Plaintiff-Appellant Edvin C. Remund appeals the district court’s order granting summary judgment to Defendant-Appellee State Farm on Mr. Remund’s state-law claims for breach of warranty and estoppel. Mr. Remund alleges that the State Farm insurance agent who sold him a Standard Flood Insurance Policy (“SFIP”) under the National Flood Insurance Program (“NFIP”) misled him about the scop

¶1 This appeal arises from post-decree proceedings in which Wife, Patricia Vandervort, sought to vacate the parties' divorce decree. The divorce was the result of a petition signed by Husband, Roger Vandervort, an entry of appearance/waiver of summons signed by Wife, and a "consent decree" signed by both parties. Husband, acting pro se, presented these instruments to the District Court of Oklahom

¶1 The question presented is whether a person, who induces another to marry by the oral promise to reimburse any lost alimony in the event of a subsequent divorce, is liable to pay alimony awarded under a previous divorce decree.

¶2 Evalyn (appellee-wife) and Charles Tice (appellant-husband) were married in Las Vegas, Nevada on December 31, 1979. Previously, Evalyn had received an alimony

Empire Today, LLC (Empire), a national carpet and flooring business, appeals from the superior court‟s refusal to compel contractual arbitration of claims by carpet installers that Empire violated multiple provisions of the California Labor Code. The court found the arbitration provision was unconscionable under California law. We affirm. We hold the provision is unconscionable and unenforceable

Appellants Michael Easton and Dawn Whatley, individually and as executrix of the estate of Perry Lee Whatley, present this appeal from two orders dismissing their fraud claims against individually named attorneys and their respective law firms. The attorney-defendants—David Cabrales, Rachel Stinson, and Locke Lord Bissell & Liddell, LLP (the “Locke Lord attorneys”), and Shawn Phelan and Tho

New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (“CDIA”), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (“FCRA”). T

We reconsider the appeal of an order denying the appellant’s motion to compel arbitration of disputes between it and appellee after vacation of our prior opinion by the United States Supreme Court. In our original appeal we addressed the arbitrability of two of four of the claims made by appellee against appellant and concluded that those were not subject to arbitration. Upon petition for certio

Philip Morris USA, Inc. (“PM USA”) appeals the trial court’s final judgment entered in favor of Elaine Hess, as surviving spouse and personal representative of the estate of her deceased husband, Stuart Hess. PM USA raises three issues on appeal. First, it contends that the trial court erred in denying its motion for judgment as a matter of law on the fraudulent concealment claim because it

Brent Beckwith appeals from a judgment of dismissal entered after the trial court sustained without leave to amend Susan Dahl‟s demurrer to his complaint alleging intentional interference with an expected inheritance (IIEI) and deceit by false promise. Beckwith argues we should join the majority of other states in recognizing the tort of IIEI as a valid cause of action.1 We agree it is time to o

Defendant-Appellant Thomas Bader appeals his convictions of distribution of human growth hormone (“HGH”), conspiracy to knowingly facilitate and knowingly facilitating the sale of HGH brought into the United States contrary to law, and conspiracy to possess with intent to distribute a controlled substance (testosterone cypionate). He asks this court to reverse his convictions or, at a minimum,

¶1 High Country Motors, Inc. (HCMI) and Mitchell Rider appeal an Order of the District Court for the Fourth Judicial District, Missoula County, imposing a default judgment against them as a discovery sanction. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion.

¶2 Appellants raise the following issues on appeal:

1. Whether the Distric

This appeal embraces two of the many private lawsuits brought against healthcare providers throughout the country by a single law firm. These two suits, like others of the same pattern, allege that various hospital employees who work for the particular hospital or hospital group have been deprived of compensation for work performed during their meal break, for work performed before and after shift

This is an appeal and cross-appeal from a district court judgment awarding appellant homebuyer treble damages against respondent seller, a limited liability company, but refusing to find that the individual respondent, a former manager of the limited liability company, is liable for the judgment as the company’s alter ego.

We first consider the seller’s cross-appeal, in which we

Myrna Roberts (hereinafter, “Myrna”)1, Mel Roberts (hereinafter, “Mel”), DocuCopy, LLC, and Graystone Properties LLC (hereinafter and collectively, “Appellants”) appeal from the circuit court’s judgment after a jury entered a verdict against Appellants on Western Blue Print Company LLC’s (hereinafter, “Western Blue”) petition for damages. Appellants’ first four points allege

¶1 The issue in this cause is whether a person, who signed an agreement on behalf of a corporation as its agent, which contained an arbitration clause, can be treated by the arbitration authority as an individual party to the arbitration. We hold that under these facts, he cannot be considered as a party to the agreement to arbitrate.

I. Facts and Procedure

¶2 Dr. Mary J. Carte

As a corporation‟s short-term secured debt obligations were soon to come due, it retained a financial advisor to enable it to obtain long-term financing which would, in part, enable it to pay off its short-term creditors. The financing was never obtained, and the corporation ultimately fell into bankruptcy. The corporation‟s short-term creditors brought suit against the financial advisor, alle

Under the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1–16), ―arbitration is a matter of contract.‖ (Steelworkers v. Warrior & Gulf Co. (1960) 363 U.S. 574, 582 [80 S.Ct. 1347]; accord, 9 U.S.C. § 2.) An arbitration contract typically consists of the parties‘ mutual promises to arbitrate their claims against each other.

In this employment case, an employer and its at-will employee

In this interlocutory appeal from the trial court's denial of their special appearance, appellants Moris and Lillian Tabacinic assert their contacts with the State of Texas are insufficient to support personal jurisdiction because all of the actions forming the basis of the lawsuit occurred in Florida and were undertaken in their corporate capacities. Because we conclude the Tabacinics' individual

Huntington Copper, LLC, appeals the trial court’s denial of its motion to dismiss for lack of personal jurisdiction. Huntington Copper contends that the forum-selection clause contained in the contract at issue is valid and enforceable, and that the proper venue for any litigation is the Common Pleas Court of Hamilton County in Cincinnati, Ohio. Finding that the forum-selection clause is valid a

¶1 NEUBAUER, P.J. Ross Glove Company appeals a declaratory judgment granted in favor of its insurer, Acuity, a Mutual Insurance Company. Ross Glove was the subject of trade dress infringement claims and requested that Acuity defend and indemnify it under the terms of its policy. Acuity was granted a declaratory judgment that its policy, specifically its “advertising injury” provisi

¶1 PER CURIAM. Phillip J. Sikorski and Kathleen McGovern have appealed from an order granting summary judgment dismissing their complaint against James and Kelly Wasserburger. We affirm the order.

¶2 Sikorski and McGovern purchased the Wasserburgers’ home in the spring of 2007, pursuant to an offer to purchase and an amendment to the offer to purchase executed in March

This case addresses the effect of a pooled special-needs trust created by an over-65-year-old beneficiary on his Medicaid benefits. The Center for Special Needs Trust Administration, a section 501(c)(3) non-profit, appeals a summary judgment in favor of the North Dakota Department of Human Services. Invoking 42 U.S.C. § 1983 and the Constitution’s Supremacy Clause, Article VI, clause 2, the Cen

This original proceeding illustrates the perils that real estate brokers and their agents assume when acting as a dual listing agent with duties to both the buyers and sellers of the same house. We consider whether Civil Code section 2079.41 or the standard buyer-broker agreement form issued by the California Association of Realtors (Association) governed the limitations period for filing breach o

This appeal follows the trial court’s directed verdict and entry of a declaratory judgment that FH Partners did not breach its contract with Gus H. Comiskey, III a/k/a Trey Comiskey. The crux of the dispute between the parties is FH Partners’ enforcement of the cross-collateralization clause in a loan agreement. Although Comiskey was not originally a party to the agreement, he signed an Extens

Plaintiff-Appellant Rose Ominski, proceeding pro se, appeals the district court’s order granting summary judgment in favor of the Defendants-Appellants Northrop Grumman Shipbuilding, Inc. (“NGS”) and Plumbers & Steamfitters Union, Local 436 (“the Union”) on Ominski’s claims relating to her termination from NGS’s pipewelder apprenticeship program. We AFFIRM.

I

NGS hired