Three months after being rehired by a car dealership, a salesman shot and killed his sales manager at work. The appellants, the manager’s family, sued the salesman, several dealership-related entities, and the appellee, an employment screening company that performed a pre-employment background check on the salesman. The trial court granted the employment screening company’s traditional and no-evid

The petitioners, former shareholders of Kay Company (“Kay Co.”) and Kay Co, LLC (“Kay LLC”),1 appeal from two orders2 entered by the Circuit Court of Kanawha County through which summary judgment was granted to the respondent McGuireWoods, LLP (“McGuireWoods” or “MW”) in connection with claims the petitioners filed against McGuireWoods, their former legal counsel.3 As grounds for their appeal, the

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u

A little over two years into the civil-rights suit brought by Joan Mullin (“Mullin”) over the tragic prison suicide of her son, Robert Mullin (“Robert”), Mullin’s attorney received a discovery document with the potential to reshape the case. A previously undisclosed investigative report about the night
3
Robert died contained statements by fellow New Jersey inmates about a prison guard who

Oregon State University (Oregon State) petitions for a peremptory writ of mandate
directing the superior court to vacate an order overruling Oregon State's demurrer to
George A. Sutherland's first amended complaint (complaint) and to enter a new order
sustaining the demurrer without leave to amend. Oregon State contends the challenged
order violates the federal Constitution's full

Before us is the District Court’s dismissal of Antony Turbeville’s complaint
against the Financial Industry Regulatory Authority (“FINRA”) and its denial of
Turbeville’s motion to remand the case to Florida state court. We affirm both.
I.
A.
The Securities Exchange Act of 1934 (“Exchange Act”) provides that
persons who wish to use any instrumentality of interstate commerce

¶1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industry’s access to tribal lands, the tribe has held hostage the economy of the non-Indian population.
¶2 Ryan Harvey, a plaintiff and part owner o

Thomas Rael appeals the district court’s dismissal of his state law tort claims
as preempted by § 301 of the Labor Management Relations Act (“LMRA”),
29 U.S.C. § 185(a). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
2
I. Factual Background
Rael worked for Smith’s Food and Drug Centers as a meat cutter for 25 years
until he resigned in December 2014. The terms o

The issue presented is whether an adult foster care
provider claiming unjust enrichment may recover the reasonable
value of its services from a defendant who, through
fraud, obtained a lower rate from the provider for the services.
We conclude that, generally, a defendant who obtains
discounted services as a result of fraud is unjustly enriched
to the extent of the reasonab

In this appeal, a plaintiff asks our court to decide if the district
court properly granted summary judgment and partial summary
judgment on his defamation claim based on the running of the statute of
limitations. Additionally, we must determine if the court properly
granted summary judgment on the plaintiff’s malicious prosecution claim
on the ground the defendants merely furn

While driving his three-quarter-ton pick-up truck on May 3, 2012, Kevin E. Trent (“the Defendant”), struck a vehicle being driven by the victim, Karen Freeman. Ms. Freeman eventually died from the injuries she sustained in the collision. In January 2015, the Defendant pled guilty to one count of vehicular homicide resulting from the fact that he was intoxicated at the time of the collision, a Cl

Craig Armstrong appeals the de-nial of his motion for post-judgment relief in this lawsuit al-leging that he was wrongfully arrested and prosecuted for violating the Illinois Sex Offender Registration Act. The dis-trict court, which dismissed Armstrong’s original and amended complaints before service, concluded that relief under Federal Rule of Civil Procedure 59(e) was time-barred and that Armstr

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro

International Medicine Center Enterprises, Inc. (“IMC”) and Edward R. Rensimer, M.D. (“Rensimer”) are appealing the judgment in favor of ScoNet, Inc. (“ScoNet”) and Thomas F. Hurley (“Hurley”), rendered after a jury trial. IMC and Rensimer argue that: (1) the trial court erred by granting a directed verdict against them on their Deceptive Trade Practices Act (“DTPA”) claim; (2) the trial court err

In these proceedings, plaintiff Wayne Oliver filed a complaint in Maryland state court alleging asbestos exposure claims against, among other defendants, Campbell-McCormick, Inc. (“CMC”). In response, CMC filed a third-party complaint against several entities, including General Electric Company (“GE”). GE then removed the litigation to the District of Maryland, prompting Oliver to move to sever hi

SAS Institute (SAS) and World Programming Limited (WPL) are competitors in the market for statistical analysis software. SAS alleges that WPL breached a license agreement for SAS software and violated copyrights on that software. We agree with the district court that the contractual terms at issue are unambiguous and that SAS has shown that WPL violated those terms. We thus affirm the district cou

Defendants Mista L. Lutz and Russell A. Howells appeal
from an order granting attorney fees to plaintiff Stara Orien,
respondent here, after the trial court entered an interlocutory
judgment of partition in her favor. The trial court found that an
attorney fee provision in an earlier settlement agreement among
the parties applied to the partition action, and thus awarded all

In this putative class action, consumers of prescription eye medication allege that manufacturers and distributors of the medication packaged it in such a way that forced them to waste it, violating the consumer protection statutes of their home states. The District Court dismissed the entire action for lack of jurisdiction, finding the consumers’ allegations of injury in fact insufficient to conf

Plaintiff-Appellant Ina M. Collins, who worked as a
beauty consultant in New Jersey for Defendant-Appellee Mary
Kay, Inc. brought this putative class action in the United States
District Court for the District of New Jersey, claiming that
certain Mary Kay policies and practices violated the New
Jersey Wage Payment Law (“NJWPL”). Mary Kay moved to
dismiss the suit on forum n

Plaintiff appeals from an order that granted summary judgment
to the State of New Jersey, dismissing her personal injury claim
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in othe

Plaintiffs‐Appellants Chad E. Cohen and Kirsten Cohen (the “Cohens”)
filed a Complaint in the Superior Court for the State of Connecticut against
Defendant‐Third‐Party‐Plaintiff‐Appellee Postal Holdings, LLC (“Postal
Holdings”), stating a claim of private nuisance based on injuries allegedly caused
by Postal Holdings’s failure to maintain a property it

The question presented in this appeal is whether the plaintiffs
have plausibly alleged “a domestic injury” to their business or
property within the meaning of Section 1964(c) of the Racketeer
Influenced and Corrupt Organizations Act (“RICO”), the provision
commonly referred to as civil RICO.1 This question is one of first
impression—in this (or any) Court of Appeals—arising fro

Amanda Sue Smith filed a three-count complaint against the United States under the Federal Tort Claims Act (FTCA) seeking damages arising from a soured business arrangement she entered into with an FBI confidential informant. The district court granted the United States’ motion to dismiss for failure to state a claim, finding that Smith’s claims had no basis under Georgia law and thus could not su

In this interlocutory appeal, Defendant Jonathan Campbell, a South Jordan
City, Utah, police officer, challenges the district court’s decision to deny him
qualified immunity from Plaintiff Matthew Gadd’s 42 U.S.C. § 1983 claim. Having
jurisdiction under 28 U.S.C. § 1291, see Mitchell v. Forsyth, 472 U.S. 511, 524-30
(1985), we REVERSE because Gadd has failed to show that Officer Ca