Hygienics Direct Company ("HDC"), Hygienics Telemarketing, Inc. ("HTI"), and Hygienics Consolidated, Inc. ("HCI"), filed suit on July 24, 1998, against Medline Industries, Inc. ("Medline"), Child Homecare Corporation of America ("CHCA"), and The Alliance for Children’s Hospitals, Inc. ("the Alliance"), in the United States District Court for the Eastern District of Pennsylvania t

This appeal requires us to determine the effect of the Supreme Court's landmark class action decisions in Amchem Products, Inc. v. Windsor, 521 U.S. 591 (1997), and Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), on a previously settled class action concerning exposure to Agent Orange during the Vietnam War. Daniel Stephenson and Joe Isaacson are two Vietnam War veterans who allege that they were

Appellant Duane W. Larson ("Larson") filed this action in the district court to recover interest on funds which the federal government had seized for purposes of civil forfeiture but which were ultimately returned to him. The district court awarded to Larson the interest actually earned on his money while it was in the government's hands. This, however, was a fairly minimal amount since for most o

In this extraordinary case an individual who obtained a $765,000 settlement in a suit for legal malpractice is suing--for legal malpractice--the lawyers who obtained the settlement for him. It is a tangled story, and we must begin at the beginning.

In 1987 Gary McKnight brought suit against his former employer, General Motors, in a federal district court in Wisconsin, charging discri

Pursuant to two 1978 coal leases and a permit issued by the Texas Railroad Commission, Northwestern conducts a lignite-mining operation known as the Jewett Mine. Northwestern sells the lignite to Houston Lighting and Power Company (HL&P) under a contract that designates Northwestern as HL&P's exclusive supplier of lignite for a nearby power plant in Freestone County.

TCA purchased in 1991 the fe

Bill Watson formed Creative Thinking, Inc., appellee, to create and sell software applications for banks and financial institutions. Watson asked his sister, Barbara Koch, to draft the instructions and manuals for his software programs. At his behest, Koch formed her own corporation, Creative Thinking Sources, Inc., appellant, to handle her portion of the venture. The business created by the two c

1 Plaintiff Krystal Lowrey and her husband appeal from summary judgment in Lowrey's suit to recover damages from an elevator maintenance company for injuries that she sustained in an that the trial court erred in precluding Lowrey from relying upon res ipsa loquitur to advance her case, we reverse the summary judgment entered against her. We uphold, however, the trial court's ruling that def

Blackwell's efforts to collect on a $1.1 million Missouri bankruptcy court judgment against Ronald U. Lurie have brought the parties before this Court on several occasions. See State ex rel. Blackwell v. District Court (1997), 282 Mont. 530, 934 P.2d 1041; Lurie v. Sheriff of Gallatin County (1997), 284 Mont. 207, 949 P.2d 1163 (Lurie I); Blackwell v. Lurie (1997), 284 Mont. 351, 943 P.2d 1318;

Beathard Joint Venture, formerly known as BPB Joint Venture, appeals the trial court's judgment in favor of The West Houston Airport Corporation and Woody Lesikar. The Airport owns and operates a general aviation airport located west of Houston. The Airport's facilities are open to the public and accommodate aircraft ranging from single engine planes to turboprops and business jets. As part of an

Dr. Martha Thomasko ("Thomasko") sued Daniel Poole, Jr., ("Poole") for negligence as a result of an vehicle accident. The trial court denied plaintiff Thomasko's motion for a directed verdict on the issue of her comparative negligence. The Court of Appeals affirmed the trial court in an unpublished opinion, and Thomasko appealed to this Court. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

Defendant

Plaintiffs-appellants appeal the district court's decision to grant the defendant banks' motions to dismiss. The district court ruled that plaintiffs' claims were barred by the statute of repose. We affirm.

The parties appear to agree that plaintiffs Benjamin W. Stark, Allan Breed Stark, Mary Breed Brink, Barbara Chapman, Martha McCormick, Nancy Gee, Ruth Hanna, and Thomas Millar are beneficiar

Nationwise Automotive, Inc.'s Employee Stock Ownership Plan (ESOP), ESOP participants Christopher Browning and Jeffrey Rademan, and NW Liquidating, Inc. (NW), the successor to Nationwise, appeal the district court's grant of summary judgment in favor of the law firm of Squire, Sanders, & Dempsey (SSD). The ESOP, Browning, and Rademan claimed that SSD breached its fiduciary duties and engaged in pr

This case concerns the construction and application of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq. Adopted by Congress in 1993 to address conflicts facing working men and women confronted with their or their family members' serious health problems, the FMLA under certain conditions guarantees employees an amount of unpaid leave each year to deal with such problems. It

The plaintiffs, seven Dartmouth College alumni, appeal dismissal of their petition for declaratory judgment and injunctive relief. They argue that the Trial Court (Fitzgerald, J.) erred in ruling that: (1) the plaintiffs failed to allege sufficient facts to maintain a cause of action for misrepresentation; (2) no fiduciary duty existed between the trustees of Dartmouth College and individual alumn

This is an appeal from an entry of summary judgment by the United States District Court for the District of Idaho in favor of seven local government officials against whom an Idaho businessman brought charges under the United States and Idaho Constitutions, 42 U.S.C. §§ 1983, 1985(3), and various Idaho statutes. We affirm in part and reverse in part.

I. Background

Butler Trailer Manuf

Dennis Pickens appeals the district court's2 grant of judgment as a matter of law in favor of his former employer, Soo Line Railroad (Soo Line), after a jury found in his favor in this employment discrimination case. Pickens contends Soo Line terminated his employment in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213 (1994), and the Iowa Civil Rights Act (ICRA)

Roland S. Weaver appeals from the district court's judgment dismissing his civil rights complaint for lack of jurisdiction­as barred by the Rooker-Feldman doctrine and res judicata­failure to state a claim, and frivolousness, and denying him leave to file an amended complaint. The parties are familiar with the underlying facts; we need not repeat them here. Suffice it to say, all of Mr. Weaver's a

In this case we are asked to determine whether a claim for breach of duty of loyalty against the claimants’ former attorneys for representing an opposing party in an arbitration should be foreclosed on res judicata grounds where the claimants had previously submitted an unsuccessful motion to disqualify to the arbitration panel. The trial court granted a defense motion for summary judgme

Helen Smith, the personal representative of the estate of Elizabeth Ferguson, brought a medical malpractice survival action seeking compensatory and punitive damages alleging that the nursing and medical care provided to Ms. Ferguson while she was a patient at Medlantic Manor in Silver Spring, Maryland, was below the standard of care and proximately caused her death in the District of Columbia

Dr. Anita Patt sued her former employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e et seq., alleging gender-based discrimination, a hostile work environment, and retaliation. The district court granted summary judgment in favor of her employer, and Patt appeals. We affirm.

Family Health Plan Cooperative ("Family Health") is a Wisconsin-based health main

Once again a federal court is called upon to unravel a congressionally-legislated Federal-State standoff. The National Elk Refuge (NER), a part of the National Wildlife Refuge System (NWRS), encompasses approximately 24,700 acres of wilderness north of Jackson Hole, Wyoming, in the greater Yellowstone area.(1) Brucellosis, a serious disease that causes miscarriage, is endemic to free-ranging elk i

2 On August 28, 1981, James and Beverly Rothey, as trustors, and Mountain West Savings & Loan (Mountain West), as beneficiary, executed the Deed and Note in relation to the Property. Later, Michael Flynn assumed the rights and obligations of the Rotheys and Mountain West assigned its rights to AIM. In July 1992, a civil judgment was entered against Flynn. A writ of execution was entered, resulting

Plaintiffs, Nesbit and several other named individuals, on behalf of themselves and others similarly situated, filed a complaint against Winn-Dixie Raleigh, Inc., in federal district court in North Carolina in 1998, alleging race discrimination in promotions for supervisory positions in Winn-Dixie stores. Winn-Dixie moved to dismiss based on res judicata, claiming that plaintiffs, with the ex

P&G manufactures and distributes numerous household products. Since the late 1970's and early 1980's, rumors of links to Satanism have circulated throughout the United States. A common version alleges that P&G's president admitted to worshiping Satan on a television talk show and that a portion of P&G's profits goes to the church of Satan. The rumor has circulated in the form of voicemail messages

In 1999, V. Boyd filed a wrongful termination suit against the St. Paul Schools, Independent School District 625, in Minnesota state court. After a hearing, the Minnesota trial court granted the school district’s motion for summary judgment, concluding that Boyd had not made a prima facie showing of discrimination. The Minnesota Court of Appeals dismissed Boyd’s ensuing appeal for