Jean-Georges Schwartz appeals the district court’s grant of summary judgment for the Appellees on his claims of fraud in the inducement, negligent misrepresentation, unjust enrichment and rescission. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

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Schwartz, a resident of France, is a businessman who owns 90% of the company Four Js Development. Brent Hansen and Kevin G

Carmen Kovacevic, in propria persona, filed a complaint containing 11 causes of action against Avalon at Eagles' Crossing Homeowners Association (Avalon), various directors of Avalon, and the property management company that manages the condominium complex in which Kovacevic lives, Bruner & Rosi Management, Inc. (Bruner & Rosi). The defendants filed a notice pursuant to Code of Civil Procedure sec

We must decide whether consumers can pursue claims against a company that allegedly deceived them into buying memberships in a discount club.

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A

In response to a television advertisement, Patricia Sanford purchased Tae-Bo fitness tapes over the phone in February 1999. West Corporation (“West”) operated the call center that received Sanford’s call. Pursuant to West

This consolidated case comes to us on appeals from the district court’s grant of summary judgments in favor of the plaintiff-appellee, John W. Costello, Litigation Trustee under the Comdisco Litigation Trust, and against defendants-appellants in an action to enforce certain promissory notes. For the reasons that follow, we affirm in part and vacate in part the grants of summary judgment in favor

Defendant appeals as of right a trial court order granting partial summary disposition in plaintiffs’ favor and denying defendant’s motion for summary disposition. Because the trial court properly found the lease at issue void, and because defendant was not entitled to summary disposition in his favor, we affirm.

In May 2006, plaintiffs and defendant entered into a lease agreement whe

Total Clean, LLC appeals the summary judgment rendered in favor of Cox Smith Matthews Incorporated and Renee McElhaney. We affirm the take-nothing judgment on Total Clean’s negligence, negligent misrepresentation, and fraud claims because Total Clean failed to present any evidence of actual damages in response to the motion for summary judgment. However, we reverse the judgment on Total Clean’

¶1 Plaintiffs Ryan and Lene Morford (the Morfords) appeal from the trial court's order granting summary judgment in favor of the Division of Child and Family Services (DCFS) on the Morfords' negligence and breach of contract claims.1 We affirm.

¶2 The Morfords' complaint alleges that DCFS breached various contractual duties and acted negligently in connection with (1) the placement of B

Appellee J.W. Nelson Transports, Inc., d/b/a Groendyke (“Groendyke”) filed suit against appellant Duncan M. Harrison, Jr. (“Harrison” or “Harrison, Jr.”), alleging causes of action for negligence, negligent misrepresentation, and breach of warranty. The trial court awarded Groendyke damages and stipulated attorney’s fees. Harrison now challenges the judgment, arguing that the evidenc

The trial court rendered summary judgment for appellee, Patrick Kelley, individually and in his capacity as owner of The Law Offices of Patrick Kelley, dismissing with prejudice the claims of appellant, Sara A. Morton, for (1) breach of contract, (2) breach of fiduciary duty, (3) negligent misrepresentation, (4) fraud, (5) intentional infliction of emotional distress, and (6) promissory estoppel.

This is an appeal from a trial court's order awarding damages under claims for breach of contract and violation of the Payment of Wages Act. Appellant Brown & Brown of South Carolina (Appellant) contends the trial court erred (1) in finding it breached its contract with Respondent Blair Mathis (Mathis); (2) in finding it violated the Payment of Wages Act; (3) in applying the Payment of Wages Act

In this appeal from the dismissal of an action alleging breach of contract, fraud in the inducement, and violation of the Virginia Consumer Protection Act, Code §§ 59.1-196 et seq. (“VCPA” or “the Act”), we consider whether the trial court erred when it sustained the demurrers of Concord Condominium, LLC (“Concord”) to the complaints of Phillip Abi-Najm (“Abi-Najm”) and other pur

Plaintiffs William Michael Moore (Moore) and Patrick O'Flaherty (O'Flaherty) appeal the dismissal of their claims against defendant Turner Construction Company (Turner) as barred by the statute of limitations. Because the extraordinary circumstances surrounding the inception of their employment relationship with Turner do not toll the applicable statutes of limitations, and because there is no ba

A class-action lawsuit can give a large number of consumers with small claims the power to act collectively in seeking redress against a corporate entity. In this appeal, we must decide whether denying thousands of individuals the opportunity to proceed as a class in a consumer-fraud action was an abuse of discretion.

Plaintiff Melissa Lee purchased, for a price of about $120, three bottles

Plaintiffs brought this class action after unencrypted records containing personal, medical, and financial information of an estimated 365,000 patients were stolen from the car of one of defendant's employees. Plaintiffs alleged that defendant had negligently failed to safeguard those records and that defendant had violated the Unlawful Trade Practices Act (UTPA) by representing that it would kee

Plaintiff-appellant Claudia DiFolco (“DiFolco”) appeals from so much of an order 3 entered on March 30, 2007, in the United States District Court for the Southern District of 4 New York (Preska, Ch. J.), as dismissed, for failure to state a claim pursuant to Fed. R. 5 Civ. P. 12(b)(6), her causes of action for breach of contract (and related New York Labor 6 Law violations), defamation, and to

¶1 In what was initially a Rule 6 but later converted to a Rule 10,1 Rules Governing Disciplinary Proceedings, 5. O.S. 2001, Ch. 1, App. 1-A proceeding, the complainant, Oklahoma Bar Association, charged the respondent, Gloyd Lynn McCoy (McCoy/attorney), with thirteen counts of professional misconduct ranging from failure to communicate to misuse of client funds and notice of suspension by the U

This is a class action pursuant to ERISA by participants in an employer’s 401(k) plan against named and de facto fiduciaries of the plan. The participants appeal the district court’s order granting the fiduciaries’ summary judgment motion on the participants’ claims that the fiduciaries 1) imprudently invested plan assets in the employer’s stock; 2) negligently misrepresented and failed

Particularly in these days of rampant foreclosures and short sales, “[t]he manner in which California‟s licensed real estate brokers and salesmen conduct business is a matter of public interest and concern. [Citations.]” (Wilson v. Lewis (1980) 106 Cal.App.3d 802, 805-806.) When the real estate professionals involved in the purchase and sale of a residential property do not disclose to the b

Michael Sean Huitt and Matt Nino (hereafter collectively plaintiffs) were injured while attempting to light a water heater at a construction site (hereafter the school site or school) owned by the Porterville Unified School District (hereafter the school district). After initial attempts to light the water heater‟s pilot light failed, Huitt decided to bleed any accumulated air in the natural gas

Plaintiffs Louis and Katherine Leonor appeal as of right from the trial court’s order granting summary disposition to defendants under MCR 2.116(C)(8) and (C)(10) and dismissing plaintiffs’ claim for fraudulent misrepresentation. We affirm.

Plaintiffs filed this action in February 2008, seeking recovery for defendants’ alleged fraud in connection with a claimed lost opportunity to sel

In this interlocutory appeal, appellant Leesboro Corporation challenges the trial court's grant of appellee Claude Hendrickson's special appearance. Leesboro sued Dixie Demolition, Hendrickson, who is the owner and manager of Dixie Demolition, and several other defendants on various claims related to a salvage operation at a power plant in Rockdale, Texas. Leesboro brought tort claims against Hen

Appellant Phillip Thompson appeals the trial court=s grant of summary judgment in favor of Appellee Judith Rodriguez on her claims of breach of contract and fraud. We hold that Rodriguez was entitled to summary judgment on her breach of contract claim but that the trial court=s judgment did not reflect the proper amount of damages. Therefore, we affirm summary judgment on her breach of contract

This is an appeal from a no-answer default judgment. In three issues, appellants––Hampton-Vaughan Funeral Home, Hampton-Vaughan Funeral Directors, Hampton-Vaughan Funeral Directors, Inc., SCI Funeral Services of Texas, Inc., Hampton-Vaughan Crestview Memoria, SCI Texas Funeral Services, Inc., and Crestview Memorial Park––contend that the trial court abused its discretion by (1) striking a

This five-year-old dispute arises out of the cutting of a number of Leyland cypress trees on Bill Chan‟s Los Altos property adjacent to a fence separating his property and the property of Craig and Kathleen Lund (the Lunds). The Lunds hired an unlicensed tree contractor, Norma Gonzalez, dba Norma Tree Service (Norma Tree), to trim the trees, which had branches that extended onto the Lunds‟ pro

In Osborn v. Hertz Corp. (1988) 205 Cal.App.3d 703 (Osborn), the court held that: (1) a rental car agency is not liable for negligent entrustment when it rents a car to a validly licensed driver who shows no sign of unfitness to drive (id. at p. 713); (2) an agency has no duty to inquire into the driving record of the renter by asking a series of questions concerning, inter alia, whether the rente