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Attachment Law
 
Series AGI West Linn v. Robert Eves

Robert Eves appeals from the Judicial Council form AT-120 Right to Attach Order and Order for Issuance of Writ of Attachment. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the proceeds from the sale of that asset still exc... More...   $0 (06-14-2013 - CA)

State of Iowa v. Dean Martin Leow

The defendant, Dean Loew, appeals his conviction for two counts of possession of a controlled substance (second offense) in violation of Iowa Code section 124.401(5) (2011). He argues trial counsel was ineffective in failing to file a motion in arrest of judgment, allowing him to involuntarily plead guilty, and failing to cross-examine the four corners of the application for the search warrant and... More...   $0 (06-12-2013 - IA)

Mehdi Ali v. Federal Insurance Company

This insurance case raises two issues. First, we consider our appellate jurisdiction. Although we usually may not review voluntary dismissals of claims or denials of motions for summary judgment, this case presents the unusual situation in which we are asked to review the voluntary

3

dismissal of a claim following the denial of a motion for summary judgment. Our review is appropriate... More...
   $0 (06-04-2013 - NY)

Jaqueline Hillman v. Judy A.Maretta

The Federal Employees’ Group Life Insurance Act of 1954 (FEGLIA)establishes an insurance program for federal employees. FEGLIA permits an employee to name a beneficiary of life insurance proceeds, and specifies an “order of precedence” providing that an employee’s death benefits accrue first to that beneficiary ahead of other potential recipients. 5 U. S. C. §8705(a). A Virginia statute r... More...   $0 (06-03-2013 - DC)

Debbie Courtney v. Oklahoma Department of Corrections

Debbie Courtney sued the Oklahoma Department of Corrections for discriminating against her in violation of 42 U.S.C. 2000e and for retaliating against her when she complained:

The claims made and defenses asserted by the parties are not available.

Court Minutes entered by the Court during the month of May:

05/02/2013 45 ORDER...defendant's motion for summary judgment 29... More...
   $176000 (06-01-2013 - OK)

Shaum v. Cunningham Grain, Inc.

Carl Shaum sued Cunningham Grain, Inc. and ADM Alliance Nutrition, Inc. on personal injury negligence theories.

The claims made and defenses asserted are not available.

__________________________________

Court Minutes from May, 2013:

05/02/2013 105 DESIGNATION OF DEPOSITION TESTIMONY by Carl Shaum of Todd Young. (Stein, Sam) (Entered: 05/02/2013)

05/02/2013 106 ... More...
   $600000 (06-01-2013 - OK)

Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court’s judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, “the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

2

Subdivision, Grimes County, Texas, conveyed three... More...
   $0 (05-30-2013 - TX)

Voltaix, LLC v. John Ajongwen

In this interlocutory appeal, Voltaix, LLC appeals the trial court’s order granting the special appearance of John Ajongwen. In two issues, Voltaix contends Ajongwen failed to carry his burden to negate all bases for personal jurisdiction alleged in the petition and the facts demonstrate that Texas may exercise specific jurisdiction over Ajongwen. We conclude that Ajongwen’s single trip to Tex... More...   $0 (05-30-2013 - TX)

Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court’s judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, “the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

2 Subdivision, Grimes County, Texas, conveyed three ... More...
   $0 (05-30-2013 - TX)

State of Illinois v. Ronald Stolberg

The State of Illinois charged Ronald Stolberg, age 49, with first-degree murder in conjunction with the death of his wife who he held to the floor until she stopped breathing in the early morning hours of June 8, 2011 in their townhouse in Vernon Hills, Illinois.

Prosecutors Jim Newman and Scott Hoffert argued that Stolberg became so irritated, sleep-deprived and frustrated with his menta... More...
   $0 (05-28-2013 - IL)

Donna Luann Lovett v. Mikael Bruce Kagan

Donna Luann Lovett sued Mikael Bruce Kagan on an auto negligence theory claiming to have been injured and/or damaged in a car wreck caused by Kagan.

The specifics of the claims made and defenses asserted are not available.

Ending Court Minutes:

04/29/2013 8 OPINION AND ORDER by Chief Judge Gregory K Frizzell ; granting 6 Motion to Dismiss for Lack of Jurisdiction; grant... More...
   $0 (05-27-2013 - OK)

United States of America v. Peter J. Ajemian

The United States of America charged Dr. Peter J. Ajemian, age 64, and others with multiple counts of conspiracy to commit health care and mail fraud and conspiracy to defraud a United States agency in violation of 18 U.S.C. 1349 and healthcare fraud in violation of 18 U.S.C. 287; 18 U.S.C. 1347; mail fraud in violation of 18 U.S.C. 1341; fraud by wire, radio or television in violation of 18 U.S.C... More...   $0 (05-26-2013 - NY)

Tara Woods, SPE, LLC v. Louella Cashin

Tara Woods SPE, LLC, appeals the final judgment and supplemental final judgment entered in favor of Louella Cashin. Collectively, the judgments interpret provisions of Florida's Mobile Home Act, chapter 723, Florida Statutes (2007), and permit Ms. Cashin to rescind her lease contract. Presented with an issue of first

- 2 -

impression, we must determine whether Tara Woods SPE, LLC (Ta... More...
   $0 (05-24-2013 - FL)

Jacqueline Goldberg v. 401 North Wabash Venture LLC, et al.

Jacqueline Goldberg sued 401 North Wabash Venture LLC, Trump Chicago Managing Member LLC, Donald Trump on breach of contract and fraud theories claiming that Trump did not perform on a promise to share the profits on a luxury hotel and condominium development in which she invested by buying two units in the project in 2006. She claimed to have lost $500,000 sought much more in damages from Mr. Tr... More...   $0 (05-24-2013 - IL)

Otoe-Missouria Tribe of Oklahoma v. Dirk Kempthorne

The Otoe-Missouria Tribe of Oklahoma sued the United States Secretary of the Interior, Dirk Kempthorne, on an Indian Tribal Controversy under 28 U.S.C. 1362 which provides:

The district courts shall have original jurisdiction
of all civil actions, brought by any Indian
tribe or band with a governing body duly
recognized by the Secretary of the Interior,
wherein the matter ... More...
   $0 (05-22-2013 - )

Miguel Angel Pappolla v. Marcia Julieta Simovich

Appellant Miguel Angel Pappolla agreed to pay contractual alimony to appellee Marcia Julieta Simovich as part of a divorce settlement. When Pappolla failed to make payments required under the agreement, Simovich filed a petition seeking acceleration and payment of the remaining obligation. The trial court granted Simovich’s petition and signed a wage withholding order. In two issues, Pappolla co... More...   $0 (05-21-2013 - TX)

Steve Perry v. AMTRAK

Steve Perry sued AMTRAK on a Federal Employer's Liability Act theory claiming to have been injured and/or harmed during his employment with defendant as a result of some negligent act, error or omission on the part of the Defendant.

Court minutes:

04/19/2013 93 MOTION for Leave to File Trial Brief by AMTRAK. (Fields, Jeffrey) (Entered: 04/19/2013)

04/22/2013 94 ORDER g... More...
   $365000 (05-17-2013 - OK)

Adam Hofmann v. Marina Abigail Sender

Petitioner-Appellee initiated proceedings pursuant to Article 3 of the Hague Convention on Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11, 679, 1343 U.N.T.S. 89, reprinted in 51 Fed. Reg. 10, 494 (Mar. 26, 1986) (“Hague Convention” or “Convention”), implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq. (2000), whic... More...   $0 (05-14-2013 - NY)

Joann Phillips v. Metropolitan Life Insurance Company

JoAnn Phillips appeals from a summary judgment rendered in favor of Metropolitan Life Insurance Company and The Verizon Employee Benefits Committee (VEBC) on her claim that MetLife, acting on behalf of VEBC, improperly withheld long-term disability benefits to which she was entitled. We affirm.

I. BACKGROUND

During her employment as a benefit specialist with a subsidiary of Verizon C... More...
   $0 (05-10-2013 - TX)

June Morris v. Farmers Alliance Mutual Insurance Company

June Morris and Laruie Willis sued Farmers Alliance Mutual Insurance Company on a bad faith breach of insurance contract.

The claims made and defenses asserted are not available.

Court Minutes:

02/04/2013 91 JUDGMENT; Dft is entitled to judgment as a matter of law, as more fully set out. Signed by Honorable David L. Russell on 2/4/13. (jw, ) (Entered: 02/04/2013)

02/19... More...
   $0 (05-07-2013 - OK)

Kimberly N. Squires v. Breckenridge Outdoor Education Center

Plaintiff Kimberly Squires filed this diversity action against Defendant Breckenridge Outdoor Education Center asserting claims for negligence and gross negligence following a ski accident in which she was injured. The magistrate judge granted Defendant’s motion for summary judgment in part, concluding Plaintiff’s mother, Sara Squires, had validly released any claim for negligence against Defe... More...   $0 (05-07-2013 - CO)

Deutsche Bank Trust Company, N.A. aka Deutsche Bank National Trust Company v. Kenneth W. Hall

Kenneth W. Hall and Roberta Hall brought suit against Deutsche Bank Trust Company, N.A. a/k/a Deutsche Bank National Trust Company (Deutsche), the lienholder of the home equity loan secured by their property. Among other things, the Halls claimed that the original lender from whom Deutsche had been assigned the Halls’ note and lien had not followed the procedures required by the Texas Constituti... More...   $0 (05-06-2013 - TX)

C.V. v. Texas Department of Family and Protective Services

This is an appeal from a judgment terminating a mother’s parental rights to her six children. The Texas Department of Family and Protective Services (TDFPS) sought termination of both the mother’s and the father’s parental rights. After a bench trial, the court found TDFPS presented clear and convincing evidence establishing that Appellant: knowingly placed or knowingly allowed the [children... More...   $0 (04-30-2013 - TX)

Michael Cagle and Martin Lake Construction, Inc. v. Timothy J. Clark

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)

United States of America v. Godwin Onyeabor, et al.

United States of America charged Godwin Onyeabor, age 49, Sri J. Wijegunaratne, age 58, and Heidi Morishita, age 48, with medicare fraud claiming that Onyeabor, an officer in Fendih Medical Supply, Inc. in San Bernardino paid kickback to Wijegunaratne and Morishita between 2007 and 2012 in which prescriptions were billed to Medicare in the amount of $1.5 million for false or fraudulent claims. M... More...   $0 (04-26-2013 - CA)

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