Ronald B. Baccei, Trustee of the Eda O. Pucci 2004 Revocable Trust, initiated this action in the Northern District of California, seeking a refund of a penalty imposed by the Internal Revenue Service for late payment of an estate tax. Baccei appeals the district court’s summary judgment order, arguing that the district court erred in: (1) concluding the substantial compliance doctrine was inappl

Dingxi Longhai Dairy (“Dingxi”) agreed to ship 612 metric tons of Inulin, a dietary fiber extract, to Becwood Technology Group (“Becwood”), a Minnesota distributor. The contract called for four shipments from the port of Tianjin-Xingang, China, to Londonderry, New Hampshire. Becwood received the first two shipments, paid for one, and refused to pay for the second because of mold on the ext

In a dispute arising from the purchase and sale of the painting Paysage aux Trois Arbres by Paul Gauguin, this Court is asked to determine whether claims sounding in fraud, negligent misrepresentation, breach of contract, and unjust enrichment were properly pleaded in the plaintiff's complaint.

In July 2000, J. Amir Cohen approached plaintiff Mandarin Trading Ltd.* to solicit interes

The plaintiff, Henry C. Suominen, Jr., was employed as the construction manager of defendant Goodman Industrial Equities Management Group, LLC (GIE), a small real estate development firm. [FN2] In that position, he enjoyed an annual salary of $225,000. After he was fired in 2004, Suominen filed an action against GIE and its principal, defendant Steven E. Goodman, alleging that Goodman had broken a

¶ 1. BURGESS, J. The plaintiff in this declaratory judgment action, Northern Security Insurance Company (Northern), appeals from a superior court judgment that it owes a duty of coverage to Rose, Steven, and Kyle Perron, its insureds under a homeowner’s policy. Northern contends the trial court erred in ruling that: (1) Rose Perron’s misrepresentation did not void coverage of

[¶1] In 2005, Katie Gniadek attended Camp Sunshine at Sebago Lake and met Michael Newton, a volunteer counselor. More than two months after Gniadek left the Camp, Newton sexually assaulted her. At issue on appeal are Gniadek’s claims that (1) Camp Sunshine’s negligence led to the sexual assault, and (2) the Camp is vicariously liable for Newton’s conduct. Because we conclude that Gniadek ca

[¶1] Jan B. Kippax, an oral surgeon, treated Nancy Jacob in December of 2002. Jacob filed a claim alleging that Kippax was negligent in that treatment and failed to obtain informed consent before he performed a biopsy. After a trial, the jury returned a verdict finding that Kippax and his business Androscoggin Oral & Maxillofacial Surgeons were not negligent and the Superior Court (Kennebec Count

Appellant Hypertouch, Inc. filed an action alleging that ValueClick, Inc., various ValueClick subsidiaries and PrimaryAds, Inc. (Respondents) violated Business & Professions Code section 17529.5, subdivision (a),1 which prohibits entities from advertising in a commercial electronic message (e-mail) that contains various types of deceptive content. Respondents moved for summary judgment, arguing t

Appellants, Dale Winfield, Gloria Johnson, and James Winfield (Winfields), appeal from a take-nothing judgment granted in favor of Appellee, Karen Sue Pietsch, pursuant to Rule 166a(c) of the Texas Rules of Civil Procedure, in an action seeking to set aside the unprobated will of their mother, Jena Beth Winfield, and a general warranty deed transferring property from Jena to Pietsch, Jena's daught

Appellant Rufus Odem brought claims for defamation, tortious interference with contract, conspiracy, negligence, and gross negligence against Deloitte & Touche, LLP, John Morgan, and Kathie Schwerdtfeger (collectively “Deloitte & Touche”). Odem’s claims arose out of a report prepared by Deloitte & Touche following a quality assessment review of the San Antonio Water System’s internal audi

After Hebert Acquisitions, LLC ("Hebert") acquired the assets of Tremur Consulting Contractors, Inc. ("Tremur") from Chris and San Juanita Murray, Hebert brought suit for breach of contract stemming from alleged violations of the Asset Purchase Agreement (APA) that governed the transaction. (1) The Appellees brought a counterclaim for breach of the APA. After a bench trial, the trial court found i

Yigal Bosch appeals a judgment in favor of Cedar Village Townhomes Homeowners Association, Inc. (“Cedar Village”) for $21,002.60 in assessments, late fees, and prejudgment interest and $26,689.55 in attorney’s fees. Cedar Village sued Bosch for unpaid assessments under the Condominium Declaration, and Bosch counterclaimed. After the trial court granted two motions for partial summary judgm

A jury rendered judgment in favor of JSCNI and against Transcontinental Products and Services, Inc. ("TPS") for fraud and breach of fiduciary duty. The jury also rendered judgment in favor of JSCNI and against Citibank for fraud, knowing participation in TPS's breach of fiduciary duty, and conspiracy. The jury awarded actual damages against both defendants and exemplary damages against Citibank. T

This case concerns an insurance company’s duty under Colorado law to defend its insureds against claims by third parties. The plaintiff/appellants, David Panico and Janice Panico (the Panicos), sold a property and the buyers, Martha Cesery Taylor and Walter Taylor (the Taylors), sued them upon discovering the property was not as represented.1 State Farm Fire and Casualty Company (State Farm) ref

The Washington product liability act (WPLA), chapter 7.72 RCW, sets forth a statutory form of vicarious liability whereby a product seller assumes the liability of a manufacturer where a product is marketed under the seller’s brand name. Because permitting the product seller to attribute fault to the actual manufacturer would abrogate this provision of the WPLA, principles of comparative fault d

The debtor appeals from orders of the bankruptcy court1 denying confirmation of his Chapter 11 plan, granting the creditors’ motion to convert the case to Chapter 7, and entering judgment in favor of the creditors on certain dischargeability claims raised in an adversary proceeding. For the reasons stated below, we affirm.

I. Background

Mr. Reuter, the debtor, was a founding member

Appellants, Someplace New, Inc., Donald Edward Young, Jr., and Carolyn Jane Young, challenge the dismissal of their second amended complaint, with prejudice, for failure to state a cause of action. The complaint alleged two counts. A s to count I, alleging fraudulent misrepresentation, we reverse. A s to count II, a claim alleging constructive fraud based on breach of fiduciary duty, we affirm wit

The issue in this non-final appeal is whether the class action waiver in an arbitration agreement between McKenzie Check Advance and one of its customers violated public policy. The trial court found that the waiver went against public policy and denied McKenzie’s motion to compel arbitration. McKenzie appeals. The record below supports the trial court’s conclusion that consumers would not be

¶1 On April 8, 2010, the Oklahoma Bar Association (OBA) filed a formal complaint against the attorney Timothy Charles Edwards, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2001, Ch. 1, App. 1-A, alleging violations of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16, 8.1(b) and 8.4(a)(c)(d) of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S. 2001, Ch. 1, App. 3-A

This is an appeal from a jury verdict in favor of appellee, the plaintiff below, Nelda Gonzales. Appellant, the defendant below, Southwest Olshan Foundation Repair Co. (“Olshan”) raises six issues on appeal: (1) there is no implied warranty because Olshan provided an express warranty; (2) recovery is barred by limitations; (3) there is no evidence of reasonable cost of repairs, that physical d

Shay McConnell appeals the trial court’s order granting specific performance of an extrajudicial visitation agreement in which he agreed to allow his parents, Janet and Stanley McConnell, to have access to his son, D.J.M. In eight issues, Shay contends that the trial court erred by granting specific performance of the 2007 visitation agreement, by denying his request for sanctions, by granting

The two cases that we have consolidated for decision in this opinion both deal with the responsibilities of a company with respect to a definedcontribution pension plan that it offers to its employees.

The company in each instance is Motorola, Inc., and the disputes concern employees’ retirement accounts in the Motorola 401(k) Savings Plan (the “Plan”). Bruce Howell was the original p

Employer-supported, definedcontribution plans, including those commonly known as 401(k) plans, play a vital role in the retirement planning of millions of Americans. The Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., uses the following definition for such a plan:

The term “individual account plan” or “defined contribution plan” means a pens

This is a contract dispute between the Mueller Group, LLC ("Mueller" or the "Company") and its former general counsel, George P. Bukuras, over the interpretation of the severance and general release provisions of Bukuras's employment agreement. The district court granted summary judgment against Bukuras on his claim that the Company breached the terms of his employment when it failed to include in

This is an appeal from a jury verdict in favor of appellee, the plaintiff below, Nelda Gonzales. Appellant, the defendant below, Southwest Olshan Foundation Repair Co. (“Olshan”) raises six issues on appeal: (1) there is no implied warranty because Olshan provided an express warranty; (2) recovery is barred by limitations; (3) there is no evidence of reasonable cost of repairs, that physical d