Commencing on or about the 3rd day of August, 2009 and continuing thereafter. the defendants, by and through their agents and/or employees, herein negligently rendered treatment below acceptable medical standards to the plaintiff Kenneth Randy Whipple.

2. Commencing on or about the 3rd day of August, 2009, and continuing thereafter, the defendants, by and through their agents and/br emplo

In a consumer class action alleging misrepresentation of cellular telephone rates, the trial court in 2006 denied defendants‘ motion to compel arbitration based upon finding that the provisions in the underlying customer contracts requiring bilateral arbitration and waiver of a class action are unconscionable under California law. Years later, after the United States Supreme Court abrogated the

Appellants, who are members of the Mason family (1) (collectively, "the Masons"), appeal from the trial court's judgment declaring that a deed that conveyed certain property in Tom Green County reserved for the grantors a fixed one-sixteenth non-participating royalty interest in all oil, gas, and other minerals produced from that land. We will affirm.

BACKGROUND

In 1944, several

Appellee Robert K. Tcholakian filed a petition for Rule 202 deposition, seeking to depose a corporate representative of the University of Texas M.D. Anderson Cancer Center “to investigate potential claims Petitioner may have against [M.D. Anderson] and/or others.� In response, M.D. Anderson filed a plea to the jurisdiction on sovereign immunity grounds. The trial court denied the motion, and M

In this breach of contract suit by a group of physicians against University Community Hospital, Inc. (UCH), the physicians appeal a final order on damages that was entered on remand following this court's opinion in University Community Hospital, Inc. v. Wilson, 1 So. 3d 206 (Fla. 2d DCA 2008). We affirm. We write to address the physicians' arguments that they were entitled to nominal damages and

In 2007, Coffeyville Resources Refining and Marketing, LLC (Coffeyville Resources) accidentally released about 90,000 gallons of crude oil into floodwaters of the Verdigris River in Coffeyville. In 2010, Benjamin and Marcita Eastman, as Trustees of the Eastman Family 1999 Revocable Trust (the Eastmans), filed an action in federal court alleging the oil spill damaged their pecan grove. Eastman v. C

20 This appeal concerns a longstanding land-use dispute between
21 plaintiff-appellee Fortress Bible Church (“the Church�) and
22 defendant-appellant Town of Greenburgh, New York (“the Town�)
23 over the Church’s plan to build a worship facility and school on
24 land that it owned within the Town. After a series of
25 contentious administrative proceedings effectively

This case involves a dispute over the right to collect two commercial loans issued by a bank which failed and became subject to the control of the Federal Deposit Insurance Corporation ("FDIC"). FH Partners, LLC ("FH Partners") claims it has the right to collect both loans. FH Partners appeals from the trial court's grant of summary judgment in favor of Complete Home Concepts, Inc. ("CHC"), the bo

This appeal arises out of a lawsuit Gregory Delesandri filed against Rojay, LLC, d/b/a Ponderosa Apartments. Delesandri allegedly fell on some stairs at the Ponderosa Apartments and sustained severe head injuries. Delesandri nonsuited his cause of action. The trial court subsequently held a hearing on the motion to compel and motion for sanctions that had been filed by Rojay before the nonsuit.

Mark Hagans appeals the cessation of his Social Security disability insurance benefits following a determination by the Social Security Administration (“SSA�) that he was no longer disabled. Hagans argues the District Court erred by reviewing his disability status as of September 1, 2004 — the day on which, according to the SSA, Hagans’s disability ceased. This contention requires us to de

The self-represented defendant in this summary process eviction action, Michael J. Rost, appeals from the trial court’s judgment of possession rendered in favor of the plaintiffs, the Schaghticoke Indian Tribe (SIT) and the Schaghticoke Tribal Nation (STN). The defendant claims that the court improperly (1) exercised jurisdiction by adjudicating a summary process action involving sovereign reser

Mao‟s Kitchen, Inc. (MKI) appeals from an order granting summary judgment in favor of Thomas Mundy and Morse Mehrban. MKI contends the superior court erred in determining that it lacked subject-matter jurisdiction over MKI‟s qui tam cross-complaint because the cross-complaint was based upon publicly disclosed information.1 MKI also appeals from a judgment following the grant of summary judgmen

In this consolidated appeal, Citizens Property Insurance Corporation (“Citizens�) seeks review of the following three trial court orders: (1) an order granting, with prejudice, Alexandra Ifergane’s motion to be dismissed as a party; (2) an order granting Haim Ifergane’s motion for partial summary judgment as to coverage; and (3) the subsequent order of final judgment in favor of Haim Iferg

Following the jury trial of a trespass case, the trial court rendered judgment on the jury’s verdict for the defendant, Environmental Processing Systems, L.C., (EPS). The plaintiff, FPL Farming Ltd. (FPL) claimed that EPS trespassed onto its property by causing subsurface wastewater to migrate into the subterranean level of FPL’s tracts, which are located next to a tract on which EPS operates

Does the Americans with Disabilities Act create two separate but overlapping causes of action for employment discrimination? Everyone agrees Title I of the ADA authorizes the disabled to bring employment discrimination claims: it discusses the issue at length and in detail. But can a party bring an employment discrimination claim under Title II as well? Even though Title II never mentions employme

This case concerns alleged violations of local occupancy-tax laws by various online travel companies. Plaintiffs—cities, townships, and a county in the state of Ohio—sued various online travel companies, asserting that the online travel companies violated local tax laws by failing to pay a transient-occupancy tax on the difference between a contractually agreed-upon “wholesale� room rate,

¶1 Appellant Deron Brunson appeals from the dismissal of his case with prejudice. The sole issue raised by Brunson is “[w]hether the court erred by treating a hearing on a temporary restraining order as though it was a hearing on a motion to dismiss.� Brunson claims that the district court violated rule 7 of the Utah Rules of Civil Procedure by ruling without waiting for a response or a notic

¶1 Holly Danneman (Wife) appeals the district court’s August 23, 2010 ruling and order (the August 2010 Ruling) overruling her objection to the domestic relations commissioner’s dismissal of her motion to hold Fred Danneman (Husband) in contempt. We affirm and award Husband his attorney fees and costs reasonably incurred on appeal.

¶2 In January 2006, the district court issued an Amen

¶1 This matter is before the Court on Appellee JPMorgan Chase Bank’s motion to summarily affirm the district court’s decision on the ground the appeal fails to present a substantial basis for review. Appellant Nancy Madsen’s response to the motion asserts that this Court’s discussion of preemption in Madsen v. Washington Mutual Bank FSB, 2008 UT 69, ¶ 23, 199 P.3d 898 (Madsen IV), was â€

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est

Rhonda Lambert and Jimmy Lambert sued Steven C. Anagnost, M.D., Spine and Orthopedic Institute and AHS Hillcrst Medical Center, LLC on medical negligence (medical malpractice) theories claiming:

1. Plaintiffs are residents and citizens of the City of Tulsa, Tulsa County, State of Oklahoma.

2. Defendant THE SPINE AND ORTHOPEDIC INSTITUTE( “SOI�) is a domestic business entity w

This is an appeal of a summary judgment granted in a legal-malpractice case. The client sued his former lawyer, alleging the lawyer was negligent in the preparation and filing of the client’s bankruptcy petition. The trustee of the bankruptcy estate obtained a settlement of all claims for alleged conduct occurring before filing the bankruptcy petition. The client amended his petition to base his

In this case, plaintiffs-appellees -- producers and owners of copyrighted television programming -- sued defendants-appellants ivi, Inc. ("ivi") and its Chief Executive Officer, Todd Weaver, for streaming plaintiffs' copyrighted television programming over the Internet live and without their consent. The district court granted a preliminary injunction for plaintiffs, holding that: (1) plaintiffs w

An Oklahoma jury convicted Defendant Brian Darrell Davis of the firstdegree murder and rape of Josephine “Jody� Sanford, the mother of his girlfriend Stacey Sanford. On the recommendation of the jury, Defendant received a 100- year prison sentence for the rape and a death sentence for the murder. After unsuccessfully appealing to the Oklahoma Court of Criminal Appeals (OCCA), see Davis v. Stat

The defendant, Chung Family Realty Partnership, LLC, appeals from the trial court’s order granting the application for a prejudgment remedy filed by the plaintiff, Landmark Investment Group, LLC. On appeal, the defendant claims that (1) the doctrine of res judicata prevents the plaintiff from relitigating issues that have been or could have been litigated in the first litigation; and (2) the cou