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 ... More...   $0 (09-16-2009 - MO)

Appellants-Defendants, Mike A. Abdalla, Basim M. Abdalla, WB Realty, LLC, Q Realty Group, Inc., Greentree Real Estate, LLC, Sawmill Realty, LLC, Hickory Place Realty, LLC, and Maple Leaf Realty, LLC (collectively, the Abdallas), appeal the trial court‟s Order denying their Motion for Summary Judgment on the Appellees-Plaintiffs‟, Raed I. Qadorh-Zidan and Hani I. Qaddoura Zidan (collectively, t... More...   $0 (09-10-2009 - IN)

Maritz Holdings Inc. ("Maritz") appeals the trial court's judgment granting summary judgment in favor of Federal Insurance Company ("Federal"). We reverse and remand for further proceedings.

I. BACKGROUND

This litigation arises from a dispute over the scope of coverage afforded by a director's and officer's (D & O) liability insurance policy issued by Federal to Maritz. Maritz has ob... More...   $0 (09-08-2009 - MO)

Appellants James Clifton Vestal, M.D., Urology Associates of North Texas (AUANT@), Brenda Goldston, and USMD Hospital at Arlington, L.P. (AUSMD@) appeal from the trial court=s denial of their motions to dismiss the claims of Appellees Norman E. Wright, Jr. and Jacklyn Wright for failure to comply with section 74.351 of the Texas Civil Practice & Remedies Code.[2] Because we hold that the expert... More...   $0 (08-31-2009 - TX)

This case primarily involves a dispute between SCO and Novell regarding the scope of intellectual property in certain UNIX and UnixWare technology and other rights retained by Novell following the sale of part of its UNIX business to Santa Cruz, a predecessor corporate entity to SCO, in the mid-1990s. Following competing motions for summary judgment, the district court issued a detailed opinion gr... More...   $0 (08-24-2009 - UT)

Real estate investors sued for two alleged breaches of the investors’ right of first refusal regarding a parcel of real property. The first arose from the proposed transfer of a twenty-five percent interest in the property to a third party in exchange for a twentyfive percent interest in a business to be operated by a the third party on the property. The second arose from the later actual transf... More...   $0 (08-21-2009 - AK)

This is an arbitration case. The primary issue before us is whether a trial court may review and confirm a Apartial final@ arbitration award that does not dispose of all matters submitted to arbitration or a separate independent claim of the parties. We hold, as a matter of first impression, that it may not. We, therefore, reverse and vacate the trial court=s orders and remand the case for furt... More...   $0 (08-20-2009 - TX)

As aptly described by the trial court, ‘‘[t]his particular case is the unhappy story of a financially successful [partnership] that became an environment of distrust, rancor and paralysis after the untimely death of [one of the four partners].’’ On one side is the plaintiff, Thomas Brennan, one of the partnership’s founding members. On the other side are the defendants: the named defenda... More...   $0 (08-18-2009 - CT)

The town of Falmouth (Town), in which the mainland port of Woods Hole is located, serves as the departure point for the ferry to Martha's Vineyard operated by the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority (Authority). The Town is host to a number of open-air parking lots owned by the Authority which provide parking for the ferry's passengers. In 2004, the Town adopted what it... More...   $0 (06-18-2009 - MA)

Defendants-Counter-Claimants-Appellants—Robert L. Stone, Cynthia A. Stone, Robert Stone, M.D., and The Children’s Fund (referred to collectively as the Stones)—appeal the district court’s judgment in favor of the Plaintiffs- Counter-Defendants-Appellees, David Kinnard, Roger Kinnard, Mark Reinitz, and Plaintiff-Appellee Springfield Holding Co. (referred to collectively as the Kinnards, giv... More...   $0 (06-08-2009 - OK)

Jacqueline Gray and Windhover, Inc. (Appellants, collectively) challenge ordinances enacted by the City of Valley Park, Missouri, (City) that address illegal

alien employment in the context of real estate occupation and leasing. Appellants initially filed suit in state court against the City to invalidate the ordinances. The City removed the case to federal court and the parties later filed... More...   $0 (06-05-2009 - MO)

Defendants in this action, cigarette manufacturers and trade organizations, appeal from the district court’s judgment finding them liable for conducting the affairs of their joint enterprise through a pattern of mail and wire fraud in a scheme to deceive American consumers. They also appeal from the district court’s remedial order, which imposes numerous negative and affirmative duties on Defe... More...   $0 (05-23-2009 - DC)

This appeal arises out of a contractual dispute between Plaintiff-Appellant Alan D. Paul and Defendants-Appellees Deloitte & Touche LLP (“D&T”), and Deloitte & Touche, USA, LLP (“D&T USA”) (collectively, “Deloitte”), in which Paul was severed from the Deloitte partnerships. Deloitte and Paul have each filed an appeal from the Superior Court’s grant of summary judgment. We first addre... More...   $0 (05-20-2009 - DE)

This action arises out of a failed land transaction. A jury awarded Plaintiffs Sandra McBeth (“McBeth”) and James Reynolds (“Reynolds”) compensatory and lost-profit damages against Defendants James Carpenter (“Carpenter”), Central Texas Water Solutions L.P. (“Texas Water Solutions”), and Central Texas Water Management L.L.C. (“Texas Water Management”). All parties filed post-ve... More...   $0 (04-16-2009 - TX)

The Fair Debt Collection Practices Act, so far as relates to this case, forbids a debt collector (which the defendant is) to “use any false, deceptive, or misleading representation . . . in connection with the collection of any debt.” 15 U.S.C. § 1692e. The defendant sent a dunning letter to credit card debtors, including the plaintiffs and the 7,000 or so other members of the class that the ... More...   $0 (03-10-2009 - WI)

J o h n Sitarik timely appeals the trial court’s order compelling arbitration in his lawsuit against JFK Medical Center Limited Partnerships (JFK), Hospital Corporation of America, Inc. (HCA), Sheridan Healthcorp, Inc., Gilbert Drozdow, M.D., individually and as employee/agent of Sheridan, Malcolm Dorman, M.D., individually and as employee/agent of JFK/HCA, a n d Gina Melby, individually a n d a... More...   $0 (03-10-2009 - FL)

Triumph Partnerships bought some overdue credit card debts from HSBC Bank USA. One of Triumph’s affiliates sent Marylou Hahn a letter saying that she owed $1,134.55. According to the letter, $1,051.91 of this was an “AMOUNT DUE” and the remaining $82.64 was “INTEREST DUE”. The letter told Hahn that she should pay Triumph rather than HSBC Bank and that the total of $1,134.55 was “inclus... More...   $0 (03-04-2009 - IL)

We consider in this appeal whether the Plaintiffs can recover attorney’s fees generated by a distinguished member of the Oregon Bar who assists a member of the California Bar in litigating a case before the federal district court in the Central District of California (Central District), but who (a) is not a member of the California Bar, (b) does not physically appear before the Central District,... More...   $0 (02-17-2009 - ca)

James W. Cristler, John Purves, James G. Harrod, Sydney Moroff and Mark Lambert, individually and as the representative of a class of similarly situated persons (collectively Cristler), sued a parcel delivery company, Express Messenger Systems, Inc., doing business as California Overnight (Express Messenger). The lawsuit contained a number of causes of actions, all based on a core contention that ... More...   $0 (02-11-2009 - ca)

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch... More...   $250000 (12-23-2008 - MA)

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch... More...   $0 (12-23-2008 - MA)

In this case, we must resolve whether a claim which seeks to impose liability on a limited partner of a limited partnership organized under foreign law must be resolved by applying Michigan law or the law of the foreign jurisdiction. We hold that, without regard to the underlying basis for the claim of liability, the law of the jurisdiction under which the partnership is organized controls the res... More...   $0 (12-18-2008 - MI)

The litigation underlying this appeal arose out of the dispute between the two equal owners of two hotels and a condominium in Ocean City, Maryland. The appellee, Edward J. Dyas, Jr. (Dyas), was the plaintiff below. One of the appellants, Joseph M. Della Ratta (Della Ratta), was a defendant below. We shall refer to Della Ratta and Dyas collectively as "the Developers."

The earliest of their... More...   $0 (12-03-2008 - MD)

This case is one of many stemming from the so-called “contingent commission”
4 arrangements between insurers and brokers that were prevalent prior to October 2004.
5 “Contingent commissions” is a euphemism for kickbacks— insurance brokers would receive
6 payments from insurers for steering business their way.
7 Appellants purport to represent all persons who acquired comm... More...   $0 (11-17-2008 - NY)

This appeal arises out of two separate actions brought by the plaintiffs, Underwriters at Lloyd’s, London (underwriters), AXA Nordstern Art Insurance Corporation (AXA) and National Union Fire Insurance Company of Pittsburgh (National), against, respectively, the defendant, Steven Cooperman (Steven), and the defendant, Nancy Cooperman (Nancy), alleging fraudulent conveyance, statutory theft, conv... More...   $0 (11-05-2008 - CT)