Since 1946, the plaintiffs, Janice J. Cook, Vanessa Cook Jacobsohn, Cecil D. Driver, individually and as trustee of the John Cook Driver Trust, Carole Evans Sands, Susan Evans Burkley, Liane Evans Gigas, Melissa Evans Voteur, and Jonathan Richard Evans, have owned property on Lake Winnipesaukee in Moultonboro. Over the years, they have built various structures on the property, including a mai

Getting a grasp of this case requires a trip through a procedural maze culminating in a non-intuitive result, a journey for which we beg the reader's indulgence. Christina Johnson filed a complaint against the County of Fresno and one of its employees, Michael Stribling, alleging claims for sexual harassment, negligence and other torts. Stribling worked for the County's Department of Health a

Plaintiff Gregorio M. Gonzalez sued defendants Jeff M. Toews and Loren Toews to set aside a sheriff's sale of real property and for related causes of action. The trial court sustained defendants' demurrer to the third amended complaint and granted defendants' motion for summary judgment as to their quiet-title cross-complaint on the basis of Code of Civil Procedure section 701.680 (execution

This is an employment case. Appellee, Claude D'Unger, filed suit against appellants, the Ed Rachal Foundation (the Foundation), D'Unger's former employer, and Paul Altheide, the Foundation's chief executive officer (CEO). D'Unger claimed breach of contract and wrongful termination against the Foundation and tortious interference with a contract against Altheide. After a jury verdict and judgmen

Lougay Malone Toles (Lougay) sued her ex-husband H. Edward Toles, III (Ed) and his former lawyers, John V. McShane and the law firm of McShane, Davis & Hance, L.L.P. See Footnote 2 (the McShane parties). The trial court granted summary judgment in favor of Ed and the McShane parties on all of Lougay's claims. Lougay appeals. In two issues, she complains the trial court erred in granti

Appellants Shannon Emily Parker and Kelli Parker appeal from the probate court's denial of their motions for summary judgment and the court's corresponding ruling granting appellees Christy Lynn Parker and Robert Clinton Parker's motions for partial summary judgment. In three issues, appellants complain that the probate judge was without power to rule upon the parties' summary judgment motions

Appellant Tonya M. Archibeque, Individually and as heir of Janae Devries, Deceased, appeals from the trial court's judgment granting appellee's plea to the jurisdiction and dismissing her wrongful death and survival action. In her sole issue on appeal, Archibeque contends appellee's sovereign immunity from suit has been waived under the Texas Tort Claims Act(1) because Devries's death was the r

Third-party defendant Donato Marucci appeals from an order entered on March 23, 2001 permitting third-party plaintiff Newark Public Schools (Newark) to amend its third-party complaint to add Marucci as a third-party defendant, and from an order entered on August 31, 2001 granting summary judgment in favor of Newark in the amount of $180,000. Newark cross-appeals from that aspect of the August 3

Fredye Long Alford (1) (Alford) and Thomas Lynn Thornburg, Jr. (Thornburg) were divorced on October 17, 1995. While negotiating the division of property, the parties agreed Thornburg owed Alford $85,000.00. Alford agreed to collect that $85,000.00 through trust fund proceeds that were to be distributed to Thornburg, provided the proceeds would bypass him and go directly to her. (2) Specifically

Albert Kennedy sued Brandywyn ("Bryn") McElroy for return of child support that he had paid. He lost the case. In a second lawsuit, Kennedy obtained a judgment against McElroy that required her to return child support she had received from Kennedy. McElroy challenges the denial of her motion to dismiss the second lawsuit. Because we agree with McElroy that res judicata should have acted as a b

In October 1997, appellants sued appellees to recover damages caused to their surface estate by appellees' operations at and re-entry of an abandoned oil and gas well. The case was tried to a jury in 2001, and the jury found that Texical Energy Corporation d/b/a Texical, Inc. (Texical) was 100% liable for negligence proximately causing injury to appellants' property. The jury awarded $200,000 a

Plaintiff-appellant, People to End Homelessness, Inc. ("PEH"), is a non-profit organization operating in Woonsocket, Rhode Island, which seeks to expand and preserve the supply of affordable housing in Rhode Island. Defendants-appellees in this case are the Develcos (the "Owners"), a group of four separately-owned but commonly managed housing developments located in Woonsocket, Rhode Island. Th

Eugene Totten ("Totten") appeals from the decision of the Labor and Industrial Relations Commission ("the Commission") denying his claim against the Second Injury Fund ("the Fund") for: (1) finding, against the overwhelming weight of the evidence, that Totten failed to prove a work-related accident; and (2) failing to consider whether Totten was permanently and totally disabled.

Totten work

In its petition for a writ of mandate, San Jose Parking, Inc. (SJP) asks us to direct the trial court to vacate its order finding that Redevelopment Agency of San Jose (Agency) has the right to condemn SJP's interest in the Fountain Alley parking lot. Because we conclude that SJP does not have a real property interest in the Fountain Alley parking lot, we will grant the request for writ relief

At issue is the constitutionality of two provisions of the Texas Education Code that require all private postsecondary educational institutions operating in Texas to obtain a certificate of authority from the Texas Higher Education Coordinating Board or obtain accreditation from a state-approved agency to (1) grant degrees or their equivalents or (2) name or refer to an educational institution

Plaintiff and appellant Scott Michael Curtis sued defendants and respondents Santa Clara Valley Medical Center and County of Santa Clara for medical malpractice. The trial court entered a judgment of nonsuit. On appeal, Curtis argues the evidence supported an inference of negligence even though no expert testimony was presented. We disagree and will affirm.

FACTS AND PROCEDURAL BACKGRO

Appellants American Reliable Insurance Company, American Bankers Insurance Company of Florida, and Campbell Insurance Services, Inc. (collectively "Appellants"), appeal the district court's dismissal of their petition to compel arbitration of claims asserted against them in West Virginia state court by Appellees Robert and Helen Stillwell. See American Reliable Ins. Co. v. Stillwell, 212 F

In these consolidated condemnation cases, we are called on to determine whether a trial court may enter an order in an eminent domain proceeding that preserves a governmental condemnor's ability to bring a separate cost-recovery action against a condemnee for cleanup of contamination and if so, whether that order also may bar the condemnee from later raising the preclusionary defenses of res

In this case of first impression at the federal appellate level, we must address the effect of post-confirmation default and consequent relief from the automatic stay on the bifurcated lien of a secured creditor. The creditor claims that, in such circumstances, relief from the automatic stay nullifies the earlier lien-stripping order, mends the bifurcation, and restores the lien on the collater

Pursuant to the MCUAL, defendant Camden County Municipal Utilities Authority (CCMUA) provides Camden County residents with water and sewer services. Plaintiff Sheila Henderson has been a customer of CCMUA for over eleven years. Henderson ceased making regular payments to CCMUA in 1993 and received notice seven years later that her property was subject to a municipal lien and tax sale. At that t

The Narragansett Indian Tribe appeals from the district court's denial of a preliminary injunction against the Warwick Sewer Authority. The Tribe claims that the Authority is proceeding with a sewer construction project which risks desecration of ancestral burial sites. The Tribe argues that the Authority failed to consult adequately with the Tribe about the project, as required by § 106 of the

Appellant Parker Construction, Inc., appeals the grant of summary judgment in favor of respondents James Ebert and David Gwinn, d/b/a Accu Plumbing, and the denial of their cross-motion for summary judgment. Parker contends that the trial court erred in concluding that an indemnification agreement between Parker and Accu did not require Accu to indemnify Parker against claims arising from Parke

This is a medical malpractice case. In six issues, Karen Mitchell challenges the summary judgment granted in favor of Baylor University Medical Center, Dallas Plastic Surgery Institute, and Henry Steven Byrd, M.D. on all her claims. For the reasons that follow, we reverse the trial court's judgment and remand this case for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND In

Michael Gray, appellant, sued the Kirkwood South Committee and All Texas Demolishing Inc., appellees, for damage to Gray's property. Kirkwood counterclaimed, alleging that Gray had sued in bad faith and for purposes of harassment. All Texas Demolishing and Kirkwood both filed motions for summary judgment that were granted by the trial court. A jury trial was held on Kirkwood's counterclaim, an

An employee of a trucking company was electrocuted when the bed of his dump truck contacted an electric power line. The employee's estate sued the electric utility company responsible for the line alleging among other things that the company was grossly negligent. The case ultimately proceeded to trial and the jury returned a verdict in the estate's favor. On review the Court of Appeals reverse