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Fraud Law
 
Charles Sell v. United States Department of Justice

Charles Thomas Sell sued the United States, alleging that he had been the victim of medical malpractice that occurred while he was in federal custody awaiting trial. The district court1 dismissed the case with prejudice as barred by the two-year statute of limitations for claims under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680. Sell appeals, arguing that the district court erred ... More...   $0 (11-06-2009 - MO)

Werner Enterprises, Inc. and Cheryl R. Neal v. Peter D. Brophry, by his guardian and conservator, Kate Brophy, and Kate Brophry

[¶1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophy‘s vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.

[¶2] I... More...
   $18069257 (11-04-2009 - WY)

Louis Borsellino v. Chicago Trading and Arbitrage Jerry Putnam

Louis Borsellino sued Jerry Putnam and another partners in Chicago Trading and Arbitrage for fraud claiming that they withheld information about the true value of the company when they convinced him to sell his interest in the company for $250,000. Defendants later sold the entire company for $25 million.... More...   $11000000 (11-04-2009 - IL)

Thomas Ubl v. IIF Data Solutions

Thomas Ubl sued IIF Data Solutions on a Qui Tam Whistle Blower (False Claims Act) theory claiming that Defendant defrauded the government by lying to get on a list of government approved contractors.

Defendant denied wrongdoing.... More...
   $0 (10-31-2009 - VA)

Vartika Dubney v. Public Storage, Inc.

Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively “Metropublic” or “defendant”) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer ... More...   $0 (10-31-2009 - IL)

World Harvest Church, Inc. v. Guideone Mutual Insurance Company

This is an insurance case raising some questions of Georgia law.

Without issuing a written reservation of rights, an insurer assumed the defense of a lawsuit for almost eleven months but stopped defending near the end of the discovery period because it decided that there was no coverage. At that point the policy holder hired its own attorneys to defend the lawsuit. About one month after the... More...
   $0 (10-30-2009 - GA)

James Siracusano v. Matrixx Initiatives, Inc.

Matrixx Initiatives, Inc. (“Matrixx”) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe... More...   $0 (10-30-2009 - AZ)

Stormans, Inc. v. Mary Selecky, Secretary of the Washington State Department of Health, et al.

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

Brian Pennell v. Jackie Cooper Imports, LLC

Brian Pennell sued Jackie Cooper Imports, LLC on a fraud theory. The claims made and defenses asserted are not available.... More...   $52500 (10-29-2009 - OK)

Amy Thompson v. Salt Lake County

Plaintiffs-Appellants Amy Thomson, individually and as guardian ad litem for her two children, and the estate of Chad Thomson, through Ms. Thomson as its personal representative, challenge the district court’s grant of summary judgment for Defendants-Appellees Salt Lake County and Deputy Alan Morrical. First, Plaintiffs argue that it was error to grant summary judgment to Deputy Morrical on the ... More...   $0 (10-27-2009 - UT)

Danny J. Bowling v. Joe Rector, Commissioned Agent of the Oklahoma State Bureau of Investigation,

In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house ... More...   $0 (10-26-2009 - OK)

Louis E. Rivelli v. Twin City Fire Insurance Company

Plaintiffs filed this diversity case arising under Colorado law to compel the continued advancement of defense costs under an excess Directors and Officers (D&O) liability insurance policy provided by defendant Twin City Fire Insurance Company (“Twin City”). Plaintiffs appeal from the district court’s order denying their motion for a preliminary injunction and partial summary judgment on the... More...   $0 (10-26-2009 - CO)

James E. Stevenson, Jr. v. Ken Grace, Carter County Sheriff; Shannon Davis, Deputy

James E. Stevenson, Jr., appeals pro se from a district court order that dismissed his civil-rights complaint as time barred. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

BACKGROUND

Mr. Stevenson filed his 42 U.S.C. § 1983 complaint pro se on June 11, 2008. He alleged that he was falsely arrested and beaten by deputies of the Carter County, Oklahoma, Sheriff’s Offi... More...
   $0 (10-26-2009 - OK)

Century Indemnity Company v. Certain Underwriters at Lloyd's, London

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century”) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s”) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...
   $0 (10-23-2009 - )

Christianne Vreeken v. Lockwood Engineering, B.V., et al.

This action involves a dispute over the parties‟ respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file ... More...   $0 (10-21-2009 - ID)

James W. Powell, Jr. v. City of Newton

James W. Powell, Jr. (“plaintiff”) appeals the 27 May 2008 order requiring him to execute a settlement agreement and quitclaim deed. Defendant City of Newton (“the city”), third-party defendant Shaver Wood Products, Inc. (“Shaver”), and third-party defendant W.K. Dickson Engineering, Inc. (“Dickson”) (collectively “defendants”) appeal the 19 August 2008 order denying their moti... More...   $0 (10-20-2009 - NC)

Jerry Losee v. The Idaho Company

This is an appeal from a grant of partial summary judgment in favor of Jerry and JoCarol Losee declaring a promissory note and deed of trust null and void. We vacate and remand.

I.

In September 2003, Jerry and JoCarol Losee entered into an Operating Agreement and Membership Interest Purchase Agreement with the Idaho Company to create Sky Enterprises, LLC. The purpose of Sky Enter... More...
   $0 (10-20-2009 - ID)

Jerry Christian v. David Mason

This is an appeal from the dismissal of Jerry and Joy Christians‘ action to set aside an allegedly fraudulent transfer. The district court dismissed the action, finding that the Christians‘ lacked standing because their claim was preempted by federal bankruptcy law. We vacate and remand.

I.

Factual and Procedural Summary

Jerry and Joy Christian were victims of a Ponzi sche... More...
   $0 (10-20-2009 - ID)

George Milam Hall v. Douglas P. Witteman

George Milam Hall submitted to a local newspaper, the Coffey County Republican (“The Republican”), an advertisement opposing the election bid of Judge Phillip M. Fromme. He paid to have the ad run on two occasions. The paper ran the ad the first time but not the second, instead running an ad supporting Judge Fromme, which was paid for and signed by a number of attorneys, including Coffey Count... More...   $0 (10-19-2009 - KS)

William B. White v. Doris Bowman, et al.

William B. White (plaintiff) appeals the judgment of the Circuit Court of Greene County dismissing his claims against defendants Douglas R. Eckhoff and Sandy L. Eckhoff (Eckhoffs) and granting summary judgment in favor of defendant Doris Bowman (Bowman). We affirm the summary judgment for Bowman. We reverse the dismissal as to Eckhoffs and remand to the trial court for further proceedings.

... More...
   $0 (10-18-2009 - MO)

Falmouth Ox-Bow Realty Trust, et al. v. Joseph and Ruth Black

Falmouth Ox-Bow Realty Trust, et al. sued Joseph and Ruth Black on a breach of contract theory claiming that they failed to transfer title to property they owned. The Blacks counter-claimed, alleging breach of contract, violations of Chapter 93A, and fraud and misrepresentation. ... More...   $2500000 (10-17-2009 - MA)

Jennifer Weiser v. Wells Fargo Auto Finance

Jennifer Weiser and Errick Weiser sued Wells Fargo Auto Finance on a consumer fraud theory. The claims made and defenses asserted are not available.... More...   $0 (10-16-2009 - OK)

Steve Everly v. Knoxville Community School District, Musco Sports Lighting, LLC and Randy Flack

In this case, we must decide if the district court properly dismissed plaintiff’s cause of action. We also review by certiorari the district court’s award of sanctions against the plaintiff’s attorney. The court of appeals affirmed the dismissal and the award of sanctions. Because we agree with the court of appeals’ and district court’s decisions regarding the dismissal, we affirm that p... More...   $0 (10-16-2009 - IA)

Farmers Automobile Insurance Association v. Michael C. Danner and Tracy Watson and David D. Winkler

Plaintiff, Farmers Automobile Insurance Association (Farmers), appeals the trial court's order finding Farmers had a duty to defend defendants, Michael C. Danner and Tracy Watson, in a lawsuit filed by defendant David D. Winkler. We reverse and remand.

I. BACKGROUND

A. The Declaratory-Judgment Action

In December 2007, Farmers filed a complaint for declaratory judgment. The com... More...
   $0 (10-16-2009 - IL)

Jerri Blount v. Joseph Stroud, and Jovon Broadcasting, WJYS-TV 62/34

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)

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