Appellant Berenice Diaz, individually and as next friend of her minor child, J.P.L., sued James Monnig and John Mead asserting a variety of claims she alleged arose during Monnig’s and Mead’s representation of her former husband during a custody suit. Diaz appeals from the trial court’s summary judgments in favor of Monnig and Mead, as well as the trial court’s exclusion of summary judgment eviden

Appellants Gilad and Oren Lutfak appeal from a judgment in favor of appellee Jeff Gainsborough. Gainsborough sued Gilad and Oren based on claims arising out of his purchase of a townhome. A jury found that Gilad, the seller, committed fraud, breached implied warranties, violated the Deceptive Trade Practices Act, and made
2
negligent misrepresentations. The jury also found that Oren conspi

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for breach of a guaranty agreement, should ther

Annalia Montany appeals from
the entry of summary judgment in favor of the University of New
England (UNE) and Scott McNeil (collectively, defendants). We
affirm.
BACKGROUND1
Montany was a student in UNE's two-year occupational therapy
master's degree program. The program requires its students
to take practical exams, in which program instructors act as mock
patient

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp

19 We consider in this case whether the Employee Retirement
20 Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq.,
21 completely preempts an “out‐of‐network” health care provider’s
22 promissory‐estoppel claim against a health insurer where the
23 provider (1) did not receive a valid assignment for payment under
3 No. 15‐2150‐cv
t

In this construction defect lawsuit by a homeowner, the jury found the general
contractor -- defendant Estate of William G. Davidson, formerly Davidson Construction
(Davidson) -- negligent and liable for some, but not all, alleged violations of building
standards under the Right to Repair Act, Civil Code section 895, et seq. (the Act). The
estate is a proper party where the deceden

¶ 1 This case requires us to determine the scope of the “covered profession” clause of a “Professional Liability Errors & Omissions Insurance” policy (Policy). Houston Casualty Company (Houston Casualty) issued the Policy to Utah County Real Estate, LLC (Prudential), a real estate brokerage. While working as a real estate agent for Prudential, Robert Seegmiller approached the plaintiffs in this ac

In early October 2014, H.S. (Mother) noticed her four-year-old daughter, A.S., had a brown vaginal discharge. On October 6, Mother took A.S. to see Doctor Rebecca Pengilly. Dr. Pengilly took a sample and sent it to a lab for testing, expecting results in several days. [¶3.] On October 7, Joshua Spaniol, Mother’s husband and A.S.’s father, told Mother that his penis was painful, inflamed,

Susan Ashton appeals the trial court’s partial no-evidence summary judgment granted in favor of KoonsFuller, P.C. In two issues, Ashton argues the trial court erred by granting summary judgment on her claims for breach of fiduciary duty and fraud. We affirm the trial court’s judgment.
FACTUAL BACKGROUND
KoonsFuller represented Ashton during her divorce from Ivan Ashton, but withdrew from t

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by
appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became
uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and
conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for
breach of a guaranty agreem

I. INTRODUCTION
This appeal challenges an order enforcing an agreement between two siblings,
Aisha A. Krechuniak (“Sister”)1
and her brother Zia Jamal Noorzoy (“Brother”), settling
litigation concerning the failed development of a residential parcel in Pebble Beach.
Sister was awarded a stipulated judgment of $850,000.00 against Brother as provided in
their “MEMORANDUM OF S

To combat lawsuits designed to chill the exercise of free speech and
petition rights (typically known as strategic lawsuits against public participation,
or SLAPPs), the Legislature has authorized a special motion to strike claims that
are based on a defendant‘s engagement in such protected activity. (See Code Civ.
Proc., § 425.16, subd. (a).)1 We consider a question that has gener

Appellants Prescription Health Network, LLC (PHN) and William M.
Blackshear Jr., M.D. (collectively, the PHN Defendants) appeal from the trial
court’s judgment confirming an arbitration award in favor of Appellees Toby R.
1See Tex. R. App. P. 47.4.
2
Adams, Lisa B. Adams, and Adams Marketing Consulting, Inc. (AMC)
(collectively, the Adams Plaintiffs). We affirm.
I. Fact

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2

In these accelerated appeals,2 appellant, T.H.L., challenges the trial court’s orders, entered after a bench trial, awarding the Department of Family and Protective Services (“DFPS”) permanent managing conservatorship of her four minor children, R.C.,3 R.L., C.J., and C.C.J. (collectively, “the children”).4 In her sole issue, T.H.L. contends that the trial court erred in appointing DFPS as the chi

INTRODUCTION
Nautilus, Inc. (Nautilus), obtained a judgment against Stanley Kuo Hua
Yang, and recorded an abstract of judgment against real property on which Stanley and
his brother, Peter Chun Hua Yang, held title.1
Stanley and Peter transferred title on the
property to their father, Chao Chen Yang, who obtained a reverse mortgage loan on the
property from Security One Le

Appellant was in a relationship and lived with Rebecca Flores. On the night of the
assault, they began fighting because he wanted to have sex and she did not. With his left hand,
appellant grabbed Flores’s hair while he punched her “all over [her] face” and head with his right
hand. He tore off her clothes. He began hitting her while they were in their bedroom and
dragged h

Defendant was indicted on 211 counts, including 52 counts of securities fraud,
18 52 counts of prohibited conduct in providing investment advice, 52 counts of fraud,1
52 counts of forgery, two counts of theft of identity, and one count of conspiracy to
2 commit securities fraud. Following Defendant’s plea of not guilty, the State filed a
3 motion to set conditions of release. Afte

This case involves an insurance dispute between
plaintiffs and defendant, Allstate Property and Casualty
Insurance Company (Allstate). After a theft at their home,
plaintiffs filed claims with Allstate, their insurance carrier,
under two policies. More than two years after the loss,
Allstate denied coverage for the loss and plaintiffs brought
an action against Allstate rela

This appeal concerns the application of the statute
of limitations to a complaint for medical malpractice involving
newly added defendants. Plaintiff alleged that negligent
treatment of low sodium levels in his blood serum caused
him to develop a neurological disorder, central pontine
myelinolysis (CPM). Invoking ORCP 21 A(9),1 defendants
moved to dismiss the complaint as b

In this workers’ compensation case, claimant
seeks judicial review of a final order by the Director of the
Department of Consumer and Business Services (DCBS)
denying claimant’s request for attorney fees and penalties
against insurer, Liberty Northwest (Liberty). Claimant
sought sanctions after Liberty failed to timely deliver payment
on his workers’ compensation claim, whi

The issue in this workers’ compensation case is
whether claimant is entitled to benefits for his “combined
condition” claim. Under ORS 656.005(7)(a)(B), a “combined
condition” exists when an “otherwise compensable injury”
combines with a preexisting condition, and the otherwise
compensable injury remains the major contributing cause
of that combined condition.1 In this case

Farley pled guilty to two counts of DUI manslaughter and his judgment and
sentence were affirmed on direct appeal in Farley v. State, 151 So. 3d 1234 (Fla. 1st
DCA 2014) (unpublished table opinion). In May 2016, Farley filed a timely rule
3.850 motion containing 16 “grounds” for relief, all of which alleged claims of
ineffective assistance of trial counsel. The postconviction