[¶1.] Insureds sued their insurance company for breach of its duty to defend in a pollution suit. The circuit court granted summary judgment for the insureds, ruling that it appeared from the face of the complaint brought by a third party against the insureds that the alleged claim, if true, fell within policy coverage, and therefore, the insurance company breached its duty to defend. On appeal,

¶1 Does civil liability for the tort of perjury exist in this state? This is the foremost question which arises from the sustention of a demurrer to plaintiff's cause of action for perjury and pretrial deceit. A procedural problem concerning our jurisdiction to review will be preliminarily disposed of sua sponte. We hold that civil liability for the tort of perjury does lie in this state but that

[¶1] Stephen and Jane Silbernagel appeal from a judgment entered upon a motion by John M. and Tom Silbernagel to enforce a prior stipulated judgment in consolidated cases involving the estates of John P. Silbernagel and Marcella Silbernagel. Stephen and Jane Silbernagel assert the purpose of the stipulated judgment has been frustrated by an unexpected claim to land involved in the prior judgment,

[¶1] N.M. and M.M. appealed from a juvenile court order terminating their parental rights to their four minor children, arguing the juvenile court erred in finding two of the children, K.B. and P.M., are deprived. We affirm, concluding the juvenile court did not clearly err in finding K.B. and P.M. are deprived and terminating the parents' parental rights to those two children.

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[¶1] Brigham Oil and Gas, L.P. ("Brigham"), appealed from a partial judgment dismissing its action against Lario Oil & Gas Company ("Lario") and Murex Petroleum Corporation ("Murex") seeking oil and gas production payments based on a claimed leasehold interest in certain mineral acres in Mountrail County. The Triple T, Inc. ("Triple"), and Christine Thompson, as sole trustee of the Navarro 2009 L

Freddie McKnight (“McKnight�) filed a complaint in Elkhart Superior Court against Curtis Hill Jr. (“Hill�), the County Prosecutor, and William Wargo, Sr. (“Wargo�), an investigator for the Prosecutor‟s Office, for statements they made to the press concerning McKnight‟s identification of individuals involved in the Elkhart County drug trade. Specifically, McKnight claimed that Hill

Donald H. Westfall appeals the trial court’s order granting summary judgment to Wal-Mart Stores East, LP (“Wal-Mart�).

We reverse and remand for further proceedings.

ISSUE

Whether the trial court erred by granting summary judgment to Wal-Mart.

FACTS

The facts most favorable to Westfall, the non-movant in this summary judgment proceeding, are as follows. On

Jerome C. Anderson, Patricia M. Barstad, Joan M. Barstad, Jane C. Craft, Peggy M. Cowan, Jerome Anderson, as Trustee of the Anderson Family Mineral Trust, John C. Anderson, Ray Anderson, Oscar R. Anderson, Beatrice Anderson, Donald Tarczanin, Susan Tarczanin, and Cora Anderson (collectively, “Andersons�) appeal the grant of summary judgment by the district court2 in favor of Hess Corporation (

¶ 1. DOOLEY, J. Wife appeals from a family court order denying a motion to enforce the property division set forth in the parties’ original divorce decree. She contends the court abused its discretion by: (1) failing to enforce a provision requiring payment of $150,000 for the marital home; and (2) failing to exercise its equitable power to impose a constructive

In a marital dissolution proceeding to divide the community property, where the nonmanaging spouse has prima facie evidence that community assets of a certain value have disappeared while in the control of the managing spouse post-separation,1 should the managing spouse have the burden of proof to account for the missing assets? The answer is yes.

Husband and wife separated after a 33-year

Appellant, Anthony Berteen, appeals the trial court’s order clarifying a provision in a divorce decree pertaining to division of the spouses’ property. We affirm.

I. Background

Berteen and appellee, Jhanrie Abigail Hamdan (formerly Berteen), were divorced in 2005. In the divorce decree, the trial court awarded Berteen certain real property subject to the following

Irma Contreras, Appellant, appeals the trial court's summary judgment in favor of Clint Independent School District and Access Administrators, Inc., Appellees, stemming from her suit for breach of contract. In six issues, Contreras attacks whether a material fact existed, whether the submitted expert's opinion was relevant, and whether Appellees were entitled to rely on their affirmative defenses

In this medical-malpractice case, Ronnie and Rose Tejada appeal the trial court’s summary judgment favoring appellee, Virgilio Gernale, M.D. The Tejadas contend that trial court erred by granting summary judgment because they timely filed their claims within the applicable limitations period, a res judicata defense with respect to an earlier filed federal suit is without merit, and they raised

Owner-Operator Independent Drivers Association, Inc. ("OOIDA"), Joseph Rajkovacz, and Carl Schaefer, LLC ("Schaefer"), sued Supervalu, Inc. ("Supervalu") under 49 U.S.C. § 14103(a) for the reimbursement of fees associated with the loading and unloading of its trucks at Supervalu's facilities. In a pair of orders granting summary judgment in Supervalu's favor, the district court1 construed § 1410

MFAA), a client may resolve attorney fee disputes by a speedy and inexpensive nonbinding arbitration process.1 Carrie Giorgianni prevailed at arbitration, and her attorney, John Kevin Crowley, filed a request for trial de novo that was within the 30-day time limit specified in the MFAA, thereby (he thought) rejecting the arbitration award. Giorgianni petitioned to confirm the award, claiming that

This is a suit for declaratory judgment regarding construction of a warranty deed. The trial court granted Appellees’ motion for summary judgment and denied Appellants’ motion for summary judgment. Appellants urge one issue on appeal contending the trial court erred in granting Appellees’ motion and in denying Appellants’ motion. We affirm.



Background

O P I N I O N

A little more than fifty years ago, the Porretto family began acquiring tracts of beachfront property on Galveston Island, gulfward of the seawall. The family eventually came to own the strip of property along the shoreline between 6th and 27th Streets. They turned the property between 6th and 10th Streets into Porretto Beach and provided paid parking and concessions for bea

In this appeal, we once again consider a request by Perfect 10, Inc. for a preliminary injunction against Google, Inc. See Perfect 10, Inc. v. Amazon.com, Inc. (Perfect 10 II), 508 F.3d 1146 (9th Cir. 2007). Because Perfect 10 has not demonstrated that it would likely suffer irreparable harm in the absence of a preliminary injunction, we affirm

This case involves two lawsuits concerning the investigation and subsequent termination of plaintiff-appellant William Morgan, a former police officer with Covington Township, Pennsylvania.1

Court’s decision to dismiss Morgan’s second case on res judicata grounds and affirm in all other respects.

I. Background

In 2007, when the events underlying this case took place, Morga

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLM�) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f

Petitioner Robert Sill (Claimant) appeals the trial court's order filed on May 12, 2010, denying his compensation claim for a cumulative trauma injury to his back. The trial court, in a previous order filed on September 5, 2007, awarded Claimant compensation for an on-the-job injury to his "LOW BACK" that occurred on June 27, 2005. One dispositive issue is presented: whether Claimant's subsequent

This appeal arises out of John Nikols’s efforts to assert a property interest in land owned by his son. Nikols claimed rights in the land after his son’s lawyer obtained a prejudgment attachment to the property for unpaid legal fees. Nikols challenges the district court’s dismissal of his quiet title and equitable lien claims to the property as barred by res judicata. The lawyer, David Chesn

Amr Kamal Gaffar challenges the trial court's judgment rendered in favor of Iqan Kamal on her claim for unjust enrichment. Because we conclude the evidence established Gaffar's statute of limitations defense as a matter of law, we reverse the trial court's judgment and render judgment that Kamal take nothing on her claim.

BACKGROUND

Gaffar is the owner of the Habibi C

This suit involves the partition of 82.201 acres of real property located in Bastrop County (the "Property"). See Tex. Prop. Code Ann. § 23.001 (West 2000); Tex. R. Civ. P. 756-771. (1) After several hearings, the trial court found that the Property was not susceptible to fair and equitable partition in kind and signed a decree of partition by sale. See Tex. R. Civ. P. 770. In the decree, the

This appeal is from a traditional summary judgment in a securities fraud lawsuit. The dispute arises out of the redemption of a minority interest owned by Robert Allen in a closely-held natural gas exploration and development company, Chief Holdings, LLC. Allen claims that Chief and Trevor Rees-Jones, Chief’s manager and majority owner, fraudulently induced him to redeem his interest two years