Plaintiff-Appellant/Cross-Appellee Liberty Mutual Insurance Company (Liberty Mutual) appeals and Defendant-Counterclaimant/Appellee/Cross-Appellant Zashell Labrador (Labrador) cross-appeals from the certified final judgment (Final Judgment) entered by the Circuit Court of the Third Circuit (1) (circuit court) on July 21, 2005. The Final Judgment determined that Liberty Mutual must pay Labrador $50

Plaintiff and appellant Linda Bosetti was employed by defendant and respondent Palos Verdes Peninsula Unified School District (PVSD). As part of her employment benefits, she was covered under a group long-term disability insurance policy (the policy) issued by The United States Life Insurance Company in the City of New York (U.S. Life). The third party claims administrator for the policy was Keena

Wells Fargo Bank, N.A. (Wells Fargo) appeals from the district court's award of summary judgment in favor of Joel and Tanya Karnitz, who brought this action seeking a declaration that the mortgage held by Wells Fargo on their residence is invalid under Minnesota Statute § 507.02. We agree with Wells Fargo that given the undisputed facts of this case, the Karnitzes should be estopped from relying

George Brown, Jr. (“Appellant�), who appears pro se, appeals the trial court’s judgment denying his “Motion for Reconsideration� which was filed in connection with a wrongful death cause of action brought by Appellant in relation to the death of his son, which occurred at MO Delta Medical Center (“Respondent�). Appellant asserts three points of trial court error.

The record re

This insurance indemnity action is drawn by the packaging of boxes of crayons and colored by the expense of settling a lawsuit directed at the packaging.

Plaintiff Federal Insurance Co. (Federal) filed a declaratory judgment action against defendant Binney & Smith, Inc. (Binney), seeking a declaration that it did not owe a duty to defend or indemnify defendant in connection with a class act

Ross Featherston appeals from a jury verdict on several claims he brought against Tom Keilman & Son Auctioneers, Inc. ("Keilman & Son"), Bud Keilman, Tom Keilman (collectively, "the Keilmans"), and Robert N. Weller. Featherston purchased a historical pistol at a Keilman & Son auction. When the pistol's authenticity proved less certain than advertised, he asked the Keilmans to return his money. The

Appellants Joe M. Garza, Pay Phone Owners Legal Fund, and Ernest R. Bustos appeal a venue transfer order and the trial court’s grant of summary judgment on all of their claims against appellees Jack P. Reed and Houston Surplus Lines, Inc. We affirm. Appellants are apparently victims of a Ponzi scheme involving the purchase of pay phones. They purchased pay phones from American Telecommunications

John Hudson (“Hudson�) was a partner at KPMG LLP from 1984 until 1999, practicing public accountancy in Texas. He did not, however, have the required Texas license to practice. It is alleged that KPMG LLP’s Texas license and registration were therefore improper; its participation in Texas’s publicaccountancy market, unlawful. It is further alleged that KPMG LLP managed to maintain its Texa

East Texas Medical Center sued its insurer, Lexington Insurance Company, for failure to cover a claim filed against it by a patient. A jury found for the Medical Center. The district court then granted Lexington a judgment as a matter of law. The Medical Center appeals. For reasons we will explain, we VACATE and REMAND for additional proceedings.

I. FACTS

This case concerns Lexington

At issue today is whether the district court erred in dismissing the plaintiff’s negligence suit arising out of an accident in which her husband, a sergeant in the United States Army, was severely injured in May 2004 while serving as an armed escort for a large military convoy traveling through a war zone in Iraq. The district court held that the suit was non-justiciable on political question gr

This appeal arises out of an intellectual property dispute between Plaintiff St. Luke’s Cataract and Laser Institute, P.C. (“St. Luke’s�) and Defendants Dr. James C. Sanderson and James C. Sanderson, M.D., LLC (“Dr. Sanderson�) regarding the ownership and use of two Internet domain names (laserspecialist.com and lasereyelid.com) and an Internet website (“the LaserSpecialist.com websi

Defendants appeal from a judgment that reformed a commercial lease by modifying a rent escalation provision and, alternatively, declared the provision inapplicable for the first year of the lease. Defendants, the landlords, assign error to both aspects of that judgment. Plaintiff, the tenant, cross-appeals, contending that the court should have entered the declaratory judgment as the operative j

In this appeal, we consider whether the servient estate owner has any authority to unilaterally relocate an easement burdening its property, provided that the relocation does not materially inconvenience the dominant estate owner.

To facilitate the development of its property into a planned community, appellant St. James Village, Inc., asked the dominant estate owners if St. Jam

This case arises from the sale of an expensive and historic home in Neenah, Wisconsin.

After moving in, the buyers discovered numerous defects in the home and sued the sellers in federal district court for breach of contract, various forms of misrepresentation, and negligence. The present appeal is limited to a dispute about insurance coverage—specifically, whether the sellers’ insurer

¶1 Defendants/Appellants James Cranke, II, Hope Cranke, and Steve A. Rush (collectively, Appellants) appeal the trial court's judgment granting Plaintiff/Appellee Vertex Holdings, LLC a perpetual easement of necessity over certain real property, awarding damages to Appellants, and awarding attorney fees to Vertex. The trial court erred in awarding a perpetual easement of necessity where the essen

¶1 The dispositive issue tendered on certiorari is whether summary judgment was erroneously given to the defendant realtors and sellers. We answer this question in the affirmative. A buyer of real property may rely upon the positive representations of realtors and sellers about the size of the property to be conveyed. When a realtor or seller of real property makes material representations to a p

The present civil action stems from the capsizing in the Baltimore Harbor of a double-pontoon vessel called the "Lady D," resulting in the death of five persons thrown overboard and numerous injuries to others on board (the Accident). Prior to the Accident, the United States Coast Guard (the Coast Guard) had certified the Lady D to carry no more than twenty-five persons, based upon the results of

Plaintiffs are homeowners in Maryland who purchased title insurance from Ticor Title Insurance Company of Florida when they refinanced their mortgages. They allege that Ticor charged them rates that were higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner. And plaintiffs claim that Ticor, by splitting these excessive charges with its local agents, violated S

This case concerns numerous claims arising out of a contract between an investor and a builder for the construction and sale of a luxury home in Westport.

The investor has filed a multicount complaint for the return of his investment and for monetary damages because, although the home belatedly has been completed, bank foreclosures have left the property financially ‘‘under water.’â

These are consolidated appeals. The plaintiff, Robert J. Rossman, brought an action arising from a business dispute with the defendants Guardian Alarm Services, Inc. (Guardian Alarm), Tracy Emro, Jerome Terracino and Thomas Terracino and Patricia A. Morasco, Jerome Terracino’s son and wife, respectively.

Guardian Alarm brought a counterclaim against the plaintiff. The jury found in favor

We face an issue of first impression for this court–whether the discovery rule or the injury rule governs the accrual of claims under the Copyright Act, which has a threeyear statute of limitations for civil actions, 17 U.S.C. § 507(b).

Under the injury rule, a claim accrues, and the statute of limitations begins to run, when the plaintiff suffers a legally cognizable injury. Therefore

This case is yet another of the difficult Indian jurisdiction cases considered by this court. The precise question presented is whether there is colorable tribal court jurisdiction over a nonmember’s federal trademark and related state law claims against tribal defendants for alleged passing off of cigarettes on the Internet, on the reservation of another tribe, and elsewhere.

Philip Morr

This is a review of a published court of appeals' decision1 that reversed and remanded the decision of the Milwaukee County Circuit Court, Jeffrey A. Kremers and Jean W. DiMotto, Judges.2 The circuit court granted the defendants' ——Virchow Krause & Company, LLP, and Donald Vilione (collectively hereinafter "the accountants")——summary judgment motion thereby dismissing the claims of the pla

The plaintiffs were insurance agents of the American Family insurance companies (which we’ll refer to as the “company�). The company terminated their agency agreement, precipitating this diversity suit for breach of contract, governed by Illinois law. The district court granted summary judgment in favor of the company.

The agency agreement provided that it could be terminated by eithe

In this case the Supreme Court of Appeals of WestVirginia reversed a trial court judgment, which had entered a jury verdict of $50 million. Five justices heard thecase, and the vote to reverse was 3 to 2. The questionpresented is whether the Due Process Clause of the Fourteenth Amendment was violated when one of the justices in the majority denied a recusal motion. The basis for the motion was tha