John Doe AP (“John Doe”) appeals from the trial court’s grant of summary judgment in favor of the Roman Catholic Archdiocese of St. Louis (“the Archdiocese”), Father Thomas Cooper (“Cooper”), and Archbishop Raymond Burke1 (“Archbishop Burke”). John Doe contends the trial court erred in granting summary judgment in favor of the Archdiocese on his claim for intentional failure to s

The question in this trespass to try title action is whether Appellants’ predecessor in title conveyed by royalty contract her royalty interests in Rusk County or in Rusk and Gregg Counties. The trial court found the royalty contract was not ambiguous and that it conveyed the described royalty interests in both Rusk and Gregg Counties. In three issues, Appellants, who are pro se, assert that t

In the three cases now before the Court, we are asked to examine two areas of the law which – surprisingly – we have never directly and comprehensively addressed. The first area of the law we consider involves Section 2 of the Federal Arbitration Act (“the FAA”).1 We are asked to consider its preemptive effect on West Virginia’s nursing home laws. These cases involve arbitration clauses

¶ 1. In this dispute between neighboring landowners, defendant Stowe Mountain Club, LLC (SMC) appeals from a judgment in favor of plaintiff David Smalley on his claim that portions of a golf course built and operated by SMC violate restrictive covenants in Smalley’s deed. SMC contends that, in granting declaratory and injunctive relief in favor of Smalley, the trial court: (1) misconstrued t

¶1 Appellees John and Janet Ethen (Ethens) sought declaratory relief in the Third Judicial District Court, Granite County, to resolve a boundary dispute with Appellants River Resource Outfitters (Joneses) and Christine Fischer (Fischer) (collectively Neighbors). The court declared that the common boundary line between the parties’ properties runs in a meander line along the west bank of Flint C

In 1948 Claude Yeisley received a patent to Tract A, consisting of 4.45 acres of land in Ketchikan, from the United States. In 1956 he deeded a lot of land within Tract A to his daughter and her husband, the Cowans, along with a “perpetual right of way running with the land” over a 30-foot strip of “right of way” running along the southeastern side of Tract A. Between 1960 and 1973, Claude

Appellant Thomason filed a complaint in Fulton Superior Court on three counts: count one, for an injunction; count two, for damages; and count three, for attorney fees and expenses.

Thomason alleged that he had acquired a prescriptive easement through Kern's land and he sought to enjoin Kern from blocking a driveway on the corporation's land. Thomason had used the driveway since he purchase

{1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berlier and their Wagon Mound Ranch, L.L.C. (the Berliers). A dispute arose between the Village, the Trust, and the Berliers as to the ownership and use of, as

Plaintiffs in this products liability action seek damages for personal injuries sustained on or about February 6, 2002 by Jaggernauth Sugrim ("Sugrim") when he dismembered his finger while using a Ryobi-brand table saw. The complaint alleges that Sugrim purchased the saw from a Home Depot store in Queens. The action by Aruna Persaud is derivative. Defendants move to dismiss the complaint on the gr

Tom Williams, independent executor of the Estate of Darlene Luck Barnett, appeals the trial court’s order denying his motion to dismiss Marleen Kovalchik Barnett’s entire case and instead dismissing the sole claim remanded to the trial court after an earlier appeal. In the earlier appeal, the Texas Supreme Court reversed the trial court’s denial of Marleen’s claims for family allowance an

Plaintiffs and respondents Stephen Andersen (Stephen) and Kathleen Brandt (Kathleen) are the children of decedent Wayne Andersen (Wayne), who died April 28, 2006.1 Plaintiff John Andersen (John), not a party to this appeal, is Stephen‟s son and Wayne‟s grandson. Appellant Pauline Hunt (Pauline) was Wayne‟s long-term romantic partner. Taylor Profita (Taylor) is Pauline‟s grandson.

In

Plaintiff is a tenant in a multi-unit building in Hoboken that is owned by defendant Gina Marie, L.L.C. ("Gina Marie"). Plaintiff secured her apartment with the assistance of a Hoboken real estate broker and has resided there since October 1993. Her initial rent when she took up occupancy was $650 per month. There is no indication in the record that plaintiff received any increase in her rent unti

The plaintiffs, Raymond and Marcia Cornell (collectively, the Cornells), reside in their home at the edge of Harris Pond in Blackstone. The defendant Roland M. Michaud (Roland) [FN3] purportedly obtained a building permit for and began construction of a large single family home on his adjacent land. A Superior Court judge, on the Cornells' complaint pursuant to G.L. c. 40A, § 17 (zoning appeal),

Our Legislature in 2002 amended Family Code1 section 1612 to invalidate any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of such support if (i) the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed or (ii) that pr

“The relation between attorney and client is a fiduciary relation of the very highest character, and binds the attorney to most conscientious fidelity—uberrima fides.” (Cox v. Delmas (1893) 99 Cal. 104, 123; accord, Oasis West Realty, LLC v. Goldman (May 16, 2011, No. S181781) ___ Cal.4th ___ [2011 W.L. 1833208, *5].) Accordingly, “ ‘[a]ll dealings between an attorney and his clie

Appellant George Geis d/b/a Rio Architects (“Geis”) appeals from a judgment requiring him to pay appellee Colina Del Rio, LP (“Colina”) $881,958.00 in damages plus interest, attorney’s fees, and costs in a suit involving an architectural contract. Colina sued Geis for rescission of the contract, claiming the contract was unlawful because Rio Architects failed to employ or associate with

{1} Worker Jesus Gonzalez appeals the decision of the Workers’ Compensation Judge (WCJ) denying him modifier benefits from his employer Performance Painting, Inc. (Employer) under NMSA 1978, Section 52-1-26(C) (1990), of the New Mexico Workers’ Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007). The WCJ denied modifier benefits because Worker’s undocume

This appeal raises numerous issues arising out of the grant of summary judgment to Newport News Holdings Corporation ("NNHC") on its claims against Virtual City Vision and its owner Van James Bond Tran (collectively, "VCV") under the Anticybersquatting Consumer Protection Act ("ACPA").

In addition to challenging summary judgment, VCV argues that the magistrate judge erred in refusing to r

Appellee PBM Products, LLC (PBM) filed this action pursuant to the Lanham Act, 15 U.S.C. §1125(a), against Appellant Mead Johnson & Company, LLC (Mead Johnson) alleging that Mead Johnson distributed more than 1.5 million direct-to-consumer mailers that falsely claimed PBM’s baby formula products were inferior to Mead Johnson’s baby formula products. After a jury found that Mead Johnson had en

In this contested paternity action, after genetic testing established that the defendant was the father of the plaintiff’s child, the trial court awarded pendente lite attorney’s fees to each member of the mother’s litigation team. The father’s appeal contests the amount of the fees awarded to the mother’s attorneys. We must decide whether we have jurisdiction to hear this interlocutory

This appeal arises from an action brought by the plaintiffs, Perry D. Caminis and Diane W. Caminis,1 seeking declaratory and injunctive relief regarding portions of a floating dock and related pilings belonging to their neighbors, the defendants, Austin Troy and Dana Troy, which they claim encroach upon their littoral rights.2 The plaintiffs now appeal, following our grant of certification,3 from

In these consolidated cases, the defendant, J. Robert Smyjunas, Jr., appeals the jury verdict against him in favor of the plaintiff, J & M Lumber and Construction Company, Inc. (J & M), and J & M appeals the decision of the Superior Court (Vaughan, J.) to award prejudgment interest from the date of J & M’s 2008 writ of summons. We affirm.

I. Background

The record reveals the follow

Debtor Panther Mountain Land Development, LLC owns certain tracts of undeveloped real estate. More than a year prior to the filing of this bankruptcy case, representatives of the Debtor obtained the approval of the Pulaski County Court to form certain Improvement Districts under applicable Arkansas statutes. The Improvement Districts are separate entities which are not themselves in bankruptcy.

¶1 The dispositive issue on certiorari is whether the Court of Civil Appeals erred in reversing the trial court's order. We answer in the affirmative.

I

THE ANATOMY OF LITIGATION

¶2 Riggs, Abney, Neal, Turpen, Orbison and Lewis (Law Firm) represented Gayle Nichols (wife or client) in her divorce case. After the divorce was granted, Law Firm filed on behalf of its clien

In a case of first impression, we are asked to determine whether a Marvin claim1 based on a decedent‟s promise to leave her cohabitant a life estate in real property is governed by the one-year statute of limitations of Code of Civil Procedure section 366.3, and, if so, whether the doctrine of equitable estoppel can be applied to preclude assertion of section 366.3‟s statute of limitations.2 W