Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought

Plaintiff and respondent Sharon McGill sued defendant and appellant Citibank, N.A. (Citibank) for unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. Alleging claims under California’s unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereinafter UCL), false advertising law (Bus. & Prof. Code, § 17500

In this appeal from a demurrer sustained without leave to amend on the ground of uncertainty, we reverse in part. We conclude that plaintiff Marilyn Van Horn has stated a cause of action, by alleging that the procedure used by defendant Department of Toxic
2
Substances Control (the Department)—for placing a lien on real property for hazardous substance alleviation pursuant to Californiaâ

¶ 1 This appeal concerns a breach of fiduciary duty claim that was the subject of a successful summary judgment motion. Mineral Resources International, Inc. (MRI) challenges the district court’s grant of summary judgment in favor of James Giles and award of attorney fees to Giles. The district court ruled that MRI had not presented sufficient evidence of actual damages caused by the alleged br

Appellee, Wade Brady, sued appellants, Carter Publications, Inc. d/b/a The
West Fort Bend Star (“The Star�) and LeaAnne Klentzman, a reporter for The Star,
alleging that they defamed him in a January 15, 2003 article (“the Article�). Based
2
on the jury’s verdict in Wade’s favor, the trial court signed its final judgment awarding him actual and exemplary damages. In nin

¶ 1 This appeal considers whether an out-of-state company subjected itself to personal jurisdiction in Utah by advertising that it was available to serve Utah clients, contracting with a Utah resident to determine the value of her Utah company, researching the value of that company using Utah-specific data, receiving payment from a Utah client, and directing the finished appraisal to a Utah recip

¶1 Diversified Striping Stystems, Inc. (Diversified) appeals the
district court’s dismissal of its tort claims against Joe Kraus; FLJ,
LLC; and National Striping (collectively, Kraus) on grounds of
forum non conveniens. We reverse and remand for additional
findings.
¶2 On March 2, 2012, Diversified filed a complaint against
Kraus in Utah’s Third District Court, allegi

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his shoulder. Mr. Glaittli claimed his injuries were due to the
GLAITTLI v. STATE
Opinion

¶ 1 This case is about land in Park City, Utah—a little town
that has undergone many transformations. Mormon pioneers first
traveled through the area on their way to Salt Lake City. When
prospectors discovered silver in the hills, it became a mining
boomtown, then, when the price of silver fell, it was nearly
deserted as a ghost town—but industrious residents reinvented it

¶1 L.N. is the alleged victim of the sex crimes charged in this criminal case against Michael Adam Brown. In the proceedings below, L.N. sought to intervene by filing a notice of a claim for restitution. The district court rejected L.N.’s filing on the ground that she was not a proper party and thus lacked standing to file pleadings. It also denied a parallel request for restitution filed by

¶1 Shawnna Cope was injured while practicing with the Utah
Valley State College (UVSC) ballroom dance team, and sued the
state-owned college.1 The district court dismissed the lawsuit, ruling
that the public duty doctrine dictated that UVSC owed no duty of
care to Ms. Cope. The court of appeals subsequently held that the
COPE v. UTAH VALLEY STATE COLLEGE
Opinion of the Cou

¶ 1 This case involves a challenge by relatives of Mr. Kenneth Vanderwerff to an action for a posthumous declaration of unsolemnized marriage brought by Mr. Vanderwerff’s romantic partner and personal representative of his estate—Ms. Janetta Gardiner. We are asked to determine when and how service of process is to be made in the unusual circumstance where a petitioner seeks a declaration of m

Appellant Manuchehr Rahbari was convicted of passing checks with insufficient funds. He was sentenced, pursuant to Penal Code section 1170, subdivision (h) (section 1170(h)),1 to a term in county jail followed by mandatory supervision. The trial court also ordered appellant to pay restitution to certain victims. In the published portion of our opinion, we conclude that the scope of a victim restit

This appeal, after a successful demurrer for misjoinder, tests the limits of California’s permissive joinder statute, section 378 of the Code of Civil Procedure.1 There are no less than 965 plaintiffs listed in the caption of the third amended complaint. Strictly speaking, though, this is a “mass action,� not a “class action.� Had this case been filed prior to 2005, in all probability it

In Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the Supreme
Court held that, with very limited exceptions, the Alien Tort Statute, 28 U.S.C. §
1350 (“ATS�), does not apply extraterritorially to conduct that occurs outside the
United States. 133 S. Ct. at 1665. The actions that form the basis of this case
occurred far from the United States and many decades ago.

COMES NOW Plaintiff Green Country Sewer Co., L.L.C. and for its cause of action the Defendant, alleges and states:
1. Plaintiff Green Country Sewer Company, L.L.C. (“Green Country� or the “Company�), a Limited Liability Company duly organized under the laws of the State of Oklahoma and was all times authorized to transact business in the State of Oklahoma.
2. Defendant Cheryl Hall

Appellants, Allstate Insurance Company, Allstate Indemnity Company,
Allstate Property & Casualty Insurance Company, Allstate County Mutual Insurance Company, and Allstate Fire & Casualty Insurance Company (“Allstate�) appeal an order granting summary judgment in favor of Rehab Alliance of Texas, Inc. d/b/a Steeplechase Family Healthcare and Steeplechase Pain Management & Surgical Associate

Over the course of several decades, Ronald Fagg was
exposed to various asbestos-containing products at work sites, during personal
automotive repairs, during time vacationing and living in the Libby, Montana area. He
was later diagnosed with asbestosis and asbestos related pleural disease. In this action,
he seeks damages from a number of seller and manufacturer defendants, who he<

We are asked to decide whether the United States may be
held liable under the Federal Tort Claims Act for the offreservation
actions of two tribal police officers.
SHIRK V. UNITED STATES 5
I
A
On October 19, 2006, at approximately 5:00 p.m.,
Detective Michael Lancaster and Sergeant Hilario
Tanakeyowma (the “Officers�), two tribal police officers
employed by

In a breach of contract action brought by the estate of a deceased employee against his employer’s workers’ compensation and employer liability insurance carrier, the United States Court of Appeals for the Eleventh Circuit certified the following questions of Florida law:1
(1) DOES THE ESTATE HAVE STANDING TO BRING ITS BREACH OF CONTRACT CLAIM AGAINST ZENITH UNDER THE EMPLOYER LIABILITY PO

Terry Graham, Jr., shot and killed would-be burglar, Hiram Joshua Chambers, at Graham’s ranch house in Smith County, Texas.1 In successfully defending the resulting wrongful death lawsuit by Chambers’ family members,2 Graham incurred $130,841.43 in defense costs, which Graham seeks to recover from Texas Farm Bureau Underwriters (Underwriters), the issuer of Graham’s Texas Farm and Ranch Owne

This is an interlocutory appeal from the trial court’s denial of the Galveston County Health District’s plea to the jurisdiction. Appellee Erica Hanley was injured when the automobile she was driving collided with the District’s
2
ambulance. The District argues that the trial court erred in denying the plea to the jurisdiction because it is immune from suit under both the “emergenc

Appellants Ricky and Karen Holland appeal a take-nothing judgment granted in favor of appellees Freidman & Feiger (F & F), Lawrence J. Friedman, and Marla S. Pittman. In three issues, the Hollands contend: (1) the trial court erred in granting a no-evidence motion for summary judgment on their breach of fiduciary duty claim against Freidman, (2) the trial court abused its discretion in “dismissi

Baltasar D. Cruz sued James Van Sickle, Karl-Thomas Musselman d/b/a Burnt Orange Report, and Katherine Haenschen for libel. Appellees moved to dismiss the suit pursuant to the Texas Citizens Participation Act (the Act),1 commonly referred to as an anti-SLAPP2 statute, designed to protect citizens who exercise their constitutional rights to, among other things, communicate about matters of public c

In this diversity case, see 28 U.S.C. § 1332(a)(1), Shirley Brinkley, a citizen of
Blue Springs, Missouri, appeals the district court’s1 prejudicial dismissal of her claims
against Pliva, Inc. (Pliva), the New Jersey corporation that manufactured the
prescription medication metoclopramide which Brinkley alleges injured her.2 We
affirm.3
I. BACKGROUND
In February 2002, Br