This is a consolidated appeal from the separate orders of a single justice of the Appeals Court and of a full panel of the Appeals Court concerning the award of attorney's fees and litigation costs to the defendants. After a jury-waived trial, a Superior Court judge granted the defendants' motion for fees and costs under G.L. c. 231, § 6F, finding that "substantially all, if not all, of the plain

This appeal from a judgment following a jury trial arises from a dispute between appellant Etan Industries, Inc. and Etan Industries, Inc., d/b/a CMA Cablevision and/or CMA Communications ("Etan") over its authority to install, own, and operate fiber optic and coaxial cable lines on land owned by appellees Ronald and Dana Lehmann without the Lehmanns' permission. The jury found that (i) Etan tresp

In this insurance bad faith case, respondent Amerigraphics, Inc. (Amerigraphics) sued its insurer, appellant Mercury Casualty Company (Mercury), after Amerigraphics‘s business premises were flooded, and Mercury denied full coverage under the policy. There are two primary issues on appeal.

First, what is the meaning of the ―Business Income‖ coverage in the policy which states that Me

In 2004, plaintiffs Gevork Nazaretyan and Narine Ghazaryan applied for and obtained health coverage from defendant California Physicians‟ Service, doing business as Blue Shield of California (Blue Shield), a health care service plan. In 2006, Blue Shield rescinded plaintiffs‟ coverage on the ground that their application contained several material misrepresentations concerning their medical hi

When 19 acres of land are offered for sale for $1.00, any purchaser has reason to be wary. The Milwaukee Metropolitan Sewerage District is responsible for flood control and wastewater treatment in the greater Milwaukee area. As part of a flood control project, the District needed to acquire from Milwaukee County a piece of real estate along Lincoln Creek. The nominal asking price was $1.00. In ant

¶1 This is the attorney's third time before this Court. Munson was suspended from the practice of law from December 12, 1988 through January 4, 1990 (Munson I)1 for two counts of misrepresentation and neglect. The Bar Association filed a complaint against the attorney in 1992. The allegations were that the attorney: 1) misrepresented the nature of business transactions to a bank inducing the inst

Appellant, Jeniffer Aloysius ("Aloysius") appeals the trial court's denial of her special appearance. Aloysius complains that the trial court erred because she lacks the necessary minimum contacts with Texas to establish its jurisdiction over her. Aloysius also complains that the trial court erred by failing to dismiss this suit because Appellee, StenoMaster, Inc. ("StenoMaster") lacks capacity to

Plaintiffs Michael Jordan and Mohammed Baghalzadeh (plaintiffs) appeal from a judgment dismissing their action against defendants Superstar Sandcars, Mark Martin, Ariel Verna, and Frank Yegge (defendants) for failure to bring the action to trial within five years. (Code Civ. Proc., §§ 583.310, 583.360.)1 Plaintiffs contend the five-year period was tolled during two 6-week periods, during which t

Petitioners, Avco Corporation and Textron Lycoming Reciprocating Engine Division (collectively “Avco”) and Precision Airmotive Corporation and Precision Airmotive, LLC (collectively “Precision”), seek certiorari review of the non-final orders denying their motions for summary judgment. They argue that the trial court erred in determining that Respondents’ claims are not barred by the sta

Dr. D. Scott Bender, a general surgeon, perforated Marcy Willis’ small bowel while performing a laparoscopic cholecystectomy (laparoscopic surgery to remove her gallbladder). Relevant here, Willis sued Bender for lack of informed consent and medical malpractice. The district court granted summary judgment to Bender on informed consent claim. The medical malpractice claim proceeded to a jury tria

The Food and Drug Administration (FDA) approved the ANCURE ENDOGRAFT System (Ancure Device) for use by surgeons to treat abdominal aortic aneurysms. Plaintiffs Michael J. McGuan and Lillian Johnson, who suffered severe injuries after they were implanted with this device, brought products liability and personal injury actions against defendants Endovascular Technologies, Inc. (EVT), Guidant Corpora

The signature block on a contract bears an attorney signature under the legend “approved as to form and content.” Does that signature amount to an actionable representation to an opposing party‟s attorney? We conclude that it does not.

Plaintiff and appellant Gary A. Freedman‟s complaint against defendants and respondents Mark Brutzkus and Ezra, Brutzkus & Gubner, LLP (collectivel

Civil Code section 1714.101 places limitations on a party‟s right to sue an attorney for conspiring with his or her client. Subdivision (a) imposes a prefiling, court approval requirement on suits of that nature. Subdivision (b) provides that the failure to obtain the court approval required in subdivision (a) is a “defense” to the action. Subdivision (c) sets out two statutory exceptions to

Missouri resident Donald L. Bryant, Jr. filed suit in St. Louis County against two out-of-state defendants, Smith Interior Design Group, Inc. and William Kopp. His amended petition includes counts of fraudulent misrepresentation and fraudulent concealment in Missouri. The trial court found Missouri did not have personal jurisdiction over the defendants and dismissed the suit. Mr. Bryant appeals.

Harvey Christenson appeals from the district court’s dismissal of his suit as sanction for failing to comply with discovery orders. Because we find this decision a reasonable exercise of the district court’s discretion, we affirm. Christenson filed suit against defendants in September 2007, asserting claims of fraud, fraudulent inducement, and misrepresentation.

On February 26, 2008,

In this diversity case, HealthEast Bethesda Hospital (“HealthEast”) sued United Commercial Travelers of America (“UCT”) for breach of an insurance settlement contract. The district court1 granted summary judgment to HealthEast. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

In June 2005, Nels J. Hansen purchased a Medicare supplement policy from UCT. That

Donald C. Austin (Austin) filed suit against Stokes-Craven Holding Corporation d/b/a Stokes-Craven Ford (Stokes-Craven), an automobile dealership, after he experienced problems with his used vehicle and discovered the vehicle had sustained extensive damage prior to the sale. A jury found in favor of Austin and awarded him $26,371.10 in actual damages and $216,600 in punitive damages.

Stoke

In this appeal we consider whether the circuit court erred in sustaining a demurrer filed by a landlord and its agent, when a tenant claimed to have suffered personal injuries and property damage as a result of misrepresentations and negligent repairs.

William M. Sales (Sales) filed a complaint against Kecoughtan Housing Company (Kecoughtan) and Abbitt Management, Inc. (Abbitt) alleging one

This case arises out of two contracts for the supply and installation of
windows and doors for a hotel construction project on the island of Saint Maarten
in the Netherlands Antilles. PVC Windoors, Inc. sued the parties with whom it
contracted and others for breach of contract and fraud in an effort to obtain
payment for work it performed.1 The defendants moved the district court t

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor's office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevail

Defendant Pfizer, Inc. (Pfizer), the manufacturer of Listerine mouthwash, seeks a writ of mandate to overturn respondent superior court’s November 22, 2005 order certifying a class action filed by plaintiff and real party in interest Steve Galfano (Galfano). The complaint, brought pursuant to the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200 et seq.)1 and the False Advertising Law (F

These consolidated appeals arise from an employment dispute between appellant, Weichert Company of Maryland, Inc. (“Weichert”), and appellee, Dorothy Crago Faust (“Faust”). Weichert brought suit against Faust in the Circuit Court for Montgomery County, alleging breach of contract, employee piracy, breach of fiduciary duty, and unfair competition. Faust counterclaimed for breach of contract

Ilya Boguslavsky, Irene Boguslavsky, Grigory Boguslavsky and Anne M. Boguslavsky1 (collectively, Homeowners) appeal from two orders of the Court of Common Pleas of Wayne County (trial court). The first order, dated October 12, 2006, granted the preliminary objections in the nature of a demurrer of Lake Watawga Property Owners Association (Association) and James Branley, the President of the Associ

Pergo (Europe) AB and Pergo, Inc. (collectively “Pergo”) appeal from the judgment of the United States District Court for the Eastern District of Wisconsin denying its motion for judgment as a matter of law (“JMOL”) or for a new trial on invalidity of claims 7 and 10-12 of U.S. Patent 6,421,970 (“the ’970 patent”) and claim 32 of U.S. Patent 6,397,547 (“the ’547 patent”). Alloc

¶1 This cause concerns an attempt to recover on a defaulted promissory note. The dispositive question presented is whether partial payment on the note extended the time within which to bring an action. The parties stipulated that the issue was whether the suit was time-barred by the five year limitation period of 12 O.S. 1981 §95,1 which was in effect in 1989 when the note was executed, or the s