This appeal arises from the 1994 liquidation proceedings against an insolvent insurance carrier, Professional Medical Insurance Company (ProMed). Appellant G. Thomas Murff is a former employee of ProMed, and Respondent Scott B. Lakin is the present director of the Missouri Department of Insurance, acting in his capacity of Receiver for ProMed. In 1999, Murff asserted a claim against the ProMed est

Plaintiffs Joseph and Doreen Siliski, individually and as guardians and next best friend of Chase Siliski, appeal from the superior court's summary judgment in favor of defendants Allstate Insurance Company, James Guiel, Michael Gannon and Peggy Dumont. The Siliskis brought suit against defendants for malicious prosecution and intentional infliction of emotional distress. They did so based on

1 The following certified question was presented to this Court by the United States District Court for the District of Montana, Missoula Division, on April 25, 2002, and accepted on May 7, 2002: "Whether, under [the circumstances described in the Certification Order], Rule 41(e), M.R.Civ.P., as it existed prior to January 1, 2000, precludes the maintenance of the underinsured motorist coverage

In June 1988, LCF Income Group (hereafter LCFIG), La Canada Flintridge Development Corporation (hereafter LCFDC), San Martin Investment Development Corporation (hereafter San Martin), and Peppertree Corporate Business Park, Ltd. (hereafter Peppertree), obtained a loan in the amount of $8.7 million from the predecessor in interest to Union Bank of California (hereafter the bank). The borrowers

For over a quarter of a century, the hiring of firefighters in the City of Boston (the City) has taken place in the albedo of a federal court consent decree designed to remedy the effects of past discrimination against African-Americans and Hispanics. On April 11, 2001, five candidates for employment (the Candidates) brought suit in the federal district court alleging that the City had discrimi

The Circuit Court for Baltimore City granted a motion to dismiss a declaratory judgment action brought by Lawrence Polakoff; CFSP Limited Partnership ("CFSP"); Chase Management, Inc. ("Chase"); Stanley Sugarman, Sugarcorn Realty ("Sugarcorn"); and Homewood Realty, Inc. ("Homewood"), the appellants, against Brenda A. Hampton, individually and as mother and next friend of Brenda Hampton, a minor

We are asked to determine whether a party who was denied leave to appeal from a petition filed pursuant to Supreme Court Rule 306(a)(1) (166 Ill. 2d 206(a)(1)) after a new trial was granted is foreclosed from raising the same issues in a subsequent appeal. We hold that if the merits of the first petition were not addressed by the appellate court, then those issues are not foreclosed in a later app

Rachel Schiff filed a medical malpractice suit against Dr. Jan Friberg and Columbia Grant Hospital for alleged damages sustained following surgery conducted on January 17, 1995. The jury awarded Schiff damages in the amount of $482,448.19, later reduced to $467,448.19, based on $15,000 previously paid in settlement by Columbia Grant Hospital. Dr. Friberg filed a posttrial motion to set aside the j

This is an appeal from an order granting summary judgment to Trust One Mortgage Corporation (Trust One) in a class action involving residential mortgages. The class is composed of all mortgagors whose Federal Housing Administration (FHA) mortgage loans were funded by Trust One and whose mortgage brokers were paid compensation in excess of 1% of the aggregate loan amount (the Bjustrom clas

Our earlier decision limns the full historical relationship, both procedural and factual, that is needed to put this proceeding into perspective. See id. at 47-49. Rather than retrace our steps, we include here only the bare minimum that is necessary to frame the issues on appeal. We draw our account from the brute facts that appear on the face of the complaint, the supporting documentation ref

With this case, this court has inherited a rather complicated procedural history, comprising parallel litigation in state and federal tribunals situated in California. Today, we are asked to disentangle the threads woven by these separate court systems as they have independently sought to resolve the same core conflict. Specifically, our task in the current chapter of the dispute is to de

The events leading up to this action begin with the arrest by creditors of the M/V RIO NEVERI. On July 6, 1998, Lubricantes Venoco Internacional, C.A. ("Venoco") filed a Verified Complaint in the United States District Court for the District of Puerto Rico initiating an in rem action against the M/V RIO NEVERI and an in personam proceeding against its owners, Lima-Sol Shipowners and Shipco

Christopher Rassbach, Tamara Rassbach, James Augustyn, and Melody Augustyn (collectively, the Plaintiffs) appeal the trial court's order dismissing their negligence action against Vincent Alcala for lack of subject matter jurisdiction. Specifically, the Plaintiffs argue that the trial court erred in disregarding an earlier decision made by the Worker's Compensation Board of Indiana (Board).

In 1999 the United States District Court for the Western District of Oklahoma reduced to judgment Plaintiff Bobby Don Vance's federal income tax liability for tax years 1976 through 1989. United States v. Vance, No. 97-CV-1819 (W.D. Okla. Aug. 17, 1999) ("Vance I"). As part of that judgment, the court authorized foreclosure of liens against Plaintiff's property. We affirmed, stating: "We have t

Mother and father (appellants) appeal from a judgment of the trial court in which the court refused to vacate a stipulated visitation order that provides respondent, mother's former domestic partner, with visitation with S, appellants' son. They contend that, under the United States Supreme Court decision in Troxel v. Granville, 530 US 57, 120 S Ct 2054, 147 L Ed 2d 49 (2000), respondent's rig

Michael Mark Allen filed suit for personal injuries after his hand was severely injured by a dog bite. Allen obtained a summary judgment on the issue of liability against the owners of the dog, John and Amy Slaton, and their homeowners insurer, State Farm, who now appeal. We affirm.

Procedural background

On April 18, 1999, Allen was visiting his girlfriend (now his wife), Robin Carr

Appellant Material Partnerships, Inc. (AMPI@) originally sued Sacos Tubulares del Centro, S.A. de C.V. (ASacos@), a Mexican corporation, claiming Sacos owed MPI over $900,000 for materials MPI delivered to Sacos on an open account. MPI subsequently amended its petition to allege that appellee, Jorge Lopez Ventura (ALopez@) was individually liable for the corporate debt under the terms of a per

Appellant failed to appear either in person or through counsel when this case was called to trial. In two points of error, appellant maintains the trial court abused its discretion in: (1) granting a take nothing judgment against appellant for a failure to appear at trial; and (2) denying appellant=s AMotion to Set Aside Default, or Alternatively, Motion for New Trial.@ We affirm as modified.

Madera Production Company appeals the summary judgment granted in favor of Atlantic Richfield Company (ARCO), Wagner & Brown, Limited (W&B), C. W. Resources (CWR), Carl Westerman, Westerman Royalty Company (WRC), and Laura Jane Westerman as executrix for the estate of H. G. Westerman (the Estate) (collectively, Appellees).

Madera contends the trial court erred in transferring venue from D

Plaintiffs Linda K. Villagrana and Carolyn Malm appeal the district court's dismissal of their claims against representatives of the State of Utah (the State) and its agencies. Plaintiffs claim entitlement to a portion of the proceeds owed to the State under a settlement agreement with several large tobacco companies. Because plaintiff Villagrana's claims are barred by the doctrine of res judic

Marjorie Smith was married to Harry Smith in Kansas on September 28, 1957. They had four children, born on September 15, 1958, June 19, 1962, April 13, 1966, and January 12, 1971, respectively. Harry was a wanderer and spent extended periods of time away from home. Harry and Marjorie last lived together in April of 1970, when their last child was conceived. This last child was listed on her bir

This case involves an insurance dispute over an assumption agreement whereby a block of disability policies was transferred and sold by the insurer that issued the policies to another insurer that later cancelled them. Appellants Robert L. Vandeventer, Duane D. Woodrow, and B. Legare Walpole, Jr. appeal from the trial court's grant of summary judgment to Appellee All American Life & Casualty

FACTS

[3] In May of 1998, Tilden informed Stewart of a title defect. Two years later, an arbitration award determined that insurance coverage existed, and Stewart cured the title defect. A few months later, on December 5, 2000, a final arbitration award determined that Stewart failed to cure the title defect in a reasonably diligent manner, but that Tilden had suffered no actual damages

[3] In 1990, Penny Himes was involved in a non-work related automobile accident in which she sustained whiplash type injuries. She testified that these injuries were resolved by 1992. On November 17, 1992, Himes was involved in a work related accident while handling scaffolding. She currently alleges she suffered neck, back and shoulder injuries as a direct result of the work related accide

Brian Catt was injured in a single-car accident occurring in the early morning hours of May 18, 1995, when his car slid into a ditch created by a washed-out culvert. He filed a complaint against the Board of Commissioners of Knox County ("the County"). The County responded with a motion for summary judgment alleging immunity under the Indiana Tort Claims Act ("the Act"). The trial court granted