Appellee, Elizabeth Cardona, filed suit against appellants, Toby Paul Couchman and Pro-Surv, for damages based on an allegedly incorrect land survey. Couchman and Pro-Surv filed a motion to dismiss based on Cardona’s failure to file a certificate of merit with her petition. Cardona nonsuited her claims against
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Couchman and Pro-Surv and later filed the underlying suit based on the same un

Morello owns property at the northwest corner of 42d and Center Streets in Omaha, Nebraska. NAMN owns property immediately to the west of Morello’s property. Throughout this litigation, and hereinafter in this opinion, NAMN’s property is referred to as “Lot 9” and Morello’s property is referred to as “Lot 10.” A residential home is located on Lot 9, and there are no structures on Lot 10. Lot 10 se

Plaintiffs-Appellees Joanne Neale, Keri Hay, Kelly McGary, Svein Berg, Gregory Burns, David Taft, Jeffrey Kruger, and Karen Collopy (collectively “Plaintiffs”) filed suit on behalf of themselves and a nationwide class of current and former Volvo vehicle owners and lessees. Plaintiffs allege that a uniform design defect exists in the sunroof drainage systems in the following vehicles sold and leas

This case is a class action brought by purchasers of notebook computers that were manufactured by Hewlett-Packard, Inc. (HP). Appellants are I Braun Degenshein (Degenshein), and Susanna Giuliano-Ghahramani (Giuliano-Ghahramani), both of whom are representative plaintiffs of a class of California residents who purchased certain HP notebook computers. The basis of appellants’ consumer action aga

This appeal involves a putative class action brought by consumers from six states alleging that Appellants-Defendants Volvo Cars of North America, LLC and Volvo
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Car Corporation (collectively “Volvo”) sold certain vehicles with defective sunroof drainage systems. Volvo challenges the grant of class certification by the U.S. District Court for the District of New Jersey. For the reasons th

Plaintiffs, a putative class of owners of Microsoft
Corporation’s (Microsoft) Xbox 360® video game console
(Xbox), appeal from the stipulated dismissal with prejudice
of their lawsuit and from the order striking their class
allegations. In striking the class allegations, the district court
deferred to an earlier class certification denial order involving
a similar putative

Tulsa, OK - Gunboat Park Surplus & Militaria, LLC sued Joda Co., David Bershof and Parrish Company on breach of contract theories claiming:

1. The Plaintiff is an Oklahoma limited liability company with its principal place of business in Tulsa, Oklahoma.
2. Defendant Joda, Co. is a Colorado company with its principal place of business in Denver, Colorado. Defendant Joda Co. owns a war

Appellant Fairbanks Contracting and Remodeling, Inc., the defendant below, appeals a non-final order denying its motion to dismiss or transfer for improper venue. Appellant seeks to enforce a forum selection clause in a contract with the Appellees (plaintiffs below), Anthony and Mary Hopcroft. We agree that the clause is enforceable. Although Appellees’ complaint raises only a statutory claim of a

Plaintiff CFE Racing Products, Inc. (“Plaintiff”) appeals from the
order of the district court entering a narrow permanent injunction against BMF Wheels, Inc. and
BMF Wheels owner Brock Weld (“Defendants”) on February 24, 2014 following a jury trial that
resulted in a verdict for Plaintiff. Plaintiff argues that the injunction crafted by the district court
is inadequate, and that t

Roger and Dorothy Johnson appeal the circuit court’s grant of
summary judgment in favor of Hayman Residential Engineering Services, Inc.
(Hayman). The Johnsons sued Hayman on a theory of professional negligence
because Hayman made an allegedly substandard and inadequate structural
engineering report on the Johnsons’ home (the Home). The report was prepared for
Fannie Mae

The court has considered relators’ petition for writ of mandamus and is of the opinion that relief should be granted regarding mediation and denied regarding arbitration. The trial court abused its discretion by appointing a
1See Tex. R. App. P. 47.4, 52.8(d).
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mediator and assessing mediation costs in a manner not authorized by the parties’ contract. The portions of the petition addr

Tulsa, OK - Real Property Holding Indian River County, FL, LLC sued James R. Adams, Mardila Trust and Mardila Enterprises for declaratory judgment seeting construction of a trust claiming:

1. On the 2 day of July 2010, judgment was rendered against, among others, defendant James R. Adams, jointly and severally, in Case No. 312009CAO1O591XXXXXX in the Circuit Court of the Nineteenth Judici

Soo Line Railroad Company and G-4, LLC appeal from a summary judgment declaring Soo Line does not own an interest in the minerals in and under certain Mountrail County property and G-4 does not hold a valid leasehold interest in the property. Soo Line and G-4 argue the district court erred in finding seven private deeds conveyed only easements and not a fee simple title to Soo Line's predecessor-i

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.T

In this proposed class action, the named plaintiff asserts that wood he bought for a fence at his home was not properly pressure-treated and that it prematurely rotted. He asserts claims against the defendant wood manufacturer under Alabama law, first for violating the Alabama Deceptive Trade Practices Act, and second for breach of express warranty. The district court dismissed the claims.
Thi

James McKenzie appeals from the trial court’s order awarding him only $28,350 of the nearly $48,000 in attorney fees he sought in this case, following the parties’ settlement of McKenzie’s claim under the automobile “lemon law” provisions of the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). He contends the court abused its discretion by awarding him none of the attorney fees he

Bruening Rock Products, Inc. purchased trucks from Hawkeye
International Trucks. In time, Bruening sued Hawkeye, alleging breach of its
contract to provide trucks with a gross vehicle weight rating (“GVWR”) of 74,000
pounds. The case was tried to a jury. At the close of Bruening’s evidence,
Hawkeye moved for a directed verdict on several grounds, including a theory that

A home buyer appeals from an adverse judgment following jury trial of her
breach-of-contract, negligence, and misrepresentation claims against the seller.
Donna Canavan contends the trial court (1) erred in not granting a new trial when
the jury’s verdict was not sustained by sufficient evidence; (2) erred in failing to
grant a directed verdict in regard to the individual liab

This case arises from a dispute over the ownership of a 5.5-acre tract of real estate in Cloud County. The district court determined that Keith Elliott, who had at one time deeded away the land to his then-wife's daughter, had regained possession of the disputed tract through adverse possession. A panel of the Court of Appeals reversed on the issue subject to our grant of review, concluding that

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 23, 2013, which denied defendants' CPLR 3211(a)(1) and (7) motion to dismiss plaintiffs' amended complaint asserting fraudulent inducement, affirmed, without costs.

The court properly concluded that the fraudulent inducement claim was not duplicative of the breach of contract claim.

The underlying facts

Plaintiffs Corina Munoz and Keresha Edwards appeal from an order denying certification of a class of approximately 26,000 nonexempt California current and former employees of defendant Chipotle Mexican Grill, Inc. (Chipotle) regarding what plaintiffs allege is Chipotle‘s policy to require employees to purchase slip-resistant shoes from a vendor, Shoes for Crews, in order to work at Chipotle‘s rest

This case concerns congressional intent with respect to label information on
sunscreen products: is it to be determined solely by the federal agency it charged with
ensuring uniform labeling for those products, or, in addition, by each state through
private civil suits. Appellants Kay Eckler and Steve Engel filed separate actions against
respondent Neutrogena Corporation alleging t

Prisoners sentenced to death in the State of Oklahoma
filed an action in federal court under Rev. Stat. §1979, 42
U. S. C. §1983, contending that the method of execution
now used by the State violates the Eighth Amendment
because it creates an unacceptable risk of severe pain.
They argue that midazolam, the first drug employed in the
State’s current three-drug protocol,

Tulsa, OK - Civil trial lawyer Steve Capron represented Capron Construction, Inc. on breach of contract theories against Michael John Hafaffey, Ashley Nichole Mahaffey p/a/k Ashley Nichole Brown claiming:

1. Plaintiff is an Oklahoma corporation doing business in Tulsa County, Oklahoma.

By two issues, appellant Lee Ann Cholopisa (Lee Ann) appeals the trial court’s division of property with appellee Roy William Cholopisa (Roy). Lee Ann asserts that (1) the trial court based its decision upon inadmissible hearsay evidence, and (2) Roy committed fraud. We affirm.
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I. BACKGROUND
Lee Ann and Roy married on January 2, 2002, and the couple separated in March 2010. On Apri