Sherwood Construction Company, Inc. dba Greenhill Concrete, dba Greenhill Materials, DBA Greenhill Materials Co., L.C. sued J.A. Manning Construction Co., Inc., Becco Contractors, Inc., Mid-Continent Casualty Company, Great American Insurance Company and Granite Re, Inc. on breach of contract, accounting, Violation of the Oklahoma Fair Play for Construction Act violation, Equitable Right in Funds,

The Chapter 7 Trustee in the bankruptcy case of Mary Joan Lumbar appeals from the Bankruptcy Court’s judgment in favor of the Debtor’s parents on a fraudulent transfer action, holding that the Debtor could not fraudulently transfer property that would have been exempt. For the reasons that follow, the judgment is reversed and remanded for further findings.

FACTUAL BACKGROUND

The

Plaintiffs Loretta DeBoard and Dora Bailey, women who contracted breast cancer after being treated with hormone replacement therapy drugs Premarin, Prempro, and Provera, appeal orders of summary judgment in favor of drug manufacturers Wyeth, Inc., Wyeth Pharmaceuticals, Inc. (collectively Wyeth) and Pharmacia & Upjohn Company (Upjohn), entered by Judge Jamie D. Happas dismissing their product liab

This matter involves a defamation action filed by appellant Yuin University (Yuin) against respondent Korean Broadcasting System (KBS) for a news broadcast which characterized Yuin as a “degree factory.” Judgment was entered for KBS on Yuin‟s libel claim. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Broadcast

On September 2, 2007, KBS broadcast a segm

The City of Bryan annexed part of Karen Hall’s property in 1999. For the second time, she sued the City for disannexation. See TEX. LOC. GOV'T CODE ANN. § 43.141(b) (West 2008). Because the trial court did not err in failing to file findings of fact and conclusions of law or in granting the City’s plea to the jurisdiction, we affirm the trial court’s judgment.

BACKGROUND

On Ju

Before Division Two: James M. Smart, Jr., P.J., Mark D. Pfeiffer and Cynthia L. Martin, JJ. This case involves a putative class action lawsuit filed against Nissan North America, Inc. ("Nissan") on behalf of five named plaintiffs, Tracie Hope, Michael Meyer, Pamala Meyer, Ginger Bridger, and Robert Hurst (collectively, "Plaintiffs") based on allegations of a cosmetic bubbling defect in the dashboa

Roger and Carol Shuler (“the Shulers”), proceeding pro se, appeal the district court’s order granting the summary judgment motions of defendants Ingram & Associates (“Ingram”) and NCO Financial Systems, Inc. (“NCO”) on all claims raised in the Shulers’s complaint as amended, which alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq.

In five issues, a media defendant, Appellant Michael Murphy, brings this interlocutory appeal, asserting that the trial court erred by partially denying his motion for summary judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(6) (West 2008). We are constrained to reverse and render.

II. Factual and Procedural History

Appellee Ernest Reynolds, III sued Murphy, a

n six issues, Appellant W. Graeme Roustan appeals from the trial court’s judgment awarding damages to Appellees Michael Sanderson, his wife Ann Gainous, and Ridglea Entertainment, Inc. (collectively S&G) on their breach of contract and fraud claims against him. Because we hold that the evidence is insufficient to support an award of damages against Roustan individually on S&G’s breach of cont

In this case, the plaintiff and respondent, Cynthia L. Burch, filed a complaint for damages arising out of alleged construction defects. After she had filed that complaint, the defendants and appellants1 moved to compel arbitration of her claims and now seek reversal of the trial court‟s order denying that motion.2 The trial court concluded that the arbitration clause in the agreement between Bu

In this appeal from a jury verdict in favor of Rebecca West for actual and punitive damages on a defamation claim, we address the "fair report privilege" and whether West introduced sufficient evidence of Appellants' fault. We find the trial court properly handled the fair report privilege and properly submitted to the jury the question of whether West presented sufficient evidence of fault as to

The principal proposition presented in this appeal is whether a beneficiary of a trust has standing to maintain an action claiming impropriety on the part of a third party who settled a prior case with the trustee. On the facts presented in this matter, we hold that the beneficiary does not have such standing.

The plaintiffs, Jeffrey Naier and Andrea Naier, both individually and in their ca

The plaintiff, Lorraine Tessier, appeals an order of the Superior Court (Abramson, J.) granting the defendants’ motion to dismiss. We affirm in part, reverse in part, and remand.

The plaintiff brought this action against the defendants, Regina S. Rockefeller and Nixon Peabody, LLP (Nixon Peabody), alleging the following facts. The plaintiff is the wife of Thomas Tessier, an attorney who p

The defendants, Scott and Christina Lees, appeal a decision of the Trial Court (Houran, J.) finding in favor of and granting damages to the plaintiff, Stephen C. Wyle, following a bench trial on his claim for negligent misrepresentation. We affirm.

The trial court found the following facts. In 2002, the defendants purchased a two-unit apartment building located at 38 Oak Street in North Con

* The Hon. Miriam Goldman Cedarbaum of the United States
District Court for the Southern District of New York, sitting by
designation.



09-1892-cv
Johnson v. Nextel Communications, Inc.


1 UNITED STATES COURT OF APPEALS
2 FOR THE SECOND CIRCUIT
3 August Term, 2009
4
5 (Argued: June 8, 2010 Decided: September 26, 2011)
6 Docket No. 09-1

Defendants, Black Diamond Properties, Inc. (“Properties, Inc.”), Black Diamond Realty (“Realty, Inc.”), and Stanley C. Olsen, appeal a final judgment based upon a jury verdict awarding damages for misleading advertising to Plaintiffs, Charles and Kathy Haines, Angelo and Brenda Masut, Tom Howell, and Richard Conboy. The issues we will address are whether the misleading advertising claims a

Appellants David LeBlanc, Hedy LeBlanc, LeBlanc Family Investments Limited Liability Company, Shreveport GP, LLC, Shreveport Doctors Hospital 2004, Ltd., and Shreveport Hospital Management, Inc. (collectively, “LeBlanc”) challenge the trial court’s rendition of summary judgment in favor of appellees B. John Lange, III (“Lange”) and Ethicus Healthcare Group, LLC (“Ethicus”) in LeBlanc

¶1 Park‐Ro‐She, Inc.; BVP Holdings, Ltd.; Blaine Van Patten; and Norm Van Patten (collectively, PRS) appeal the trial court’s order granting partial summary judgment in favor of GeoNan Properties, LLC (GeoNan) and denying PRS’s motion for partial summary judgment. While we agree with most of the trial court’s legal conclusions, we reverse and remand for additional proceedings consistent

John and Barbara Weckesser appeal the district court’s denials of their motion for new trial and motion for reconsideration in their suit against Chicago Bridge & Iron and L.G. Barcus & Sons (collectively, the “Appellees”) for private nuisance on multiple grounds. Because we find that these grounds are either not preserved or lack merit, we agree with the district court. Accordingly, we AFFI

This appeal arises from the district court’s consolidated order denying Sylvia Del Bosque’s motion to revoke a settlement agreement she reached with AT&T Advertising, L.P. (“AT&T”), granting AT&T’s motion to enforce that same agreement, and dismissing Del Bosque’s discrimination suit against AT&T. Del Bosque argues that the district court erred in its resolution of the three motions, c

Tommy Tolbert appeals from the district court’s grant of summary judgment to National Union Fire Insurance Company of Pittsburgh, Pennsylvania and AIG Claims Services Inc. (collectively, National Union) with respect to his claims under the Texas Insurance Code and the Texas Deceptive 1 Trade Practices Act, asserting misrepresentation and unconscionability. The 2 issues before us concern Descript

The trial court dismissed appellants’ complaint for breach of contract, fraudulent a n d / o r negligent misrepresentation, a n d declaratory judgment in connection with the lease of real estate. We affirm the dismissal of appellants’ complaint for breach of contract, fraud, and negligent misrepresentation, because the allegations of the complaint show o n their face that appellants waived the

Christine Gage purchased a security alarm for her home in 2006 from HSM Electronic Protection Services, Inc. (“HSM”), which was later purchased by Stanley Convergent Security Solutions (“Stanley”). In 2008, Stanley received a lowtemperature alarm from Gage’s home but failed to contact Gage or any of the contacts listed on her account. A few months later, the low temperature caused a pipe

Herman Nelson, Joel Decatur, Andre Lawson and Ernest Carter were employed by the Department of Homeland Security (“DHS”). In 2007, they filed a six-count employment discrimination suit against DHS.1 After the district court granted the defendant’s motion to dismiss two of the counts, DHS failed to answer the complaint, apparently due to an oversight. In May 2009, the plaintiffs moved for a v

The defendants, Roll-A-Cover, LLC, and Michael P. Morris, appeal from the judgment of the trial court rendered in favor of the plaintiffs, James D. Cohen and Roll-A-Cover of New Jersey, LLC.1 On appeal, the defendants claim that the court improperly (1) found facts that were not supported by the evidence when it determined that the plaintiffs had proven fraud and negligent misrepresentation; (2) f