Plaintiffs, David J. and Patricia F. Kleczek, sued defendants, Robert Jorgensen, Jr., and Anne Marie Jorgensen, for allegedly inducing them, through fraudulent misrepresentations, to buy a house and for breaching express and implied warranties. After a bench trial, the trial court entered a judgment in plaintiffs' favor on their claims of common-law fraud, statutory fraud under the Consumer Fraud

State Farm Mutual Automobile Insurance Company appeals the district court’s judgment entered upon a jury verdict of approximately $9.6 million dollars arising from a complaint of bad faith in the handling of a claim by its insured, Cindy Robinson. The Court issued an opinion in this case on December 28, 2000 (Robinson I). State Farm Mutual Automobile Insurance Company petitioned the Cour

Appellant James I. Wynn brought this action for fraud in the courts of New York in 1993, alleging that Charles Volo, the personnel supervisor for hourly employees at AC Rochester, made certain false representations to Wynn concerning Wynn's right to unemployment benefits under a collective bargaining agreement ("CBA") between General Motors Corporation ("GM") and the United Automobile, Aerospace a

David King appeals from the March 28, 2001 Order of the United States District Court for the Eastern District of New York (Trager, J.), denying King's motions to vacate the court's 1998 final judgment (which was previously affirmed by this Court), and to recuse the district judge.

A

In 1994, while he was employed by the Triborough Bridge and Tunnel Authority ("TBTA"), King filed a complaint,

Plaintiffs-appellants L.W. Packard & Co. ("Packard") and Cashmere & Camel Hair Manufacturers Institute (the "Institute") appeal from the district court's entry of partial summary judgment dismissing their false advertising claims under the Lanham Act, 15 U.S.C. § 1125(a), and Massachusetts state law. In particular, Packard challenges the dismissal of its claims for money damages, while the Institu

Pursuant to two 1978 coal leases and a permit issued by the Texas Railroad Commission, Northwestern conducts a lignite-mining operation known as the Jewett Mine. Northwestern sells the lignite to Houston Lighting and Power Company (HL&P) under a contract that designates Northwestern as HL&P's exclusive supplier of lignite for a nearby power plant in Freestone County.

TCA purchased in 1991 the fe

In this lawyer disciplinary proceeding, the Oregon State Bar (Bar) charged Nikolaus Albrecht (the accused) with four counts of violating Disciplinary Rule (DR) 1-102(A)(2) (prohibiting criminal act that reflects adversely on honesty, trustworthiness, or fitness to practice law) of the Code of Professional Responsibility, four counts of vi

Phoenix Controls, Inc. and Emergent Financial Corp.1 appeal a judgment entered on Phoenix's claims against Eisenmann Corporation, which cross-appeals the judgment. A jury awarded Phoenix $946,825 in damages for Eisenmann's intentional misrepresentation regarding payment for work Phoenix performed on a construction project for which Eisenmann served as the prime contractor. Eisenmann contends that

The principal questions in this appeal are whether a commercial general liability insurance policy creates a duty to defend and covers a claim for a negligent misrepresentation made by the insured. In the underlying action, a real estate developer, GSDS, LLC (hereafter GSDS), filed a seven-count petition against the other respondent, Herman C. Kempker Construction Company (hereafter Kempker or the

The trial court rendered judgment against the defendant, Dominick Digilormo d/b/a Twin City Exterminating Company, Inc. (Twin City), finding that the company, hired to do a termite inspection pursuant to the sale of the house, failed to reveal old termite damage. Twin City was found liable in solido with the seller of the house, Irma Ferguson Tillman Cobb. Mrs. Cobb was ordered to pay $50,000

Beathard Joint Venture, formerly known as BPB Joint Venture, appeals the trial court's judgment in favor of The West Houston Airport Corporation and Woody Lesikar. The Airport owns and operates a general aviation airport located west of Houston. The Airport's facilities are open to the public and accommodate aircraft ranging from single engine planes to turboprops and business jets. As part of an

In a case involving an insurance claim for damages caused by the 1994 Northridge earthquake, the United States Court of Appeals for the Ninth Circuit certified the following question to this court: “Where an insured presents a timely claim to his insurer for property damage under a policy, and the insurer’s agent inspects the property but does not discover the full extent of covere

Following a jury finding for Kenneth Coffel on claims for fraud and breach of contract, Magistrate Judge Albright's ruling on Stryker Corporation's Rule 50(b) motion reversing the fraud finding and upholding the breach of contract finding, and Magistrate Judge Austin's award of attorneys' fees, both parties appeal portions of the district court's judgment. Coffel contends on appeal that the distri

Defendant Centura Bank, (hereinafter “Centura”), appeals from an interlocutory order compelling certain discovery. Because we conclude that this discovery order does not affect a substantial right of Centura, we dismiss the appeal.

Plaintiff filed a complaint on 26 April 1999 seeking compensatory and punitive damages, treble damages and injunctive relief for fraud, misrepresentation

The defendant, Trinity College, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Leslie Craine. The plaintiff, who had been denied tenure by the defendant, brought this action claiming age discrimination in violation of both the Age Discrimination in Employment Act, 29 U.S.C. § 623, and General Statutes § 46a-60, sex discrimination in vio

In 1980, Victor Bracher executed a note with First City Bank – Inwood Forest, N.A., secured by a Deed of Trust covering eight tracts of land in Harris County. Two years later, Victor and his wife, Louise, established three trusts, each named for one of the couple’s three children: the Antoinette Bracher Lawrence Trust, the Barbara K. Bracher Trust, and the David A. Bracher Family T

Plaintiff ADCS, Inc. (ADCS) appeals the district court's grant of summary judgment to defendant Rollie O. Kimbrough, Jr. (Kim- brough) on its fraud, constructive fraud, unjust enrichment and con- version claims arising out of a contract between ADCS and MCSI Technologies, Inc. to provide technology services and equipment to the government. Defendant Kimbrough cross appeals an earlier order o

Plaintiff is the beneficiary of a life insurance policy that her husband had with defendant. Defendant refused to pay plaintiff the amount owed under the policy when her husband died, on the ground that her husband had materially misrepresented his medical condition in his insurance application and that the misrepresentation relieved defendant of the obligation to pay the benefits that were otherw

Robin Orr ("Orr") appeals the district court's grant of summary judgment in favor of Bank of America ("BOA"). The district court found that most of the evidence submitted by Orr in support of her opposition to BOA's motion for summary judgment was inadmissible due to inadequate authentication and hearsay. It held Orr had failed to present any admissible evidence to raise a triable issue of m

We find that the evidence proves the facts set out below by clear and convincing evidence. The accused became a deputy district attorney in Clackamas County in 1981. In 1992, two preschool-aged girls accused a teenage boy in their neighborhood (the juvenile) and his parents of molesting them. The Clackamas County District Attorney's office filed a juvenile delinquency petition against the juvenile

Products liability, negligence and fraudulent misrepresentation relating to injuries and damages sustained by a bank teller during an armed robbery. The plaintiff claimed that the security system installed at the United Southern Bank branch where she worked was defective and unreasonably dangerous because the VCR was not located in a secure area and that the system did not panic buttons.

Defe

The plaintiffs, seven Dartmouth College alumni, appeal dismissal of their petition for declaratory judgment and injunctive relief. They argue that the Trial Court (Fitzgerald, J.) erred in ruling that: (1) the plaintiffs failed to allege sufficient facts to maintain a cause of action for misrepresentation; (2) no fiduciary duty existed between the trustees of Dartmouth College and individual alumn

Dismissal under Rule 12(b)(6) is proper when "taking the allegations of the complaint as true, and viewing them liberally, giving plaintiffs the benefit of all inferences which fairly may be drawn therefrom, 'it appears beyond a doubt that the plaintiff[s] can prove no set of facts in support of [their] claim which would entitle [them] to relief." Bogosian v. Gulf Oil Corp 561 F.2d 434, 444 (

1 Plaintiffs/appellants William and Tamara Dillon asserted causes of action for breach of express warranty, misrepresentation, and strict product liability arising from damage to their alfalfa crop allegedly caused by Eptam-7E, an herbicide manufactured by defendant/appellee Zeneca Corporation, sold by defendants/appellees United Agri Products and United Horticultural Supply, and recommended b

This appeal involves several issues arising under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 - 12213. Specifically, we hold, first, that in a case tried to a jury, the court decides whether the plaintiff has identified "impairments" and "major life activities" recognized under the ADA, but that the jury decides whether the plaintiff has demonstrated by a preponderance of the evi