Appellants, Texas Tech University Health Sciences Center (TTUHSC) and University Medical Center (UMC) appeal from the trial court’s order denying their respective pleas to the jurisdiction in a medical malpractice suit brought by Appellees, Carita and Dustin Ward, arising from the death of their stillborn child. We reverse and render.

TTUHSC and UMC contend the Texas Tort Claims

This appeal arises from a tenured professor’s loss of employment. Appellant William A. Newman, a former professor at Texas A & M International University (“TAMIU�), raised various claims against certain TAMIU officials, all revolving around whether he resigned or was terminated. At the time final judgment was rendered, the remaining defendants were Nereu F. Kock, Jr., Jacky Yuk-Chow So, Dan

In 1996, with little discernable fanfare, the Legislature enacted a new section of the existing statute regulating animal cruelty. Although that statute, since at least 1898, had essentially left animal welfare and the protection of animals to the New Jersey Society for the Prevention of Cruelty to Animals (“NJSPCA�) and its related county organizations, the Legislature decreed that the Depart

Plaintiffs-Appellants, a group of neighbors in East Genoa, New York (“Appellants�),
19 appeal the decision of the United States District Court for the Northern District of New York
20 (Scullin, J.) granting Defendants-Appellees Willet Dairy and its owners Scott and Dennis Eldred
21 (collectively “Willet Dairy�) summary judgment on all of Appellants’ claims. Coon v. Willet

¶ 1. This is the latest appeal in a long-running dispute over the remediation of environmental contamination of a property formerly owned by plaintiff/appellant Richard Towns in the Town of Johnson. The parties have cross-appealed from a series of trial court rulings relating to the availability of insurance coverage for the costs of investigation and abatement of the contamination u

¶ 1. Defendants Mitec Electronics Limited, Mitec Telecom Incorporated, and Myer T. Bentob appeal from a series of adverse superior court orders in a declaratory-judgment action concerning insurance coverage filed by plaintiff Northern Security Insurance Company (NSIC). Defendants’ claims of error fall into three general categories: (1) jurisdictional; (2) the interpretation of a general releas

Angela Basham and Scott Basham (plaintiffs) brought an action against the city of Cuba, Missouri. Plaintiffs' petition was in two counts. Count I sought damages for nuisance. Count II was an action for inverse condemnation. Both counts were directed to damages sustained at property plaintiffs own in the city that was damaged as a result of a sewer backup. The trial court found for the city on both

The plaintiff, Gary Treadway, the special representative of the estate of Juanita Treadway, deceased, individually and on behalf of others similarly situated, appeals the order of the circuit court of Madison County that dismissed his class action complaint against the defendant, Nations Credit Financial Services Corp., doing business as EquiCredit (EquiCredit). The plaintiff raises the following

This action was brought by federal crop insurance provider American Growers Insurance Company (Insurer), alleging that the Federal Crop Insurance Corporation (FCIC) erred under 7 U.S.C. § 1508(j)(3) by adding prevented planting coverage to basic federal crop insurance policies without increasing the premium rate that the insurance company could charge. Both sides filed motions for summary judgmen

Timothy and Gloria Owen brought this putative class action suit against General Motors Corporation (GM) after their windshield wipers failed, asserting claims of breach of warranty, breach of contract, unjust enrichment, fraudulent concealment, and violation of the Missouri Merchandising Practices Act (MMPA), Mo. Rev. Stat. § 407.025 (2000). See 28 U.S.C. § 1332(d)(2) (prescribing the elements o

Golden Gate Water Ski Club (the Club), a private nonprofit organization dedicated to the recreational sport of water skiing, appeals from an order denying its petition for writ of mandate and from a judgment dismissing its complaint. The trial court’s rulings leave in place an order by the Contra Costa County Board of Supervisors (the Board) ordering destruction and removal of all the dwelling u

Asserting causes of action for statutory fraud, common-law fraud, negligent misrepresentation, mistake, breach of warranty of suitability, constructive eviction, and breach of the covenant of quiet enjoyment, Italian Cowboy Partners, Ltd. (ICP), Francesco Secchi, and Jane Secchi sued the Prudential Insurance Company of America and Prizm Partners in connection with the lease of restaurant property.

Bernice M. DeRouen sued the Falls County Sheriff’s Department and Deputy Sheriff Ricky Scaman, in his individual and official capacities, alleging false imprisonment and injuries suffered during her arrest and transport to jail. The County filed a plea to the jurisdiction and a no-evidence motion for summary judgment, which the trial court granted.[1] DeRouen, acting pro se, contends that the

This appeal concerns a suit for judicial review of a final order issued by appellee Railroad Commission of Texas finding that appellant Osage Environmental, Inc., violated its permit to handle oil and gas waste, Commission Statewide Rules 8 ("Rule 8") and 78 ("Rule 78"), (1) and statutes authorizing the Commission to regulate oil and gas waste. The district court affirmed the Commission's order, a

Appellants Anthony R. Jackson and James Nuñez filed suit against the City of Texas City and Debbie Lesco, in her capacity as city civil service director, (collectively, Texas City) seeking declaratory and injunctive relief related to their dismissal from the fire department. Jackson and Nuñez alleged that Texas City violated their rights to appeal their dismissals under the Civil Service Act (th

In 2002 Janay Wolff, Ralph Cunningham, and Ronnie Clanton agreed that
a $25,000 payment from Cunningham to Wolff would settle a business debt between
Cunningham and Clanton, remove a Child Support Enforcement Division lien from
Cunningham’s real property in Soldotna, and satisfy Clanton’s child support obligation.

When Cunningham failed to pay, Wolff filed suit to enforce

This case concerns responsibility for the cleanup of the contamination of the bed of Penobscot River in Bangor, Maine, known as Dunnett's Cove, under the federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.

Specifically, we are being asked to overturn the district court's approval, after nearly five years of litigation,

In 1992, Defendant-Appellee Public Service Company of Oklahoma (“PSO�) used the eminent domain authority granted to it under Oklahoma law to condemn an easement across property owned by Plaintiff-Appellant B. Willis, C.P.A., Inc. (“Willis�). Willis, in turn, invoked remedies available under Oklahoma law, first to challenge, before a state court judge, the necessity for PSO to condemn this

In the late 1990s, Paul Bariteau lost nearly $14 million that he had invested in the Military Channel after the company’s vice president and chairman, Lenny Krane, made several unauthorized withdrawals from the company’s account with PNC Bank.

In 2006, after obtaining a default judgment against the judgment-proof Krane, Bariteau filed a complaint against PNC, alleging that PNC had brea

In this case, two companies with similar names find themselves in the midst of a trademark dispute. Over the course of several years, Sure Foot Corp. has repeatedly accused Surefoot LC, of infringing on its trademark, occasionally threatened litigation if Surefoot LC failed to change its name, and filed five administrative petitions opposing Surefoot LC’s attempts to obtain trademark registratio

1 In this case, a landlord, IHC Health Services, Inc. ("IHC"), seeks to eject its tenant, D & K Management ("D & K"), for breach of its lease (the "Lease") because of a late rental payment. The district court granted summary judgment in favor of IHC and awarded attorney fees to IHC pursuant to a provision in the Lease. D & K appeals, asserting that the district court erred when it (1) held t

[1] Comet Energy Services, LLC (Comet) appeals from the denial of its cross motion for summary judgment and from the award of summary judgment in favor of Powder River Oil & Gas Ventures LLC (Powder River). The dispute was over the proper interpretation of an assignment of certain interests. The district court found that the assignment was unambiguous and awarded summary judgment. We reverse and r

Appellant Tri-County Metropolitan Transportation District of Oregon ("TriMet") appeals a trial verdict in favor of Appellee Frank Farrell ("Farrell") awarding him $1,110.00 in lost wages under the Family Medical Leave Act (the "FMLA"). TriMet presents a single issue on appeal: Whether the FMLA allows a plaintiff to recover damages for absences from work that were caused by an emotional condi

We are asked to decide whether the Fish and Wildlife Service ("FWS")1 has an enforceable duty promptly to withdraw a threatened species from the protections of the Endangered Species Act (the "ESA" or the "Act"), 16 U.S.C. §§ 1531- 1544, after a five-year agency review mandated by the Act found that the species does not fit into one of the several types of population categories protected und

Appellant, Herbert L. Jack, brought suit against appellees, Holiday World of Houston ("Holiday World"), Forest River, Inc. ("Forest River"), and Bank of America, N.A. ("Bank of America"), after he purchased from Holiday World, with financing by Bank of America, a motor home that was built by Forest River. Jack appeals the final judgment of the court. We consider whether the court erred in (1) reco