When a pleading is amended to change the party against whom a claim is asserted, as first year civil procedure students routinely learn, the amendment "relates back," under certain conditions, to the date of the original pleading. Under the Federal Rules of Civil Procedure, the conditions that must be satisfied if the relation-back doctrine is to apply are not always identical to the conditions th

The issue in this case involves the rates of interest to be applied from the date of filing of the condemnation complaint less credit for the monies deposited. Plaintiff, Township of West Windsor ("Township"), appeals the Law Division's award of pre- and post-judgment interest to defendant condemnee, Yvette Nierenberg ("Nierenberg"),See footnote 11 calculated on the prime rate compounded annually,

Two groups of tenants, the Nilsson plaintiffs and the Engler plaintiffs, sued their landlord, the Association of Village Council Presidents Regional Housing Authority (AVCP), for injuries caused by exposure to carbon monoxide emissions from their gas ranges. The contractor, R.A. Vranckaert Company, had forgotten to convert the stoves from natural gas to propane before turning the housing proje

{1} Plaintiffs appeal from the district court's grant of summary judgment in favor of the Defendant Albuquerque Public Schools. Plaintiff Yvette Lucero was injured when she tripped and fell on the grounds of the Apache Elementary School, where she had been watching her son's Little League game. Lucero, her husband, and their two children filed suit for damages, claiming Defendant had waived it

Petitioner-appellant Perpetual Securities, Inc. (Perpetual) appeals from a judgment and order of the United States District Court for the Southern District of New York, Owen, J., denying Perpetual's petition to vacate an arbitration award, granting respondents-appellees' petition for confirmation of the award, and granting Rule 11 sanctions against Perpetual in the form of attorney's fees and cost

In this breach of contract action, Jim Gleason, doing business as Jim’s Body Shop (Gleason), appeals from a decision of the district court for Nance County affirming the decision of the county court for Nance County. The county court found Gleason “negligent” and awarded damages to Greg Henriksen. Gleason contends that because of a prior action between Gleason and Henriksen in Na

Plaintiffs-Appellants Karl E. Tropf and Catherine Tropf ("the Tropfs") appeal the district court's dismissal of their claims and imposition of sanctions. The Tropfs' claims arose out of a complicated set of real estate transactions in Michigan in the 1980s and early 1990s, during which, the Tropfs allege, the Tropfs' house was taken from them by fraudulent conveyance. A number of state court actio

John Young was terminated from his position as a police officer with the St. Charles, Missouri police department. Young brought two lawsuits contending the city’s termination of his employment deprived him of his federal constitutional rights. The first lawsuit was dismissed, and the district court concluded the second lawsuit was barred by res judicata (claim preclusion). Young appeals

Donovan worked for Players as a floor supervisor at Players Island Casino in Maryland Heights, Missouri, from February 1997 through April 1999. Situated adjacent to Players Island Casino at the same street address is Harrah’s Riverfront Casino, which is operated by Harrah’s. Players and Harrah’s own, operate, and maintain the common grounds on which both casinos are located,

This appeal arises from a suit filed by appellant American Disability Association ("Association") against Ariel Chmielarz under the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq. Prior to trial, the parties entered a settlement, which was "approved, adopted and ratified" by the district court in a final order of dismissal, and over which the district court expressly retained j

On January 31, 2002, the district court denied as moot Lucini Italia Company's ("Lucini's") motion for preliminary injunction. Because we find that an incorrect legal standard for mootness was employed and that several facts supporting the court's holding appear unsupported by the record, we vacate and remand for immediate discovery and an expedited preliminary injunction hearing.

Plaintiff, Gary L. Higgason, M.D., appeals from the district court's judgment entered on May 18, 2000, dismissing Plaintiff's civil rights action filed pursuant to 42 U.S.C. § 1983 against Defendants, Robert F. Stephens, in his official capacity as Secretary of Justice Cabinet, Commonwealth of Kentucky and as acting Commissioner of the Kentucky State Police; Gary Rose, individually; Dennis Benning

Appellants Richard and Kimberly Simons (the "Simonses") appeal the district court's decision compelling arbitration and enjoining prosecution of their state-court action against Great Earth Companies, Inc. and Great Earth International Franchising Corporation (collectively "Great Earth"), which alleged various claims arising from a franchise agreement between the Simonses and Great Earth. On appea

In December 1997, the Equal Employment Opportunity Commission ("EEOC") received charges of age discrimination from two employees of the North Gibson School Corporation ("NGSC"). The charges alleged that NGSC's early retirement plan ("ERP") discriminated on the basis of age in violation of the Age Discrimination in Employment Act, as amended, 29 U.S.C. sec. 621 et seq. ("ADEA"). The EEOC

This suit involves a decision by the Forest Service to close numerous roads on Boulder Top, a popular recreation area in the Dixie National Forest near Teasdale, Utah. The decision was taken as part of an effort to reduce sedimentation in lakes on Boulder Top. Biologists had observed that sedimentation was contributing to increased winter kill of trout populations in area lakes, and the Forest Ser

1 This is an appeal from judgment on jury verdict entered in favor of Plaintiff, Mazzio''s Corporation (Mazzio''s), in an action alleging malicious prosecution in relation to the filing and prosecution of lawsuits in state and federal court by Defendant attorney Thomas Bright. The underlying lawsuits were filed against Mazzio''s by Bright on behalf of his client, Defendant Robin Burch, who alleged

In this appeal, William R. Brown seeks reversal of the circuit court's judgment holding that Brown's motion for judgment was precluded by an accord and satisfaction.

Brown and Harold Sparks, an employee of Interstate Batteries of Raleigh, N.C., t/a Interstate Battery Systems of Southern Virginia (Interstate), had an altercation on Interstate's business premises. Brown and Sparks swo

As children, the five appellants in these actions were patients of Daniel B. Schrein, M.D., who was then a pediatrician practicing in Omaha. Now adults, appellants brought actions to recover damages for sexual abuse perpetrated upon them by Schrein under the guise of medical treatment. After obtaining default judgments against Schrein, appellants commenced these garnishment proceedings against The

Plaintiff Brenda Satterfield appeals from the district court's order dismissing her Title VII complaint against her former employer, Olsten Kimberly Quality Care. In a prior complaint, plaintiff claimed that defendant had terminated her employment in violation of the Family Medical Leave Act (FMLA). The district court dismissed the FMLA action with prejudice upon motion of plaintiff. The court sub

[3] Lee and Evelyn worked for Farmers Cooperative Association (Farmers Co-op) in Gillette. Lee was the general manager, and Evelyn was a bookkeeper. Ms. Carver operated an H&R Block tax service franchise (Gillette H&R Block) in Gillette.

[4] In 1982, Lee became involved in a trucking company known as Whelchel Trucking with his brother-in-law, Ernie Whelchel (Ernie). Ernie was married to Lee&#

Dr. Berglee brought this coercive action to recover $252,876.71 from the First National Bank (Bank) based on a Montana federal district court's declaratory judgment that the Bank had disbursed funds from Berglee's line of credit without his authorization. Berglee also claimed in this action that the Bank committed fraud in the wrongful handling of his accounts and converted proceeds from the s

The plaintiffs appeal from the judgment of the trial court granting the defendants’ bill of costs. On appeal, the plaintiffs claim that the court abused its discretion because it (1) failed to disqualify itself, and (2) awarded costs for subpoenas that were not shown to have been served and from which no testimony resulted. We affirm the judgment of the trial court.

This appeal aris

R.M.S. Titanic, Inc. ("RMST"), as salvor-in-possession of the submerged wreck of the R.M.S. Titanic and the artifacts salvaged from it, challenges the district court's orders of September 26, 2001, and October 19, 2001. These orders were entered after the court discovered RMST's plans to sell some of the artifacts and confirmed that the court's earlier orders prohibiting the sale of artifacts "wer

Plaintiff, Virginia Giegoldt, appeals the circuit court's order dismissing her complaint against defendant, Condell Medical Center, because she failed to comply with section 2--622 of the Code of Civil Procedure (735 ILCS 5/2--622 (West 2000)). Plaintiff contends that (1) she did not have to comply with section 2--622 because her complaint alleged simple negligence rather than healing art malpract

Dr. Barry Sears ("Sears") is a biochemist and the inventor of the popular "Zone" diet. In 1989, based on his research concerning the relation between dietary intake and the production of certain hormones, Sears developed a nutrition bar he dubbed the BioSyn Bar.

In 1992, Sears founded Surfactant Technologies, Inc. ("STI") to facilitate the development and distribution of various products, includ