On April 1, 1994, appellant, Nationwide Mutual Insurance Company ("Nationwide"), terminated an agency agreement it had with appellee Hamilton Insurance Services, Inc., which had been incorporated by appellee Neil Hamilton.

Hamilton filed an action in the Richland County Court of Common Pleas, alleging that Nationwide had wrongfully terminated the agency agreement. In his complaint, Hamilt

BACKGROUND

2 Pinetree Condominiums consists of thirty condominium units ("condominiums") in one structure located in Ephraim City. The members of Pinetree are the owners of those thirty units.

3 Ephraim City maintains a public utility system that provides water and electricity to residents in dwelling units in Ephraim City, including the condominiums.

4 When the condominiums w

Medical malpractice claim by Amanda Lofton in which she claimed that a D & C procedure of negligently performed on her with the result that the fetus, which was supposed to have been removed from her uterus but was not, was expelled by her body while she was taking a shower after she returned home from the hospital. She took the fetus to another hospital and a second procedure was performed on he

Doctor's Associates, Inc., Frederick DeLuca, and Peter H. Buck (defendants) appeal an order of the circuit court of Madison County that denied, in part, defendants' motion to stay this case in favor of arbitration. On appeal, defendants raise the issue of whether the trial court erred in denying their motion to stay in regard to the plaintiffs' claims of abuse of process and malicious prosecuti

We have before us the consolidated appeal of case Nos. 5-01-0077 and 5-01-0196. Diane Halverson (plaintiff) is the plaintiff-appellant in each case. Her daughter, Amie Stamm is the defendant-appellee in case No. 5-01-0077, and Allstate Insurance Company (Allstate) is the defendant-appellee in case No. 5-01-0196. Both cases arise from an automobile accident involving plaintiff and Stamm wherein

Petitioner Beaver Creek Cooperative Telephone Company (Beaver Creek) seeks judicial review pursuant to ORS 183.400 of three rules adopted by the Oregon Public Utility Commission (PUC). Two of those rules, OAR 860-032-0010(4) and (5), require cooperatives seeking to provide local exchange telecommunications service within the boundaries of the local exchanges of other telecommunication services

Century Fire Sprinklers ("Century") appeals following the trial court's order granting CNA/Transportation Insurance Company's ("CNA") second motion for summary judgment. Century raises four points on appeal. First, Century claims the trial court erred in allowing CNA to amend its answer to add the "business risk" exclusions as affirmative defenses. Second, Century contends the trial court erred

1. The common issue presented by these two consolidated appeals is whether a tortfeasor-motorist is underinsured within the meaning of 23 V.S.A. § 941(f) where the tortfeasor's liability policy limits are greater than the injured party's underinsurance limits, but are insufficient to satisfy the injured party's damages because of payments made to other victims of the same accide

The parties, Dwight and Melissa Mattmuller, were married in 1980. An Indiana court dissolved their marriage in 1996. Included in the Indiana dissolution order were provisions relating to the custody of the three minor children, visitation, and child support. Dwight's employer transferred him, temporarily, to New Mexico in 1997. Melissa moved with the children to Illinois in 1998. Thereafter, sh

The plaintiffs in this case are Ruth Sterling, as special administrator of the estate of Houston Sterling, deceased (Sterling); John Parthenios and Jim Parthenios, individually and d/b/a Parthenios Luncheonette, a partnership (collectively Parthenios); Delila Campbell; and Harley Foster. Plaintiffs filed multicount complaints against defendants Ralphfield Hudson, Rockford Mass Transit District

Plaintiff Carol Ann Martin appeals the superior court's decision upholding the Department of Motor Vehicle's (DMV) refusal to issue her a special motor vehicle license plate displaying the letters "IRISH." We conclude that the administrative regulation upon which DMV based its ruling is inconsistent with, and thus unauthorized by, the governing statute. Accordingly, we reverse

Appellant, Continental Casing Corporation ("Continental"), challenges the trial court's rendition of summary judgment in favor of appellees, Siderca Corporation and Siderca S.A.I.C. (collectively "Siderca"), on Continental's claims for breach of purchase orders. In five points of error, Continental argues that the trial court erred in granting Siderca's motion for summary judgment and sustaining

This is an appeal from a summary judgment in a suit brought by Centre Equities, Inc. and E. John Hosch (collectively "Hosch"), the seller-optionor under a stock purchase agreement, against Wallace G. Tingley, Jr., the Texas attorney representing an optionee with a right of first refusal under the agreement. Tingley allegedly made fraudulent or negligent misrepresentations, tortiously interfered wi

Kristy Bonham appeals the district court's grant of the Texas Department of Criminal Justice's (the "Department") plea to the jurisdiction and the final judgment that dismissed her claims against the Department. At issue is whether Bonham's claims against the Department to recover damages related to injuries she sustained after being sexually assaulted at a state jail facility were within the T

Plaintiff-appellant James Young (Young) appeals the dismissal on summary judgment of his action against defendants-appellees J.C. Penney Co. (Penney), Equifax Credit Information Services, Inc. (Equifax), and Credit Bureau of Lake Charles (CBLC). We affirm in part and vacate and remand in part.

Facts and Proceedings Below

Young contends that the defendants injured him by publishing d

Katharine Navarre, a former teacher in the South Washington County School District, sued the school district, her supervisors, and Northwest Publications d/b/a Pioneer Press for defamation and for intentional and negligent infliction of emotional distress. Navarre also asserted a claim against the school district for violating the Minnesota Government Data Practices Act (MGDPA) by releasing

The underlying action, Kuzmich v. Mexican Political Assn. (Super. Ct. Riverside County, 1998, No. 283066) (Kuzmich), arose from demonstrations and personal confrontations occurring in and around a public school. The plaintiffs were teachers and administrators at the school who alleged that the demonstrators' actions and speech amounted to harassment and defamation; the defendants were allege

Ms. Feightner went to work for BOK as an assistant vice president and branch manager in mid-1995 and worked for BOK until mid-1997. In July 1997, shortly after her employment with BOK ended, she submitted a wage claim form and an amended form to the Oklahoma Department of Labor (DOL). The forms claimed entitlement to overtime compensation she asserted BOK refused to pay. The DOL provided Ms.

Hugo Ramirez sued the Texas State Board of Medical Examiners (the "Board") for declaratory and injunctive relief. (1) He appeals now from a district-court judgment that denies the relief he requested. We will affirm the judgment.

THE CONTROVERSY

Exercising powers delegated to it by the legislature, the Board regulates the practice of medicine. Its powers include authority to promulgate

Appellants Stephen Gordon ("Gordon") and the Diamond G Ranch, Inc. ("Diamond G") challenge the Fish and Wildlife Service's ("FWS") control of gray wolves introduced under the Northern Rocky Mountain Wolf Recovery Plan ("Recovery Plan") near the Diamond G in the Dunoir Valley of northwestern Wyoming. Seeking declaratory and injunctive relief, they filed this action in federal district court allegin

Three environmental organizations brought citizen suits against the Cities of Minneapolis and St. Paul alleging that the Cities were violating the Clean Water Act by discharging storm waters through their storm sewer systems without required permits. After the Minnesota Pollution Control Agency (MPCA) issued storm water permits, the district court1 dismissed the complaints as moot, including

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment dismissing the complaint denied.

Plaintiff seeks to invoke the doctrine of res ipsa loquitur in her personal injury action. Because plaintiff presented evidence of each element of this doctrine ( see Dermatossian v New York City Tr. Auth. , , 67 NY2d 219 [1986]), the Appellate Divi

Plaintiff David Wayne Landry was denied a loan from the Farm Service Agency of the United States Department of Agriculture (USDA) because the Natural Resources Conservation Service (NRCS) characterized his site as a wetland, ineligible for the requested loans. A hearing officer reviewed and affirmed the wetland characterization. The Director of the National Appeals Division (NAD) of the USDA (t

In 1991, Milliken, a social worker, began providing mental health counseling services to Michael Grigson and his family following a 1989 explosion at the Phillips 66 refinery in Pasadena, Texas, where Grigson had been employed. Milliken also provided counseling to Carol Griffin, another worker present at the time of the explosion.

The Grigsons later sued Phillips and were represent

This consolidated matter arises out of three appeals from two related actions involving continuing litigation over a license agreement between Mycogen Plant Science, Inc. (MPS) and Monsanto Company (Monsanto) concerning technology to produce genetically altered plant seeds. In the initial action, MPS sought, and was granted, declaratory relief finding that Monsanto had a contractual duty to li