Plaintiff-Appellant Hartsel Springs Ranch of Colorado, Inc. ("HSR") appeals from the dismissal of its suit against Defendant-Appellee Bluegreen Corporation. The district court ruled that the suit violated the rule against claim-splitting, and that it was an improper attempt to circumvent its orders in a separate pending suit between the same parties. Because the two lawsuits were brought on behalf

This suit arises out of Mae Howard's allegations that Kristin D. White and Barry Wells intentionally made false reports to Child Protective Services (CPS) and initiated CPS proceedings against Howard. In five issues, Howard challenges (1) the granting of summary judgment in favor of Kristin and Wells on Howard's claims for libel, slander, malicious prosecution, and conspiracy; (2) the tr

Petitioner National Labor Relations Board ("NLRB" or "Board") seeks enforcement of its order issued in Oklahoma Fixture Co., 331 N.L.R.B. No. 145 (2000). In that order, the NLRB found that Respondent Oklahoma Fixture Company ("OFC") violated Sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), (5) (the "Act"). We have jurisdiction pursuant to 29 U.S.C. § 160(e) and

{1} In this punitive damages case, we are asked to assess jury awards in favor of Jim Aken and against Plains Electric on Aken's claims for retaliatory discharge and defamation. We conduct an analysis on procedural and substantive levels and affirm the jury awards.

FACTS

{2} On July 28, 1993, Aken had worked for Plains for nine years. He had been selected employee of the mo

Respondent terminated relator's month-to-month lease. Relator applied for relocation benefits under Minn. Stat. §§ 117.50-56 (1998). Respondent denied relator relocation benefits. A hearing officer determined relator was entitled to relocation benefits. After consulting with relator, a relocation-benefits consultant determined that respondent was liable for $12,433 in relocation benefits. At

In this personal injury case in which the plaintiff, David Carlisle, See footnote alleges injuries sustained while riding in an elevator, the trial court denied motions for summary judgment filed by defendants Shambaugh & Son, Inc., and Koorsen Protective Service, Inc., but granted leave for an interlocutory appeal. The Court of Appeals accepted the appeal and reversed, instructing the trial cour

We are presented in this appeal with an intra-family dispute concerning the validity of the last will and testament of Isidore Sisko (also referred to herein as the "decedent"), a late resident of Jackson Heights, New York. In that testamentary instrument-which was admitted to probate in 1994 by the New York State Surrogate's Court for Queens County (the "Surrogate's Court")-Isidore Sisko bequeath

David Weldon Copeland, owner of Copeland Sand & Gravel, Inc., purchased a 30-foot long dual-axle gooseneck trailer to use in his business. Copeland took the trailer to Pero Trailer Manufacturing Company for repairs, including repair or replacement of four brake assemblies. Southwest International Trucks, Inc. performed a Department of Transportation inspection on the truck. On February 19, 19

The history of this property rights controversy began before Colorado's statehood, at a time when southern Colorado was part of Mexico; at a time when all of the parties' lands were part of the one million acre Sangre de Cristo grant, an 1844 Mexican land grant. Here, we determine access rights of the owners of farmlands in Costilla County to a mountainous parcel of land now known as the Taylor Ra

This is an appeal from the granting of a no-evidence summary judgment in a product liability case. The case arises out of a fire that originated in Harold and Peggy Parsons's (the "Parsons") 1989 Lincoln Town Car when it was parked in their garage. The fire destroyed the Parsons's car and home. They sued the manufacturer and the dealer who five months before the fire allegedly replaced a defective

The police officer sued in this case, David Smith, is a detective with the Boise City Police Department. When he came off his shift on the night at issue, he did a stint as a pri-vate security guard (as department policy allowed) at a Neil Diamond concert, where his wife and daughter were ushers. Late that evening, as he drove them home in his unmarked police car (also as allowed by departme

{1} This case requires us to determine whether, under principles of res judicata, Marcy Plaza Associates' (Marcy Plaza) claim that it overpaid rent is barred by a prior arbitration between the parties. Marcy Plaza is the lessee of property in Santa Fe, on which it operates a retail and office complex. The Bank of Santa Fe (Bank) is the lessor. Under the lease, Marcy Plaza's lease payments are

In March, 2000, appellants, Bobby Davidson and Tri County Industries, Inc., brought suit in the Circuit Court for Prince George’s County on behalf of a class of Maryland consumers claiming appellee, Microsoft Corporation, overcharged them for its Windows 98 computer operating system. Appellants claimed that appellee’s practices were a monopolization, in violation of the Maryland

Robert and Mary McQuary, husband and wife, purchased a farmowners-ranchowners policy from Farmers Alliance Mutual Insurance Company, which covered a tract of thirty-three acres on which their dwelling is located. The policy named Robert and Mary McQuary as the insureds. Mr. and Mrs. McQuary are the sole shareholders and officers of R&M Fleet Services ("R&M"), a company located on the same prop

Presbyterian is located at the corner of Fifth Avenue and 55th Street in Manhattan. For several years, homeless persons have chosen to sleep on the Church's outdoor property. In February 1999, the Church officially designated two areas on its outdoor property upon which homeless persons are permitted to sleep at night. The first of these areas encompasses the landings at the tops of the staircases

Under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801, the Department of Commerce formulated a series of plans and regulations to protect the dwindling stock of groundfish in the Gulf of Maine. These included closing certain areas to fishing. Appellant, The Gulf of Maine Fishermen's Alliance ("GMFA"), is an association of commercial fishermen who have been severely impacted by the regula

Appellant, Ella Dee Shaw, filed the instant complaint against appellee, Destiny Industries, Inc., the manufacturer of a mobile home that appellant had purchased in 1994. Appellee answered the complaint in the instant action, alleging affirmatively that it was barred by the doctrine of res judicata, and contemporaneously filed a motion for summary judgment on that basis. The trial court granted the

In this contract dispute, Tru-Line Metal Products, Inc. sued United States Fabrication and Erection (USF&E) in federal court. The federal court granted summary judgment in favor of USF&E and awarded full attorney's fees as a sanction for filing a baseless claim. Tru-Line then brought this action in state superior court. USF&E moved for summary judgment on res judicata grounds. The superior cour

On 18 August 2000, plaintiff James A. Wells, the guardian and son of Frank Wells, filed a complaint in Robeson County on behalf of his father alleging medical negligence against Cumberland County Hospital System, Inc. (CCHS) and S & R Health Care, Inc., doing business as Open Arms Rest Home. CCHS is a private, non-profit corporation that operates hospitals and conducts activities in a number of No

This case focuses on issues of timeliness and res judicata. The timely filing issue concerns K.S.A. 60-2103(a) (notice of appeal) and K.S.A. 60-260(b) (motions for relief from final judgment). Our resolution of the current contentions of David M. Duree, a nonparty appellant, adds a postscript to Subway Restaurants, Inc. v. Kessler, 266 Kan. 433, 970 P.2d 526 (1998), cert. denied 526 U.S. 1112 (199

This appeal by Gail Norton, Secretary of the Interior, from a summary judgment in favor of Cliffs Synfuel Corp. ("Appellee"), requires us to decide whether the district court properly construed provisions of the General Mining Law of 1872, 30 U.S.C. §§ 21, et seq. ("Mining Law"), and the Mineral Leasing Act of 1920, 30 U.S.C. §§ 181 et seq. ("Leasing Act"), in light of the Court's interpretation o

Plaintiff, Diane Dillon, brought a medical malpractice action in the circuit court of Cook County against, inter alios, Evanston Hospital (hereafter hospital) and Dr. Stephen Sener. A jury found against these particular defendants and in favor of plaintiff. The appellate court affirmed. No. 1-98-2893 (unpublished order under Supreme Court Rule 23). We allowed the hospital and Dr. Sener's petition

[1] Zagonyi Tungate appeals from the judgment entered in the Superior Court (Cumberland County, Mills, J.) dismissing her claim against William D. Gardner Jr. on res judicata grounds. Because we conclude that the first element of res judicata has not been satisfied, we vacate the judgment.

[2] In June of 1994, automobiles operated by Tungate

Mark Tidball and Michael Tidball, d/b/a Tidball Farms, (plaintiffs) appeal a summary judgment in favor of A.G. Service Center, L.C., (defendant) in actions for general negligence and res ipsa loquitur negligence directed to harm caused to growing crops following the application of a herbicide plaintiffs purchased from defendant. This court affirms.

Plaintiffs brought an action against defend

1. Sandra and Edward Wojtasiak appeal a judgment dismissing their medical malpractice action against Dr. Thomas Tilkens after a jury found Tilkens not negligent. The Wojtasiaks contend that the trial court erred when it (1) admitted expert testimony from Dr. Richard Reinherz; (2) refused to admit prior deposition testimony during Dr. Joseph Cullen's videotaped trial testimony where Tilkens' counse