At issue in these consolidated appeals is whether State causes of action in strict product liability, breach of express and implied warranty, and derivative claims for alleged defects in a medical device, the Cypher® Sirolimus-Eluting Coronary Stent (Cypher or device), manufactured by defendant Cordis Corporation (Cordis or defendant) are preempted by the Medical Device Amendments of 1976 (M

A client sued her lawyer, alleging wrongful acts arising from his representation of her during bankruptcy litigation. The trial court granted summary judgment in favor of the lawyer and his firm on the client’s claims, but it denied summary judgment on her claim for equitable disgorgement of the attorney’s fees she incurred. After the trial court denied summary judgment on the

Ophthalmologists Jeffrey Lipkowitz, M.D., and Darmakusuma Ie, M.D., appeal from an order granting summary judgment and dismissing their complaint against Hamilton Surgery Center, LLC. (HSC), Surgical Partners of America (SPA), and Michael W. Crews. A third plaintiff, Kekul Shah, M.D., chose not to participate in the appeal. We affirm.

These are the facts relevant to this appeal, view

Commercial construction projects often present unique challenges to the courts, in part because when an argument erupts over a claimed construction defect, it is inevitably complicated by the conflicting interests of the parties. The project owner wants the building to be free of defects, while other parties to the project, including the general contractor, its subcontractors and suppliers

On January 13, 2004, while participating in a spinning class at a private fitness center, the handlebars on plaintiff Gina Stelluti's spin bike dislodged from the bike, causing her to fall and suffer injuries. In this appeal we must determine whether plaintiff should be bound to a pre-injury waiver of liability that she executed in connection with her membership application and agreement. We concl

General Statutes § 20-327b1 requires a seller of residential property to execute a report documenting his knowledge of specified aspects of the condition of the property. The issue in this case is whether a disclaimer in the contract for the sale of the property is a bar to an action to recover damages from the seller for a negligent misrepresentation in this mandated report. Because the negligen

The defendants, NRT, Inc. d/b/a Coldwell Banker Residential Brokerage (Coldwell Banker) and Frank C. Schoenthaler, appeal the Superior Court’s (Smukler, J.) denial of their motion for judgment notwithstanding verdict (JNOV) and remittitur upon the jury verdict against them for breach of contract and negligent misrepresentation and upon the jury verdict against them for their counterclaims agains

[¶1] Alsham Plaza, LLC; Alsham Supermarket, LLC; and Basel Soukarieh (Alsham) appeal from a judgment entered in the Business and Consumer Docket (Nivison, J.) on a pleading by agreement filed pursuant to M.R. Civ. P. 8(g)1 by Alsham and Coastal Ventures, William Bush, and Jane Bush (Coastal) in which Coastal alleged a breach of contract resulting from Alsham’s purchase of a grocery store and cl

Appellants John and Richard Puccio appeal from the district court's grant of summary judgment to the plaintiffs, Andrew and Kelly Zimmerman, on behalf of a class of clients of Cambridge Credit Counseling Corporation ("Cambridge"), one of the Puccios' business enterprises, pursuant to the Credit Repair Organizations Act ("CROA"), 15 U.S.C. §§ 1679-1679j. CROA was enacted by Congress in 1996 to p

Richard Garriott sued NCSoft Corporation on breach of contract, fraud, and negligent misrepresentation theories, claiming that was fired after he returned from a space flight in 2007. He claimed that he was forced to sell his NCSoft stock at at loss of $ 27 million.

The defenses asserted by NCSoft are not available.

Mr. Garriott is a legend in the video game industry, and was

Janet Carroll appeals a final summary judgment on her health care liability claims against eight nurses--Kristi Donau, Shonna Tobias, Karla McKinney, Melissa Migl, Katie Watson, Leah Delafield, Nathan Lofgren, and SoonCha Sherman (collectively, the "Seton nurses"). (1) The Seton nurses had relied on the tort claims act's election-of-remedies provision. In two issues, Carroll urges that the distri

Allstar National Insurance Agency (“Allstar�) purchased three custom-built computers from Johnicala Johnson, owner of Skypot Computers USA, Inc. (collectively, “Johnson�). Allstar sued Johnson for breach of contract and violation of the Deceptive Trade Practices Act, claiming that Johnson failed to deliver the computers or refund the purchase price. After a bench trial, the trial court d

The commencement of a foreclosure action by Mooring Capital Fund, LLC (Capital) against borrower Phoenix Central Inc. (Phoenix) prompted Phoenix to bring tort and contract counterclaims against Capital. In addition, Phoenix’s president and sole shareholder, Judy Knight, pursued similar claims in her individual capacity against both Capital and its servicing agent, Mooring Financial Corporation (

This case asks us to interpret former RCW 7.04.160 (1943),1 which lists the grounds for vacating arbitration awards arising from private

arbitration proceedings. We must decide whether legal error on the face of the

award is a valid basis for vacating an award. If so, then we must determine whether

the arbitrators' application of state statutes of limitations, thus

In this case, Pearson Ford Co., an automobile dealer, backdated a contract it had entered into with Reginald Nelson, the vehicle buyer. Backdating the contract rendered inaccurate the disclosed annual percentage rate (APR), and resulted in Nelson paying interest for a time period that no contract existed. Pearson Ford also failed to list in the contract Nelson's purchase of automobile liability in

1. The SEC brings this action for various disclosure and accounting violations involving Dell Inc. ("Dell") from 2001 to 2006. Dell's disclosure violations, which relate primarily to Dell's receipt oflarge payments from Intel Corporation ("Intel"), fraudulently misrepresented the basis for Dell's impr~ving profitability. Dell's separate fraudulent and improper accounting during this tirrie period

These two appeals were calendared back-to-back because they arise out of the same factual complex, and the issues presented are inter-related. We consolidate them for purposes of this opinion. In A-5054-08, defendants appeal from an amended judgment entered on May 4, 2009, following a jury's verdict in plaintiff's favor. In A-5265-08, plaintiff appeals from the trial court's post-trial denial

In this direct appeal from the Commonwealth Court, we consider whether “canned� computer software1 constitutes “tangible personal property,� such that the purchase of such software is subject to sales tax under the Tax Reform Code, 72 P.S. § 7201 et seq. (the “Code�).2 For the reasons that follow, we conclude that canned computer software is tangible personal property, and, therefore,

This appeal arises from a contract dispute concerning the construction of a wastewater treatment plant. This dispute has been before us once before. See MCI Constructors, Inc. v. City of Greensboro, 125 F. App’x 471 (4th Cir. 2005). Following that decision, all concerned parties agreed to submit the outstanding issues to arbitration. Arbitration yielded an award to Appellee City of Greensboro (t

A subsidiary of the appellee CUNA Mutual Insurance Company, Inc., was the transferee of a bank’s interest in a truck subject to a defaulted installment loan, and the CUNA subsidiary retained a Texas company, the appellee Assets Recovered, LLC to repossess the vehicle. The truck was found on the lot of Stanley Services, Inc., which had taken possession of it using equipment of its own, according

Patrick Eng, individually and on behalf of his partners in the Missouri law firm of Eng & Woods (collectively “Eng & Woods�), filed a declaratory judgment action against Cummings, McClorey, Davis & Acho, PLC (“CMDA�), a Michigan law firm, seeking a judgment that Eng & Woods need not share a portion of the attorney’s fees awarded to the firm in a personal injury action. CMDA cross-claimed

Michael Adam, administrator of the deceased Richard Kessel's estate, brought suit against Stonebridge Life Insurance Company ("Stonebridge") alleging breach of contract and bad faith after Stonebridge rescinded an insurance policy and denied Adam's claim for benefits. Stonebridge answered, asserting the affirmative defenses of equitable estoppel, lack of standing, waiver, and equitable rescission.

We have long recognized that “[a] contractor of public works who, acting reasonably, is misled by incorrect plans and specifications issued by the public authorities as the basis for bids and who, as a result, submits a bid which is lower than he would have otherwise made may recover in a contract action for extra work or expenses necessitated by the conditions being other than as represented.â€

Virgie M. Martin was injured while working for her employer, Nexion Health at Omaha, Inc., d/b/a Omaha Healthcare Center (Nexion). Martin sued Nexion for negligence. Nexion denied the claims and moved to compel arbitration of Martin’s claims under the terms of its Employee Accident Plan (Plan). The trial court denied the motion to compel arbitration.

On appeal, Nexion argue

{1} Defendant Katherine Allen appeals from a jury verdict finding her liable for fraud, breach of fiduciary duty, malicious abuse of process, and defamation. Based on these findings of liability, the jury awarded Plaintiff Bill Papatheofanis, Katherine’s ex-husband, $257,500 in compensatory and punitive damages. On appeal, Katherine argues that there was insufficient evidence to support the elem