¶1 Defendant, Joy R. Brown, appeals from the trial court's dismissal of her counter-claims against Bankers Trust Company, and her cross-claims against Saxon Mortgage, Inc. (collectively, Lenders). The issue on appeal is whether Defendant stated a cause of action against Lenders sufficient to withstand their motions to dismiss. Upon review of the pleadings and applicable law, we conclude that the t

¶1 On May 26, 1976, Glenn E. Bras (petitioner or Bras) obtained an unsecured loan in the amount of $240,000 from First Bank & Trust Company of Sand Springs, Oklahoma (respondent or First Bank), for which sum he executed a promissory note. The single payment loan was made on a demand basis, with a maturity date of July 26, 1976, if demand was not made. Bras made a deferral payment on or about July

¶1 We review this matter on reassignment from the Oklahoma Supreme Court pursuant to its order of April 12, 1999, vacating our opinion issued June 9, 1998, and directing us to reconsider this cause based upon the full trial court record and additional briefs submitted since the date of our opinion. Based on reconsideration of the record, the parties' briefs, the amicus brief submitted by the Unite

¶0 1. FRAUD - Grounds constituting actionable fraud.
The grounds constituting actionable fraud are: (1) a material, false representation knowingly or recklessly made; (2) with the intention that same be acted upon; (3) plaintiff must have acted upon same and suffered injury thereby.
2. SAME - Gist of "fraudulent misrepresentation."
The gist of "fraudulent misrepresentation" is the prod

¶1 Charles D. Croslin,1 Glenn Croslin, and Irma Jean Gowin (plaintiffs) sued Enerlex, Inc. (defendant) seeking rescission of mineral deeds and tort damages. The dispositive issues on certiorari are: 1) whether the summary judgment record on appeal establishes that defendant owed the plaintiffs a duty to disclose the pooling order and the accrued mineral proceeds when it made an unsolicited offer t

¶1 This appeal has been assigned to the accelerated docket pursuant to Civil Appellate Procedure Rule 1.203(A)(1)(a), 12 O.S.Supp. 1994, ch. 15, app. 2, after the trial court granted summary judgment to the defendant in the plaintiff's action seeking actual and punitive damages for fraud and deceit allegedly practiced by the defendant. Based upon our review of the record and applicable law, we rev

¶1 Did one mining partner obtain an assignment of the other partner's interest in an oil and gas lease joint venture by means of fraud and deceit, requiring the trial court to either rescind the assignment or award damages or both? The trial court held the evidence disclosed no malfeasance on the part of the assignee partner and denied relief to the complaining assignor.

¶2 The aggrieved

¶1 Plaintiff Norman J. Coble appeals the summary judgment granted in favor of defendants Melinda Bowers, First State Bank, and First Life Assurance Co. Defendant Security Life Assurance Co. was dismissed without prejudice prior to judgment and is not a party to this appeal. Having reviewed the record and applicable law, we affirm in part, reverse in part and remand.

¶2 In 1985, Bank loane

David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells
Fargo) at a foreclosure sale. Several months later they discovered there was a first
priority deed of trust on the property that had not been extinguished by the foreclosure.
The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based
2.
on a statement in Wells Fargo‟s

Appellant Bryant Lyles was admitted to LSU Health Sciences Center Shreveport (“LSUHSC”) on May 9, 2013, and underwent anterior corpectomy and discectomy surgery on May 10, 2013. A Verte-Stack implant, a vertebral body replacement device, was placed in Lyles’s cervical spine, along with Progenix, a putty-like bone graft material that was mixed with bone dust. An Atlantis Translations Anterior Cervi

This False Claims Act (“FCA”) case returns to us on remand from the
United States Supreme Court. The Supreme Court vacated and remanded our
earlier opinion, Bishop v. Wells Fargo & Co., 823 F.3d 35 (2d Cir. 2016), in light of
the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex
rel. Escobar, 136 S. Ct. 1989 (2016). See Bishop v. Wells Fargo & Co., 137

This suit involves three main questions: (1) whether plaintiff
Randall Mills sufficiently pleaded a claim for malicious prosecution under 42 U.S.C. § 1983;
(2) whether Mills sufficiently pleaded a claim for fabrication of evidence under § 1983; and
(3) whether Mills sufficiently pleaded a Brady claim. The district court found that Mills had not
so pleaded and granted defendant Shar

1. K.S.A. 2016 Supp. 60-260(b) allows a district court to provide relief from a final
judgment for any of the following reasons: (1) mistake, inadvertence, surprise or
excusable neglect; (2) newly discovered evidence; (3) fraud; (4) the judgment is void; (5)
the judgment has been satisfied, released or discharged; or (6) any other reason that
justifies relief.

2. The first

The idea of a theme and variations is a
common one in music. It should be in law, too. Here we return
to the familiar theme of a defense effort to pretermit a proposed
class action by picking off the named plaintiff’s claim.
Several variations on that theme have been tried and have
failed. See Campbell‐Ewald Co. v. Gomez, 136 S. Ct. 663 (2016)
2 No. 16‐3829

Plaintiff and appellant Linda Rubenstein appeals from a
judgment entered after the trial court sustained the demurrer of
defendant and respondent The Gap, Inc. (Gap) without leave to
amend. The trial court found that Rubenstein could not state
claims under our state’s Unfair Competition Law (UCL),
Business and Professions Code section 17200 et seq.; False
Advertising Law (F

Appellants G.T. Leach Builders, L.L.C.—Residential (G.T. Leach Builders), G.T.
Leach Construction, L.P., and Gary T. Leach (collectively, G.T. Leach), appeal an order
denying their motion to compel arbitration of appellee Sapphire Condominiums
Association, Inc.’s lawsuit. We affirm.
I. BACKGROUND
Sapphire V.P., L.P. (Sapphire V.P.) was a limited partnership in the business of

Appellant John Nelson challenges the trial court’s judgment awarding title to and possession of certain South Padre Island real property to appellees Carlos Pasol and
Jovita De Pasol (collectively the Pasols). We affirm.
I. BACKGROUND
Nelson inherited the subject property from his parents along with an $80,000 mortgage balance. He refinanced the mortgage with Wells Fargo in 2001 and th

This case involves minority shareholders in a Delaware corporation who
claim that the corporation and its board of directors sought to divest them of their
shares through an attempted restructuring of the company. The minority
shareholders appeal from a summary judgment against them on their claims of
breach of contract, breach of fiduciary duty, and violations of the Texas Securit

Roger Vanderklok wanted to fly from Philadelphia to
Miami, where he intended to run a half-marathon. In his
carry-on luggage, he had a heart monitor and watch stored
inside a piece of PVC pipe that was capped on both ends.
During screening at the airport security checkpoint, the pipe
and electronics prompted secondary screening, supervised by
Transportation Security Adminis

Appellants, Jessica Parker Valentine and Bryan L. Parker (the “Parkers”), challenge the trial court’s order granting the motion of appellee, Interactive Brokers LLC (“IB”), to vacate an arbitration award. In two issues, the Parkers contend that the trial court erred in vacating the award.
2
We affirm.
Background
In their Second Amended Statement of Claim, the Parkers, pursuant to t

We consider how and the extent to which our securities laws protect the investing public. Miko Levi, Bandar Almosa, Gregory Harrison, and Nicholas Cook (“Plaintiffs”) appeal the district court’s dismissal of their amended securities fraud class action complaint. Plaintiffs allege that Atossa Genetics, Inc. (“Atossa”) and its Chairman and Chief Executive Officer, Steven Quay, made a series of publi

James Ware Kelley, III, appeals a Bankruptcy Appellate Panel (BAP) order,
which affirmed the bankruptcy court’s denial of successive motions to vacate and
reconsider the entry of default judgment. Exercising jurisdiction under 28 U.S.C.
§ 158(d)(1), we affirm.
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not m

Appellees Gwendolyn Gene Layton (Gwen) and Troylynn Ann Layton, husband and wife, sued appellants Ledford E. White and Ledford E. White, P.C. (White P.C.) (collectively the White Appellants) and appellant M&M Joint Venture
1See Tex. R. App. P. 47.4.
2
when they were not repaid funds they had provided, at White’s suggestion, to White’s friends. After a jury trial, the trial court render

After 40 years of employment at Memorial Hermann hospital, Dr. Samia Khalil sued Memorial Hermann Health System for defamation, tortious interference with an existing contract, conspiracy, and intentional infliction of emotional distress. Khalil, age 77, also sued for age discrimination. Memorial Hermann sought to dismiss several of her claims under summary dismissal procedures found in the Texas

Levco Construction, Inc. (“Levco”) sued Cleveland Construction, Inc. (“CCI”) and Whole Foods Market Rocky Mountain/Southwest L.P. (“Whole Foods”) for claims arising out of its role as a subcontractor on a construction project to build a Whole Foods store in Houston, Texas (“the Project”). CCI and Whole Foods also asserted claims against each other and Levco. Following a bench trial, the trial cour