Under a Master Netting, Setoff, and Security Agreement ("Netting Agreement"), Reliant Energy Services, Inc. ("RES") and Reliant Energy Services Canada, Ltd. ("RESC") (collectively, "Reliant" or "Reliant Parties") sought $78,468,996.60 from Enron Canada Corporation ("Enron Canada"). Reliant filed a breach of contract claim in federal court against Enron Canada seeking a declaratory judgmen

This case presents us with the question of whether a plaintiff may seek equitable relief under Section 502(a)(3) of the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(3), when the doctrine of res judicata bars his Section 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B), claim for recovery of benefits due under a welfare benefits plan. The district court found that

The Equal Employment Opportunity Commission ("EEOC") sued Defendant W.H. Braum, Inc. ("Braum") on behalf of Eva Willis alleging disability employment discrimination in violation of the Americans with Disabilities Act ("ADA"). 42 U.S.C. §§ 12111-17. Prior to the EEOC's suit, Ms. Willis filed suit individually against Braum in federal court alleging a violation of the ADA. However, immediately af

Plaintiff-appellant Nasrulla Khan appeals the dismissal of his 42 U.S.C. § 1983 action against the City of Ogden, Utah, certain City employees, and members of the Ogden City Council for allegedly failing properly to investigate and to prosecute Khan's claims that he was the victim of harassing phone calls and stalking. The harassing phone calls were limited to hang-ups, and the evidence of stal

Thomas Magstadt appeals from the district court's judgment ordering him to pay attorney fees and costs to Stepanka Magstadtova under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq. (2000). We affirm.

On July 27, 2001, Stepanka filed a petition under the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), Oct. 25, 1980

The United States District Court for the Northern District of Ohio dismissed the infringement suit brought by Polymer Industrial Products Company and Polymer Enterprises Corporation (collectively PIPCO). Polymer Indus. Prods. Co. v. Bridgestone/Firestone, Inc., 211 F.R.D. 312 (N.D. Ohio 2002). Because PIPCO's infringement claim was a compulsory counterclaim under Fed. R. Civ. P. 13(a) in prio

The plaintiffs, William and Patricia Van Meter, filed a complaint against the Darien Park District, the City of Darien, the Village of Downers Grove, the County of Du Page, and five private defendants, alleging that surface water flooded their home upon completion of an adjacent municipal recreation area called Westwood Park (the park). The municipal defendants filed motions to dismiss, pursuan

This appeal presents the question of whether, under West Virginia law, an adjudicated joint tortfeasor is barred from seeking contribution in a separate civil action from a fellow joint tortfeasor, when: (1) the adjudicated joint tortfeasor had originally filed a cross claim for contribution against the alleged joint tortfeasor in the underlying tort action; (2) the adjudicated joint tortf

The Pittsburg County Rural Water District Number 7 (Pitt-7) is a rural county water association in Oklahoma. The City of McAlester (McAlester) is a municipality in Oklahoma. Both Pitt-7 and McAlester are subdivisions of the State of Oklahoma, and both are water providers. Pitt-7 sued McAlester and a number of other entities under: (1) 42 U.S.C. § 1983, based on the claim that the defendants vio

The plaintiff, Katherine Rathblott, now known as Katherine Mersereau, filed this dissolution of marriage action against the defendant, Paul L. Rathblott, in November, 1997. In a memorandum of decision dated April 6, 1999, the trial court, Harrigan, J., rendered judgment dissolving the marriage of the parties. The plaintiff now appeals from the postjudgment orders of the court, Hon. John

Plaintiffs, Phyllis and Orvin Kennedy (buyers), appeal portions of a judgment entered in their favor rescinding a contract with defendant, Gillam Development Corporation (seller), for the purchase of a home. We affirm in part, reverse in part, and remand for further proceedings as necessary.

Buyers bought a new home from seller for $160,264.05. Seller warranted that it would make repairs

In this action concerning personal injury protection (PIP) benefits, defendant, American Standard Insurance Company of Wisconsin (the insurance company), appeals the trial court's summary judgment in favor of plaintiffs, Brittany Sanchez and Ruby A. Sanchez (insureds). We reverse and remand with directions.

At issue in this appeal is the procedure an insurance company may use to review an

This is M argaret R ussell's appeal from a judgment in favor of the North Broward Hospital District, her former employer, in the lawsuit she broug ht against it. The Hospital terminated Russell's employment because it concluded that she had been absent from work too much. Russell does not deny being away from work when the Hospital says she was, but she contends that her absences were for

Christopher S. Deatherage and Gloria R. Deatherage ("Appellants" or "Christopher" and/or "Gloria") appeal from the judgment dismissing their cause of action pursuant to Respondents' "Motion to Dismiss for Res Judicata, Collateral Estoppel, and Splitting Causes of Action," in the second of two lawsuits involving the same subject matter, parties, and privities. Appellants raise four points of trial

On appeal from the termination of his in-person visitation with the parties' two minor children and the award of sole legal custody to Sonja Knipe Roberts (mother), Jeffrey Scott Roberts (father) contends: 1) that the trial court erred by failing to consider properly "the presumption that parents act in the best interests of their children," 2) that the trial court's decision viola

In this foreclosure action, plaintiff Nancy Myers appeals from the decision of the Bennington Superior Court vacating a previous order granting summary judgment in her favor and granting summary judgment for defendants James and Marie LaCasse. Plaintiff argues that the court erred by (1) reopening and vacating the prior summary judgment decision based on arguments not raised in

In this foreclosure action, plaintiff Nancy Myers appeals from the decision of the Bennington Superior Court vacating a previous order granting summary judgment in her favor and granting summary judgment for defendants James and Marie LaCasse. Plaintiff argues that the court erred by (1) reopening and vacating the prior summary judgment decision based on arguments not raised in

Plaintiff Marchbrook Building Company agreed to buy some land from defendant Joanne R. Souchek and paid her a $500,000 deposit toward the purchase. When a dispute arose over the closing of the first phase of the sale, Souchek sued Marchbrook, claiming Marchbrook had breached the contract. Souchek sought a declaration that she was entitled to keep the $500,000 deposit as liquidated damages und

G.S. Technologies Operating Co., d/b/a GST Steel Company (GST), appeals the Public Service Commission's decision that GST had failed to prove that Kansas City Power & Light Company's (KCPL) imprudence caused an explosion that destroyed one of KCPL's generating units, resulting in KCPL's providing inadequate and unreliable service to GST and charging GST unjust and unreasonable rates. On appeal, GS

Reliance Standard Life Insurance Company argues that the District Court incorrectly held arbitrary and capricious its determination that Stephen Lasser was not disabled within the terms of his disability insurance policy. We conclude that the Court did not err and therefore affirm.

I. Background

Dr. Stephen Lasser is an orthopedic surgeon who was employed by Townsquare Orthopedic Ass

The cross appeals in this diversity case arise out of a breach of contract. Each party appeals aspects of the district court's post-judgment order. We affirm. Among other things, we hold that the cost-shifting provision of Federal Rule of Civil Procedure 68 does not permit an award of post-offer attorneys' fees when the underlying state statute authorizes an award of attorneys' fees to a

Plaintiff-Appellant Stephen B. Himmel ("Himmel") appeals the district court's grant of summary judgment to Defendant-Appellee Ford Motor Company ("Ford"). Ford terminated Himmel's employment as the Supervisor of Labor Relations, Hourly Personnel, and Safety in October 1997. According to Himmel, prior to his termination, he had complained about the labor practices that violated Section 302 of th

Kathleen Brockman sued her former employer, the Wyoming Department of Family Services ("DFS"), and several employees of DFS in their individual and official capacities, claiming violations of various federal statutes and asserting state tort claims. Ms. Brockman appeals parts of the district court's order granting the defendants' motions for summary judgment on all of her claims. We exercised j

In 1997 appellant, petitioner Georgiana Breeden Hixson (Breeden), and respondent, Harry Franklin Hixson, Jr., entered into a series of stipulated judgments dividing and distributing their marital assets. In 2001 Breeden filed an order to show cause with respect to community property which she alleged had not been previously adjudicated. Breeden propounded discovery with respect to the factual

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered May 14, 2002, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff seeks damages for injuries she allegedly sustained as the result of the alleged malfunction of an elevator exclusively maintained by defendant. Plaintiff claims that, after she entered