This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trus...   MORE>>

ERISA 502(a)(3)(B) authorizes actions by fiduciaries . . . to obtain other appropriate equitable relief . . . to enforce . . . the terms of the [ERISA] plan. 29 U.S.C. 1132(a)(3)(B). The question this court deems enbancworthy is whether ACS Recovery Services, Inc., the administrator, and...   MORE>>

This appeal arises from a bench trial in which the district court found that Appellant Meggie Chapman violated the assisting and facilitating provision of the Telemarketing Sales Rule, 16 C.F.R. 310.3(b). The underlying consumer protection action was brought by the Federal Trade Commiss...   MORE>>

An arbitration panel awarded Tricon Energy Ltd. ( Tricon ) damages, and post-award interest on those damages at 8.5%, because Vinmar International, Ltd. ( Vinmar ), breached a contract. Vinmar appeals a judgment confirming the award, claiming the parties never agreed to arbitrate. Tricon cro...   MORE>>

A jury found that Raytheon Company ( Raytheon ) willfully violated the Age Discrimination in Employment Act ( ADEA ), 29 U.S.C. 621 et seq., and the Texas Commission on Human Rights Act ( TCHRA ), TEX. LAB. CODE 21.001 et seq., by terminating Richard Miller ( Miller ) because o...   MORE>>

After a jury verdict of infringement with an award of damages in favor of Versata Software, Inc., Versata Development Group, Inc., and Versata Computer Industry Solutions, Inc. (collectively Versata ), SAP America, Inc. and SAP AG (collectively SAP ) appeal. Ultimately, the trial court fou...   MORE>>

Following our prior remand, B&B Hardware, Inc. v. Hargis Industries, Inc., 569 F.3d 383 (8th Cir. 2009), the district court conducted a seven-day jury trial on B&B Hardware s ( B&B ) claim of trademark infringement and unfair competition and on Hargis Industries ( Hargis ) c...   MORE>>

Mercantile Bank lent money to Louis J. Pearlman, who was perpetrating a large fraud. Before the fraud was exposed, American Bank of St. Paul and 25 other banks lent him money. Part of those funds paid off Mercantile s outstanding loans to Pearlman. American sued Mercantile, claiming it aided, abet...   MORE>>

Title VII of the Civil Rights Act of 1964 proscribes several types of discrimination. Included among them is mixed motive discrimination: discrimination motivated in part, but not entirely, by an impermissible factor. An employer found to have acted with such a motivation can limit a plaintiff...   MORE>>

Merle Wood & Associates (Merle Wood), a yacht-broker, appeals the district court s grant of summary judgment in favor of Trinity Yachts, LLC (Trinity), a manufacturer and seller of yachts. We affirm. I. BACKGROUND On September 8, 2010, Merle Wood sued Trinity for, among other things, q...   MORE>>