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Accountant Law
 
Larson & Larson, P.A., et al. v. TSE Industries, Inc.

We have for review the decision of the Second District Court of Appeal in TSE Industries, Inc. v. Larson & Larson, P.A., 987 So. 2d 687 (Fla. 2d DCA 2008), in which the district court certified direct conflict with the decision of the Fourth District Court of Appeal in Integrated Broadcast Services, Inc. v. Mitchel, 931 So. 2d 1073 (Fla. 4th DCA 2006), regarding when the two-year statute of limita... More...   $0 (11-05-2009 - FL)

Gebhardt & Smith, L.L.P. v. Maryland Port Administration

This appeal arises from a dispute between Gebhardt & Smith LLP (“Gebhardt & Smith”), appellant, and the Maryland Port Administration (“MPA”), appellee, over a lease (“Lease”) for office space in the Baltimore World Trade Center (“WTC”). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the building’s operati... More...   $0 (10-29-2009 - MD)

Nanodetex Corporation v. Defiant Technologies

Defiant claims that Nanodetex maliciously abused legal process by filing a meritless lawsuit against it that was really aimed at “tying up” Defiant in litigation so that it could not pursue its business plan and would be forced to merge its business into Nanodetex’s. At trial, the jury agreed and awarded Defiant $2,000,001 in damages. Nanodetex now appeals this result. In this diversity disp... More...   $0 (10-15-2009 - NM)

Janell S. Marin v. IESI TX Corporation

Appellant, Janell S. Marin appeals from a judgment in favor of appellee, IESI TX Corporation ("IESI"). The judgment was rendered in accordance with the jury's findings that Marin committed forgery, misapplication of fiduciary property, fraud, and conversion. In nine issues, Marin challenges the trial court's admission of evidence, the legal and factual sufficiency of the evidence, and the award o... More...   $0 (10-15-2009 - TX)

Emad Elkadrawy v. The Vanguard Group, Inc.

In a complaint dated May 1, 2008, plaintiff Emad Elkadrawy, an American citizen of Egyptian origin and a Muslim, alleged that his former employer, The Vanguard Group, Inc. (“Vanguard”), discriminated against him on account of his race, religion, and national origin in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., and his age under the Age Dis... More...   $0 (10-10-2009 - PA)

Spectrum Prosthetics and Orthotics, Inc. et al. v. Baca Corporation, Andrew Shirley, et al.

BACA Corporation (Corporation), Andrew Shirley, Rhoda Shirley, Elizabeth Anderson, and Aimee Grensteiner (collectively the BACA defendants) appeal the district court‟s inclusion of jury instructions of piercing the corporate veil. The BACA defendants claim that Spectrum Prosthetics and Orthotics, Inc., with principals, Todd Schweitzer, Mark McDonald, and Jeffrey Bruce, (Spectrum) made no claim o... More...   $0 (10-07-2009 - IA)

Jennifer L. Fears d/b/a Choices Family Education Services v. Ann Brill d/b/a Ann Brill, CPA

Psychotherapist Brian Fears does business as Choices Family Education Services, S.C. (“Choices”). Choices, Brian Fears and his wife, Jennifer, (collectively, Fears) appeal from a summary judgment granted in favor of Ann Brill, a certified public accountant. Fears claimed that Brill was negligent and breached her fiduciary duty in performing her accountant responsibilities. We agree that Fea... More...   $0 (10-07-2009 - WI)

All-Ways Logistics v. USA Truck

This breach-of-contract case arises out of a commission agreement entered into by All-Ways Logistics, Inc., and USA Truck, Inc. Following a jury trial, the District Court1 awarded All-Ways approximately $3 million on its breach-of-contract claims, as well as prejudgment interest and attorney fees. USA Truck appeals, arguing that the District Court erred by (1) failing to instruct the jury on an af... More...   $0 (10-06-2009 - AR)

Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

The Board of Trustees of the Leland Stanford Junior University (“Stanford”) appeals a final judgment that the asserted claims of U.S. Patents No. 5,968,730 (“’730 patent”), No. 6,503,705 (“’705 patent”), and No. 7,129,041 (“’041 patent”) are invalid for obviousness. Bd. of Trs. v. Roche Molecular Sys., Inc., 563 F. Supp. 2d 1016 (N.D. Cal. 2008) (“Invalidity Opinion”). Ro... More...   $0 (10-05-2009 - CA)

Carts & Parts, Inc. v. Antonio L. Rosales

¶1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re... More...   $0 (10-01-2009 - OK)

Justin Bryan; J&L Construction v. City of Cotter; City of Gassville; Garver, Inc.; Grubbs, Hoskyn, Barton & Wyatt, Inc.

This case involves the interpretation of exculpatory clauses in a construction contract and the determination of when the statute of limitations begins to run on a contractor’s professional malpractice claim against an engineering firm. Jurisdiction is in this court pursuant to Ark. Sup. Ct. R. 1-2(b)(5).

In 2002, the City of Cotter and the City of Gassville (the Cities) retained the serv... More...
   $0 (10-01-2009 - AR)

Mactec, Inc. v. Bechtel Jacobs Company, LLC

Defendant-Appellant Bechtel Jacobs Company, LLC (“BJC”) appeals from the district court’s judgment following an eight-day bench trial. The district court awarded Plaintiff-Appellee MACTEC, Inc. (“MACTEC”) $9,844,319.82, plus attorney fees and interest, on several of its claims and denied all of BJC’s counterclaims. BJC asserts that the district court erred by: (1) finding unreliable th... More...   $0 (09-25-2009 - TN)

Constance J. Jarvis v. Constance M. Lieder, et al.

A constructive trust arises ‘‘when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,—as numberless as the modes by... More...   $0 (09-15-2009 - CT)

Mike A. Abdalla v. Raed I. Qadorh-Sidan and Hani I. Qadorh-Sidan

Appellants-Defendants, Mike A. Abdalla, Basim M. Abdalla, WB Realty, LLC, Q Realty Group, Inc., Greentree Real Estate, LLC, Sawmill Realty, LLC, Hickory Place Realty, LLC, and Maple Leaf Realty, LLC (collectively, the Abdallas), appeal the trial court‟s Order denying their Motion for Summary Judgment on the Appellees-Plaintiffs‟, Raed I. Qadorh-Zidan and Hani I. Qaddoura Zidan (collectively, t... More...   $0 (09-10-2009 - IN)

Harmond H. Schaefer v. AXA Equitable Life Insurance Company

Plaintiff-Appellant, Harmond Schaefer, brought suit against his former employer, AXA Equitable Life Insurance Company (“Equitable”) and the company that managed Equitable’s disability insurance policies, Disability Management Services, Inc. (“DMS,” and collectively, “defendants”). The district court granted defendants’ motion for summary judgment on the ground that Schaefer’s bre... More...   $0 (09-02-2009 - MI)

John Wesley Green v. Edna L. Green, et al.

Champs-Elysees, Inc. (“Champs-Elysees”) began in 1983 in the living room of Edna Green,2 a former Nashville school teacher. Ever since its founding, Champs-Elysees has been a small, closely held business. The Green family and a small number of other persons have owned and operated the company. Edna Green’s sons, John Wesley Green and Mark Green, and her daughterin- law, Dianne Green, who is ... More...   $0 (08-26-2009 - TN)

Thomas Brennan v. Brennan Associates, et al.

As aptly described by the trial court, ‘‘[t]his particular case is the unhappy story of a financially successful [partnership] that became an environment of distrust, rancor and paralysis after the untimely death of [one of the four partners].’’ On one side is the plaintiff, Thomas Brennan, one of the partnership’s founding members. On the other side are the defendants: the named defenda... More...   $0 (08-18-2009 - CT)

SEC v. Hank Greenberg

Plaintiff Securities and Exchange Commission ("Commission"), for its Complaint against Defendants Maurice R. Greenberg and Howard 1. Smith (collectively, "Defendants"), alleges as follows:

SUMMARY OF ALLEGATIONS

I. From at least 2000 until 2005, Maurice R. Greenberg, the former chairman and chief executive officer ofAmerican International Group, Inc. ("AIG"), and Howard 1. Smith,... More...
   $0 (08-10-2009 - NY)

Martha L. Asher v. Alkan Shelter, LLC

An employer sued a former employee and his ex-wife for damages it incurred when the employee embezzled a substantial sum from the employer. The ex-wife now appeals that portion of the judgment rendered against her, arguing that the court’s findings are insufficiently specific for appellate review, that the complaint did not plead fraud with sufficient particularity, that the court should not hav... More...   $0 (07-31-2009 - AK)

Bomar Oil & Gas, Inc. v. D. Mark Loyd

BoMar Oil & Gas, Inc. operates the Marie C. Dodge Well in which D. Mark Loyd has an unleased mineral interest. Loyd sued BoMar for fraud and violations of the Deceptive Trade Practices Act, alleging that improper expenses were charged against his proportionate share of production. Loyd also sought an accounting. A jury found for Loyd. On appeal, BoMar challenges: (1) the legal and factual suff... More...   $0 (07-15-2009 - TX)

Douglas Alan Little, et al. v. KPMG, LLP, et al.

John Hudson (“Hudson”) was a partner at KPMG LLP from 1984 until 1999, practicing public accountancy in Texas. He did not, however, have the required Texas license to practice. It is alleged that KPMG LLP’s Texas license and registration were therefore improper; its participation in Texas’s publicaccountancy market, unlawful. It is further alleged that KPMG LLP managed to maintain its Texa... More...   $0 (07-10-2009 - TX)

Mike Lewis and Geri Kincannon v. Xium Corporation and Greg A. Dockery

ppellants, Mike Lewis and Geri Kincannon, appeal from a judgment rendered in favor of Appellees, Xium Corporation and Greg A. Dockery (Xium), Footnote during a bench trial of Lewis and Kincannon’s action for breach of their investment contracts with Xium. Lewis and Kincannon assert the trial court erred by: (1) failing to order an accounting; (2) entering a directed verdict at the end of their ... More...   $0 (07-08-2009 - TX)

Suzan Hughes v. Christopher Pari

An employer who sexually harasses an employee can be liable for damages under both federal law (title VII of the Civil Rights Act of 1964 (Title VII)) and California law (the Fair Employment and Housing Act (FEHA)) when the sexually harassing conduct is so pervasive or severe that it alters the conditions of employment. (See Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 283... More...   $0 (07-02-2009 - CA)

Robert Utzler v. John A. Braca, Jr., et al.

This case concerns numerous claims arising out of a contract between an investor and a builder for the construction and sale of a luxury home in Westport.

The investor has filed a multicount complaint for the return of his investment and for monetary damages because, although the home belatedly has been completed, bank foreclosures have left the property financially ‘‘under water.’â... More...
   $0 (06-23-2009 - CT)

Tropical Glass & Construction Co. v. Mark Gitlin, CPA and Ocariz, Fitlin & Zomerfeld, LLP

Tropical Glass & Construction Co. (“Tropical”) appeals from the entry of a final summary judgment entered in favor of the defendants, Mark Gitlin, (“Gitlin”), and Ocariz, Gitlin, & Zomerfeld, LLP, (“OGZ”) (collectively “Defendants”). Because we find that a genuine issue of material fact exists as to whether Defendants negligently performed monthly bank reconciliations, we reverse t... More...   $0 (06-11-2009 - FL)

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