D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r... More...   $0 (05-15-2013 - IA)

When Appellant Joan LaPlante's once-successful factoring business ran into serious financial trouble, she allegedly defrauded a number of lenders to obtain more money to help get her out of the mess. After a government investigation, indictment and five-day trial, a jury convicted LaPlante of mail fraud under 18 U.S.C. § 1341. LaPlante now appeals her conviction, challenging the district court's ... More...   $0 (05-08-2013 - NH)

24 Several individual investors appeal from Judge Crotty’s
25 dismissal of their complaint alleging securities fraud in
26 violation of Section 10(b). We dispose of this appeal by both
27 summary order and opinion. In the summary order issued
28 simultaneously with this opinion, we affirm in part and vacate
29 and remand in part with regard to most appellees. In this
30 o... More...   $0 (05-07-2013 - NY)

The defendant in this defamation case asks us to reverse the judgment and remand the case for a new trial. He argues that this result is required because the jury’s answer to the single actual-damages question was predicated on its findings that he published nine defamatory statements that he knew or should have known were false, but the evidence is legally insufficient that one of the statement... More...   $0 (05-02-2013 - TX)

Michael Cagle and Martin Lake Construction, Inc. (MLC) appeal the grant of a special appearance in favor of Timothy J. Clark, a resident of the state of New York. Because we agree with Cagle and MLC’s arguments that the trial court had specific in personam jurisdiction over Clark, we reverse the court’s judgment and remand to the trial court for further proceedings.1

I. Factual and Proc... More...   $0 (04-26-2013 - TX)

In these consolidated cases, James Royce Weaver, the Former Husband, challenges the trial court's final judgment in which it awarded his adult son, James Dalton Weaver, and the Former Wife, Elizabeth Corey, f/k/a Elizabeth Weaver, reimbursement of funds they paid toward the son's college expenses. Additionally, the

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Former Husband challenges the final judgment that awarded the F... More...   $0 (04-19-2013 - FL)

Appellant, the estate of Tyler Todd (“Todd�), challenges the trial court’s rendition of summary judgment in favor of appellee, International Bank of Commerce (“IBC�), in IBC’s suit against him for breach of a guaranty agreement

2

and attorney’s fees. In three issues, Todd contends that the trial court erred in granting IBC summary judgment.

We reverse and remand.... More...   $0 (04-18-2013 - TX)

Nancy Richard challenges the trial court’s judgment after a bench trial on her divorce from Charles Towery and the division of their community estate. In six issues, Richard contests the trial court’s denial of her motion to strike certain

2

evidence as a discovery sanction; the trial court’s characterization, valuation, and division of various assets; and the procedures employ... More...   $0 (04-18-2013 - TX)

Norman J. Harris sued Susan Marks Harris, D. Todd Riddles and Cheek, Cheek & Cheek claiming:

1. Plaintiffs, Norma J. Harris (“Norma�) and Glenn E. Harris (“Bud�) (collectively, “Plaintiffs�), are individuals. They are citizens, residents, and domiciliaries of Oklahoma County, State of Oklahoma.

2. The first Defendant, Susan Marks Harris (“Susan Harrisâ€�), is an thd... More...   $0 (04-14-2013 - OK)

When can you trust your accountant’s advice about when your taxes are due? That is the question we face today. Appellant Peter Knappe, acting as the executor of an estate, asked his accountant to apply for an extension of the deadline to file the estate-tax return from the Internal Revenue Service (“IRSâ€�). The accountant told Knappe that the deadline had been extended one year, when in fact ... More...   $0 (04-05-2013 - CA)

American Atheists, Inc. sued the Port Authority of New York and New Jersey and World Trade Center Memorial Foundation/National September 11 Memorial And Museum claiming that the display of a cross-shaped steel beam found in the World Trade Center's rubble constituted an endorsement of Christianity, diminishing the contributions of non-Christian rescuers in violation of the Constitution.
More...   $0 (03-30-2013 - NY)

Plaintiff Glen Llewellyn filed this action asserting a Fair Debt Collection Practices Act claim, a Fair Credit Reporting Act claim, and a state law outrageous conduct claim against Ocwen Loan Servicing LLC and Nomura Credit and Capital, Inc. (together, the “Ocwen Defendantsâ€�) based on their alleged credit reporting inaccuracies, and asserting an FDCPA and an outrageous conduct claim against Ca... More...   $0 (03-28-2013 - CO)

Mitsu Capote, the former wife, appeals the final judgment of dissolution of her marriage to Frank Alfonso Capote, the former husband. He cross-appeals. They

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each dispute various aspects of the trial court's equitable distribution of marital assets and debts. We affirm, in part, reverse, in part, and remand for further proceedings.

By way of background, we know that the p... More...   $0 (03-27-2013 - FL)

Defendant-Appellant Indiana Lumbermens Mutual Insurance Company (ILM) appeals from the district court’s denial of its motion for judgment as a matter of law, or in the alternative, for a new trial following a $2,261,166 jury verdict in favor of Plaintiff-Appellee Ryan Development Company, L.C., d/b/a Agriboard Industries (Agriboard). Ryan Dev. Co. v. Ind. Lumbermens Mut. Ins. Co., No. 09-1264-EF... More...   $0 (03-27-2013 - KS)

Appellant Jeffrey Wiest brought an action under the whistleblower protection provisions set forth in Section 806 of the Sarbanes-Oxley Act (“SOXâ€�), 18 U.S.C. § 1514A, and under Pennsylvania law against Appellees Tyco Electronics Corporation and several officers and directors of Tyco Electronics (collectively, “Tycoâ€�). The District Court granted Tyco‟s Motion to Dismiss the federal whist... More...   $0 (03-19-2013 - PA)

This case arises from a wrongful termination lawsuit filed by Plaintiff- Appellant Henry Lewis Patterson against Defendant-Appellants Yazoo City, Yazoo County, and Yazoo Recreation Commission. Patterson seeks reversal of the district court’s grant of summary judgment as to Yazoo County, and of its judgment based upon a jury verdict with respect to Yazoo City and Yazoo Recreation Commission. Patt... More...   $0 (03-14-2013 - MS)

David S. Band appeals the trial court's order granting in part and denying in part a motion for judgment notwithstanding the verdict and motion for new trial filed by Harold L. Libby and Libby St. John, L.L.C. (collectively, the Libby parties). Mr. Band

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also challenges the trial court's denial of his motion for directed verdict on several grounds. The Libby parties cross-ap... More...   $0 (03-13-2013 - FL)

Patricia Moore-King ("Moore-King") challenges the application of regulations enacted by the County of Chesterfield, Virginia (the "County") affecting fortune tellers on various grounds. For the reasons that follow, we affirm the district court’s grant of summary judgment in favor of the County.

I.

A.

The parties do not dispute the relevant facts. The Chesterfield County Code... More...   $0 (02-26-2013 - VA)

¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶2 Jeffery Bain appeals from t... More...   $0 (02-19-2013 - MT)

This lawsuit concerns the breakup of a medical practice group. Although the group involved several related business entities, appellant Harmohinder S. Bhatia sued his former partners regarding his interest in just one of the entities, Northwest Houston Cardiovascular Imaging Center II, Ltd. (Imaging Center). At the conclusion of trial, a jury found that no party was liable for any damages to any o... More...   $0 (02-14-2013 - TX)

These appeals call to mind that the law normally ministers to the vigilant, not to those who sleep upon perceptible rights. The tale follows.

These appeals trace their genesis to a suit brought by a Massachusetts corporation and its principals, citizens of Massachusetts, against their quondam accountant and his firm. Their complaint alleged that the defendants negligently advised ... More...   $0 (02-01-2013 - MA)

Plaintiff Brian McVeigh appeals following the grant of summary judgment in favor of his former employer Recology San Francisco.1 Recology provides waste collection, recycling and disposal services to San Francisco residents and businesses. McVeigh‘s complaint alleged that Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments ma... More...   $0 (01-31-2013 - CA)

Toyota Motor Corporation and Toyota Motor Sales, U.S.A., Inc. (collectively “Toyotaâ€� or “Defendantsâ€�) seek review of the district court’s denial of their motion to compel arbitration. The district court held that Toyota, a nonsignatory to several agreements with arbitration provisions between Plaintiffs and various Toyota dealerships (hereinafter “Dealershipsâ€�), could not compel Plai... More...   $0 (01-30-2013 - CA)

Chesapeake Exploration, LLC and Arcadia Resources, L.P. sued Unit Petroleum Company on breach of contract theories claiming:

I. Chesapeake Exploration, L.L.C. (“Chesapeake�) is a limited liability company organized under the laws of the State of Oklahoma, having its principal place of business in the State of Oklahoma.

2. Arcadia Resources, L.P. (“Arcadiaâ€�) is a limited partn... More...   $1 (01-18-2013 - OK)

A claim of tortious interference with prospective advantage—also referred to as tortious interference with prospective economic advantage, tortious interference with business expectancy, wrongful interference with business relations or relationships, tortious interference with prospective contractual relations or relationships, and wrongful interference with prospective contractual relations or ... More...   $0 (01-16-2013 - MN)