Plaintiff appeals by right the circuit court’s order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(7). We affirm in part, reverse in part, and remand for further proceedings with respect to plaintiff’s inverse condemnation claim.

I

Plaintiff owns real property in the City of the Village of Douglas (the City) consisting of approximately 16 acres. In

Lester M. Dean, Jr. challenges the entry of a personal judgment against him for an excess condemnation award which had been paid to Glacier Development Co., L.L.C. (Glacier), a limited liability company (LLC) of which Dean was the sole and managing member. Finding that the district court did not have jurisdiction to make the findings necessary to hold Dean personally liable for an LLC debt, we rev

The trial court granted appellees David Pankratz’s and Union Carbide Corporation’s (Union Carbide) joint motion for summary judgment in a work-related negligence action brought against them by appellant Jesus R. Salinas. The trial court also sustained Pankratz’s and Union Carbide’s special exceptions to Salinas’s fourth amended petition and ordered dismissal of Salinas’s constitutional

Appellee United Parcel Services, Inc. filed a motion for rehearing of our opinion issued on June 23, 2011. Appellant Terrica Barnes filed a response. We grant rehearing and withdraw our opinion and judgment of June 23, 2011, issuing the following in their stead. See Tex. R. App. P. 19.1(b). Our disposition of the appeal remains unchanged.

Nathaniel Cooper suffered a heart atta

An old Russian proverb states, “If you’re afraid of wolves, don’t go into the forest.” For Appellant Richard A. Conn the proverb might well read, “If you’re afraid of the Russian legal system, don’t do business in Russia.” Conn brought this action against Appellee Vladimir Zakharov for breach of contract, a contract that Conn moved to Russia to perform. Conn chose the Northern Dist

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131–65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constit

On November 2, 2010, Oklahoma voters approved a proposed constitutional amendment that would prevent Oklahoma state courts from considering or using Sharia law. Before the amendment can become effective, the Oklahoma State Election Board must certify this election result. The Board members have asked us to review whether a federal district court abused its discretion when it granted a preliminary

The plaintiff, Eloise Marinos, individually and as administratrix of the estate of Steven F. Meo (Meo),1 appeals from the judgment of the trial court rendered following the granting of the motions for summary judgment in favor of the defendants, David M. Poirot and Gordon S. Johnson, Jr. On appeal, the plaintiff claims that the trial court improperly granted the motions for summary judgment on the

The plaintiff, Richard Barry, appeals from the summary judgment rendered by the trial court in favor of the defendant, the board of education of the city of New Britain, on the plaintiff’s claims of breach of the parties’ settlement agreement and breach of the parties’ employment contract. On appeal, the plaintiff argues that the court improperly determined that he was collaterally estopped

In this legal-malpractice case, we hold that for the purposes of res judicata, a judgment does not have preclusive effect if the court rendering it lacked jurisdiction over the amount in controversy.

Mark T. Womack won summary judgment against Arcadio D. Rodriguez on res judicata grounds in district court after a small claims court dismissed Rodriguez’s claims with prejudice. Rodriguez ar

This case involves a claim brought under the Texas Whistleblower Act. The trial court granted the Dallas Independent School District's plea to the jurisdiction and dismissed James Mullins's claim. In a single issue, Mullins contends the trial court erred in granting the plea because he presented sufficient evidence to raise a question of fact about the trial court's jurisdiction over his claim. We

This is an appeal from a trial court order granting summary judgment in favor of appellee the City of San Antonio. On appeal, appellant Jennifer Browne contends the trial court erred in granting the City’s motion for summary judgment and in sustaining its objections to her summary judgment evidence. We affirm.

BACKGROUND

Browne, a former City employee with the San Antonio Polic

In this accelerated appeal from an order granting a plea to the jurisdiction, Antonio Labrado, Jr. d/b/a Sunset Enterprises (collectively Sunset) asserts that The University of Texas at El Paso (UTEP), a governmental entity, waived its sovereign immunity from suit. Sunset asserts that UTEP waived its immunity expressly through contract language or by its conduct by accepting the benefits of the co

Appellant XTO Energy, Inc. and appellees, Bryan J. Pennebaker, Ron G. Crabtree, and Anne F. Crabtree (collectively, Pennebaker) filed various motions for summary judgment concerning their respective rights under an oil and gas lease. The trial court ultimately rendered a final judgment declaring the lease terminated and establishing the post-termination method for XTO to account to Pennebaker. XTO

Joseph and Yvette Hardesty are the owners of Hardesty Sand and Gravel (Hardesty), an open-pit mining operation located near Sloughhouse. The Sacramento Metropolitan Air Quality Management District (District) obtained from its hearing board an abatement order directing Hardesty to cease operation of the central plant equipment and all internal combustion engines with a rating greater than 50 horsep

Kathryn Johns appeals the district court’s denial of her motion for attorneys’ fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (EAJA), which followed the court’s remand to the Commissioner of Ms. Johns’s * After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral ar

Carolyn J. Patrick (“Mrs. Patrick”) appeals from a fi-nal judgment of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying her applica-tion for an award of attorney fees and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). See Patrick v. Shinseki, 23 Vet. App. 512 (2010) (“Patrick IV”). We reverse and remand.

This appeal stems from a suit against the law firm of Becker & Poliakoff for legal malpractice and breach of fiduciary duty. Jacquelyn Young appeals from the trial court’s order remitting the jury’s $4.5 million punitive damages award against Becker & Poliakoff to $2 million, or alternatively, granting a new trial on punitive damages. Becker & Poliakoff cross-appeals, contending that it was en

{1} In 1985, at the behest of the City of Rio Rancho, Amrep Southwest Inc. recorded a plat for the Vista Hills West Unit 1 (VHWU1) subdivision, granting the City a drainage easement over ten acres identified as Parcel F. In 2004, Amrep sold Parcel F to the Mares group in fee simple, subject to the drainage easement. Mares in turn sold it to Cloudview Estates in fee simple, subject to the same reco

Dr. Anthony Jennings ("Dr. Jennings") brought suit against SSM Health Care St. Louis ("SSM") in the Circuit Court of St. Charles County. He appeals from the trial court's granting of SSM's motion to dismiss for failure to state a claim upon which relief can be granted. Dr. Jennings argues that his claims were sufficiently pled to survive SSM's motion to dismiss. We affirm in part, and reverse and

“Losses were not discussed and not assumed.” That is how Steven Dallenbach described the rosy outlook of a four-person Iowa partnership formed to purchase, remodel, and sell an upscale residence on Florida’s Gulf Coast. But the “perfect storm”—both figuratively and literally—of a plummeting real estate market and hurricane winds between 2006 and 2008 created unexpected losses for the

The question in this appeal is whether a half-century-old federal common-law rule assigning liability to carriers to secure their cargo before driving their tractor-trailers entitled HD Supply Waterworks Ltd.—whose employee loaded a large pipe onto Kenneth Smith’s flatbed at its warehouse facility—to summary judgment in the negligence suit brought by the injured truck driver and his wife. Pl

Plaintiff-Appellant Olivea Marx appeals from the district court's judgment in favor of Defendant-Appellee General Revenue Corporation (“GRC”). After a bench trial, the district court found no violation of the Fair Debt Collection Practices Act (“FDCPA”) and awarded costs to GRC in the amount of $4,543. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Background

Ms

2 Respondent Frakes,1 2 a beneficiary of the Saling Family Trust (the trust),
3 appeals the trial court's grant of summary judgment in favor of petitioners, the Carol and
4 Velma Saling Foundation (the foundation), which is another beneficiary of the trust, and
5 Nay, the trustee of the trust. The trial court concluded that the terms of the trust entitle
6 respondent to receive two

Angela Block sued Brooklyn Park Motors and several Toyota affiliates in Minnesota state court after her son was killed and her daughter seriously injured in a crash with a 1996 Toyota Camry. In her capacity as trustee and guardian and also individually, Block asserted claims of wrongful death and personal injury based on strict products liability, negligence, and fraud. After defendants removed th