This case began with a prosaic dispute. John and Dawn Ertz (collectively the Ertzes) purchased a motor home from retailer Mega RV Corporation (Mega RV). Citing alleged defects in the motor home, the Ertzes sued Mega RV, Country Coach, L.L.C. (Country Coach; the manufacturer of the motor home), and Bank of America, N.A. (Bank of America; the financier of the transaction) under the Song-Beverly Cons

Appellant Westport Insurance Corporation (“Westport”) appeals the District Court for the Middle District of Pennsylvania’s decision declining to exercise jurisdiction over the instant case and its Order dismissing the case without prejudice and remanding it to the Court of Common Pleas of Lackawanna County, Pennsylvania. Reifer v. Westport Ins. Corp., 943 F. Supp. 2d 506, 512 (M.D. Pa. 2013)

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating illness. As her condition deteriorated over the years that followed, she doggedly sought to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a claim under the Federal Tort Claims Act. When this

This intervention action arises out of a former debtor-creditor relationship concerning real property that was damaged by the San Diego County wildfires of 2007. The main action is a master complaint by damaged property owners, including a defaulting borrower, plaintiff, defendant-in-intervention and appellant Paul Thoryk (Appellant), who owned the property at the time of the fires. A year later,

Humberto Martinez and his wife Liliana Ramirez sued the County of Ventura for injuries Humberto1 suffered when his motorcycle struck an asphalt berm abutting a raised drain on the shoulder of a County-owned road. They contend the drain and asphalt berm constituted a dangerous condition of public property that caused Humberto's injuries. A jury agreed, but returned a defense verdict based on the Co

These appeals present the question of whether California’s usury law applies to a judgment creditor’s agreement to forbear collecting on a judgment. In the actions below, certain judgment creditors agreed to delay executing on their judgments in exchange for the payment of forbearance fees in addition to statutory postjudgment interest of 10 percent on the unpaid balance of the judgments. The

Plaintiff DKN Holdings LLC (DKN) appeals from a judgment of dismissal after the trial court sustained, without leave to amend, defendant Wade Faerber’s demurrer to DKN’s complaint for monies due under a commercial lease. (Code Civ. Proc., § 430.10 subd. (e).)1 DKN also appeals from a postjudgment order awarding Faerber $54,817.50 in attorney fees as the prevailing party in the action on the l

A City of Houston employee, Officer Lemant Monroe, rear-ended Melina Ortiz-Guevara’s stopped car, causing her car to propel forward and strike another car. Another City of Houston employee, Officer S. Boone, investigated the incident and prepared an accident report. The accident report states that Officer Monroe “failed to control speed striking” Ortiz-Guevara, listing the sole factor or con

In this appeal, an individual who was both an officer and a director of a corporation appeals a money judgment rendered against him based on the corporation’s claims for conversion and breach of fiduciary duty. The main issues we address on appeal are whether the trial court erred in finding that the officer and director owed a fiduciary duty to the corporation and whether the evidence is suffic

This is an interlocutory appeal from the trial court’s denial of the City of Houston’s plea to the jurisdiction. Appellee Stephon Lamar Davis was bitten by Houston Police Department Officer R.J. Briones’s K-9 police dog after Briones

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pulled over a car that had repeatedly tried to run Davis’s SUV off the road. The City argues that the trial court erred in denying the ple

The facts underlying this appeal—many of which are undisputed—are hardly believable. Plaintiff-Appellant, Byron Halsey, a young man with limited education, learned that the two small children for whom he had been caring had been tortured and murdered. He wanted to help in the investigation of these heinous crimes but found himself isolated in a police interview room, accused of the murders, to

In this case, we address the applicable statute of limitations when an attorney is sued for malicious prosecution. Almost thirteen months after the resolution in the trial court of Sportsmark Trading, Ltd. v. Roger Cleveland Golf Company, Inc. (Super. Ct. L.A. County, 2007, No. BC365228) (the Sportsmark action), Roger Cleveland Golf Company, Inc. (RCG), the defendant therein, filed a malicious pro

In May 2008, Linda Hopkins fell from an outdoor balcony at the offices of her employer, Perfect Smile Dental Ceramics, Inc. (Perfect Smile). As a result of the injuries 2 she suffered in the fall, she was unable to work. Jurek Kedzierski (Jurek) and Margo Kedzierski (Margo) own Perfect Smile and also own the office building in which Perfect Smile is located.1 Shortly after her accident, Hopkins be

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

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d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease.

FI-Tampa, LLC, and the other named appellants (collectively referred to as FI-Tampa) appeal the nonfinal order of the trial court denying their motion to compel

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arbitration. Cynthia T. Kelly-Hall, as personal representative of the Estate of Altamese M. Kelly (the Estate) filed a three-count complaint in circuit court. Count one alleged nonlethal negligence damages; count two al

Theresa Murders and Martina Maldonado owned a beauty salon and dog grooming business. They sued the City of Madisonville and its contractor, Brazos Valley Services, for their part in the replacing and repairing of a City sewer line in front of the business. The City filed a plea to the jurisdiction alleging governmental immunity, and Murders and Maldonado amended their petition. The City filed ano

It was the third day of the new school year when the brakes failed on the bus driven by Dona K. Elliott, and Elliott’s kneecap was broken in the ensuing crash.1 The bus was a seventeen-year-old Thomas flat-nose school bus owned by Mount Pleasant Independent School District, transporting District students, and driven by Elliott for her employer, Durham Transportation, Inc. Durham had recently con

This appeal mainly concerns what duties a custodian bank has under New York and Florida law to protect a customer from fraudulent transactions carried out by the customer’s investment advisor. We hold that, under the facts alleged here, the custodian bank breached no duty, contractual or otherwise, by accepting on behalf of its customer securities that later turned out to be fraudulent and listi

These appeals arise out of claims against both generic and brand-name manufacturers for injuries related to use of the drug metoclopramide (brandname Reglan). Because the pertinent facts and legal issues of these cases are nearly identical, we consolidate them for disposition.

In case No. 12-60861, Lashley v. Pfizer, et al., Appellant Walter Lashley (“Lashley”) appeals the Southern Dist

In this defamation case, Christopher Comins [“Comins”], appeals a trial court order entering partial final judgment in favor of Appellee/Cross-Appellant, Matthew VanVoorhis [“VanVoorhis”], for Comins’s failure to comply with the presuit notice

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requirement of section 770.01, Florida Statutes (2008). Comins argues that the trial court erred because VanVoorhis is not a “me

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

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d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease.

GoDaddy.com, LLC (“GoDaddy”) filed a petition in this Court seeking an order permitting an interlocutory appeal of the trial court’s order denying GoDaddy’s motion to dismiss plaintiffs’ claims on the basis that such claims are barred by section 230 of the Communications Decency Act (the “CDA”). See 47 U.S.C. § 230. We granted GoDaddy’s request to file an interlocutory appeal. Aft

Lawrence Thomas brought this suit under 42 U.S.C. § 1983 and the New Jersey Civil Rights Act, N.J. Stat. Ann. § 10:6-2, after he sustained an attack at the hands of other inmates at the Cumberland County Correctional Facility (the “CCCF”). The attack occurred after a several-minute long verbal argument between Thomas and a group of inmates in the presence of corrections officers. Thomas brou

In this appeal from a jury trial, Orville Paul Dunagan contends the trial court erred in failing to direct a verdict in his favor on the negligence claim against him. Because we conclude the ordinary negligence standard does not apply and there was no evidence that Dunagan engaged in reckless conduct, we reverse the trial court’s judgment and render judgment in favor of Dunagan.

FACTUAL B

Appellant, Casa del Mar Association, Inc. (“Casa del Mar”), sued appellee, architecture firm Gossen Livingston Associates, Inc. (“GLA”), for services GLA

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provided during renovation of Casa del Mar’s condominiums.1 GLA moved for summary judgment, arguing that the doctrine of collateral estoppel applied based on a previous arbitration proceeding addressing the same renovati