This litigation involved the operation of several Burger King franchise restaurants in the New York area by Appellants Elizabeth and Luan Sadik and their corporate entities. The parties brought multiple claims and counterclaims against each other in three separate lawsuits. These cases were consolidated before Judge Cooke, who held numerous hearings before issuing two final summary judgments again

Plaintiffs, Viola and Virgil Eichner, brought an action to quiet title to a strip of real property in Clackamas County. The trial court found plaintiffs to be the owners of the property through adverse possession. On appeal, defendants contend that the court erred in determining that plaintiffs' occupation of the disputed land met the requirements for adverse possession and that, even if it did,

These are consolidated appeals. The plaintiff, Robert J. Rossman, brought an action arising from a business dispute with the defendants Guardian Alarm Services, Inc. (Guardian Alarm), Tracy Emro, Jerome Terracino and Thomas Terracino and Patricia A. Morasco, Jerome Terracino’s son and wife, respectively.

Guardian Alarm brought a counterclaim against the plaintiff. The jury found in favor

[¶1] Robert W. Britton and Eleanor F. Britton appeal from a judgment of the Superior Court (York County, Brennan, J.) denying their request for equitable relief and damages for what they allege to be an infringement of their riparian rights by their neighbors, Daniel P. Donnell and the Trustees of the Donnell Realty Trust (Donnells), who own and operate two wharves, one of which extends forty-eig

We face an issue of first impression for this court–whether the discovery rule or the injury rule governs the accrual of claims under the Copyright Act, which has a threeyear statute of limitations for civil actions, 17 U.S.C. § 507(b).

Under the injury rule, a claim accrues, and the statute of limitations begins to run, when the plaintiff suffers a legally cognizable injury. Therefore

{¶1} Plaintiffs-appellants, New Concept Housing, Inc., and George B. Stewart (collectively, “New Concept”), appeal the judgments of the Hamilton County Court of Common Pleas in favor of defendants-appellees, United Department Stores Co., No. 1, Inc., (“UDS”), Thomas H. Bergman, and Cohen, Todd, Kite & Stanford, LLP (“Cohen Todd”), in a lawsuit arising from the sale of an apartment com

This appeal presents a question of first impression in this circuit concerning the timeliness of a seaman’s suit for maintenance and cure – the federal common law duties of a shipowner to provide food, lodging, and medical care for an employee injured while in the service of his ship. In addition to a maintenance-and-cure claim against defendant Interlake Steamship Company, plaintiff Andrew Cu

Richard J. Harley (Harley) appeals from an order of the Court of Common Pleas of Monroe County (trial court) denying his motion for post-trial relief and ordering him to pay Northslope III Owners Association (Association) $13,337.63 in dues and assessments. The Association has filed a cross-appeal from the trial court’s order denying its post-trial motion and ordering Harley to pay only a portio

The Chanler at Cliff Walk sits on an imposing site on Memorial Boulevard in Newport, offering spectacular views of the city’s Easton’s Beach (commonly known as First Beach). Although there has been a hotel at this site since 1945, the building now is in a residential zone, and the scope of a series of upgrades and renovations to the facility has resulted in a dispute with a neighbor that has f

The United States Patent and Trademark Office (“USPTO”) appeals the April 1, 2008 decision of the United States District Court for the Eastern District of Virginia granting summary judgment that four recently promulgated rules exceed the scope of the USPTO’s rulemaking authority. Because we conclude that the four rules are procedural, but that Rule 78 is inconsistent with 35 U.S.C. § 120, w

This case arises out of a collision between a Burlington Northern and Santa Fe Freight (BNSF) train and a truck owned by Dodge City Implement, Inc. (DCI). BNSF filed suit in federal court against DCI and its employee driver, Justin Slattery. After that action was settled, plaintiffs DCI and Slattery pursued this suit against defendants Barber County (County) and Moore Township (Township) under neg

¶1 Appellant, Holter Lakeshores Homeowners Association (HLHA), brought suit against Stephen, Victoria, and Lonnie Thurston (Thurstons), to quiet title to an easement for parking and boat docking on two lots next to Holter Lake in Lewis and Clark County. The District Court granted summary judgment in favor of Thurstons. HLHA appeals.

¶2 The dispositive issue on appeal is whether the Distri

¶1 R-Montana Associates, L.P., and Rosen Associates Management Corporation (R-Montana) appeal an order of the Fourth Judicial District Court, Missoula County, that granted summary judgment in favor of Dollar Plus Stores, Inc. (Dollar). We affirm.

¶2 We review the following issues on appeal:

¶3 Did the District Court correctly determine that the term “bar or tavern” as used in

This appeal arises out of a storied real estate transaction. Plaintiff and appellant Manhattan Loft, LLC (appellant) purchased certain real property from Sixth & Spring, LLC, subject to an existing lease for a portion of the basement and first floor to Mercury Liquors, Inc. (Mercury). A dispute arose, prompting those with an interest in the lease1 to commence two arbitration proceedings against ap

Appellant AstenJohnson, Inc. (“Asten”), manufactured asbestos dryer felts and other materials used in the paper industry. Appellees Columbia Casualty Company (“Columbia”) and American Insurance Company (“American”) issued $52 million of comprehensive liability insurance to Asten in 1981 and 1982. These policies contained an exclusion from coverage for any claim alleging “an exposure

Milon-Digiorgio Enterprises, Inc. (“MDE”) appeals the district court’s grant of an injunction against any further use of its registered domain name, “ISPWest.com.” MDE asserts three challenges to the injunction: 1) that the jury’s finding of trademark infringement, which gave rise to the injunction, was the result of an improper jury instruction; 2) that the district court erred in fin

Artichoke Joe‟s Casino (Artichoke Joe‟s or the casino) implemented a mandatory tip pooling policy for the dealers. A dealer, Harvey Grodensky, filed a class action and alleged claims for conversion and violating Labor Code sections 351 and 1194. He also claimed in his representative capacity that the casino had violated the Unfair Competition Law (UCL). After a bench trial, the trial court fou

The plaintiff, Tucker Estates Charlestown, LLC (plaintiff), appeals from a Superior Court judgment dismissing its complaint under Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. This case came before the Supreme Court for oral argument on February 2, 2009, based on an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be dec

Alsatian Heights Homeowners Association appeals a summary judgment granted in favor of Omar Rodriguez declaring that Rodriguez’s home is not in violation of the Declaration of Restrictive Covenants, Conditions, and Restrictions for the Alsatian Heights Subdivision (the “Declaration”). The Association contends that the trial court erred in granting summary judgment in favor of Rodriguez and b

Appellants, Powhatan Cemetery, Inc., and Darlene Moore, Evelyn Flippo, and Robert Flippo, incorporators of Powhatan Cemetery, Inc., appeal the Lawrence County Circuit Court’s orders of November 8, 2007, which found in favor of appellees Lois Colbert, Carolyn Depriest, Cletis Smith, Charles Hall, Sr., Charles Hall, Jr., Brent Tipton and Maleta Tipton, who were each members of the Powhatan Cemeter

This is a suit to confirm an arbitration award in appellee MBNA America Bank, N.A.=s favor after appellant Patrick Gillis defaulted on a credit card account. In two issues, Gillis challenges the summary judgment on the grounds that (1) the trial court granted summary judgment on a cause of action that was never pled and (2) appellee=s suit is barred by res judicata. We affirm.

Background<

This administrative appeal involves a challenge to a final order issued by the Texas Railroad Commission granting a well-spacing exception under Statewide Rule 37 (1) to appellant Anadarko E&P Company, L.P. f/k/a RME Petroleum Company. On appeal, Anadarko raises several procedural challenges to the Commission's final order, and appellants Larry T. Long, Sammy Adamson, and L. Allan Long, in their

This is a suit to confirm an arbitration award in appellee MBNA America Bank, N.A.=s favor after appellant Patrick Gillis defaulted on a credit card account. In two issues, Gillis challenges the summary judgment on the grounds that (1) the trial court granted summary judgment on a cause of action that was never pled and (2) appellee=s suit is barred by res judicata. We affirm.

Background<

Opal Shepard filed an action against Stanley Andreasen and New York Life Insurance/New York Life Insurance and Annuity Company (New York Life) asserting various causes of action premised on her allegation that Andreasen and New York Life gave her improper financial advice regarding multiple life insurance products. T he district court for Burt County granted summary judgment in favor of Andreasen

This appeal concerns the development by Molokai Ranch, Ltd. (MR or Molokai Ranch) of fifteen commercial overnight campgrounds (Project) on agricultural lands with a soil classification rating of C, D, E, or U (also referred to as "non-prime agricultural lands") that are located along the "Great Molokai Ranch Trail" on the west end of Molokai. In June 1995, MR wrote to Linda Crockett Lingle, then-m