[¶1] The district court granted summary judgment to Elkhorn Construction, Inc. (Elkhorn), a subcontractor, on its mechanic’s lien claim against KM Upstream, LLC (KM), the owner of an amine plant, the construction of which plant underlies all the issues of this case.1 KM appealed, arguing that summary judgment was improper because of the existence of genuine issues of material fact, and because

This case comes before this Court from the district court’s grant of summary judgment against Tanner Mickelsen (Mickelsen) and for Broadway Ford, Inc. (Broadway Ford). Mickelsen, who had leased a truck from Broadway Ford, brought a complaint alleging fraud in the inducement and asking for rescission based on that fraud or, alternatively, on mutual mistake. The district court granted summary judg

Jeff Renfro is insured under two long-term disability plans administered by Unum Life Insurance Company (Unum), namely, the Funky Door Long Term Disability Plan (the FDP), and the ServiceMaster Long Term Disability Plan (the SMP) (the FDP and the SMP collectively, the Plans). Renfro sued the Plans when Unum decided to deduct his Social Security Disability Insurance (SSDI) benefit as deductible inc

Ann O. Vaughn appeals the trial court’s summary judgment entered in favor of Appellee United Parcel Service of America, Inc. (UPS). In one issue, Vaughn argues that the trial court erred in granting summary judgment in UPS’s favor. We affirm.

BACKGROUND

On or about November 17, 2008, Vaughn sent a package via UPS ground delivery service from Tyler, Texas, to a recipient named Emm

Plaintiffs Joe and Marieanne Cullen stated alternate counts1 that alleged defendants Paul and Geraldine Corwin acted either negligently or fraudulently in failing to disclose the defective condition of the garage roof when the Corwins sold a vacation home to the Cullens.2

The Corwins moved for summary judgment on the ground that the statute of limitations had expired. The trial court grante

This case involves causes of action for malicious prosecution and defamation against attorneys of record in a prior case. As to the causes of action for malicious prosecution, we hold, among other things, that the attorneys‘ anti-SLAPP1 special motions to strike (Code Civ. Proc., § 425.16.) were improperly granted, and that attorneys who appear on all of the pleadings and papers filed for the p

After purchasing a commercial property in Santa Rosa in 2006, Michael Standefer learned the property was subject to a local ordinance that required him to incur substantial earthquake retrofitting costs. He sued the seller and the seller‘s real estate brokers and property manager—as well as his own broker—for failing to make him aware of the ordinance or its possible application to the prope

While vacationing in Arizona, Robert and Linda Felland entered into a contract to purchase a condominium unit in a planned beachfront development in Puerto Peñasco, Mexico. The project was managed by a real-estate development firm owned by Patrick Clifton, an Arizona resident. Robert Felland signed an agreement that required the couple to make a down payment in three installments. After making th

Pending before the Court is a motion filed by Border Demolition & Environmental, Inc., Appellee, to review the sufficiency of security. See Tex.R.App.P. 24.4. We grant the motion and order that the amount of security is increased to include the attorney’s fees award of $78,001.

FACTUAL AND PROCEDURAL SUMMARY

Corral-Lerma filed suit against Border Demolition and i

Brian Ridenour filed suit against Boehringer Ingelheim Pharmaceuticals, Inc., Pfizer, Inc., Pharmacia Corporation, and Pharmacia & Upjohn Company, LLC (collectively, “BIP”) alleging tort claims based upon BIP’s marketing and sales of pramiprexole, a drug commonly prescribed as “Mirapex”. Ridenour took Mirapex from 2002 to 2007 to treat symptoms of Restless Leg Syndrome. Ridenour alleges

¶ 1 Plaintiff, Paula Bonhomme, filed a seven-count second amended complaint against defendant, Janna St. James, for damages resulting from a fraudulent Internet-based relationship that defendant allegedly maintained with plaintiff for nearly two years. The circuit court of Kane County dismissed with prejudice all of plaintiff’s counts except fraudulent misrepresentation, which it dismissed with

Tara L. Ward, Kamal Yassin, Mona Yassin, Matthew F. Toole, Curt S. Zargan, and Larry L. LaBarge (collectively referred to as “Plaintiffs”) appeal the judgment of the trial court granting West County Motor Company, Inc. d/b/a West County BMW’s (“West County BMW”) motion to dismiss their claim for violation of the Missouri Merchandising Practices Act. We affirm.1

I. BACKGROUND

Gustavo Davalos Torres appeals from a judgment entered in favor of Rocio M. Landeros (hereafter Landeros) and Marta L. Perez (sometimes hereafter plaintiffs).

The action arose out of an automobile collision that caused severe and permanent brain injuries to Landeros and significant but lesser injuries to Perez. Torres was intoxicated at the time of the collision. The jury awarded Landeros a

In this interlocutory appeal,[1] appellant,the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction on the tortclaims made against it by appellees, Blanca Vallejo and Anjel Flores (collectively, “Vallejo”).In its sole issue, the City contends that the trial court erred in denying its plea to the jurisdiction in which the City asserted that

Danneil Edward Keith (“Employee”) was employed by Western Express, Inc. (“Employer”) as an over-the-road truck driver. He testified that on February 12, 2010, he picked up a load of freight in Tennessee with instructions from Employer to deliver the load to a California destination approximately1,800 miles away by 4:00 p.m. on February 15, 2010. After taking a requisite ten-hour break, Emp

The facts in this opinion are drawn from the allegations in the complaint. No trial has occurred. Neither party has presented evidence, and no facts have been found by a factfinder. Because this case comes to us as an appeal from a denial of a motion to dismiss, the applicable standard of review requires us to presume that the allegations in the complaint are true. Our decision to include in this

This case began when Discover Bank (“Discover”) filed an action against Joy A. Morgan (“Morgan”) on March 23, 2006. In its complaint, Discover alleged that Morgan owed $16,341.52 in principal on a credit card issued by Discover, and that Morgan breached the cardmember agreement by failing to meet its payment terms. Accordingly, Discover sought a judgment for the principal and interest due,

On January 29, 2007, Regent Investments 1, LLC (“Regent”) sued octogenarian Earline Waddle, and her niece, Lorene Elrod. According to the allegations 1 of the complaint, Regent contracted to purchase from Ms. Waddle approximately four acres of real property located at 2268 Prim Lane, in Rutherford County, Tennessee (“the Prim Lane property”), for $230,000. Regent paid Ms. Waddle $10,000 ea

{¶1} Plaintiffs-Appellees, Bud Buxton and Arvil Lee, LLC ("Buxton"), filed their Complaint against Defendants-Appellants, MAGG MSCC, Ltd., Sports Page Group, LLC, Robert McLain and Christopher Maggiore ("McLain") on October 29, 2010, alleging breach of contract, fraud, misrepresentation, unjust enrichment and promissory estoppel. In response, McClain filed a counterclaim against Buxton for breach

{¶1} Appellant, Cynthia Healey, appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms.

I.

{¶2} In a prior appeal, Healey v. Goodyear Tire & Rubber Co., 9th Dist. No. 25296, 2010-Ohio-5463, ¶ 1, this Court set forth the underlying factual and procedural history as follows:

Cynthia Healey is a former employee of Goodyear Tire and Rubber Comp

Marjorie Gayle Hendrix, the appellant, was injured in an automobile accident caused by Charles Robert Burns, one of the appellees. In the Circuit Court for Baltimore County, Mrs. Hendrix sued Mr. Burns and Candice Marie Burns, his wife, the other appellee, alleging battery and negligence against Mr. Burns and negligent entrustment against Mrs. Burns.

Mrs. Hendrix prayed a jury trial. Before

This case involves a long-standing dispute between the Tomes Landing Condominium Association, Inc. (Association), located in Port Deposit, Maryland, and MRA Property Management, Inc., Appellants, and twenty-five condominium unit purchasers, Appellees.1

The unit purchasers were granted partial summary judgment in the amount of one million dollars against the Association and MRA in the Circui

Helen C. Griggs and her late husband, Victor G. Griggs, refinanced the mortgage on their home with Beneficial Mortgage Company of Maryland. One of the mortgage instruments the Griggses executed, when they met with representatives of Beneficial Mortgage to obtain the refinancing, contained an arbitration rider, providing that disputes “arising from or relating” to their agreement with Beneficia

We reverse an order denying a motion to compel arbitration. The complaint’s allegations of concerted conduct between parties and nonparties to the arbitration agreement permit the non-parties to insist on arbitration under the agreement.

Andrea Clarke filed a multi-count complaint against Palm Beach Gardens Community Hospital, Inc., Tenet South Florida Regional Resource Pool, Tenet Health

After receiving a number of chargebacks resulting from fraudulent use of U.S. Bank National Association (“U.S. Bank”) credit cards, E-Shops Corp. (“E-Shops”) filed a class action complaint alleging U.S. Bank knowingly allowed itself to be an instrument of the fraud, thereby making E-Shops’s performance under its contract with its merchant bank more expensive. The district court1 dismisse