Two female athletes, claiming to have been harassed by their basketball coach, Marshall Hess, while they were students attending Northern Essex Community College (college), brought a complaint on October 9, 1996, for monetary damages in Superior Court asserting that the college [FN2] violated G.L. c. 151C, §§ 1(e ), 2(g ), inserted by St.1986, c. 588, §§ 4, 5, by committing an unfair educational p

In this personal injury action, defendants, R.M. Holdings, Inc. and Vantage Point Office Park Association, appeal the judgment entered on a jury verdict in favor of plaintiffs, Barnaby Pedge and Uplink Computing Solutions, Inc. (collectively Pedge). The primary issue in this appeal is whether unidentified or unknown persons may be designated as nonparties pursuant to Colorado's pro rata apportionm

A jury found that Aetna Insurance Company maliciously prosecuted two lawsuits against the insureds, George F. Hillenbrand, a framer, and his company, George F. Hillenbrand, Inc. The Insurance Company of North America (INA) handled the investigation and processing of the claim, as well as the prosecution of the lawsuits against Hillenbrand, but the trial court granted INA's motion for a direct

In July, 1995, the plaintiff and the defendant entered into a contract for the purchase and sale of a condominium in Stratford for $165,000. At that time, the plaintiff paid $1650 for a binder on the property and an additional $16,500 as a deposit. Subsequent to signing the contract, the plaintiff obtained a mortgage commitment and paid a mortgage commitment fee of $1485.

The parties es

The plaintiff commenced this action against the defendants alleging defamation, wrongful discharge and negligent and intentional infliction of emotional distress. On August 18, 2000, Saller filed a motion for summary judgment. On December 27, 2000, LensCrafters, Inc., filed a motion for summary judgment. The court scheduled a hearing on both motions for August 13, 2001; however, at the req

Ramsgate Court Townhome Association and other property owners1 (referred to collectively as "Ramsgate") appeal from the district court's order dismissing their complaint against West Chester Borough for failure to state a claim upon which relief can be granted. Ramsgate's putative class action challenged the Borough's trash collection ordinance under the Equal Protection Clause o

In 1972, Sara Lee Corporation (Sara Lee) entered into a lease for property located at 2700 North Paulina Street in Chicago. The property was a manufacturing and warehouse complex consisting of a main building and three connected buildings. The main building was owned by the Land Trust, while the connected buildings were owned by another trust and are not involved in these proceedings.

Sara L

The issue in this case is whether a condominium unit owner can assert the homestead exemption contained in section 12-901 of the Code of Civil Procedure (the Code) (735 ILCS 5/12-901 (West 2000)) as an affirmative defense to a condominium association's action in forcible entry and detainer brought because of the unit owner's nonpayment of maintenance assessments. The circuit court of Du Page Count

Plaintiff, Yvonne Antonacci, individually and as special administrator of the estate of James Antonacci, deceased, sued defendant, City of Chicago, alleging that 911 personnel willfully and wantonly mistreated plaintiff's decedent's heart attack, resulting in his death. Defendant filed a 2-619 Motion to Dismiss (735 ILCS 5/2-619 (West 2000)) in lieu of an answer, based on the immunity provisions o

Defendant, Illinois Bell Telephone Company, d/b/a Ameritech Illinois, seeks reversal of the circuit court's order denying its motion to dismiss the complaint filed by plaintiff, Village of McCook, a municipal corporation, for lack of standing. Plaintiff brought suit on behalf of itself and all other Illinois municipalities and other units of government which, during the period of May 1993 through

The plaintiff, Cumberland Farms, Inc., appeals1 from the judgment of the trial court rendered in favor of the defendant, the town of Groton (town). The plaintiff initiated the present action against the town, alleging that the denial of its application for a zoning variance by the town's zoning board of appeals (board) effected an inverse condemnation2 of its property entitling the plaintif

1 Appellants David and Linda Johannessen (Johannessens) appeal the trial court's grant of summary judgment in favor of Appellee Canyon Road Towers Owners Association (Association), the dismissal of the Johannessens' cross-motion for partial summary judgment, and the striking of a portion of an affidavit proffered by the Johannessens. We affirm.

BACKGROUND

2 The Johannessens are the cu

l1 D.A. Osguthorpe and the D.A. Osguthorpe Family Partnership (collectively the Osguthorpes) appeal the district court's grant of Enoch Richard Smith's motions for summary judgment and denial of the Osguthorpes' motions for summary judgment, to dismiss, and to amend. We affirm in part, and reverse and remand in part.

BACKGROUND

2 Prior to 1966, Enoch Smith Jr. (Smith)(1) and D.A. Osgu

Jeffrey and Marta Morrison contend the trial court erred by granting summary judgment against them on their malicious prosecution claim. The court ruled the underlying suit by a buyer - for damages allegedly stemming from construction defects the Morrisons failed to disclose when selling their condominium - was not so untenable that no reasonable attorney would pursue it. We affirm. We decline

In this eminent domain case, the defendants, Airpark Business Center Condominium Unit Owners' Association, New Oxford Realty Trust, and Harvey Road Airpark, L.L.C., appeal an order of the Superior Court (Lynn, J.) precluding them from seeking damages caused by the extension of an airport runway. We affirm.

The record discloses the following facts. The defendants own land improved with commer

Plaintiff-appellant Christine Bauernfiend appeals from the April 6, 2001 entry of final judgment in favor of defendants-appellees AOAO Kihei Beach Condominiums (the AOAO) and Thyssen Elevator Company (Thyssen Elevator) [hereinafter, collectively, Defendants], pursuant to the March 27, 2001 order granting the AOAO's motion for summary judgment, in which Thyssen Elevator joined. (1) The sole issue

In a prior appeal, this Court remanded this case for further proceedings after concluding that an arbitrator was without jurisdiction to decide the parties' quiet-title claims. McFerren v B&B Investment Group, 233 Mich App 505; 592 NW2d 782 (1999). The factual background of this case is set forth in this Court's prior opinion as follows:

This case arises from a dispute over the ownership of r

American Express Travel Related Services Company, Inc. [American Express] appeals the dismissal, based on the economic loss rule, of its complaint against Symbiont Software Group, Inc. [Symbiont] and David Schilling. For the reasons which follow, we reverse.

American Express sued Symbiont for negligent hiring and retention, and sued its president Schilling for negligent security in connecti

The plaintiff, Paul A. Gaynor, in his capacity as administrator of the estate of his mother, Mary Catherine Ix Gaynor (decedent), appeals1 from the summary judgment rendered against him by the trial court. The plaintiff claims that: (1) despite having personally released the named defendant, S. Giles Payne (defendant), the former executor of the decedent's estate, of all liability relating

1. NETTESHEIM, P.J. The Bay Breeze Condominium Association, Inc. (the Association) appeals from a summary judgment granted in favor of Jeld-Wen, Inc. The Association filed this action against Jeld-Wen alleging that windows installed in certain condominium units were negligently designed and manufactured by Jeld-Wen, resulting in water damage inside and outside the units and between the interior an

1 Diane Marsico appeals the judgment entered on January 26, 2001 by the Court of Common Pleas of Lackawanna County. In this case we are called upon to determine whether Section 3321 of the Motor Vehicle Code pertaining to vehicle right-of-ways applies to vehicles traveling in parking lots. For the reasons that follow, we conclude that it does not, and we vacate and remand this matter for a n

According to appellee Courtney Cain, appellant Kelsey Jones evicted him from the house he and his wife had rented from Dr. Jones. Mr. Cain alleged that Dr. Jones locked him out of the house, then disposed of several items of personal property he had left inside the house. Dr. Jones claimed that Mr. Cain had voluntarily abandoned the premises and that nothing of value was left there. After a t

In Taylor v. Eureka Inv. Corp., 482 A.2d 354 (D.C. 1984), we held that the owners of town house units in Carrollsburg Square, in the Southwest section of the District of Columbia ("Carrollsburg Square owners" or "appellees"), who maintained that they had a right to park without charge in an underground garage in the nearby Carrollsburg high-rise apartment building condominium ("Carrollsburg Co

In this action concerning a nonparticipating royalty interest in oil and gas, plaintiff, Keller Cattle Co., appeals the summary judgment entered in favor of defendant, Stephen R. Allison. We affirm in part, reverse in part, and remand the case for further proceedings.

On May 3, 1972, Allison and his wife (since deceased), as sellers, and Keller's predecessors, as buyers, entered into a speci

We granted leave to consider whether a party may appeal an adverse summary disposition judgment on one count of a multicount action after accepting a case evaluation rendered under MCR 2.403. The plain language of MCR 2.403(M)(1) provides that a party's acceptance of a case evaluation disposes of "all claims in the action." We conclude, therefore, that, upon acceptance of a case evaluation u