¶1 Mr. Boyle was hit by a truck and injured while walking in a crosswalk. Mr. Christensen, the driver, admitted liability, but the case went to trial on damages. Not satisfied with the jury award, Mr. Boyle appealed, and the court of appeals affirmed the district court decision in all respects. Mr. Boyle sought certiorari review regarding three issues. He argues that (1) the district court provid

¶1 In 2004, Appellees, Mark and Marilyn Hess (collectively, the “Hesses”) purchased an undeveloped lot of land from Canberra Development Company, LC (“Canberra”), located in a subdivision owned and developed by Canberra. After constructing a home on the lot and moving into it, the Hesses began to notice several structural problems, including large cracks in the home’s floor. A short tim

David Dornak appeals the granting of summary judgment in favor of the Carlson Law Firm, P.C., Edna Elizondo Stenberg as Heir of the Estate of Frank Jared Stenberg, and Teresa Christian (collectively “Carlson”). Carlson represented Dornak in a personal injury claim arising out of an automobile accident. After Dornak became dissatisfied with Carlson’s representation, Dornak released Carlson fr

Appellant Greg Daniels appeals from the final decree in his divorce proceeding from appellee Edith Funes. Daniels also appeals from a protective order issued by the trial court during the pendency of the divorce proceeding. (1) We affirm both the divorce decree and the protective order.


JURISDICTION

As a threshold matter, we must address the question of our jurisdiction over Dani

This is a shareholder derivative action by minority shareholder Mark S. Reilly against a corporation and its majority shareholder, Lena Brion, and as relevant here, the corporation's outside counsel, Greenwald & Hoffman, LLP, and Paul E. Greenwald (together, Greenwald). The complaint alleges causes of action against Greenwald for negligent and tortious conduct for facilitating the majority shareho

Plaintiff Yan Sui appeals from the judgment dismissing with prejudice his action against defendants Stephen D. Price and 2176 Pacific Homeowners Association after the court sustained without leave to amend defendants‟ demurrer to plaintiff‟s complaint. The court ruled the complaint did not state facts sufficient to constitute a cause of action and could not be fixed. We affirm.

FACTS

This is an interlocutory appeal filed by Harl G. Stump, M.D., and Victor M. Eddy, M.D., challenging the district court's decision to apply the unique circumstances doctrine to prevent a cause of action filed by Danny Mangus from being barred by the statute of limitations. Although we recognize that the unique circumstances doctrine is one of specific and limited application, we affirm the district

In this action under 42 U.S.C. § 1983, James Jennings sued Judge Houston Patton, a county judge in Mississippi, for allegedly causing Jennings to be prosecuted without probable cause. Judge Patton moved to dismiss, or in the alternative for summary judgment, arguing in part that he was entitled to judicial immunity and qualified immunity. The district court denied Judge Patton’s motion, conclud

This lawsuit involves a man and a woman -- the 19 plaintiff Sonny B. Southerland Sr. ("Southerland") and non-party 20 Diane Manning -- two groups of children, and a caseworker's 21 apparent confusion between the two groups. Plaintiff Ciara 22 Manning is the daughter of Southerland and Diane Manning. Ciara 23 was supposed to be living with Southerland at the time in 24 question, but in fact had lef

In this probate dispute, an unsecured estate creditor appeals the trial court’s summary judgment in favor of the estate’s independent executrix. The creditor sued the executrix, individually, for breach of fiduciary duty, for various negligence and fraud claims, and for conversion. On appeal, the creditor contends that the trial court erred in granting summary judgment on his negligence, gro

A jury found that a homebuilder, Balay Builders, Inc., and its owner, Anthony Balay, violated the Texas Deceptive Trade Practice Act through misrepresentations, nondisclosures, and unconscionable conduct, causing the home owners, Robert and Ann Gamble, damages of $81,000. The jury also found that such conduct was committed willfully and therefore awarded additional damages against Balay Builders

Christus Health Services, d/b/a Uniform Services Family Health Plan (Christus) manages a network of medical and healthcare providers in east Texas and western Louisiana. The health plan is for active and retired members of the Armed Services, their families, and survivors. Quality Infusion Services (Quality) provided medical services to several Christus members referred to it by a specialist in

The trial court sustained a lender‟s demurrer to the borrower‟s complaint for breach of contract, fraud and statutory violations in connection with the lender‟s foreclosure of the mortgage loan on the borrower‟s home. The borrower‟s failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the lender bars the borrower from li

This appeal involves a dispute over legal fees between attorney, appellant O. F. Jones III, and his client, appellee Richard Whatley. Following a bench trial, the court entered judgment against Jones and filed findings of fact and conclusions of law. The trial court also awarded Whatley his attorney's fees on his counterclaims and his expert attorney witness's fees. By multiple, unnumbered issu

Appellant, Marshall Howard d/b/a Four Seasons Automotive, appeals from trial court judgments in favor of appellees, The Burlington Insurance Company (TBIC) and McClelland & Hine, Inc. (MHI). In two issues, Howard contends the trial court erred in granting the no-evidence and traditional motions for summary judgment filed by TBIC and MHI. We affirm the judgments of the trial court.

I. FACTUA

In this probate dispute, an unsecured estate creditor appeals the trial court’s summary judgment in favor of the estate’s independent executrix. The creditor sued the executrix, individually, for breach of fiduciary duty, for various negligence and fraud claims, and for conversion. On appeal, the creditor contends that the trial court erred in granting summary judgment on his negligence, gro

This is an appeal from several orders of the district court dismissing Plaintiffs-Appellants’ claims or granting summary judgment to Defendants- Appellees. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Background

A. The Parties.

The Plaintiffs in this action are six participants in and two beneficiaries of a life insurance plan (the “Plan”) offered by Qwes

Seng-Tiong Ho and Yingyan Huang brought this action against Allen Taflove and Shi- Hui Chang in the United States District Court for the Northern District of Illinois. They alleged that the defendants, members of another research team at the same university, violated the Copyright Act by publishing equations, figures and text copied from the plaintiffs’ work. The plaintiffs also raised several s

Plaintiff-appellant Debra Lewisis a former employee of School District #70 in St. Clair County, Illinois (the “District”), whose employment was terminated after a period of absence under the Family and Medical Leave Act (“FMLA”). Following her termination, Lewis sued the District, school superintendent Robin Hawkins, and members of the District’s school board, alleging violations of the

In this qui tam action brought under the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., relator Susan Hutcheson appeals from a Rule 12(b)(6) dismissal of her claims against Blackstone Medical, Inc. (Blackstone).

Hutcheson argues that Blackstone "knowingly" "cause[d]" hospitals and physicians to submit materially "false or fraudulent" claims to Medicare, Medicaid, and TRICARE in violat

Plaintiff Julia Knapp, on behalf of herself and all others similarly situated, appeals from the trial court‟s order denying her motion for class certification as to her claims against defendant AT&T Wireless Services, Inc. (AWS), for violation of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), violation of the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq

of California‟s Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200 et seq.), False Advertising Law (FAL) (§ 17500 et seq.), and Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.), plus common law fraud and unjust enrichment. 1 The trial court ruled that Hill‟s amended complaint failed to state a cause of action (Code Civ. Proc., § 430.10, subd. (e)), denied further leave

The First Amendment of theConstitution states that Congress shall make no law abridging the “right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Under the Noerr-Pennington doctrine, federal antitrust laws have been interpreted to protect these First Amendment rights by immunizing petitioning activity from liability. In this appeal from the di

In nineteen issues, Game Systems, Inc. a/k/a Texas Game Systems appeals from the trial court’s denial of its motion for summary judgment against and the grant of summary judgment for Forbes Hutton Leasing, Inc. (Leasing), Gametronics Gaming Equipment Limited (Tronics), and Robert Houchin (Houchin) (collectively Appellees). We affirm in part and reverse in part. Because we hold that the trial c

This case comes before us on appeal for essentially a third time.1 The current appeal is by the plaintiffs below, Farouk Abadir, Hosny Gabriel, Ricardo Ramos, Alfredo Rivas, Michael Vega and Huntington Anesthesia Group, Inc. (“Appellants”) from a November 19, 2009, order of the Circuit Court of Cabell County granting a motion to dismiss filed by the defendants below, Mark Dellinger and the law