of the United States District Court for the Eastern District of Pennsylvania granting judgment on all counts in favor of defendant, Independence Blue Cross, at the conclusion of a bench trial. For the reasons that follow, we will affirm.

I.

As we write only for the parties, we need not reiterate the facts relevant to t

This appeal arises out of a putative class action against Ford Motor Company relating to two allegedly defective components in the transmissions installed in Ford vehicles during the 1990-1995 model years. Asserting that Ford knew about the defective parts since at least 1991, appellants sued for breach of express warranty, breach of implied warranty, fraudulent concealment, and

1. This case involves an allegation of clerical error in a jury verdict. Grice Engineering claimed in a post-trial motion that the jury foreperson inadvertently wrote "$2400.00" as the answer to a verdict question when the jurors had actually agreed on $24,000.00. The trial court received evidence, concluded that Grice Engineering had met its burden of proving clerical error, corrected the verdict