¶2 Dr. Mary J. Carter, plaintiff-appellant,1 is a general surgeon practicing in Oklahoma City. Dr. Carter met Michael Schuster, defendant-appellee, during her residency in 2001. Mr. Schuster is an officer and director of Apex Practice Management, L.L.C. (Apex) and TSG, Inc., which provide professional, administrative and business operating services for medical practices. He solicited Dr. Carter a

The plaintiff appeals from an adverse judgment in what began as a diversity suit, but is most securely within federal jurisdiction if recharacterized as a federal-question suit in which the plaintiff’s state-law claims are within the federal courts’ supplemental jurisdiction. 28 U.S.C. § 1367. The reason for this convoluted approach to jurisdiction is that there is serious doubt (as we’ll s

This is an appeal from a grant of summary judgment to defendant Federal Insurance Company concerning a dispute over insurance coverage. Plaintiffs John and James Warren filed suit against Federal Insurance after the company denied coverage to the Warrens under the directors and officers liability section of a policy issued to the Warrens’ former company, Prime Measurement Products, LLC. The prim

Floree Hooper (“Hooper�), acting as Personal Representative of the Estate of Albert L. Clinton, brought this action alleging claims for wrongful death and survival against Ebenezer Senior Services and Rehabilitation Center (“Ebenezer�). The trial court granted summary judgment in favor of Ebenezer, finding the claims were untimely asserted. The South Carolina Court of Appeals affirmed.

This dispute arose after unauthorized parties obtained access to magnetic stripe data from approximately 9.2 million credit cards [FN4] used by cardholders to purchase merchandise at stores of the defendant BJ's Wholesale Club, Inc. (BJ's). Using the stolen data, the thieves were able to engage in fraudulent credit card transactions worth millions of dollars. The plaintiff credit unions, which had

After plaintiff, Judith Hirsch, purchased a townhouse from defendant John Kelsey in 2002, the basement flooded. On April 18, 2005, plaintiff sued Kelsey, the seller of the townhouse; Coromandel Town Home Association, the homeowner’s association; and Optima, Inc., the builder. The trial court dismissed with prejudice plaintiff’s case against Optima but later granted in part plaintiff’s petiti

Plaintiff brought a claim under the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act or Act) (815 ILCS 505/1 et seq. (West 2004)). She alleges that the defendant drug manufacturer deceived the medical community and the public at-large by concealing information about negative side effects of the defendant’s cholesterol-lowering drug. In this case, we are asked to review thr

After BP Products North America, Inc. (“BP�) determined that Salik Rao had secretly paid a BP manager to influence the award of operating agreements in Rao’s favor, BP told Rao it was terminating its franchise relationship with him at his two BP gas stations. Rao maintains that BP failed to give him timely notice of early termination as required by the Petroleum Marketing Practices Act. We c

In this diversity action brought in the Eastern District of Michigan, plaintiff CMACO Automotive Systems, Inc. (“CMA�), a California corporation that supplies parts to automobile manufacturers, alleges that defendant Wanxiang America Corporation (“WAC�), a Kentucky corporation with its principal place of business in Illinois, breached an exclusive partnership agreement to manufacture autom

Appellants Maverick Tube Corporation, Tubos del Caribe, Ltda, and Maverick Tube LP (collectively “Maverick�) appeal the declaratory judgment ruling that Appellee Westchester Surplus Lines Insurance Company (“Westchester�) had no duty to indemnify Maverick in an accident resulting from defective piping. This dispute involves the application of Missouri state law in determining if an insuran

We are asked to decide whether the actions of a child protective services caseworker and deputy sheriff, understandably concerned for the well-being of two young girls, exceeded the bounds of the constitution. Specifically, the girls’ mother, Sarah Greene, alleges, on behalf of S.G., one of her children, that the caseworker, Bob Camreta, and deputy sheriff, James Alford, violated the Fourth Amen

¶1 Monroe Construction Company, L.L.C. (Monroe Construction) and Monroe Property Company, L.L.C. (Monroe Property) appeal an order of the District Court for the Fourth Judicial District, Missoula County, granting Dick Anderson Construction, Inc.’s (DAC) motion to confirm an arbitration award, and denying Monroe Construction’s and Monroe Property’s motion to vacate or modify the award. Monro

PrediWave Corporation (PrediWave) sued Simpson Thatcher & Barlett LLP ("defendant law firm"), attorney George M. Newcombe, and attorney Alexis S. Coll-Very, who had previously represented both PrediWave and its former president and CEO, Jianping "Tony" Qu ("Qu"). Defendants successfully brought a special motion to strike under the anti-SLAPP statute (Code Civ. Proc., § 425.16).1 PrediWave appeals

Plaintiffs Eleonor Bermudez and Antonio Aceves bought a Cadillac Escalade from defendant Fulton Auto Depot, signing a retail installment sale contract. On the contract, Fulton Auto Depot overestimated the vehicle license fees by two dollars and charged the plaintiffs $58.25 for a smog check and certificate but failed to submit the vehicle to a smog check until four months later when the error was

In five issues, which can be properly construed as two, appellant, Netrana, L.L.C. ("Netrana"), challenges a summary judgment granted in favor of appellee, TXU Business Services Company ("TXU"). We affirm.

I. Background

On June 2, 2006, Netrana, a consulting firm, contracted with TXU to provide project management services. The agreement provided the following:

ARTICLE 6: TERM

Appellants, Robert Puckett, James Julius Puckett, Jr., individually and d/b/a Puckett Ranch Properties, Merrill John Stokes, a/k/a Butch Stokes, and CBM Comfort, Inc., d/b/a Ranchbuyers Real Estate a/k/a Ranchbuyers.com ("Ranchbuyers"), challenge the trial court's judgment in favor of appellees, Quint Burris, individually and d/b/a QB Properties. (1) We affirm.

I. Background

Larkin T

By various sub-issues, appellant Bernard Buecker contends the trial court abused its discretion in imposing sanctions against him and in favor of appellee, Joseph C. Roell. Because we conclude the trial court abused its discretion in imposing the sanctions, we reverse the sanctions orders.

Background (1)

Buecker is an attorney, and Roell is a former physician. (2) On March 2, 2000, R

Appellants, Craig Taft and Sylvia Taft (Taft), appeal the granting of two partial summary judgments and final judgment against them and in favor of appellees, Donald S. Sherman and Elsa Sherman (Sherman). We will affirm the judgment of the trial court.

Factual and Procedural Background

In 2005, Sherman was operating a dairy in California. That year, Sherman began invest

We decide in this case whether the Housing Authority of Baltimore City (“HABCâ€�) enjoys governmental immunity from suits in tort if it has exhausted the limits of its commercial insurance policy in payment of prior claims. The case comes to us from the grant of summary judgment in favor of the HABC, the respondent, in a lead paint action brought by the petitioner, Devonte A. Brooks (“Brooksâ€

This appeal presents issues concerning whether a non-signatory may enforce an arbitration clause in a contract signed by its subsidiary corporation, the scope of that arbitration agreement, and whether, even if included therein, the Legislature nevertheless intended statutory antitrust claims to be non-arbitrable. Defendants National Union Fire Insurance Company of Pittsburg, PA (National

This case focuses on the attorney-client relationship, especially its bedrock, the retainer agreement. It is a unique and extraordinary association. The attorney-client relationship has been a fertile source for authors over the years. It has spawned books, poems, plays, and movies. Literature on this topic includes fiction and non-fiction, tragedies and comedies. To resolve this case, we are obli

The named plaintiff, David R. Wilcox, and the plaintiff Shaun A. Wilcox,1 appeal2 from the trial court’s dismissal of their claims against the defendant Acadia Insurance Company.3 The plaintiffs assert that the trial court improperly granted the defendant’s motion to dismiss on the ground that the plaintiffs lacked standing.4 The defendant responds that the trial court properly concluded that

A property owner leased gravel mining rights to a lessee. The lessee in turn leased its rights to a sublessee. The sublessee assumed the lessee’s duty to pay royalties to the property owner and agreed to pay overriding royalties to the lessee. The lessee later assigned the overriding royalties to an assignee. After more than a decade of operating under these arrangements, the sublessee purchased

The parties organized a limited liability company (LLC), ORS 63.001(17), for the purpose of developing a residential subdivision. Plaintiff later brought this action against defendants for damages for breach of contract, breach of fiduciary duty, fraud, and an accounting. His claims arise out of defendants' alleged wrongful conduct in carrying out the terms of the operating agreements that gover

Plaintiff and appellant Robert Davis (Davis) appeals a judgment of dismissal following the sustaining without leave to amend of a demurrer interposed by defendant and appellant Ford Motor Credit Company LLC (Ford) to Davis‟s original complaint.

Ford also appeals, seeking review of a postjudgment order denying its motion for attorney fees.

This litigation relates to Ford‟s bil