18 Plaintiff general contractor brought claims of negligence and negligent misrepresentation
19 against Defendant design professionals, over allegedly late and erroneous delivery of professional
20 services as part of the construction of a resort. Each party had a contract with the resort’s owner,
21 but the parties had no contract with each other. The District Court (Murtha, Judge)

Romelle Peoples appeals the granting of motions for summary judgment filed by Genco Federal Credit Union and McDonald Recovery Service, Inc., which denied relief on all of the claims Peoples had filed against them. See Tex. R. Civ. P. 166a(c) & (i). Peoples complains that the trial court erred by granting the motions for summary judgment, that the trial court erred in denying his objections to t

Appellant, Silver Lion, Inc. and appellees, Dolphin Street, Inc. and R. Kent Larsen, have filed motions for rehearing of our May 21, 2009 memorandum opinion and judgment. We deny those motions. We do, however, withdraw our May 21, 2009 memorandum opinion and judgment and issue this memorandum and judgment in their stead.

We affirm the trial court’s judgment in part, holding t

Theodore White, Jr. brought this civil action following his prosecution, conviction, re-prosecution, and eventual acquittal for the alleged molestation of his adopted daughter. White sued his ex-wife, Tina McKinley ("Tina"), and Richard McKinley, the police officer who investigated the molestation charges and Tina's current husband. White alleged a deprivation of his constitutional rights and vari

Appellant, James Grove, appeals from an order by the Circuit Court for Garrett County awarding appellee, Ronald George, $2,040.40 in attorney’s fees and costs. The genesis of the appeal is appellant’s claim for breach of a residential contract of sale (the “Contract”) entered into between the parties. By memorandum opinion and order, dated October 24, 2008, the circuit court granted summar

Between 1995 and 1999, Charles Richard Homa and Michael E. Gause operated an automobile title lending business which actually constituted a huge Ponzi scheme. See SEC v. Homa, 514 F3d 661, 664 (I) (A) (7th Cir. 2008). During that time, Gause donated large sums of money to World Harvest Church (Church), including a $1,000,000 wire transfer from an offshore bank account. The Securities and Exchange

In this action alleging breach of a hotel franchise agreement and federal trademark infringement, defendants Heartland Properties LLC, David W. Adams, and Betty L. Adams appeal the district court’s denial of discovery-related motions, grant of summary judgment in favor of plaintiffs La Quinta Corporation and Baymont Franchising LLC, and the award of liquidated and treble damages to Baymont. We a

This action grew out of business disputes marked by sharp disagreements over asserted trade secrets and contractual obligations. A jury resolved multiple issues leaving but one count which has been appealed. The principal questions before us are whether, under Pennsylvania law, a fraudulent misrepresentation is to be treated as a tort or breach of contract and whether that point has been properly

A jury rendered judgment in favor of JSC Neftegas-Impex ("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, N.A. ("Citibank") for fraud, knowing participation in TPS's breach of fiduciary duty, and conspiracy. The jury awarded actual damages against both defendant

The petitioner, Rita Sutton, by and through her son and attorney-in-fact, Glenn Sutton, appeals Superior Court (Smukler, J.) orders: (1) granting respondent Barbara Aichinger’s motion for summary judgment on Sutton’s petition for a writ of mandamus; and (2) denying Sutton’s request for a permanent injunction to prevent construction and development of Aichinger’s non-conforming lot. Aiching

The defendant, Terry M. Bennett, appeals a decision of the Portsmouth District Court (DeVries, J.) finding, inter alia, that he violated the Consumer Protection Act (CPA), RSA ch. 358-A (2009), in the sale of a car to the plaintiff, Douglas C. Beer. The plaintiff cross-appeals on issues related to the award of damages. We affirm.

The trial court found, or the record supports, the followin

Plaintiffs-appellants Howard Myers and his minor sons Ethan and Lukas Myers (“plaintiffs”) brought claims against Alliance for Affordable Services (“Alliance”), Mid-West National Life Insurance Company (“Mid-West”), and Kenneth Kochan after plaintiffs were denied insurance coverage of medical bills incurred by Ethan and Lukas. The district court dismissed all of plaintiffs’ claims on

This is an action for fraud. Plaintiff filed a workers' compensation claim for injuries to his shoulder and back that he sustained while working for defendant. Defendant denied the claim for both injuries but later accepted plaintiff's claim for his shoulder injury. Plaintiff then filed this action seeking economic and noneconomic damages from defendant, alleging that defendant fraudulently pro

Appellants Francisco and Maria Elena Garcia brought suit against their lender, respondent World Savings,1 for wrongful foreclosure, breach of contract promissory estoppel, and unfair business practices.2 The trial court granted respondent‟s motion for summary judgment, concluding that the foreclosure was valid, that the breach of contract claim was unsupported by consideration, that the promise

The central issue in this case is breach of contract. The plaintiff-appellant, National Inspection & Repairs, Inc. (“NIR”), is appealing the district court’s decision to grant summary judgment to the defendant-appellee, rejecting NIR’s claims for breach of contract, fraudulent misrepresentation, negligent misrepresentation, breach of fiduciary duty, and constructive fraud. A breach of cont

We accepted discretionary review in this products liability case to resolve whether the Court of Appeals properly adopted foreign authority and correctly held that equitable estoppel barred the product manufacturer's statute of limitations defense because the manufacturer allegedly concealed product defects from government regulatory agencies. We also address whether the holding of the Court of Ap

Plaintiffs Chiquita Waters, Tami Waters, and Victor Waters are the children of Ruth Waters, who enrolled in the UCLA Willed Body Program in 1970 and whose body was donated to that program upon her death in 2001. Plaintiffs sued the Regents of the University of California (the Regents) for negligence because of alleged wrongdoing and mishandling of donated bodies by the UCLA Willed Body Program.

Plaintiffs and appellants John Porter and Deborah Blair Porter (the Porters) appeal an order granting a motion for new trial in favor of defendants and respondents, Steven Wyner and Marcy Tiffany (Wyner Tiffany) following a jury verdict that (1) awarded Mrs. Porter $211,000 in back wages and the Porters $51,000 for breach of an attorney fee agreement; and (2) rescinded a release the Porters gave W

Appellant Lawrence Chorosevic pursues this ERISA2 action on behalf of himself and others similarly situated, alleging that Appellees improperly calculated secondary health benefits owed to him for services rendered in 2004. The district court3 denied class certification and granted Appellees’ motion for summary judgment due to Chorosevic’s failure to exhaust available administrative remedies.

Geographic Expeditions, Inc. (“GeoEx”), appeals the district court’s dismissal of GeoEx’s petition to compel arbitration for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(b)(1). GeoEx contends subject matter jurisdiction exists under 28 U.S.C. § 1332(a), which provides federal jurisdiction over disputes between citizens of different states in which the amount in controversy exce

At the heart of this case is a dispute over whether a small technology start-up company owns the source code developed for its product. Its informal employment practices raise questions as to whether defendant-appellant Michael Byce was an employee when he developed the source code. After a bench trial, the district court entered judgment and ordered a permanent injunction against Byce, in favor o

Appellant Toyota Industrial Equipment Mfg., Inc. (TIEM) appeals the trial court’s grant of summary judgment in favor of appellee Carruth-Doggett, Inc., d/b/a ToyotaLift of Houston (ToyotaLift) on its statutory claim for indemnity for losses arising out of a products liability suit. In two issues, TIEM argues that the trial court erred in granting summary judgment because (1) TIEM did not owe a d

Thomas Robinson ("Appellant") appeals the denial of his post-judgment motions seeking relief from the district court’s entry of summary judgment against him. Appellant had moved for relief from the judgment pursuant to Federal Rule of Civil Procedure 60(b), or, in the alternative, to alter or amend the judgment pursuant to Federal Rule of Civil Procedure 59(e). The district court construed Appel

This is the second appeal in a successful action by Robert and Suzanne Cochran (“the Cochrans”), the appellants, against Griffith Energy Services, Inc., t/a Ewing Oil (“Griffith”), the appellee, for damages caused by a fuel oil spill in the Cochrans’ home. The primary issue now in dispute is the amount of post-judgment interest the Cochrans are entitled to receive.

A jury in the C

The plaintiffs, Frank Naples and Karen Naples, brought this action against the named defendant, Keystone Building and Development Corporation, its successor entity, Keystone Builders and Developers, LLC (Keystone, LLC),1 and their principal, Leonard Bourbeau, alleging that their poor workmanship in the construction of the plaintiffs’ new home constituted, inter alia, breach of contract, and viol