Cases

JAMES E. GRAVES, JR., Circuit Judge: This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (

MEMORANDUM OPINION AND ORDER James O. Browning, UNITED STATES DISTRICT JUDGE THIS MATTER comes before the Court on: (i) the requests in the Plaintiffs’ Mo*867tion to Strike Affirmative Defenses, filed November 4, 2015 (Doc. 191)(“Plaintiffs’ Motion to Strike Affirmative Defenses”); (ii) the requests in the Defendants’ Motion for Summary Judgment on

ACCEPTED 03-15-00348-CV 6616789 THIRD COURT OF APPEALS AUSTIN, TEXAS

773 F.Supp.2d 1018 (2011) Julie MACH, as Personal Representative of the Estate of Louis Dwayne Mach, III, Deceased; Julie Mach, individually and as next Friend of Jewel Mach, a Minor Child, Louis Mach, a Minor Child, Karlton Mach, a Minor Child, and Ivan Mach, a Minor Child, Plaintiffs, v. TRIPLE D SUPPLY, LLC; Donald R. Doak, Individually; Great American Insurance Company, d/b/a Great American E & S Insurance Company, Defendants, and Tri

ACCEPTED 03-14-00518-CV 6061835 THIRD COURT OF APPEALS AUSTIN, TEXAS

ACCEPTED 04-15-00469-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/3

362 F.3d 639 STAR FUEL MARTS, LLC, Plaintiff-Appellee,v.SAM'S EAST, INC., Defendant-Appellant. No. 03-6067. United States Court of Appeals, Tenth Circuit. March 19, 2004. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Gary S. Chilton, Holladay, Chilton & DeGiusti, PLLC, Oklahoma City, OK, fo

AMENDED MEMORANDUM OPINION ROBERT H. JACOBVITZ, United States Bankruptcy Judge THIS MATTER is before the Court following an eleven-day trial on the merits of the corporate liability phase of this litigation. The United Tort Claimants (the “UTC”)1 and Quorum Health Resources, LLC (“QHR”) were represented by counsel as noted on the record. This case s

LOUISE W. FLANAGAN, United States District Judge This matter is before the court on defendants' motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (DE 22). Also before the court is defendants' motion to strike a portion of plaintiffs' response in opposition to the motion to dismiss (DE 36). The issues raised have been fully brie

Appellate Case: 23-6138 Document: 58 Date Filed: 10/21/2025 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS October 21, 2025

JAMES E. GRAVES, JR., Circuit Judge: We withdraw our prior opinion, Lyda Swinerton Builders, Inc. v. Oklahoma Surety Co. , 877 F.3d 600 (5th Cir. 2017), and substitute the following in light of the Texas Supreme Court's opinion on rehearing in USAA Texas Lloyds Co. v. Menchaca ,

Case: 16-20195 Document: 00514621050 Page: 1 Date Filed: 08/29/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-20195 FILED August 29, 2018

373 S.C. 43 (2007) 644 S.E.2d 43 Ralph C. McCULLOUGH, as Plan Trustee for the Estates of HomeGold, Inc., HomeGold Financial, Inc., and Carolina Investors, Inc., Plaintiff, v. GOODRICH & PENNINGTON MORTGAGE FUND, INC., Advanta Mortgage Corp., USA, and Chase Home Finance, LLC, Defendants. No. 26303. Supreme Court of South Carolina. Heard March 20, 2007

Case: 16-20195 Document: 00514270240 Page: 1 Date Filed: 12/12/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-20195 FILED D

MEMORANDUM OPINION AND ORDER ROBERT C. BRACK, UNITED STATES DISTRICT JUDGE THIS MATTER is before the Court on Plaintiffs Motion to Dismiss Defendant Steve Elmore’s Counterclaims (Doc. 37). Plaintiff President and Fellows of Harvard College (Harvard) and Steve Elmore contracted to produce and publish a book, but Harvard declined Mr. Elmore’s manuscript. (Docs. 22-1; 22-2.) After Mr. Elmore published the

*1011PAUL J. KELLY, JR., Circuit Judge. Defendant-Appellant/Cross-Appellee Trivental, Inc.1 (“Trivental”) appeals from a judgment as a matter of law (“JMOL”) in favor of Plaintiff-Appellee/Cross-Appel-lant Murphy Oil U.S.A., Inc. (“Murphy”) on (1) Murphy’s breach of contract claim; (2) two of Trivental’s breach of contract counterclaims; an

567 F.3d 767 (2009) NORTHUP PROPERTIES, INC., Plaintiff-Appellant, v. CHESAPEAKE APPALACHIA, L.L.C., Defendant-Appellee. No. 08-5718. United States Court of Appeals, Sixth Circuit. Argued: April 28, 2009. Decided and Filed: June 8, 2009. *768 ARGUED: Eldred Edward Adams, Jr., Adams & Adams, Louisa, Kentucky,

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 09a0205p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ X Plaintiff-Appellant, - NORTHUP PROPERTIES, INC.,

423 B.R. 353 (2010) In re LEXINGTON OIL AND GAS LTD., Company, Oak Hills Drilling and Operating LLC, Debtors. Gerald R. Miller, Trustee, Plaintiff, v. James C. Dow, Alexander Cox, and Grant Atkins, Defendants. Bankruptcy No. 08-80228. Adversary No. 08-08029. United States Bankruptcy Court, E.D. Oklahoma. January 27, 2010. *356

USCA4 Appeal: 22-1927 Doc: 119 Filed: 04/29/2024 Pg: 1 of 147 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-1721 MAXWELL KADEL; JASON FLECK; CONNOR THONEN-FLECK; JULIA MCKEOWN; MICHAEL D. BUNTING, JR.; C.B., by his next friends and parents; SAM