The plaintiff, Roy Eckhardt,1 appeals the judgment of the district court dismissing his claims again Wyeth and Schwarz Pharma (together, the “Brand Defendants�) under Rule 12(b)(6) and granting summary judgment to

1 Although both Roy and Yolanda Eckhardt are plaintiffs in this case, this opinion will treat Roy Eckhardt as the sole plaintiff because all of the claims before us arise ou

Hakimullah Sarpas and Zulmai Nazarzai operated a scheme by which they promised customers they would obtain loan modifications from lenders and prevent foreclosure of the customers’ homes. They operated this scheme through their jointly owned company, Statewide Financial Group, Inc. (SFGI), which did business as US Homeowners Assistance (USHA). Sharon Fasela1 was, among other things, the office m

JANE DOE, a minor by and through her Parents and NextFriends, JOHNDOE AND MARY DOE, and JOHN DOE AND MARY
DOE, individually, sued Joim Knox Presbyterian Church, John Knox Learning Center, Inc., and Meredith Allison Howard, and Kirk of the Hills claiming:

The Kirk of the Hills employed Meredith Howard to help with child care in its Mornings for Moms program from January of 2006 to Janu

Trade secret protection “ ‘promotes the sharing of knowledge, and the efficient operation of industry,’ � by “ ‘permit[ting] the individual inventor to reap the rewards of his labor by contracting with a company large enough to develop and exploit it.’ [Citation.]� (DVD Copy Control Assn., Inc. v. Bunner (2003) 31 Cal.4th 864, 878 (DVD Copy Control).) Trade secret law allows the in

Frank Ramsey, Ramsay Ramsey, Randal Ramsey, individually and d/b/a Summit Properties and Management Company appeal from a judgment declaring that an easement by estoppel was created on a private road in favor of Craig Champion. The Ramseys complain that the evidence was legally and factually insufficient to support the trial court's finding of an easement by estoppel; that the trial court erred in

Polaris Outdoors, Inc. dba Roadhouse Motor Sports v. Wendell E. Drake and Joyce Drake

Issue # 1.
Issue: CAUSE #1 - BREACH OF CONTRACT OR UNJUST ENRICHMENT (CONTRACT)
Filed by: POLARIS OUTDOORS INC
Filed Date: 10/05/2009
Party Name: Disposition Information:

Defendant: DRAKE, JOYCE
Disposed: JUDGEMENT FOR PLAINTIFF, 11/11/2011. Non-Jury Trial.

D

Martin E. McGonagle, M.D. and his wife, Mary E. McGonagle appeal the trial court’s summary judgment on their claims against Stewart Title Guaranty Company and Stewart Title Company d/b/a Central Texas Title for breach of contract, negligence, gross negligence, and violations of the Texas Insurance Code and Texas Deceptive Trade Practices Act. Bringing three issues, the McGonagles generally conte

This is an appeal from a post-answer default judgment rendered against attorney Bruce B. McLeod III on Alfred Gyr’s claims for deceptive trade practices and breach of fiduciary duty. McLeod raises four issues on appeal challenging the sufficiency of the evidence to support the judgment, the trial court’s order denying his motion for new trial, and the trial court’s order reinstating the case

Fayetteville, AR - United States Attorney for the Western District of Arkansas Conner Eldridge announced today that Michael Columbia, 27, of Scottsdale, Arizona, was sentenced today to 51 months in prison, three years of supervised release, and a $2500 fine for using his company to defraud an investor of approximately $1 million dollars. Columbia was ordered to pay $12,207,067.51 in restitution. U

These consolidated appeals arise out of a protracted dispute between Stewart and Marla Feldman and Tanglewood Homes Association, Inc. over the Feldmans’ desire to expand their home. When the Association rejected the Feldmans’ expansion plans as a violation of the Tanglewood Deed Restrictions, the Feldmans filed suit. Michael T. Kelly, the trustee for a trust that owned the adjacent lot, interv

A broker represented both the buyer and the seller in a real property transaction through two different salespersons. The buyer brought several claims against the broker and the salesperson who listed the property for sale, including breach of fiduciary duty. The trial court granted a nonsuit on the claim for breach of fiduciary duty against the salesperson on the ground that the salesperson who l

This is a second appeal from a judgment of the district court in this case. The litigation involves numerous claims under federal and state law stemming from plaintiff Shomarie L. Thurmond’s arrest and ensuing 35-day detention in Detroit in 2005.

In the first appeal, a panel of this court affirmed in part the lower court’s summary judgment ruling in favor of defendant police officers

Stanley Hill appeals following his conviction on several charges related to the robbery of a bank. During trial, Charles Jones, a special agent with the Federal Bureau of Investigation (“FBIâ€�), testified as an expert. Agent Jones stated that he was trained in “special tactics and ways to identify [] deception in statements and truths in statementsâ€� and that in his opinion, many of Stanleyâ

Codefendants Michael Griggs and Charles Sharp appeal from their convictions for mail fraud and conspiracy to commit mail fraud. Griggs also challenges a $500,000 fine that was imposed by the district court as part of his sentence. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

The late Honorable William J. Holloway, Jr., United States Senior Circuit Judge, fully partic

Plaintiff DKN Holdings LLC (DKN) appeals from a judgment of dismissal after the trial court sustained, without leave to amend, defendant Wade Faerber’s demurrer to DKN’s complaint for monies due under a commercial lease. (Code Civ. Proc., § 430.10 subd. (e).)1 DKN also appeals from a postjudgment order awarding Faerber $54,817.50 in attorney fees as the prevailing party in the action on the l

Lorena Quiroz and Gary S. Vernier1 appeal the trial court’s judgment establishing that Rummie Lee Gray, II, is the biological father of R.L.G., a child born to Quiroz while she was married to Vernier. In a single issue, Appellants argue the trial court erred because it lacked subject-matter jurisdiction. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Gray began dating Quiroz in Octob

This appeal arises from a lawsuit between the buyer and seller of a home. The buyer, Aaron Sisk, sued Miramar Development Corporation and its president, John Hawkins (the Sellers), before subsequently nonsuiting his claims without prejudice. On competing motions for summary judgment, the trial court determined the Sellers were not “prevailing� parties and thus not entitled to an award of attor

JulioMarcos Aguilera appeals from a final judgment of divorce, chiefly complaining about the property division, conservatorship order, and child support. In an opinion dated February 26, 2014, we abated and remanded this appeal to the trial court for the entry of findings pursuant to section 154.130(b) of the Texas Family Code. See TEX. FAM. CODE ANN. § 154.130(b) (West 2014). The trial court has

Chesapeake Exploration, L.L.C. and Henry Gilbert Ayala appeal the trial court’s grant of summary judgment in favor of Natividad A. Soto. We reverse the trial court’s judgment, render judgment that Soto take nothing against Chesapeake, and remand the cause for further proceedings consistent with this opinion.

04-12-00860-CV

BACKGROUND

Soto is a seventy-five year-old man who

A jury convicted Lester and Nancy Sadler, husband and wife, of various crimes associated with the operation of several pain-management clinics in central and southern Ohio. They each appeal their convictions, and Nancy challenges her sentence as well.

We affirm on all grounds save one: Nancy’s conviction for wire fraud.

I.

In 2001, Nancy and Lester opened a pain-management c

In May 2008, Linda Hopkins fell from an outdoor balcony at the offices of her employer, Perfect Smile Dental Ceramics, Inc. (Perfect Smile). As a result of the injuries 2 she suffered in the fall, she was unable to work. Jurek Kedzierski (Jurek) and Margo Kedzierski (Margo) own Perfect Smile and also own the office building in which Perfect Smile is located.1 Shortly after her accident, Hopkins be

This appeal mainly concerns what duties a custodian bank has under New York and Florida law to protect a customer from fraudulent transactions carried out by the customer’s investment advisor. We hold that, under the facts alleged here, the custodian bank breached no duty, contractual or otherwise, by accepting on behalf of its customer securities that later turned out to be fraudulent and listi

Tyreese Hall and his uncle beat a homeless man so
viciously that the man fell into a coma and died 53 days later. As a result, Hall and his uncle were
jointly tried and convicted of murder, first-degree robbery, and first-degree sodomy. After the
Kentucky Supreme Court denied Hall’s direct appeal, he filed a petition for a writ of habeas corpus
in the Western District of Kentucky

These appeals arise out of claims against both generic and brand-name manufacturers for injuries related to use of the drug metoclopramide (brandname Reglan). Because the pertinent facts and legal issues of these cases are nearly identical, we consolidate them for disposition.

In case No. 12-60861, Lashley v. Pfizer, et al., Appellant Walter Lashley (“Lashley�) appeals the Southern Dist

Beneficial Mortgage sued Sarni Dickerson on a foreclosure theory claiming that Dickerson failed to pay sums due on a note secured by a mortgage.

Dickerson counterclaimed on breach of contract and negligence misrepresentation theories claiming that a Beneficial branch manager demanded that she pay $23,000 that was not due on the note. She made the payment but demand was then made that she