This case involves a dispute about what emoluments are due to an ousted executive under an employment agreement (the Agreement). The district court dismissed the complaint for failure to state a claim upon which relief could be granted. See Fed. R. Civ. P. 12(b)(6). The plaintiff now appeals the dismissal of his claims for breach of contract and breach of an implied covenant of good faith and fair

The children of Valmore Locarno Rodriguez, Victor Hugo Orcasita Amaya, and Gustavo Soler Mora, three former union leaders murdered in Colombia in 2001 (“the Children”), appeal from the dismissal of their complaint against Appellee-Defendants, Drummond Company, Inc., Drummond Ltd.,1 Augusto Jimenez, and Alfredo Araujo.2 The Children allege that these Drummond entities and employees hired parami

In this appeal, we consider the circumstances under which the accidental failure of suit statute, General Statutes § 52-592 (a),1 may save an otherwise time barred medical malpractice action commenced after the dismissal of a prior action pursuant to General Statutes (Rev. to 2005) § 52-190a, as amended by Public Acts 2005, No. 05-275, § 2 (P.A. 05- 275),2 for failure to attach to the complaint

[¶1] Jan B. Kippax, an oral surgeon, treated Nancy Jacob in December of 2002. Jacob filed a claim alleging that Kippax was negligent in that treatment and failed to obtain informed consent before he performed a biopsy. After a trial, the jury returned a verdict finding that Kippax and his business Androscoggin Oral & Maxillofacial Surgeons were not negligent and the Superior Court (Kennebec Count

DeClaris Associates appeals from an adverse judgment in its breach-of-contract lawsuit against McCoy Workplace Solutions, L.P. DeClaris sued McCoy seeking placement fees under a personnel-placement contract. After the trial court denied DeClaris’s motion for a directed verdict, holding that the contract was ambiguous, a jury found that McCoy had not breached the contract, and the court entered

By two issues, appellant, Kathie Kay Dilthey, contends the trial court erred in granting summary judgment in favor of appellee, Ballenger Construction Company (“Ballenger”), on the basis of limitations because: (1) her joinder of Ballenger “was res judicata by virtue of the trial court’s previous orders” (issue one); and (2) she timely joined Ballenger as a defendant (issue two). We af

This is an appeal from a trial court’s order granting summary judgment in favor of appellees, Fernando D. Cuellar and Jacob G. Rathmell Jr., successor co-trustees under the wills of Fernando Cuellar and Inocente T. De Cuellar, deceased, and trustees under trust deeds executed by Fernando Cuellar and Inocente T. De Cuellar (“Cuellar and Rathmell”). The dispute involves the interpretation of

Robert T. Miller filed suit against American Airlines, Inc., the American Airlines, Inc. Pilot Retirement Benefit Program Fixed Income Plan, and the American Airlines, Inc. Pension Benefits Administration Committee (collectively, “American”), alleging a violation of § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B). Miller asserted that

Appellants Martha and Dennis Sullivan (the Sullivans) appeal the trial court’s order granting the City of Fort Worth’s (the City) plea to the jurisdiction. The City claimed governmental immunity from the Sullivans’ claims.

Background

One evening in 2007, the Sullivans attended their granddaughter’s wedding, which was held in the Japanese Garden (the Garden), part of the city

Appellants Gregory R. Mattox and Barbara Wilkerson appeal the trial court’s granting of Appellees Clifford Jackson and Eleanor Jackson’s oral application for temporary injunction. In eight points of error, appellants argue that the trial court erred by: (1) granting an order for a temporary restraining order based on an unverified oral application; (2) granting a request for a temporary injun

Appellee, Coinmach, Inc. f/k/a Solon Automated Services, Inc. (“Coinmach”), filed a motion for rehearing of our August 19, 2010 opinion. We grant rehearing and withdraw our August 19, 2010 opinion and judgment and issue this opinion and judgment in their place. The disposition of the case remains unchanged.

Appellant, Aspenwood Apartment Corporation (“Aspenwood”), appeals the tr

Cotton Valley Compression, L.L.C. (“Cotton Valley”) brought a breach‑of‑contract action against Reliant Energy Services, Inc. (“Reliant”) based on theories of actual and apparent agency by a third-party, Westfield Oil & Gas, Inc. (“Westfield”).[1] The jury found in favor of Cotton Valley on both theories of agency and rejected Reliant’s affirmative defense of quasi-estoppel. Th

Raymond Birmingham was the victim of identity theft. Verizon Wireless closed two fraudulent accounts opened in his name, but he disputed charges to his legitimate accounts and closed those as well. Verizon then reported his failure to pay the charges to the three major credit-reporting agencies—Experian Information Solutions, Inc. (Experian); Equifax; and TransUnion. Birmingham disputed these re

Steve Wanner (Wanner) was arrested on suspicion of driving under the influence and the results of his breath tests were over the legal limit. Based upon Wanner’s failure of this evidentiary test, the officer provided him a form captioned as “Notice of Suspension” (the Notice or Notice of Suspension) provided by the Idaho Department of Transportation (IDOT). Wanner then requested an administr

In this case, an underinsured-motorist claimant asks this Court to invalidate an “exhaustion clause” requiring her to exhaust the full limits of the tortfeasor’s insurance policy before being eligible for underinsured-motorist benefits.

II. FACTUAL AND PROCEDURAL BACKGROUND

Marcie Hill, the appellant, was injured in a two-car accident with Andrea Hamilton in November of 2005. A

Charlotte and Don Halvorson (the Halvorsons) brought this case against the North Latah County Highway District, the Board of Commissioners for the North Latah County Highway District, Commissioners Orland Arneberg, Richard Hansen, and Sherman Clyde in their individual capacities, and District Foreman Dan Payne in his official capacity and his individual capacity (collectively the Highway District)

The Commissioner of Social Security appeals the district court’s1 judgment reversing the Commissioner’s decision to apply the Windfall Elimination Provision to David Petersen’s old-age social security benefits. As we agree with the district court’s well-reasoned decision, we affirm.

I.

A.

As this case intimately involves the Windfall Elimination Provision (WEP), we beg

The primary question presented in this appeal is whether the district court erred in holding that the contents of a particular letter from defense counsel to counsel for the plaintiffs, as clarified by a follow-up letter from defense counsel thirteen days later, rendered moot the plaintiffs’ claims for unpaid overtime wages in a collective action under the Fair Labor Standards Act (FLSA), 29 U.S

All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may th

Dr. Christine Leitgen sued her former employer, Franciscan Skemp Healthcare (“the Hospital”), under Title VII of the Civil Rights Act of 1964, claiming as relevant here that it retaliated against her by forcing her to resign after she complained that its compensation scheme unlawfully underpaid physicians based on gender. The Hospital pools revenue received for childbirth deliveries and redist

Plaintiff Wojciech Czarniecki was a probationary police officer of the Chicago Police Department from November 2006 until he was dismissed in February 2007. In two federal lawsuits, Czarniecki has alleged that he was improperly dismissed because of his Polish national origin. In September 2007, Czarniecki filed the first suit against the City of Chicago and the Assistant Deputy Superintendent of t

Employer-supported, definedcontribution plans, including those commonly known as 401(k) plans, play a vital role in the retirement planning of millions of Americans. The Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., uses the following definition for such a plan:

The term “individual account plan” or “defined contribution plan” means a pens

Arlin-Golf, LLC, (“Arlin-Golf”) sued The Village of Arlington Heights (“the Village”) in Illinois state court in 2006. The two entered a settlement agreement in 2008 pursuant to which Arlin-Golf voluntarily dismissed the case with prejudice. In 2009, the plaintiffs in this case sued the defendants in this case based on facts and legal theories similar to those asserted in the 2006 state su

In this medical device products liability case, Ronald Funk appeals the district court’s judgment granting Stryker Corporation’s (“Stryker”) Rule 12(b)(6) motion to dismiss for failure to state a claim that overcomes a preemption defense. Before us on appeal, the relevant pleadings asserted are Funk’s first amended complaint and a proposed second amended complaint, which the court denied

The primary question presented in this appeal is whether the district court erred in holding that the contents of a particular letter from defense counsel to counsel for the plaintiffs, as clarified by a follow-up letter from defense counsel thirteen days later, rendered moot the plaintiffs’ claims for unpaid overtime wages in a collective action under the Fair Labor Standards Act (FLSA), 29 U.S