On February 13, 2002, 10K, L.L.C. ("10K") filed an action against Spurlock Land, L.L.C., et. al. for specific performance of an "Amended and Restated Agreement of Purchase and Sale Dated November 25, 1998, Between Spurlock Land, L.L. C., Spurlock Land Investors I Limited Partnership and Spurlock Land Investors II Limited Partnership as Seller and 10K, LLC as Buyer In Connection With 3244 Acres

Plaintiff, Almon B. Heastie, brought an action in the circuit court of Cook County to recover damages for personal injuries he sustained in a fire which took place while he was involuntarily restrained on a cart while awaiting treatment in the emergency room of the Columbia Olympia Fields Osteopathic Hospital and Medical Center (the Hospital). Named as defendants were the Hospital; Jason H

This appeal arises out of a contract between the City of San Antonio and Polanco & Company, L.L.C., by which Polanco agreed to provide food concession services at several City-owned golf courses. After a dispute arose regarding the City's termination of the contract, Polanco sued the City. The City claimed immunity from suit and filed a plea to the jurisdiction seeking dismissal of Polanco's s

Appellant, Curtis Cole, appeals a take-nothing summary judgment rendered in favor of Craig Cassel, appellee, in Cole's suit for deceptive trade practices, breach of contract, common law fraud, real estate fraud, negligent misrepresentation, and detrimental reliance resulting from a failed real estate contract. Footnote We conclude that the trial court properly rendered summary judgment in favo

We are asked in this case to decide the relationship between the Lanham Act, 15 U.S.C. §§ 1051 et seq. (2000), and Section 206 of the subsequently enacted Science, State, Justice, Commerce, and Related Agencies Appropriations Act of 2006 ("§ 206"), which prohibits the use of federal funds to "register, issue, transfer, or enforce any trademark of the phrase ‘The Last Best Place.'" The dist

James Szymczak appeals the judgment incorporating an order finding him in contempt for his refusal to pay an earlier assessment leveled against him for violating the pleading requirements of Wis. Stat. § 802.05 (2005-06),[1] or, in the alternative, for his failure to appear in court to answer under oath all supplemental deposition questions.[2] The trial court found Szymczak in contempt pursua

Although a prior state court suit for breach of obligations under a promissory note had been settled, the same plaintiff later brought this suit in federal court for failure to pay amounts that did not come due until after the settlement agreement. The district court concluded that the doctrine of res judicata precluded plaintiff from litigating the claims in federal court. Because the clai

This case arose after plaintiff fell from a ladder and sustained serious injuries while working for defendants Brett Griffis Sr. and Pam Griffis at their home. At the time of plaintiff's fall, the only people in the house other than plaintiff were defendants David Worden and Brett Griffis Jr. Brett Sr. and Pam Griffis hired Worden to install hardwood flooring in the house. Brett Jr. was h

Appellant, George Thomas Cox, appeals a take-nothing final judgment that the trial court granted in favor of appellees, Southern Garrett, L.L.C., Southern Chemical Corp., Excelerate Trading, L.L.C., Roger Moyers, Stephen Korkmas, Wildebrand H. Spin, Fred Wood, Jan T. Spin, and ABC Chemical Corp. In three issues on appeal, Cox argues that the trial court erred by (1) refusing to enforce Souther

After a fire damaged its storage facility, E. E. Lowrey Realty, Ltd. d/b/a Gatesville Storage, along with the Estate of E. E. Lowrey (collectively, "Lowrey"), sued the Texas Parks and Wildlife Department and two of its employees, Marvin C. Wills, Jr., a game warden, and Doug Hammitt, a field radio technician. Lowrey alleged negligence claims relating to Wills's and Hammitt's installation of a r

In this intractable dispute, Prince of Peace Lutheran Church of Carrollton, Texas, seeks to terminate a contractual relationship with Solar Soccer Club. Solar, on the other hand, seeks to continue the relationship for the full contractual term. After several summary judgments and a jury trial, the parties continue to pursue their opposing goals in this appeal and cross-appeal. The trial judg

This appeal is the latest in the rapidly-evolving jurisprudence addressing, in light of City of Houston v. Williams, (1) the extent to which governmental immunity bars suits arising from alleged violations of local government code chapter 143. Mark Whiteaker, a lieutenant in the Round Rock Fire Department, sued the City of Round Rock and its fire chief, Larry Hodge (collectively, the City), cl

Plaintiffs appeal the district court's order dismissing their suit under Rule 12(b)(6). Plaintiffs, six former distributors of the Houston Chronicle, a newspaper owned by defendants (Hearst), brought this suit against Hearst alleging breach of contract, wrongful termination under Sabine Pilot Service Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985),1 and antitrust claims. Five of the six plaintif

Carol Post believes that she is entitled to long term
disability benefits under her former employer's disability plan.

Her treating physicians maintain that she is disabled. On the
other hand, Hartford Insurance Company, the plan administrator
(who also happens to fund the plan), has hired reviewing
physicians who maintain that Post is not disabled. In other
wor

Plaintiff-Appellant Michael Lewis brought suit against his former employer, Defendant-Appellee Circuit City, for wrongful termination, based on alleged retaliation against Lewis for seeking workers' compensation benefits, a tort recognized by Kansas. However, Lewis has already arbitrated a claim of retaliatory discharge against Circuit City, pursuant to an arbitration agreement he signed with h

In this wrongful death medical malpractice action, both defendants appeal by leave granted from a circuit court order denying their motions for summary disposition pursuant to MCR 2.116(C)(7) (statute of limitations). We affirm.

* * *

Whether a period of limitation applies in particular circumstances constitutes a legal question that this Court also considers de novo. Detroit v 196

1 Certiorari was granted on insured's petition to determine whether - qua victor in a tort claim against his UM insurer for bad-faith refusal to pay an insurance loss - the insured was entitled to counsel fee, prejudgment interest and costs. Tendered are three issues: [1] Does the exclusion of UM coverage from the terms of 36 O.S. 1991 § 3629 (B)1 abrogate the common law of tort liability settl

In this case we consider whether a plaintiff who, on appeal, loses a plea to the jurisdiction based on sovereign immunity is entitled to a remand for an opportunity to cure the jurisdictional pleading defect. We conclude that when a pleading cannot be cured of its jurisdictional defect, a plaintiff is not entitled to amend. Additionally, we must interpret section 51.014(a) of the Texas Civil Pr

1 Appellants, Paul MacNutt and Mary Ann MacNutt, appeal from the judgment entered in the Philadelphia County Court of Common Pleas, in favor of Appellees, Temple University Hospital, Inc., and Satoshi Furukawa, M.D.,1 in Appellants' medical malpractice action, following the denial of Appellants' post-trial motion for a new trial. Specifically, Appellants ask us to determine whether the

Under the False Claims Act ("FCA"), "[a]ny person" who, among other things, "knowingly presents, or causes to be presented, to an officer or employee of the United States Government . . . a false or fraudulent claim for payment or approval" is liable to the Government for a civil penalty, treble damages, and costs. 31 U.S.C. § 3729(a)(1). The FCA authorizes a private person, known as a

Plaintiff-Appellant Michael Lewis brought suit against his former employer, Defendant-Appellee Circuit City, for wrongful termination, based on alleged retaliation against Lewis for seeking workers' compensation benefits, a tort recognized by Kansas. However, Lewis has already arbitrated a claim of retaliatory discharge against Circuit City, pursuant to an arbitration agreement he signed with

1 Holly Parsons appeals from an order that dismissed all claims against Peter and Jennifer Klug for injuries Parsons suffered in an automobile accident. The court held that when Parsons cashed the $100,000 check that followed an offer of judgment, she released the Klugs from all liability arising from the accident. The court dismissed all claims against the Klugs. Parsons argues that t

What should be the breadth of a collateral attack on the final judgment in a class action suit entered by a federal court or the court of a sister state? The plaintiff, Kathy M. Lamarque, appeals from a decision of the Superior Court granting summary judgment in favor of the defendants, Fairbanks Capital Corporation (Fairbanks) and Anthony P. Ciccarone (Ciccarone). To support its motion for

A jury found combine manufacturer CNH America, LLC ("CNH"), liable under theories of breach of express warranty and strict liability after a fire in a combine's engine compartment caused extensive damage to the combine and to corn that was onboard the combine. CNH moved before trial to exclude the plaintiffs' fire causation expert and mechanical expert. CNH also moved before trial for summa

In these consolidated appeals, we consider whether the appellants, who were unnamed class members in a constructional defect action, had standing to object to a proposed settlement and whether they now have standing to appeal the district court's final order approving the settlement and dismissing the class action. We also consider whether the district court should have allowed the appellant