Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi

Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi

Gilbert Sanchez, the personal representative of the estate of Mike Sanchez, appeals the district court’s order dismissing this action for lack of jurisdiction. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

The original plaintiff in this case, Mike Sanchez, was a World War II veteran and New Mexico resident. In approximately March of 2006, following the death

This is a medical malpractice case. In this appeal, it is undisputed that the hospital caused Bob Hogue’s death. The jury made that finding at trial, the hospital does not challenge it in this Court, and the dissenting justices acknowledge that the evidence supports that finding. The primary issue presented to this Court is whether sufficient evidence was admitted at trial to support the jury’

Sarkis Ghazaryan appeals from the trial court’s order denying his motion to certify a class of limousine drivers allegedly undercompensated by Diva Limousine, Ltd. (Diva) in violation of California wage and hour laws. Ghazaryan’s lawsuit contests Diva’s policy of paying its drivers an hourly rate for assigned trips but failing to pay for on-call time between assignments (referred to by Diva

The City of Peculiar (City) and John Bockelman (Bockelman) appeal the circuit court’s judgment denying their petition seeking a declaratory judgment that Hunt Martin Materials, LLC, (Hunt Martin) was operating Peculiar Quarry without a special use permit. Because City and Bockelman fail to challenge all of the circuit court’s grounds for denying their petition, they have shown no prejudice, an

Martin Marietta Materials challenges the district court’s confirmation of an arbitration award in favor of the Bank of Oklahoma. We affirm.

I.

Martin Marietta leases and operates a quarry, known as the Three Rivers Quarry, which is held in trust and managed by the Bank of Oklahoma. One of the terms of the lease requires Martin Marietta to pay royalties on limestone removed from the

This is an appeal from an order granting a plea to the jurisdiction in favor of appellees, Cameron County and Cameron County Irrigation District No. 2 ("the County"). By three issues, appellants, Maria Rodriguez, individually and as representative of the estate of Saul Villafranco, and Ramiro Rios, individually and as representative of the estate of Eliseo Rios ("collectively Rodriguez") raise th

This administrative appeal involves a challenge to a final order issued by the Texas Railroad Commission granting a well-spacing exception under Statewide Rule 37 (1) to appellant Anadarko E&P Company, L.P. f/k/a RME Petroleum Company. On appeal, Anadarko raises several procedural challenges to the Commission's final order, and appellants Larry T. Long, Sammy Adamson, and L. Allan Long, in their

This is a suit to confirm an arbitration award in appellee MBNA America Bank, N.A.=s favor after appellant Patrick Gillis defaulted on a credit card account. In two issues, Gillis challenges the summary judgment on the grounds that (1) the trial court granted summary judgment on a cause of action that was never pled and (2) appellee=s suit is barred by res judicata. We affirm.

Background<

Among the issues in this case are three questions of first impression: Whether a trial court may toll the accrual of stautory interest under the Prompt Payment to Contractors Act[1] for periods of delay attributable to the claimant; whether a contractor who prevails on a claim under the Act may recover both 18% prejudgment interest under the Act and common law prejudgment interest; and whether att

Defendant appeals from an order denying defendant's motion for a paternity test and waiving parent education and custody mediation. For the reasons stated herein, we reverse the trial court's order.

The record evidence shows the minor child was born 27 August 1999 to defendant. Defendant and plaintiff were dating around the time defendant became pregnant but never married. The initial c

William Tsai brought a Title VII discrimination suit against his employer, the Maryland Aviation Administration (MAA). Mr. Tsai, a native of Burma, alleged that MAA refused to reclassify his administrative position into a higher pay grade for discriminatory and retaliatory reasons in violation of Title VII. MAA filed a motion captioned “motion to dismiss or in the alternative for summary judgmen

Defendant Michael Harris (Harris) appeals from a verdict awarded after a bench trial finding him liable for payment of $2,675 jointly and severally with defendants Society Hill at University Heights III (the condominium association) and Impac Property Management (Impac), the firm that manages the condominium property. For the reasons that follow, we reverse as to Harris.

Harris rais

Peg Zaremba appeals the trial court‟s dismissal with prejudice of her claim against Jessica Nevarez and John Nevarez for rent and damages. Zaremba raises two issues, which we consolidate and restate as whether the trial court abused its discretion by denying Zaremba‟s motion to correct error concerning the trial court‟s dismissal with prejudice of Zaremba‟s complaint. We reverse and remand

{¶1} Defendant-appellant Jack Sahnd appeals the entry of summary judgment for plaintiff-appellee Lifesphere on its claim that Jack’s mother, Kathleen, had fraudulently transferred her home to Jack under R.C. 1336.04. We affirm.

{¶2} Kathleen was 80+ when, in January 2005, she gave her house to her son Jack Sahnd. About seven months later, Kathleen moved to Maple Knoll, a geriatric-care

{¶1} Plaintiff-appellant Curtis Walker contests the entry of summary judgment for defendant-appellee Thomas Hodge, on Walker’s claims for medical costs incurred in his individual capacity for the care of his son, Erik. Hodge had argued that Walker’s action was barred by the statute of limitations and by the doctrine of res judicata. But because Hodge did not properly support his summary-judgm

{¶1} Plaintiff-appellants Brandon, Michael, and Ellen Geiger sued the Westfield National Insurance Company, claiming bad faith and fraud in Westfield’s handling of an underinsured motorist (“UIM”) claim. The Geigers also sought punitive damages. The trial court granted summary judgment in favor of Westfield without comment, but presumably on the grounds that either (1) the Geigers’ case w

Plaintiffs appeal as of right the trial court’s order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(7) on the basis of res judicata grounded on earlier bankruptcy proceedings conducted under Title 11 of the United States Code, the Bankruptcy Code, and more specifically Chapter 7, 11 USC 701 et seq. (liquidation). Defendants cross appeal, arguing alternative grounds

Opal Shepard filed an action against Stanley Andreasen and New York Life Insurance/New York Life Insurance and Annuity Company (New York Life) asserting various causes of action premised on her allegation that Andreasen and New York Life gave her improper financial advice regarding multiple life insurance products. T he district court for Burt County granted summary judgment in favor of Andreasen

This appeal involves the scope of insurance coverage for numerous product liability claims involving an implantable graft used in the repair of abdominal aortic aneurysms. The circuit court of Du Page County granted partial summary judgment in favor of plaintiffs, Allianz Insurance Company (Allianz) and other insurers. On appeal, defendants, Guidant Corporation (Guidant) and several of its affilia

¶1 The Southern Utah Wilderness Alliance (SUWA) appeals the district court’s order affirming the State Records Committee’s denial of records sought by SUWA from The Automated Geographic Reference Center (AGRC) pursuant to the Government Records Access and Management Act (GRAMA). The district court denied summary judgment to SUWA and granted summary judgment to the AGRC. We reverse.

BAC

[¶1] Appellants (Sellers) filed suit against Appellees (Buyers) alleging breach of a real estate sales contract. In response, Buyers sought dismissal and judgment on the pleadings asserting that the claims were barred by the applicable statute of limitations. The district court granted the motions. Sellers appeal, contending that the doctrine of equitable estoppel precludes Buyers from asserting

¶1 Jay Cook (“Cook”) appeals from an order entered in the First Judicial District Court, Lewis and Clark County, Montana, dismissing Cook’s Federal Employers Liability Act (“FELA”) claim in favor of Soo Line Railroad Company, d/b/a Canadian Pacific Railway (“Soo Line”), on the basis that an Illinois court’s dismissal for interstate forum non conveniens was a final judgment entitle

An insurer's duty to defend arises "if the insurance policy

conceivably covers the allegations in the complaint, whereas the duty to indemnify exists only if the policy actually covers the insured's liability."1 Here,

the complaint filed by Crocs, Inc., in the federal lawsuit in Colorado against

Australia Unlimited (AU) alleges trade dress violations that are conceivably <