This litigation has a long and complicated history. The eleven claimants (the “Plaintiffs�) include Arthur and Glenda Creech, Darlene Reinier, Vicki Sue Jacobs, Joann Wolfe, Claude and Deborah Hatfield, Wayne and Alice Martin, and Brent and Marvin Chitwood, Jr., the latter two of whom were doing business as Triad Partners.1 Years ago, each of the Plaintiffs invested in an illfated real estate

These appeals involve two related cases in which former employees of two McDonald's franchises allege that their employer refused to pay the employees the wages that they were due, in violation of the Fair Labor Standards Act (“FLSAâ€�), 29 U.S.C. § 216(b); the corresponding Ohio statute; and other Ohio law. For the reasons that follow, in the Dellarussiani appeal, we affirm the district courtâ

This case addresses unsolicited commercial e-mail, more commonly referred to as “spam.�1 While ignored by most and reviled by some, spam is largely considered a nuisance and a source of frustration to e-mail users who, at times, must wade through inboxes clogged with messages peddling assorted, and often unwanted, products and services. The rising tide of spam poses an even greater problem to

Plaintiff,(1) a passenger on a bus owned and operated by Tri-County Metropolitan Transportation District of Oregon (Tri-Met), brought this negligence action against Tri-Met, alleging that she fell from her seat because of the bus driver's negligent operation of the bus. Tri-Met moved for summary judgment under ORCP 47 on plaintiff's claim, and the trial court granted the motion, reasoning that, a

In this appeal and cross-appeal, we address whether qualified immunity can extend to shield private actors from civil liability in a 42 U.S.C. § 1983 action and, if not, whether alleged evidentiary errors and attorney misconduct that occurred during trial on the § 1983 claim warrant a new trial. In addition to the qualified immunity and alleged trial error issues, we decide whether punitive da

This is an appeal from a judgment entered following a bench trial of a dispute over the amount of commission owed as a result of a real estate transaction. Finding no error, we affirm.

Factual and Procedural Background

Appellant, Office Buildings of Houston, Inc., is a licensed real estate broker operating in Houston, Texas. Appellee, Carlton B. Newman, owns a small office building

Bret “Doc� Berkman filed suit against the City of Keene alleging that the City was obligated to furnish water and sewer services to his property at no charge under an agreement between the City and Berkman’s predecessors in title. The court granted the City’s summary-judgment motion. Berkman contends in three issues that the court erred: (1) by failing to recognize the mandatory nature o

BoMar Oil & Gas, Inc. operates the Marie C. Dodge Well in which D. Mark Loyd has an unleased mineral interest. Loyd sued BoMar for fraud and violations of the Deceptive Trade Practices Act, alleging that improper expenses were charged against his proportionate share of production. Loyd also sought an accounting. A jury found for Loyd. On appeal, BoMar challenges: (1) the legal and factual suff

Kevin Schronk and his son Dustin filed a wrongful death suit against the City of Burleson and Laerdal Medical Corporation after emergency medical technicians employed by the City were unable to resuscitate Helen Schronk with an automatic external defibrillator (AED) manufactured by Laerdal. The trial court granted the City’s plea to the jurisdiction and Laerdal’s summary-judgment motion. The

The issue before us is whether there is legally sufficient evidence to prove that B&A Development Group, L.P. ("B&A") possessed actual or apparent authority to bind DB Sterling Investments, L.P. ("DB Sterling") to a construction contract between B&A and its contractor, Pro M&E, Inc. (1) ("Pro M&E"). The trial court resolved the issue in Pro M&E's favor, and awarded $80,738.97 in damages against DB

The Hardin County Sheriff's Department ("the County") appeals the denial of its plea to the jurisdiction in a tort suit filed by Justin W. Smith. We reverse the order and render judgment dismissing the case.

Smith's petition alleged he was the victim of mistaken identity. Smith alleged he entered an Austin office of the Texas Department of Public Safety ("DPS") to renew his driver's license

This case involves disputes regarding the purchase of a portfolio of delinquent accounts arising from rental agreements (the assets) for approximately $5 million. Worldwide Asset Purchasing, L.L.C., Atlantic Credit and Finance Special Finance Unit, L.L.C., and NCOP Capital II, L.L.C., (collectively the Worldwide Purchasers) purchased the assets from Rent-A-Center East, Inc., Rent-A-Center West, In

Eduvigis Diaz appeals from the judgment entered in this personal injury action after a jury found the Los Angeles County Metropolitan Transportation Authority (MTA) and its employee, Omar Forero, were not negligent in connection with injuries Diaz sustained when an MTA bus in which she was a passenger collided with a car stopped in front of it. Diaz contends the court erred in refusing to instruct

Yuki Kobayashi has filed a motion to vacate our opinion filed June 30, 2009, and a request to enter a “different opinion.� In substance, his motion is a petition for rehearing. We treat it as such, and now explain why we deny rehearing.

Our June 30 opinion dealt with the problem of sorting out someone who has the misfortune to have the same name as someone else declared to be a vexatiou

The Employees Retirement System of Texas ("ERS") brought suit against appellees Putnam, LLC, d/b/a Putnam Investments; Putnam Investment Management, LLC ("PIM"); and Putnam Advisory Company, LLC ("PAC") for fraud, fraudulent inducement, breach of contract, negligent misrepresentation, and tortious interference with prospective business relations. (1) The trial court disposed of ERS's claims by gra

Appellant Karen Baghaei d/b/a Arkadia Auto Sales appeals from the trial court=s grant of summary judgment in favor of Appellee AppOne, Inc. In five issues, Baghaei argues that the trial court improperly granted summary judgment. We will reverse and remand.

II. FACTUAL AND PROCEDURAL BACKGROUND

Baghaei sells used cars. AppOne is a Louisiana corporation th

This is a breach of contract dispute brought by appellants, MasTec North America, Inc., and Mastec, Inc. (collectively, “MasTec�), against appellees, El Paso Field Services, L.P. and Gulfterra South Texas, L.P., f/k/a El Paso South Texas, L.P. (collectively, “El Paso�). El Paso engaged MasTec to replace a butane pipeline for a lump sum of $3.6 million, known as the “Butane Shuttle Replac

{1} “In a case tried by the court without a jury, . . . the court shall enter findings of fact and conclusions of law when a party makes a timely request.� Rule 1-052(A) NMRA. The reasons for this requirement are to aid “the appellate court by placing before it the basis of the decision of the trial court; to require care on the part of the trial judge in . . . consideration and adjudic

[¶1] In this appeal, we are called upon to consider three interrelated aspects of this case. All three matters arise out of the same set of factual circumstances which, in brief, are that Jose Loredo was seriously injured on August 14, 2002, when tons of rock fell on him in a Sweetwater County trona mine. At the time of the incident, Loredo was operating a roof bolting machine manufactured by Joy

In this appeal we consider whether a tort action, filed within the general three year statute of limitations, may proceed against the State of Maryland (“State�) when the State is made a party to the suit after the three-year filing deadline specified by the Maryland Tort Claims Act (“MTCA�). Kathy Ferguson, appellant, filed a tort action in the Circuit Court for Baltimore City against Sta

Nationwide Mutual Fire Insurance Company (“Nationwide�)1 appeals the order of the United States District Court for the Western District of Pennsylvania granting appellee George V. Hamilton, Inc. (“Hamilton�) summary judgment and dismissing Nationwide’s motion to compel arbitration.

Nationwide challenges the District Court’s determination that it was collaterally estopped from

[¶1] William Picher appeals from a judgment of the Superior Court (Kennebec County, Marden, J.) granting a summary judgment to the Roman Catholic Bishop of Portland on its affirmative defense of charitable immunity. Picher argues that we should abrogate the doctrine of charitable immunity for acts of negligence associated with the sexual abuse of a minor, and that we should not extend the doctrin

These consolidated appeals arise out of Samuel Lipari’s most recent effort to recover damages stemming from a failed business relationship with defendants US Bank NA and US Bancorp NA. His prior effort, culminating in Med. Supply Chain, Inc. v. Neoforma, Inc., 2009 WL 1090070 (10th Cir. 2009) (hereinafter, the “Med. Supply Chain Litigation�), failed, and Mr. Lipari was prohibited from future

[¶1.] Plaintiff landowners brought suit to quiet title to certain railroad rights of way. On cross motions for summary judgment, the circuit court quieted title in favor of the landowners. To resolve this appeal, we must interpret several 1890 deeds and the General Railroad Right-of-Way Act of 1875. We affirm in part, reverse in part, and remand.

Background

[¶2.] James Swaby, et al

Plaintiff Joe D. Turner appeals an award of attorney fees to defendants Asset Allocation Advisors, Inc. (the company), Gregory E. Schultz, and Bruce D. Grenke (collectively defendants) made after Turner unsuccessfully sought declaratory and injunctive relief to forestall the arbitration of the dispute between the parties. He contends that it is too early to determine a prevailing party, and that a