I. INTRODUCTION

Matosantos Commercial Corporation ("Matosantos") brought suit against Applebee's International, Inc. ("Applebee's") for money allegedly owed by Applebee's to Matosantos. The district court determined that Applebee's liability to Matosantos had already been decided in a prior adjudication and thus granted Applebee's motion for summary judgment.

Subject matter jurisdictio

In connection with its closing of a manufacturing plant in Buckhan- non, West Virginia, Moore Business Forms, Inc. offered employees who were to lose their jobs a severance and benefits package in exchange for releases of claims that they might have in connection with their employment or the plant's closing. After signing the releases and receiving cash benefits ranging from approximately

These appeals involve suits consolidated for trial against Minnesota Mining and Manufacturing Company (3M), as manufacturer of silicon breast implants. The jury found 3M not liable. Appellants, Dorothy Fletcher, Susan Griffith, and Kerri Bonnette, claim the trial court impliedly directed a verdict against 3M and challenge that ruling. They also challenge the exclusion of one of their expert wit

This is an interlocutory appeal by Defendants-Appellees General Motors Corporation ("General Motors") and Delco Electronics Corporation ("Delco") of the district court's denial of their motion for summary judgment. The district court certified the appeal as one involving a question of law as to which there is substantial ground for difference of opinion and with respect to which an immediate appea

Paula Keefhaver sued Daneth and Donna Weese for fraudulent misrepresentation in the sale of a home. The Weeses filed a motion for directed verdict at the close of Keefhaver's case. The court sustained the motion and entered judgment for the Weeses. Keefhaver appeals, contending the court misapplied the law in finding that the Weeses' disclosure of material defects was sufficient and that she did n

[1] Letvin Equipment Company ("Letvin") has appealed a judgment in favor of Garth Eggl in Eggl's suit for damages arising out of Eggl's purchase of a used tractor. Eggl cross-appealed. We affirm.

[2] In November 1996, Eggl purchased from Letvin a 1985 John Deere 4850 tractor for $47,500. Letvin represented the tractor was in good working condition, and warranted it for "

[1] Frank Rose appealed from a judgment(1) dismissing his action against Standard Life and Accident Insurance Company ("Standard"), United Equitable Insurance Company ("United"), and United Equitable Life Insurance Company.(2) We conclude the district court, relying on the statute of limitations, erred in dismissing Rose's action on the pleadings, and we reverse and remand for further proceedings.

1 Appellant Tempe Elementary School District No.3 Governing Board (“the Board”) dismissed appellee Keith Johnson from his teaching position for a criminal conviction that occurred thirteen years before he was hired. Upon appeal by Johnson, the superior court reversed the dismissal. The Board then appealed to this court from that judgment. For the reasons discussed below, we find

I. Background This civil action arises out of three contracts providing for LATA's design of an e-commerce web site for Woodworker's, a seller of woodworking products through retail stores, sales representatives, and catalogs. When LATA determined that changes in site features meant that the original web site code would have to be rewritten, it submitted an additional proposal for the completi

John and Margaret Kaech sued the Lewis County Public Utility District, No. 1 (PUD), claiming "stray voltage" harmed their dairy cows. The jury awarded Kaech $1,089,000. The PUD filed a notice of appeal and also moved for judgment notwithstanding the verdict (NOV) and for a new trial. The trial court denied the motion for judgment NOV, but granted the motion for a new trial ruling that the

Appellants Dennis Brown and Dan Cannon appeal to challenge the trial court’s denial of their special appearance in a suit brought by appellee General Brick Sales Company, Inc. against them and their employer Boral Bricks, Inc. We affirm the trial court's judgment.

Appellants are employees of Boral Bricks, Inc., a foreign corporation located in Georgia and q

Plaintiff Robert Sarvis appeals the grant of summary judgment in favor of defendant Vermont State Colleges. Plaintiff contends: (1) the court erred when it found defendant had just cause to terminate his employment contracts; and (2) he is entitled to Title VII protection because defendant terminated him for his criminal history. We affirm.

The material facts in

Scott D. St. Jeor appeals the district court's judgment in a breach of employment contract claim against defendant Patterson Dental Supply, Inc. (Patterson). After a two-day bench trial, the court concluded Patterson's termination of St. Jeor was proper, finding him to be an at-will employee under applicable Utah law.

Mr. St. Jeor, a dental supply sales representative, was recruited to work for

Home purchasers, Lawrence and Pamela Holder, claimed fraudulent misrepresentation by sellers, Robert and Sharon Schenherr, regarding known defects to the property. The Holders appeal the jury determination in favor of the Schenherrs, claiming the trial court erred in failing to give their proffered instruction, which was supported by substantial evidence.

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Shannon Paine was arrested on July 4, 1993, in Pismo Beach, California, by police officers from the Cities of Pismo Beach and Lompoc. He was charged with resisting arrest and with battery on a police officer. The prosecutor later dropped the charges.

In a § 1983 suit against the municipalities and several individual police officers ("Paine I"), Paine claimed that he was subjected to exce

This appeal from adverse rulings in the district court concerns the sale of eighty acres of undeveloped waterfront land in Lubec, Maine. Owned by plaintiff-appellant Merrill Kearney, the land was sold at auction on his behalf by defendant-appellee J.P. King Auction Company ("King Auction") on May 14, 1997.

The auction did not go well. Only two bidders were present and one withdrew when the p

Breach of contact and misrepresentation claims.

The death last month of race car legend Dale Earnhardt at the Daytona 500 was tragic, but not unpredictable. Indeed, the sport of automobile racing is a hazardous activity, and drivers on the NASCAR circuit know very well that they risk life and limb every time they get into a race. The same can be said, though to a lesser degree, to be sure, of go kart racers. As karts have become faster

Alanwood Holding Co., Joseph Kalman, individually, and Joseph Kalman, Trustee of the Joseph Kalman Trust as Assignees of Alanwood Holding Co., (Alanwood and Kalman) appeal the trial court orders which granted attorney’s fees and costs to Stephen Robert Thompson, Trustee UTD 10/1/93; C. S. Eytel, individually, a/k/a Charles Eytel, d/b/a Carriage Ct., Inc. (Thompson and Eytel); Downing-Frye Re

In 1987, John Endres decided to sell his interest in Electro-Jet Tool & Manufacturing, an aerospace machine shop that he founded and long managed. After fruitless negotiations with a Canadian firm, he agreed to sell his 82.5% stake in Electro-Jet to the company's own employees. As part of the transaction, the then-existing profit sharing plan was converted into an employee stock ownership plan ("t

The death last month of race car legend Dale Earnhardt at the Daytona 500 was tragic, but not unpredictable. Indeed, the sport of automobile racing is a hazardous activity, and drivers on the NASCAR circuit know very well that they risk life and limb every time they get into a race. The same can be said, though to a lesser degree, to be sure, of go kart racers. As karts have become faster

In the 1980s, Jeffrey Canty formed Canty Roofing and Sheetmetal, Inc. (CRS). As the name implies, CRS's principal business was the installation and repair of roofs. For much of CRS's existence, the firm of Dias & Lapalme (D&L) rendered accounting services to it. The partner in charge was David Lapalme. For the most part, the work was mundane, involving, inter alia, the preparation of annual financ

Bruce Sain attended Jefferson High School in Cedar Rapids during his junior and senior years. Jefferson is included within the Cedar Rapids Community School District. Sain was a member of the varsity basketball team at Jefferson and maintained aspirations of receiving a scholarship to play basketball for a major college. He received many basketball accolades and awards during high school, includin

Castles operated an automobile repair business adjacent to an Exxon petroleum storage facility on property Castles purchased from Exxon in 1981. In April 1989, Exxon discovered a discharge of petro- leum into the soil at its facility and began efforts to clean up the leak and monitor its effects. Subsequently, it was determined that Castles' property also was contaminated with petroleum.

Breach of contact, misrepresentation and fraud claims by three coal companies relating to the sale of coal to defendant. Plaintiffs claimed that Defendant entered into the agreement with not intent to actually purchase any coal from them but did so solely as a subterfuge to obtain lower shipping costs for an alternative product.