We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entities” in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial

Mark Templin, Karen Chilcoat, and Marion Templin sued The United States of America on a federal tort claim medical negligence theories (medical malpractice) claiming that they were injured and harmed as a direct result of being misdiagnosed with brain cancer when in 2009, in fact, he had suffered a number of small stokes. Because he though that the was dieing, he quit his job, sold his truck, cele

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent, or disruptive behavior.” Benito Acosta (“Acosta”) was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court’s

ACOSTA V. 4 CITY OF COSTA MESA

dismissal

Appellant, Wen Chyu Liu, also known as David W. Liou (“Liou”), challenges his conviction for conspiracy to steal trade secrets and perjury. The principal issue on appeal concerns the propriety of the court’s ruling excluding the testimony of defendant’s engineering expert. We conclude that the district court erred in excluding the testimony but that the error did not affect the outcome of

1. The Defendants and Defendants’ agents, servants and employees administered medical, diagnosis and treatment to the Plaintiff on or about April 5, 2010 and thereafter.

2. The Defendants and Defendants’ agents, servants and employees were willful, reckless and negligent in the medical care, diagnosis and treatment administered to the Plaintiff, and in the fulfillment of administrative,

1, Aiken is an individual residing in Oklahoma County, Oklahoma.

2. Allianz is a for-profit corporation organized under the laws of Minnesota and with its principal place of business located in Minneapolis, Minnesota, but affirmatively does business in the state of Oklahoma.

3. Coons is an agent for Allianz and affirmatively does business in Oklahoma County, Oklahoma. Coon is an indi

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

2

and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w

The defendant in this defamation case asks us to reverse the judgment and remand the case for a new trial. He argues that this result is required because the jury’s answer to the single actual-damages question was predicated on its findings that he published nine defamatory statements that he knew or should have known were false, but the evidence is legally insufficient that one of the statement

Michael Cagle and Martin Lake Construction, Inc. (MLC) appeal the grant of a special appearance in favor of Timothy J. Clark, a resident of the state of New York. Because we agree with Cagle and MLC’s arguments that the trial court had specific in personam jurisdiction over Clark, we reverse the court’s judgment and remand to the trial court for further proceedings.1

I. Factual and Proc

Emily Hairston and her father, James Hairston,1 appeal the trial court’s summary judgment in favor of Southern Methodist University and Brent Erwin on Hairston’s claims for financial aid. In four general issues, Hairston contends fact issues exist precluding summary judgment and SMU2 failed to establish its affirmative defense of accord and satisfaction. We affirm.

BACKGROUND

Appellants seek reversal of the district court’s order denying their motion to dismiss claims asserted against them by Michael Wilson, Sr. under 42 U.S.C. § 1983. Wilson alleges he was unlawfully detained and deprived of his constitutional right to a prompt probable cause determination. Appellants claim they are entitled to qualified immunity. The district court concluded Wilson’s complaint a

Albert DiFederico, a former naval commander, was serving as a civilian contractor for the State Department in Pakistan when he was killed in a terrorist attack on the Marriott Islamabad Hotel. His widow, Mary DiFederico, and their three sons, brought this wrongful death action and survivorship claim alleging that Marriott International ("Marriott") was liable for its failure to adequately secure i

9 Plaintiffs Marcia L. Caronia, Linda McAuley, and Arlene Feldman appeal from a
10 judgment of the United States District Court for the Eastern District of New York, Carol Bagley
11 Amon, Judge, dismissing their tort claims alleging negligence, strict products liability, and breach of
12 the Uniform Commercial Code ("UCC") implied warranty of merchantability in connection with the

2 Richard James and Ronald Mallay appeal from judgments
3 of conviction based on their participation in a wide-ranging
4 conspiracy that involved fraudulently obtained life insurance
5 policies for members of their extended families and others in the
6 Guyanese and Guyanese-American community, and, in several
7 instances, murder of the insured in order to collect on those
8

Plaintiff, the Estate of Charles Henry Alinger, deceased, by and through its duly appointed Administrator, R. Dean Anglin (“Plaintiff’), for its cause of action against the above- named Defendants, alleges and states as follows:

JURISDICTION AND VENUE

1. Plaintiff is the authorized Administrator of the Estate of Charles Henry Alinger,
deceased (“Decedent”), pursuant t

James Luttrell (Luttrell) appeals from an amended judgment entered after a jury verdict and post-trial rulings in his personal injury action. He contends: (1) substantial evidence did not support the jury’s finding that he was five percent comparatively negligent in regard to a hip fracture he sustained at the respondent’s premises; (2) substantial evidence did not support the court’s ruling

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to

We originally issued our opinion affirming the trial court’s judgment on March 14, 2013. Appellant Marcus Hiles filed a motion for rehearing. We deny the motion for rehearing, vacate our earlier judgment, withdraw our previous opinion, and issue this substitute opinion in its place. The disposition of the case remains unchanged. Hiles appeals from a trial-court judgment incorporating a jury verd

This case is before the Court on appeal from two judgments of conviction of first-degree murder and two sentences of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. Richard Robards was convicted in Pinellas County of the 2006 murders of Clearwater residents Linda and Frank Deluca and he now pursues the direct appeal of his convictions and sentences which are subject to automatic r

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil

1. That the Plaintiff is a resident of Oklahoma County, State of Oklahoma.

2. That the Defendant is an incorporated school district located within Oklahoma County, State of Oklahoma.

3. That on or about July 22, 2011 Defendant was placed on notice of the tort claim of the Plaintiff. That ninety (90) days expired after notice to the Defendant without the Defendant accepting liability,

Becky White on behalf of and as Legal Guardian for M.D., a mentally incapacited person, sued Westview Living Center; WVL I. P.P, WVL I, LLC, Westview Living Centers, LLC; Westview Living sCenters, LP; GMGP, Inc.; Marty Machtloff, indeividually and as R.N. Consultant for Westview Living Center; Sandra Adkins, R.N. Consultant for Westview Living Center; Gerald Duehning Corporate Compliance Officer f

¶1 Ms. Penunuri was injured while participating in a guided
horseback ride near Sundance Resort. Before the ride, she signed a
release (Waiver), in which she waived her right to sue Defendants
(collectively, Sundance) for injuries caused by Sundance’s ordinary
negligence. In this appeal, Ms. Penunuri asks us to find that the
Waiver is unenforceable under the Limitations on L

This case arises out of a decision from the Bonner County district court in a case between Employers Mutual Casualty Company (EMC), David and Kathy Donnelly (Donnellys), and Rimar Construction, Inc. (RCI). In 2007, EMC brought a declaratory judgment action against the Donnellys and RCI to establish that under its policy of insurance with RCI, EMC had no duty or responsibility to pay damages claime

Appellant, the estate of Tyler Todd (“Todd”), challenges the trial court’s rendition of summary judgment in favor of appellee, International Bank of Commerce (“IBC”), in IBC’s suit against him for breach of a guaranty agreement

2

and attorney’s fees. In three issues, Todd contends that the trial court erred in granting IBC summary judgment.

We reverse and remand.