This case arises from the installation of a sanitary sewer system. By four issues, appellant/cross-appellee, the City of Alton (Alton), contends the following: (1) it is immune from suit; (1)

(2) in the alternative, the trial court should not have submitted breach of contract issues; (3) there were no compensable damages and there was no evidence of damages caused by Alton; and (4) appelle

Presenting six points of error, appellant Wind Mountain Ranch, LLC contends the trial court erred in a rendering declaratory judgment wherein a deed of trust in its chain of title was void and a judgment lien in favor of the City of Temple is superior to the claim of Wind Mountain. We affirm.

On January 4, 1978, Robert K. Utley, III, Trustee, signed a note in the amount of $1,200

As part of an investment scheme, appellants transferred $1,000,000 to Stuart Kalb, a Texas attorney. Kalb disbursed a portion of the funds to appellees. Appellants sued, seeking to recover the funds from appellees through the imposition of a constructive trust. In one issue, appellants contend the trial court erred in denying their claim for relief because they were entitled, as a matter of law, t

This lawsuit pitted attorney Daniel K. Diederich, plaintiff, against the stockholders in his former law firm, Kennedy Berkley Yarnevich & Williamson, Chartered, of Salina. The stockholders are Defendants George W. Yarnevich, Larry G. Michel, Tom A. Williamson, and James R. Angell. Using several theories – breach of contract, breach of fiduciary duty, tortious interference with a contract, and ci

In this case we decide when a foreign judgment is final for purposes of recognition under the Uniform Foreign Money-Judgments Recognition Act (UFMJRA) (Code Civ. Proc., former § 1713.1 et seq., added by Stats. 1967, ch. 503, § 1, p. 1847, repealed by Stats. 2007, ch. 212, § 1, eff. Jan. 1, 2008)1 and what statute of limitations applies.

The UFMJRA authorizes recognition of “any foreign

We enter here into the arcane world of Medicaid law to answer a fundamental question: does a federal statute imposing notice and comment requirements apply to actions taken or mandated by a state legislature? In 2004, the California Legislature, as part of adopting a state budget after the Constitutional budget deadline had expired, proposed and enacted over only a three-day period a freeze on the

The Romoland School District and several individuals and environmental groups, (collectively, “Plaintiffs”) appeal the denial of their motion for a preliminary injunction and the dismissal with prejudice of their two claims against Inland Empire Energy Center (“IEEC”), a wholly-owned subsidiary of General Electric Company. Plaintiffs brought suit against IEEC under the citizen suit provisi

This appeal arises from a private enforcement action under an initiative measure, the Safe Drinking Water and Toxic Enforcement Act of 1986 (the Act), commonly referred to as “Proposition 65.” The Act is codified in Health and Safety Code section 25249.5 et seq.1 Plaintiff and appellant Consumer Advocacy Group (CAG) appeals from the entry of summary judgment in favor of defendant and responden

Plaintiff American Association of Orthodontists (AAO) sued Defendant Yellow Book USA, Inc. (Yellow Book) for unfair competition for Yellow Book's listing of general dentists as orthodontists in its “yellow pages” directories. AAO claims the listing lacks a statutorily required disclaimer that the general dentists are deficient in specialized training and certification as orthodontists. The Cir

Barsto Construction, Inc., (Barsto) appeals the trial court’s setting aside of a default judgment entered in its favor against Gladstone Senior Partners, LP (Gladstone). On appeal, Barsto argues that the court abused its broad discretion to set aside the default judgment because Gladstone’s submission of an affidavit attesting that it believed it updated its Missouri registered agent as to the

¶1 Plaintiff Nicolas Hug appeals from orders of the trial court granting the motion to dismiss filed by Defendant Robyn James and denying Hug's motion for new trial. The issues on appeal are whether the trial court erred as a matter of law when it granted James' motion to dismiss or when it denied Hug's motion for new trial. After reviewing the record and considering applicable law, we reverse th

¶1 Defendants Vern Quimby,1 Orpha Quimby and Brent L. Hajek appeal from an order granting summary judgment in favor of Plaintiff American Associates, Inc. (Creditor), which set aside the judgment in a prior state court action2 for the purpose of permitting Plaintiff to be added as a necessary party to that action pursuant to 12 O.S. 2001 §2019.

I. Timeline of Relevant Facts and Litigatio

The instant action is before this Court upon the appeal of Charles and Kathryn Beahm, Randy and Kathy Johnson, and the Jefferson City Council on Aging [hereinafter “Appellants”] from a January 4, 2007, order granting defendants', 7-Eleven, Inc. and Melissa Spinks [hereinafter “Appellees”], Motion for Summary Judgment. On appeal, the Appellants allege that errors were committed by the circu

¶1 South West Sand & Gravel, Inc. (South West) appeals from a grant of summary judgment on its taking and tort claims against the Central Arizona Water Conservation District (the District). Based on our decision in West Maricopa Combine, Inc. v. Arizona Department of Water Resources, 200 Ariz. 400, 26 P.3d 1171 (App. 2001), Arizona Revised Statutes (A.R.S.) section 45-173 (1994), and Arizona’s

Appellant Paul Giragosian owned and operated a gun shop in Arlington, Massachusetts for approximately thirty-one years. In March 2007, Arlington’s Chief of Police, Frederick Ryan, revoked and forfeited appellant’s licenses to carry and sell firearms. Subsequently, appellant filed a 42 U.S.C. § 1983 suit in federal district court alleging that Ryan and the Town of Arlington violated his rights

This is a diversity case, and the parties agree that Massachusetts law controls. The hostilities initially took the form of a garden-variety insurance dispute — but the case has now morphed into an interesting question about the preclusive effect (if any) of a declaratory judgment on a subsequent action for damages arising out of the same nucleus of operative facts. The district court determined

Priscilla Vasquez (“Vasquez”) appeals from the district court’s grant of summary judgment for the Commissioner of Social Security (“the Commissioner”) upholding a denial of Disability Insurance Benefits under 42 U.S.C. § 401 et seq. and Supplemental Security Income benefits under 42 U.S.C. § 1381 et seq. Vasquez claims that the Commissioner improperly discounted her symptom reporting,

We must decide whether the United States Forest Service complied with federal environmental law in its management of the Bitterroot National Forest.

I In order to effectuate its management role over the national forests, the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600 et seq., requires the United States Forest Service (“Forest Service”) to develop and to maintain fo

Plaintiff corporation Groeneveld Transport Efficiency appeals the district court’s stay of a breach of contract action against former employee Jan Eisses.

The district court temporarily stayed the action after it found that the claim was substantially similar to a parallel action in Ontario, Canada. Because the district court’s ruling was not a final order, we lack jurisdiction to hear

{1} Plaintiffs Florian Castillo and Molly Martinez (Plaintiffs) sued the City of Las Vegas (City) for personal injury and damage caused to their home by a backup in the city sewer system. The jury awarded Plaintiffs damages for the injury to the property and awarded Mr. Castillo damages for the emotional distress that he suffered as a result of the property damage. The City appeals, raising f

{1} Plaintiffs, Suzanne Guest and the Guest Law Firm (Guest), appeal the district court’s grant of summary judgment in favor of Defendants, David Berardinelli (Berardinelli) and Cheryl McLean (McLean) (collectively referred to as Defendants), on three claims: (1) malicious abuse of process, (2) interference with existing and prospective contractual relations, and (3) prima facie tort. Guest

¶1 Clyde A. Rhodes and Randy B. Birch (Plaintiffs) appeal from the district court's entry of summary judgment in favor of the Utah Department of Transportation (UDOT), Dian McGuire, and Craig Fox (collectively, Defendants). We reverse the district court's judgment and remand this matter for further consideration.

BACKGROUND

¶2 UDOT was the record owner of approximately 6.7 acres of

The plaintiff-appellee, Tarrant Regional Water District (“TRWD”), is a Texas agency responsible for supplying public water to the northern part of the state. The defendants-appellants are the nine members of the Oklahoma Water Resources Board (“OWRB”), the Oklahoma agency responsible for issuing permits for the appropriation, sale, and use of Oklahoma water. TRWD filed suit in federal dist

n these two appeals and mandamus, we must decide the effect of nonsuits and the res judicata effect of a county-court-at-law judgment on a related lawsuit in district court. We affirm the county-court appeal, reverse the district-court appeal, and dismiss as moot the mandamus proceeding.

Facts

The underlying controversy arises out of a 2001 contract between appellant C/S Solutions, I

These consolidated cases involve a dispute between a group of entities vying for the right to develop a casino in the Catskills with the non-party Mohawk Indian Tribe (“the Tribe”). As explained further below, plaintiffs-appellants Catskill Development, L.L.C. (“Catskill”), Mohawk Management, L.L.C. (“Mohawk”), and Monticello Raceway Development Company, L.L.C. (“Monticello”), and