This appeal arises from a civil administrative action by the Consumer Protection Division of the Maryland Office of the Attorney General (“CPD�) against appellants Julia B. Passyn, Theodore B. Passyn, Theodore B. Passyn, III (“the Passyns�), and Bayly Crossing, LLC. CPD charged appellants with failing to register under the Home Builder Registration Act (“HBRA�), Maryland Code (2004 Rep

The appellants, P Patricia C. Tolliver and Betsye S. Manser, are the daughters of Frances L. Tolliver and the copersonal representatives of Frances’ estate (collectively the estate). Frances died while residing at Hospice House. T The estate sought damages for Frances’ pain and suffering while residing there. It sued Hospice House; the Visiting N Nurse A Association (VNANA), which provided hos

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c

Plaintiff, a lessor of merchandise, appeals from a judgment dismissing her lawsuit against defendant, a lessee of merchandise, seeking damages under the Missouri Merchandising Practices Act (MMPA), section 407.020 RSMo (2000)1 for failure to state a claim. She asserts that she alleged sufficient facts to establish her claim that defendant violated the MMPA by deceiving plaintiff into believing a d

Lisa Adams (Adams), William O. Weindell and Pauline Weindell (collectively referred to as Weindells; Adams and Weindells collectively referred to as Plaintiffs) appeal from the trial court’s grant of summary judgment in favor of Stefano Cossa and Susan Cossa (Cossas or Defendants) on Plaintiffs’ First Amended Petition alleging misrepresentation.1 We reverse the trial court’s grant of summary

Giant of Maryland, LLC (“Giant�) appeals a judgment entered on a jury verdict in the Circuit Court for Prince George’s County in favor of Julia M. Taylor, a former Giant employee, in an employment discrimination and retaliation case. After a seven-day trial, the jury found by special verdict that, during a particular time period ending on February 3, 2003, Giant discriminated against Taylor

Donaldson Company, Inc., a nonsignatory, seeks to compel arbitration against Burroughs Diesel, Inc., a signatory to an agreement with an arbitration clause. The district court ordered arbitration. Burroughs appeals. Jurisdiction being proper under 28 U.S.C. § 1291, this court reverses and remands.1

I.

In 1999, Burroughs signed a Dealer Full Service Agreement with Western Star Truck

Robert Rakes and Robert Hollander (plaintiffs), the named plaintiffs in a purported class action lawsuit against Life Investors Insurance Company of America (Life Investors), appeal from the district court’s1 order denying their motion for a continuance under Federal Rule of Civil Procedure 56(f) and granting summary

I. Background

Rakes and Hollander purchased long term care (LTC)

This case arises out of a motor vehicle collision between Roger Anthony and Jan Stanislaw. The parties reached a settlement before a trial on the merits, and the district court dismissed without prejudice. Anthony filed a consent motion seeking dismissal with prejudice, which the district court granted. Defendants successfully moved to rescind that order under Federal Rule of Civil Procedure 60(b)

A constructive trust arises ‘‘when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,—as numberless as the modes by

Robert Doyle’s 1996 suit against a pharmaceutical
20 manufacturer alleging injury for a drug he took in 1989 and
21 1993, was dismissed in 2006 by the New York state court
22 after Doyle and his attorney failed to appear at a
23 scheduling conference. When Doyle later commenced this
24 diversity suit on the same claim, Doyle resisted the drug
25 company’s limitations de

[¶1] Blue Star Corporation appeals, and CKF Properties, LLC, cross-appeals, from a summary judgment of the Superior Court (Cumberland County, Delahanty, J.): (1) in favor of Blue Star on its claim for breach of contract against CKF; (2) in favor of CKF on Blue Star’s claim for lost profits damages resulting from the breach; and (3) in favor of CKF’s president, Timothy Flannery, as to all clai

This appeal involves a consumer class action alleged against defendant AT&T Wireless Services, Inc. (AT&T),1 based upon AT&T‟s marketing and sale of premium cell phones that operated on a wireless network that AT&T allegedly modified in a manner that rendered those premium cell phones essentially useless. What started as a 13-page original complaint alleging causes of action under the Unfair Com

The question of the preemption of state law by federal tobacco legislation has been addressed numerous times. Today, we address the preemption issue in the context of the doctrine of fraudulent joinder, which is invoked to achieve diversity jurisdiction. We hold that the district court erroneously allowed the defendants-appellees to achieve diversity jurisdiction by its incorrect finding that the

Following an adverse jury verdict on a fraud claim, Wayne Frier Home Center of Pensacola, Inc. (Wayne Frier), filed an appeal, while Vanessa Hartley and the estate of Robert Hartley cross-appealed the trial court’s denial of their motion to amend their complaint to add a claim for punitive damages. Wayne Frier has voluntarily dismissed its appeal, while the cross-appeal remains pending. We concl

In 2006, a dispute arose between plaintiff Delois, then a tenant of defendants in a “live/work� space on Harrison Street in San Francisco, and defendants. The dispute, described in more detail below, was purportedly resolved by a written agreement between the parties. But various and sundry factors led to alleged breaches of that agreement; in any event, plaintiff did not vacate the premises o

The trial court erred in refusing to award litigation costs to a litigant (The Vons Companies, Inc.) that prevailed on two causes of action assigned to it by the original plaintiff (Mock Ranch, Inc.) in a settlement of Mock‟s complaint against Vons. The trial court did not err, however, in denying Vons‟ motion for attorney fees under Civil Code section 1717, because the warranty on which Vonsâ

Bryan Lyons (Lyons) appeals from the district court’s1 order denying postjudgment motions he filed following the dismissal of his civil action against his former landlord, Jody Pryor. Upon careful review, we conclude the district court did not abuse its discretion in denying Lyons’s motions. See Murphy v. Mo. Dep’t of Corr., 506 F.3d 1111, 1117 (8th Cir. 2007) (standard for reviewing denial

Ken Hodak was hired as CEO of United American Resources GP Services, LLC, in May 2006. In his first four months, Hodak’s performance was less than satisfactory. After management came to suspect that Hodak had breached his Confidentiality Agreement by improperly disclosing to third parties UAR’s pending negotiations to acquire other companies, Hodak was terminated for cause without prior notice

In these consolidated appeals, the National Football League (NFL), Dr. John Lombardo, Independent Administrator of the Policy on Anabolic Steroids and Related Substances, and Adolpho Birch, the NFL’s Vice President of Law and Labor Policy, appeal the district court’s1 order, concluding that the Minnesota statutory claims alleged by Kevin Williams and Pat Williams of the Minnesota Vikings (coll

A nasty confrontation between various law enforcement officials and Barbara Suarez and her son William resulted in the Suarezes’ arrest. The officers entered the Suarez home late at night with a search warrant they had obtained based on evidence that an underage drinking party was taking place at the house. Barbara was charged with contributing to the delinquency of a juvenile and William was ch

This case involves two appeals arising from the dismissal of a putative consolidated class action against H&R Block, Inc. (“Block�), and individual defendants who are corporate officers or directors of Block. First, Horizon Asset Management Inc. (“Horizon�) appeals the merits of the dismissal, arguing that the district court erred in concluding that Horizon failed adequately to plead scien

In these consolidated appeals, the National Football League (NFL), Dr. John
Lombardo, Independent Administrator of the Policy on Anabolic Steroids and Related
Substances, and Adolpho Birch, the NFL’s Vice President of Law and Labor Policy,
appeal the district court’s1 order, concluding that the Minnesota statutory claims
alleged by Kevin Williams and Pat Williams of the Minneso

Antonio Jackson appeals from a district court order dismissing his statutory race discrimination claim and compelling arbitration. Under the circumstances presented here, we conclude that the district court was required to determine whether the arbitration agreement was unconscionable, and we remand for further proceedings.

I

Jackson was an employee of Rent-A-Center West, Inc. (â

Antonio Jackson appeals from a district court order dismissing his statutory race discrimination claim and compelling arbitration. Under the circumstances presented here, we conclude that the district court was required to determine whether the arbitration agreement was unconscionable, and we remand for further proceedings.

I

Jackson was an employee of Rent-A-Center West, Inc. (“Em