The issue this case presents is whether the district court violated California law in dismissing appellant Lana Guebara's bad faith claims because there were genuine issues as to coverage. Guebara argues that the "genuine issue" rule should be limited to disputes over contractual language and California insurance law. We hold that the district court did not err in applying the genuine issue

Plaintiffs appeal from September 30, 1999 and December 21, 1999 Orders of the district court dismissing this action. These Orders were based on findings that Plaintiffs failed to state a claim upon which relief could be granted pursuant to Fed. R. Civ. P. 12(b)(6) and failed to plead fraud with particularity pursuant to Fed. R. Civ. P. 9(b). These are the subjects of Plaintiffs' appeal under Case

The complaint alleges that in or around June 1993, appellant became concerned about her financial future as the result of disputes with doctors with whom she had shared office space. At that time, appellant was engaged in a romantic relationship with Wanda Joy Woodruff. According to the complaint, appellant and Woodruff met with respondent in August 1993 and he advised them to set up a medica

Texas Soil Recycling Inc., Bobby E. Seltz, Joe E. Calvert, Lisa G. Calvert, and James J. Gilliland appeal from the district court's order granting summary judgment in favor of Intercargo Insurance Company. Plaintiffs contend that the district court erred in dismissing their claims for negligence, negligent misrepresentation, grossly negligent misrepresentation, and violation of the Texas Deceptive

Plaintiffs, Bahran Armakan and Tahereh Hooshmand, his wife, appeal the dismissal of their negligence action against defendant, Jim McLean, based on plaintiffs' allegedly fraudulent misrepresentations during discovery.

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This case arose out of an automobile accident on September 29, 1997 which resulted in injury to plaintiff Armakan’s left knee. During the discovery process, Ar

After purchasing a 32-acre parcel of land in Anne Arundel County, Maryland, Crofton Ventures Limited Partnership ("Crofton") discov- ered that a portion of the parcel had been used as a hazardous waste dump. After reporting its discovery to the Maryland Department of the Environment and cleaning up the site, it brought this action under the Comprehensive Environmental Response, Compensation,

Gabriel and Ann Martinez (individually Gabriel and Ann) brought this action against Gabriel’s former employee Scott Specialty Gases, Inc. (Scott), a Pennsylvania corporation with a facility in Fremont, California, Scott subsidiary Scott Semiconductor Gases, and Scott employee Paul Cowles (Cowles). Gabriel claimed unlawful termination in violation of public policy, defamation and misrepre

In July 1991, Prudential appointed Alpha/Omega as a "special agent," authorized to write and sell Prudential's property and casualty insurance.(1) On December 7, 1995, Prudential gave Alpha/Omega notice that it was terminating this agency relationship on December 31, 1995. Alpha/Omega immediately protested Prudential's failure to provide it six months' written notice of termination and continued r

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

Plaintiff Dave Sheldon ("Sheldon") appeals the district court's order confirming an arbitration award in favor of defendants Charles Schwab & Co., Inc. ("Schwab"), Olde Discount Corporation ("Olde Discount"), and Principal Financial ("Principal"), (collectively, the "broker-dealers"), and the district court's judgment dismissing his claims against defendants. Resolution of the case requires us to

1 UTCO Associates, Ltd. (UTCO), appeals from a judgment entered in favor of Sumerset Houseboats, Div. SMI and James E. Sharpe (collectively, Sumerset). Specifically, UTCO appeals dismissal of its promissory estoppel claim and the trial court's exclusion of evidence. We affirm.

BACKGROUND

2 Sumerset is a Kentucky corporation engaged in manufacturing and selling houseboats. James E. Sha

Breach of good faith and negligent misrepresentation claims by Bonnie Opielowski-Brouwer was fired only 13 working days after being hired in 1998 at the school for juvenile delinquents in East Haddam.

Plaintiff Dave Sheldon ("Sheldon") appeals the district court's order confirming an arbitration award in favor of defendants Charles Schwab & Co., Inc. ("Schwab"), Olde Discount Corporation ("Olde Discount"), and Principal Financial ("Principal"), (collectively, the "broker-dealers"), and the district court's judgment dismissing his claims against defendants. Resolution of the case requires us to

When one company’s fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity.

Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation (“Clearly Cana

When one company’s fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity.

Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation (“Clearly Ca

When one company’s fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity.

Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation (“Clearly Ca

1 The trial court dismissed, with prejudice, Thomas R. Hutchinson's petition for fraud and misrepresentation against individual lawyers and law firms representing Defendants/Appellees Richard Brady Pfeil and Mary Joan Pfeil in a federal lawsuit, and for negligent supervision of the lawyers by the law firm in the federal lawsuit. We agree that the petition does not state a claim upon which relief c

Brenda Meister opted out of the omnibus settlement in the silicone breast implant products liability litigation and pursued her claims in federal court in the District of Columbia. She now appeals the grant of judgment as a matter of law, or a new trial, on the ground that the district court overlooked a substantial portion of her scientific evidence and otherwise mischaracterized tha

By way of an amended complaint filed in 1992, Plaintiffs, shareholders of Cascade International, Inc., ("Cascade"), brought this securities class action against Cascade officers and directors, including Victor Incendy, Cascade's President and CEO; Bernard H. Levy, Cascade's independent auditor; Coopers & Lybrand ("C&L"), an accounting firm; Gunster, Yoakley, & Stewart, P.A. ("GY&S"), a law firm; a

National Environmental Service Company (NESCO) sued Ronan Engineering for negligence and breach of contract after Ronan failed to deliver a leak detection system for underground fuel storage tanks. The jury found no contract had been breached, and determined that while both parties had been negligent in their dealings, NESCO's negligence outweighed that of Ronan. NESCO appeals, contending the dist

(Two Hundred Sixty-Two Million Plaintiffs' Verdict Reversed) 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

Defendants, Marion G. Kaufman Trust, Jack Kaufman and Marion G. Kaufman (the Kaufmans), appeal as of right from a jury verdict in favor of plaintiff, from the trial court’s partial denial of defendants’ motion for directed verdict, and its denial of defendants’ motion for judgment notwithstanding the verdict (JNOV), new trial, or remittitur. Plaintiff, Lane Colby, cross-appea

Joany Chou appeals from the decision of the United States District Court for the Northern District of Illinois granting Bernard Roizman and Aviron Company's motions to dismiss her claims for correction of inventorship, declaratory judgment of inventorship, fraud, breach of fiduciary duty, unjust enrichment, breach of express contract, and breach of implied contract. Chou v. Univ. of Chicago, No.

[1] In these consolidated appeals we first determine the manner in which a private road, established pursuant to Wyo. Stat. Ann. § 24-9-101 et seq., is vacated. We will then analyze the effect our determination has upon the plaintiffs’ causes of action.

[2] In case number 99-256 plaintiffs/appellants Raymond and Kristina Hulse appeal the district court’s grant of summary judgmen

Defendants appeal the district court's certification of a nationwide class of owners of Glock pistols who allege that their pistols are defective in several respects. The district court certified the class after concluding that Georgia law should be applied to all the class members' claims. Because the district court erred in its choice of law analysis, and thus abused its discretion on the issue