Larry Weldon Treadwell and his wife, Carole Elaine Treadwell, arranged and presented a Red Hat Society event for hundreds of women at Glenstone Lodge, Inc. (Glenstone) in Gatlinburg, Tennessee. The Treadwells promised to pay the hotel bill, but skipped town without paying. As a result, the Treadwells owe Glenstone over $150,000. When Glenstone tried to foreclose on the Treadwells’ Missouri home

Thomas Wolfe d/b/a Lake MacBride Golf Course and Thomas Wolfe, individually (hereinafter collectively referred to as Lake MacBride), seek a ruling reversing the district court‘s entry of summary judgment in favor of C & J Vantage Leasing Company, assignor to Frontier Leasing Corporation, assignee, and dismissal of Lake MacBride‘s counterclaims and third-party claims. The court of appeals affir

Angelique Patrick ("Patrick") filed suit against Monte Owens ("Owens"), the Monte Owens Agency, Inc. ("Agency"), and the Missouri Property Insurance Placement Facility ("MPIP"), for breach of contract, reformation, negligence, and fraudulent misrepresentation. Patrick claimed she had obtained high risk homeowner's insurance from Owens and Agency through MPIP. Shortly after meeting with Owens, Patr

Main Street Adoption Services, LLP and two of its officers (collectively, Main Street), none of whom are residents of Michigan, have filed this interlocutory appeal challenging the district court’s conclusions that (1) it has personal jurisdiction over Main Street regarding the various claims of the

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Michigan plaintiffs, (2) venue is proper in the Eastern District of Michigan, and

Bernard Moore has appealed the judgment of the district court dismissing his complaint. Footnote We review, de novo, a district court's grant of a motion to dismiss for failure to state a claim. IOM Corp. v. Brown Forman Corp., 627 F.3d 440, 446 (1st Cir. 2010). Upon de novo review, we affirm essentially for the reasons stated in the district court's memorandum and order, dated April 7, 2010.
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[¶1] Irish Oil and Gas, Inc. appeals from the district court judgment dismissing its complaint against Gerald C. Riemer, Doris E. Riemer, Lillie J. Riemer, and Joanne Johnson ("the Riemers") with prejudice. We affirm in part, reverse in part and remand for proceedings consistent with this decision.

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[¶2] In January and February 2008, Irish Oil entered into oil and gas leases with

This case comprises two separate appeals. A brief summary of the facts and procedural history is necessary to explain the posture of our review.

¶2 Eighty-four-year-old Evelyn Werner (Werner) was physically attacked in her home and had her safe stolen by three assailants, one of whom was Kenneth Hendree (Hendree). Hendree had previously visited Werner's home several times while employe

Defendants Aqeel Yusuf and Mohammed Siddiqui appeal from a judgment of the circuit court of Cook County against defendant Yusuf for fraud, and against defendant Siddiqui for breach of contract, in which the court entered an award of rescission in favor of plaintiff and ordered a return to plaintiff of $168,724.31 for damages. Defendants contend that the judgment of the trial court against defendan

In 2001, plaintiff, William Carr, and his wife purchased a computer from defendant, Gateway, Inc. Carr subsequently filed suit alleging misrepresentation by Gateway as to the speed of the computer’s processor. Gateway sought to dismiss the suit and compel arbitration in accordance with the terms of the sales contract. The circuit court of Madison County denied the motion, holding, inter alia, th

Allen Lefaivre, individually and on behalf of all others similarly situated, brought this potential class action suit against KV Pharmaceutical Company, ETHEX Corporation, and Ther-Rx Corporation (collectively, "KV"). KV manufactures a hypertension medication called Metoprolol Succinate ER. Lefaivre alleged that KV breached its implied warranty of merchantability and violated the Missouri Merchant

Personal Care Products, Inc. (PCP) furnishes incontinence supplies to Medicaid recipients in twelve states, including Texas. In the course of a Medicaid fraud investigation, the Texas Health and Human Services Commission withheld reimbursements from PCP. PCP filed suit against state officers, alleging civil rights violations under 42 U.S.C. § 1983 and seeking damages and injunctive relief. The di

Cotton Patch Café, Inc. appeals the trial court’s order dismissing its suit against Micros Systems, Inc. and Scott Shipferling (collectively Appellees). In four issues, Cotton Patch argues that the trial court erred in dismissing its suit. We affirm.



Background

On May 31, 2001, Cotton Patch purchased a point-of-sale system from Micros Systems, Inc. (MSI) to

A jury found in favor of appellees Bill Devin Hooper, Maria Teresa Hooper, Hooperville, Inc., Alton Haley, and Iralee Haley on numerous claims relating to certain real estate transactions. Based on the jury’s verdict, the trial court entered judgment in favor of Hooper. On appeal, appellant R.D. Harris raises three issues essentially contending the jury’s findings are in conflict and contrar

In this appeal from a bench trial, appellant Donald E. Spencer, pro se, raises twelve issues challenging the trial court’s adverse judgment on his claims under the Deceptive Trade Practices and Consumer Protection Act (“DTPA”). In his first issue, Spencer contends that the trial court erred in not granting leave to amend his petition. In issues two through eleven, he challenges the suffici

{¶ 1} This appeal is before the court on the accelerated docket pursuant to App.R. 11.1 and Loc.App.R. 11.1.

{¶ 2} Plaintiff-appellant, Dr. Tai Hung Matthew Mak (“Dr. Mak”), appeals the trial court’s decision granting defendants-appellees’ motion to stay the proceedings pending arbitration. Defendants-appellees are herein referred to individually as Dr. Seth Jon Silberman (“Dr.

In an insurance application submitted to plaintiff Titan Insurance Company on August 24, 2007, defendant McKinley Hyten represented that she possessed a valid driver’s license as of that date. In reality, Hyten’s license had been suspended and was not restored until nearly a month later, on September 20, 2007. In February 2008, Hyten was involved in an automobile accident in which defendants M

This appeal concerns a forum selection clause in a securities contract. Michael Huffington, a Massachusetts resident, made a $20 million investment in a fund raised by The Carlyle Group ("Carlyle"), a trade name for T.C. Group, LLC, a global investment management firm organized under Delaware law with its principal place of business in Washington, D.C. The investment occurred after Huffington had

Bernard Moore has appealed the judgment of the district court dismissing his complaint. Footnote We review, de novo, a district court's grant of a motion to dismiss for failure to state a claim. IOM Corp. v. Brown Forman Corp., 627 F.3d 440, 446 (1st Cir. 2010). Upon de novo review, we affirm essentially for the reasons stated in the district court's memorandum and order, dated April 7, 2010.
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Appellants Doris Lam and Brian Mai filed suit against appellee Phuong Nguyen and others. The trial court granted summary judgment in favor of Nguyen, severed the claims against her from the remainder of the original lawsuit, and rendered a final take nothing judgment in Nguyen's favor. Lam and Mai appeal, contending the trial court erred in granting summary judgment. We affirm. I. BACKGROUND

The panel, on its own motion, has reconsidered the motion for rehearing filed by appellees, Terry W. Yates, Individually, and Terry W. Yates, P.C., on June 30, 2010, and has determined that its analysis of the statute of frauds issue in its opinion dated August 25, 2010 is erroneous. Accordingly, this court’s opinion and judgment dated August 25, 2010 are withdrawn, and this opinion and judgment

S & P Consulting Engineers, PLLC, appeals the trial court’s denial of S & P’s motion to dismiss for failure to file a certificate of merit within thirty days of filing the petition. We conclude that, under the applicable law, appellees were required to file a certificate of merit with their petition regarding all claims for damages arising out of the provision of professional services by a de

At issue in this case is a fire insurance policy that contains clauses excluding coverage for losses caused by the intentional act or criminal conduct of “any insured.” The question is whether, based on these exclusion clauses, the insurer properly prevailed on a demurrer to the cross-complaint of two allegedly innocent insureds who suffered losses when their son, a coinsured under the policy,

Four residential real-estate appraisers, seeking to represent themselves and a class of others similarly situated, appeal the district court’s determination that they lack prudential standing to sue under the Lanham Act. We conclude that the plaintiffs have pleaded economic injury to a commercial interest caused by the defendant’s anti-competitive conduct. Because this is the type of injury Co

This case involves a dispute about what emoluments are due to an ousted executive under an employment agreement (the Agreement). The district court dismissed the complaint for failure to state a claim upon which relief could be granted. See Fed. R. Civ. P. 12(b)(6). The plaintiff now appeals the dismissal of his claims for breach of contract and breach of an implied covenant of good faith and fair

The plaintiff, Rebecca Merrill, appeals from the judgment of the trial court dismissing her action against the defendants, NRT New England, LLC, doing business as Coldwell Banker Residential Brokerage; NRT New England, Inc., doing business as Coldwell Banker Residential Brokerage; Karen A. Godfrey and V. Holly Hoyt.1 On appeal, the plaintiff claims that the court improperly determined that it lack