This appeal arises out of the sale of an Arkansas cemetery. A jury awarded the cemetery’s seller, Virgil Shelton, $1,675,000 on his breach-of-contract and fraud claims against Kennedy Funding, Inc. (KFI). KFI appeals. We affirm in part, reverse in part, and remand for reduction of Shelton’s judgment to $675,000.

I. BACKGROUND

A. Factual Background2

1. Shelton Sells R

Sandra Koch, the former wife, appeals a final judgment that ordered her to personally pay Wesley Koch, the former husband, his attorney's fees as a sanction under section 57.105(1), Florida Statutes (2008), for legal work done by Mr. Koch's attorney in response to Mrs. Koch's motion to set aside the parties' marital settlement agreement (MSA). Because the trial court did not abuse its discretion i

This multidistrict litigation involves multiple class action lawsuits arising from the billing practices of defendant AT&T Corporation. Each class of plaintiffs challenged the lawfulness of a monthly line-item charge defendant imposed on its customers to recover contributions to the federal Universal Service Fund (“USF”) required by 47 U.S.C. § 254. One subclass of plaintiffs, comprising all

Plaintiffs own a bar/restaurant in Auburn, Alabama and sued the City of Auburn (the “City”) and City employees under state tort law and 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments. Plaintiffs primarily claim the City and its agents filed false bribery charges and selectively enforced regulatory laws in order to harm the Plaintiffs’ business. Defendants moved for

Pamela McKissick, a former Gemstar executive, sued the company and two of its former officers, accusing them of perpetrating a fraud that rendered her stock options in the company worthless. The district court granted summary judgment to the defendants, holding that Ms. McKissick released her claims long ago when she signed a separation agreement at the end of her employment. Based on another prov

The appellants in this litigation are homeowners who embarked on a major residential home improvement project. They appeal from a judgment in these cross-actions in favor of their general contractor which awarded them only $1,000 in damages on their negligence cause of action. They contend the trial court erred in enforcing an oral contract in violation of statutory requirements that the contract

The assets of Motion Graphix, Inc. were sold to Get Flipped, Inc. after the death of Motion Graphix‟s founder and shareholder, Richard Corrales. The Estate of Richard Corrales (Estate) through its executor Sandra Corrales Favila, Corrales‟s sister, sued Get Flipped and its founder, Raleigh Souther, who was Motion Graphix‟s only other shareholder, for claims including conversion, breach of fi

In this interpleader action,1 the defendant Diana Sebastian Landsberger appeals from the trial court’s judgment rendered in accordance with the report of an attorney trial referee (referee). The court rendered judgment awarding the other defendants, Julio Traslavina and Maria Traslavina, $63,500 as liquidated damages for Landsberger’s default under the terms of a contract for the sale of real

The plaintiffs, Chris K. Sturm and Tammy Sturm, brought this action against the defendants, Harb Development, LLC (Harb Development), and its principal, John J. Harb,1 alleging that their poor workmanship in the construction of the plaintiffs’ new home constituted, inter alia, negligence and fraud, and violated both the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a

In this appeal we consider whether an accounting firm has a duty of care answerable in negligence to its client‟s employees when hired to prepare W-2 Wage and Tax Statements for the client. The trial court sustained the demurrer to the employees‟ second amended complaint against the accounting firm for professional negligence without leave to amend. We affirm the judgment.

FACTUAL AND

Plaintiff and appellant Mitch Tanen (Tanen) bought a $100 travel certificate from defendant and respondent Southwest Airlines Co. (Southwest) in February 2005. He attempted to redeem it 14 months later, after its stated expiration date. When Southwest refused to honor the travel certificate, Tanen sued, asserting that the expiration date violated Civil Code section 1749.5, which makes it unlawful

This case arises from failed negotiations for the acquisition and management of H&W Motor Express, Inc. (“H&W”), a financially struggling trucking company in Dubuque, Iowa. Roger Waldner appeals the district court’s1 adverse grant of summary judgment on his various state law tort and contract claims against three sets of defendants: (1) Urban Haas and Patricia M. Haas (collectively the “Ha

This appeal presents significant issues regarding the interpretation of the Accountant Liability Act, N.J.S.A. 2A:53A- 25, which delineates the circumstances under which an accountant may be held liable for accounting malpractice to a party other than the accountant's client. The appeal also presents significant issues regarding the elements of a cause of action for accounting malpractice and the

California DHI, Inc. filed this action pursuant to the Colorado Dissenters’ Rights Statute to determine the fair value of the shares of dissenting shareholder Dr. Udo Erasmus. At the conclusion of a five-day bench trial, the district court determined the fair value of Dr. Erasmus’s shares was $778,528.33, and subsequently ordered prejudgment interest in the amount of $280,650,86, for a total a

Appellant Keith Clayton Brooks, Jr., appeals the district court’s grant of summary judgment in favor of Appellees Steve Gaenzle and Paul Smith – deputies with the El Paso County, Colorado Sheriff’s Department – in his civil rights actions against them pursuant to 42 U.S.C. § 1983 and his state tort action pursuant to Colorado Revised Statute § 13-80-119.1 The crux of Mr. Brooks’s appea

Inola Drug, Inc. (“Inola”) filed a complaint against Express Scripts, Inc. (“ESI”) that included claims for breach of contract, misrepresentation/suppression, and unjust enrichment/constructive trust. ESI filed a counterclaim for breach of contract. In March 2009, the district court granted partial summary judgment in favor of ESI on Inola’s claim for breach of contract. In early May 200

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

Defendant DCH Temecula Imports LLC (DCH) appeals the denial of its petition to compel arbitration. The trial court found that an arbitration clause in a retail installment sales contract (RISC) for the sale of a car to plaintiff Amberlee Fisher, which included a waiver of the right to bring a class action lawsuit or request classwide arbitration, was unenforceable. Fisher presented several theorie

This appeal stems from the sale of a mineral interest in 1998. Strapped for cash, Appellant Martin Brock Jones, Jr. sold the interest for $55,000. Subsequent field development netted the purchasers revenues upwards of a million dollars. Simply stated, we must decide who knew what when. The trial court entered summary judgment in favor of the purchasers--James Cleo Thompson, Jr., individually and a

Appellants, the Allen and Martha Lewis Revocable Trust and Martha A. Lewis, individually (“Lewis”), sued Daniel and Erin Perales (“Perales”) to establish title to land by adverse possession.[1] Lewis appeals the trial court’s grant of Perales’s motion for summary judgment, arguing that the trial court erred: (1) in failing to rule on or refusing to sustain Lewis’s special exception

“People make mistakes. Even administrators of ERISA plans.” Conkright v. Frommert, 130 S. Ct. 1640, 1644 (2010). This introduction was fitting in Conkright, which dealt with a single honest mistake in the interpretation of an ERISA plan. It is perhaps an understatement in this case, which involves a devastating drafting error in the multi-billion-dollar plan administered by Verizon Communicati

Karen Robinson and her husband (suing for loss of consortium) brought a products liability suit against McNeil Consumer Healthcare in an Illinois state court. The case was removed to a federal district court in Illinois under the diversity jurisdiction. McNeil’s parent, Johnson & Johnson, was a defendant in the district court, but the jury found in its favor and the appellants do not challenge t

For the second time in just over five years, a group of New Jersey blueberry farmers (collectively, “Plaintiffs”) appeals orders of the District Court granting summary judgment to defendant Novartis Crop Protection, Inc. (“Novartis”) on Plaintiffs’ claims for damage to their crops allegedly caused by use of a pesticide manufactured and distributed by Novartis.

The principal issu

Plaintiff Howard Henry appeals from the adverse judgment of the United States District
9 Court for the Southern District of New York (Conner, J.) in his suit against his former employer,
10 defendant Wyeth Pharmaceuticals, Inc. (“Wyeth”), and former supervisors at Wyeth, following a
11 jury verdict for defendants on his claims of racial discrimination and retaliation in violation o

In this case, the plaintff and appellant, Ben Soifer, appeals a judgment entered after the trial court sustained a demurrer to his first amended complaint without leave to amend. In Southland Title Corp. v. Superior Court (1991) 231 Cal.App.3d 530 (Southland), we held that a title company could not be held liable for the negligent preparation of a preliminary report of title. Rather, if a represen