Sierra Club, Inc. appeals from the district court's grant of summary judgment to the defendants, Seaboard Farms Inc., Seaboard Corporation, and Shawnee Funding Limited Partnership (together, "Seaboard"), who own and operate a pig-farming operation in western Oklahoma. This case turns on the meaning of the word "facility" as used in the Comprehensive Environmental Response, Compensation, and L

The plaintiff, Christian Etting, appeals from an order granting the defendant's, Regents Park at Aventura, Inc., motion to compel arbitration. The plaintiff argues that since the decedent, his mother, was legally blind at the time that she signed the agreement with the nursing home, that the agreement and its arbitration clause are invalid. We disagree.

It has long been held in Florida

Christopher Hartnett, Lacey Hartnett, and Gabriel Hartnett filed this diversity medical malpractice action after Dawn Hartnett (the wife of Christopher and the mother of Lacey and Gabriel) died following abdominal surgery performed by the defendant Terrence O'Rourke, M.D., at Penrose Hospital.(1) The Hartnetts alleged that Dr. O'Rourke had failed to comport with the applicable standard of care

Appellant Dr. Wolfgang Hirczy de Mino (1) appeals from the trial court's dismissal with prejudice of his breach of contract action against appellee University of Houston. We will modify the judgment to reflect a dismissal without prejudice, and as modified, affirm.

Factual and Procedural Background

From August 1997 to August 2001, Hirczy de Mino was employed as a lecturer at the Uni

This case arises out of conflicting claims to the excess funds1 resulting from a resale after a purchaser defau lted in a prior f oreclosure procee ding in respect to property located in Prince George's County.2 David J. Simard, petitioner, the original and subsequent purchaser, challenges a Court of Special Appeals' decision allowing the contractual waiver of petitioner's alleged common-

Richard Romeo (Mr. Romeo) and Darlene Romeo (Mrs. Romeo) (collectively Appellants) appeal from a trial court judgment entered according to a jury verdict against Appellants and in favor of attorneys Robert E. Jones, Alan Farkas, Robert C. Jones, David M. Korum, and David G. Waltrip (collectively Respondents) on Appellants' Petition alleging abuse of process by Respondents based upon Respondents' r

The United States Supreme Court has relied on the federal due process clause to constitutionalize the law of punitive damages. (State Farm Mut. Automobile Ins. Co. v. Campbell (2003) 538 U.S. 408 (Campbell); BMW of North America, Inc. v. Gore (1996) 517 U.S. 559 (Gore).) Campbell and Gore not only prescribe procedural limitations on such awards but, substantively, forbid awards that are g

I. INTRODUCTION

In this case, plaintiff-appellant, Friends of Marolt Park, raises challenges under the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321-4370f and § 4(f) of the Transportation Act, 49 U.S.C. § 303(c), to a Record of Decision ("ROD") issued by defendant-appellee, the United States Department of Transportation. The ROD authorized two alternative construction p

Generally speaking, a Chapter 13 bankruptcy debtor is relieved of her debts following completion of the bankruptcy plan; in other words, the debts are discharged. 11 U.S.C. § 1328(a). There are, however, exceptions to discharge, including a student-loan debt. Id. §§ 1328(a)(2); 523(a)(8). But there is also an exception to this exception: if excepting a student loan debt from discharge would imp

On 30 June 1998, at approximately 6:15 p.m., plaintiff Melissa Register was injured in an automobile accident. At the time of the accident, plaintiff was riding as a passenger in a vehicle driven by defendant Steve Allen White.

The automobile driven by defendant was owned by Jimmy White (Mr. White). Mr. White held a $50,000.00 liabilityinsurance policy provided by State Farm Insurance C

Justin Hoffman and Franklin Trust Interests (Franklin Trust) appeal from the district court's grant of summary judgment in favor of Cordellia Steffes. We reverse and remand for further proceedings consistent with this opinion.

I. Background Facts and Proceedings.

On July 6, 1998, Alden Steffes conveyed two parcels of real estate, referred to as the Audubon County property and

Melissa C. appeals from an order of the county court for Butler County, sitting as a juvenile court, terminating Melissa's parental rights to her son, Cody S. For the reasons set forth below, we affirm.

Cody was born on August 31, 2000, to Melissa and James S. Although Melissa and James were never married, they lived together for several years, with Melissa

In this proceeding to modify a paternity judgment, Jena R. Hume appeals from the district court's order denying permission to remove the child to Colorado and granting an increase in child support. Because we conclude that the trial court did not abuse its discretion except in determining the mandatory retirement deduction and in granting only a prospective increase in child support, we affirm as

Plaintiffs Park Lake Resources (Park Lake) and Park County Mining Association (a not-for-profit corporation whose purpose is to assist miners and mining companies) appeal the dismissal by the district court of their suit against several government agencies and some of their officials. This is not the first time Plaintiffs have brought suit over what is in essence the same issue. We affirm bec

Plaintiff Pennaco Energy, Inc. (Pennaco), brought this suit in the District of Wyoming, pursuant to the Administrative Procedures Act, 5 U.S.C. §§ 701-06 (APA), against the United States Department of the Interior (DOI) to challenge a decision of the Interior Board of Land Appeals (IBLA). The challenged IBLA decision reversed a decision of the Bureau of Land Management (BLM) to auction three

We must decide whether the United States Forest Service's issuance of a permit to operate a bison capture facility in Montana violated the Endangered Species Act or the National Environmental Policy Act.

I On the precipice of extinction in the early twentieth century, the Yellowstone bison herd has been pulled back from the brink by careful management.1 Yet the annual migration of

On June 15, 2000, plaintiff Anna Lou McAtee filed a complaint for breach of contract against defendant Realty Executives . The complaint alleged that there was a written contract between the parties, under which plaintiff would sell homes for defendant on commission, but defendant breached the contract about June 30, 1996, by paying plaintiff's commission, in the amount of $8,513.10, to a

A shareholder in a company acquired in a merger transaction sued the law firm which represented the acquiring company for fraud. He alleged the law firm concealed the so-called "toxic" terms of a third-party financing transaction, and thus defrauded him into exchanging his valuable stock in the acquired company for "toxic" stock in the acquiring company. The law firm demurred. It contende

Timothy Timmerman appeals the judgment of the trial court modifying his custody rights with his four-year-old child. In his sole point on appeal, Mr. Timmerman claims that the trial court's modification resulted in a drastic and significant change in his physical custody rights that was not supported with evidence of a substantial change in circumstances as required by section 452.410.(FN1)

Tina K. Gehres ("Defendant") appeals the judgment entered in favor of Larry A. Bagsby ("Plaintiff") in his action for dissolution of partnership, unjust enrichment, detrimental reliance, accounting, restitution, equitable lien, constructive trust and fraudulent conveyance. We reverse and remand with directions to dismiss the petition without prejudice.

Defendant's third point is dispositive.

Appellants Erika Guenther and Tammie Drannan sued Allstate Insurance Company and attorney Blaine Gaub for abuse of process. A jury found Allstate liable and awarded Guenther and Drannan compensatory but not punitive damages. The jury found in favor of Gaub. On appeal, Guenther and Drannan argue that the trial court abused its discretion in excluding evidence of Allstate's behavior in seve

This case concerns execution in a community property state of a judgment obtained in a common law state.

Facts

The dispute underlying this case has already been the subject of two published decisions by the Seventh Circuit, so we take our facts from those decisions. James Gagan invested substantial funds in a limited partnership to fund, build, and operate cable television system

The Procter & Gamble Company and the Procter & Gamble Distributing Company (jointly referred to in the singular as "P&G") appeal a summary judgment in favor of defendant Amway Corporation, alleging that the district court gave improper res judicata effect to a judgment of the United States District Court for the District of Utah. Concluding that the Utah court's judgment is entitled to

In this appeal, we address a court's jurisdiction to reinstate a case after a plaintiff voluntarily dismisses it under Fed. R. Civ. P. 41(a). Appellant was injured while installing plumbing lines that Appellees manufactured and distributed. He timely filed a complaint in the District of Kansas, where the injury occurred, but failed to serve Appellees within Kansas' two-year statute of limitat

Appellant Daniel Jennings developed a subcutaneous abdominal infection following a surgical procedure. Jennings filed a medical malpractice action against defendants Palomar Pomerado Hospital, Inc. (Palomar) and Doctors Fred Hammill and Paul Polishuk (together defendants) in which he claimed a cause of the infection was that defendants negligently left a ribbon retractor (the retractor) in