Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (“AEGON”), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ... More...   $0 (11-03-2009 - IA)

Appellant Joy R. Webster, in her capacity as bankruptcy trustee, filed suit against Respondents Otwo I, Inc., et al. (collectively “Otwo”), alleging that Otwo was liable for injuries sustained by Patrick M. Kronin while at work. The circuit court dismissed Webster‟s petition as time barred. We affirm. Factual

Background

Patrick and Lynn Kronin initially filed suit against Otwo... More...   $0 (10-28-2009 - MO)

Louis and Brenda Marks appeal from the district court’s orders granting summary judgment to Defendants in the Marks’ suit alleging statutory and tort violations in connection with a foreclosure on their home. The Marks also challenge several preliminary orders by the district court. Finding no error, we affirm. I.

... More...   $0 (10-23-2009 - VA)

This case arises from two transactions in which WahlcoMetroflex, Inc. ("WMI" or "the company") issued equity shares as compensation for agreements made by most of its shareholders to guaranty personally loans made to WMI. Alexander Baldwin, one of seven shareholders and founders of WMI, filed suit alleging that WMI's directors breached their fiduciary duties to him by issuing the two sets of shar... More...   $0 (10-22-2009 - ME)

Ted and Mary Bissette (the “Bissettes”) appeal from orders: (1) granting plaintiffs’ and third-party defendants’ summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys’ fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.

FACTS

Moss Creek is a single-family residential... More...   $0 (10-20-2009 - NC)

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)

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)

This case presents the question of whether a tenant‟s leasehold interest in property survives a land contract vendee‟s forfeiture when the tenant is not made a party to the forfeiture action and the vendor has actual knowledge that the tenant is in possession of the property. We conclude that in this case the tenant‟s leasehold interest survives.

Facts and Procedural History

On... More...   $0 (10-15-2009 - IN)

Appellant First American Bank (First American or Bank) appeals a grant of summary judgment in favor of appellee First American Transportation Title Insurance Co. (FATTIC). The district court ruled that the measure of indemnity under First American’s insurance policy is limited to the amount by which the payments to the holders of the priming liens for necessaries reduced First American’s recov... More...   $0 (10-15-2009 - LA)

This appeal is from a judgment entered by the Circuit Court for Prince George’s County against Ahmed M. Ali, appellant, and in favor of CIT Technology Financing Services, Inc., appellee, in the amount of $190,725.85 in damages and $21,977.95 in prejudgment interest. Appellant contends that the trial court should have dismissed the suit because it was barred by the applicable statute of limitatio... More...   $0 (10-05-2009 - MD)

Plaintiff travel agencies appeal the district court’s dismissal of their Amended Complaint for failure to state a claim under § 1 of the Sherman Antitrust Act. Plaintiffs allege that defendants conspired to reduce, cap, and eventually eliminate the payment of base commissions in a concerted effort to drive plaintiffs out of business in violation of 15 U.S.C. § 1. We affirm. In doing so, we hol... More...   $0 (10-02-2009 - OH)

This suit was brought by former clients, Bob Chambers and 182 others (“appellants”), against John O’Quinn, John M. O’Quinn, P.C., and John M. O’Quinn D/B/A O’Quinn & Laminack (“appellees”), for legal malpractice. Appellants appeal from the trial court’s orders dismissing their suit for want of prosecution and overruling their motion for reinstatement and new trial. In t... More...   $0 (10-02-2009 - TX)

In this defamation suit, appellants, Patricia Vice and Kathie Slotter, bring an interlocutory appeal challenging the trial court's order that denied their summary judgment motion in favor of the appellees, Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak. In nine issues, Vice and Slotter argue that the trial court erred in denying summary judgment on three publications because (... More...   $0 (10-01-2009 - TX)

American Family Mutual Insurance Company appeals the circuit court's judgment in garnishment in favor of Chrystal Lunde arising from a default judgment. American Family contends that the circuit court erred in: (1) finding that Carol Scardacci's bankruptcy filing had no effect on the default judgment, and (2) finding that the insurance policy required American Family to pay post-judgment interest.... More...   $0 (09-29-2009 - MO)

Plaintiff appeals from a superior court order granting summary judgment to defendant Michael Cline on plaintiff’s claims that he is not personally liable to her for acts of discrimination and retaliation under the Vermont Fair Employment Practices Act (VFEPA) and the Workers’ Compensation Act (WCA). The central issues on appeal are whether the acts provide a right of action against a coemploy... More...   $0 (09-25-2009 - VT)

Plaintiffs won a %55.4 million jury verdict against Chrysler Corporation in the Superior Court of Los Angeles County on a products liability theory. Chrysler appealed and posted an $81 million appeal bond provided by Safeco Insurance Company. While the appeal was pending Chrysler filed for reorganization under Chapter 11 in the Southern District Bankruptcy Court in New York.

In 2007 a ... More...   $24000000 (09-25-2009 - NY)

¶ 1 Appellant Amanda E. Pusl appeals from the February 28, 2008 judgment in her favor in the amount of $25,000, entered in the Court of Common Pleas of Jefferson County.1 Upon review, we affirm.

¶ 2 The factual and procedural history of this appeal is as follows. Appellant was injured in a two-vehicle accident on April 26, 2002. The other vehicle involved in the accident was owned by Appe... More...   $0 (09-23-2009 - PA)

AsymmetRx, Inc. (“AsymmetRx”) appeals from the final judgment of the United States District Court for the District of Massachusetts granting summary judgment in favor of Biocare Medical, LLC (“Biocare”). AsymmetRx, Inc. v. Biocare Med. LLC, 578 F. Supp. 2d 333 (D. Mass. 2008). Because we conclude that AsymmetRx does not have statutory standing to pursue this action absent the participation... More...   $0 (09-22-2009 - MA)

Donaldson Company, Inc., a nonsignatory, seeks to compel arbitration against Burroughs Diesel, Inc., a signatory to an agreement with an arbitration clause. The district court ordered arbitration. Burroughs appeals. Jurisdiction being proper under 28 U.S.C. § 1291, this court reverses and remands.1

I.

In 1999, Burroughs signed a Dealer Full Service Agreement with Western Star Truck ... More...   $0 (09-16-2009 - MO)

Sherri Porter appeals from the trial court‟s judgment denying her Rule 74.06(b) motion, which sought relief from what Porter contended was a void judgment. The trial court held that Porter was precluded from reasserting the issues raised in her current motion, because she had raised the same issues in an earlier motion, lost, and appealed, but failed to prosecute her appeal from the earlier adve... More...   $0 (09-15-2009 - MO)

We granted en banc rehearing to reconsider our precedent concerning the scope and application of federally mandated insurance for interstate commercial motor carriers. See Carolina Cas. Ins. Co. v. Yeates, 533 F.3d 1202 (10th Cir. 2008) (applying Empire Fire & Marine Ins. Co. v. Guar. Nat’l Ins. Co., 868 F.2d 357 (10th Cir. 1989)). Federal regulations require interstate trucking companies to mai... More...   $0 (09-13-2009 - UT)

This appeal raises the issue of whether a guarantor to a loan may be held liable for attorney fees incurred by the lender in defending a usury action brought by the borrowers. We have previously held that a guarantor’s obligation to a lender under a guaranty agreement should be strictly construed and will not require a guarantor to be responsible for obligations beyond those specified in the gu... More...   $0 (09-09-2009 - NV)

Raymond Geiger appeals the grant of summary judgment to Tower Automotive (“Tower”) on his employment discrimination claims pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(a) and Michigan’s Elliott-Larsen Civil Rights Act (“ELCRA”), Mich. Comp. Laws §§ 37.2202 et seq. The United States District Court for the Eastern District of Michigan found that Gei... More...   $0 (09-09-2009 - MI)

Hensley Manufacturing, Inc. (“Hensley Manufacturing”) and ProPride, Inc., (“ProPride”) both manufacture and sell trailer hitches for “RVers” everywhere. And, more importantly, both companies manufacture and sell trailer hitches designed by the same man: James Hensley (also known as “Jim Hensley”). Hensley Manufacturing claims that ProPride’s use of Jim Hensley’s name in its adv... More...   $0 (09-09-2009 - )

Richard Neiswonger (Neiswonger) appeals the district court’s1 entry of a civil contempt order against Neiswonger for Neiswonger’s violations of a prior permanent injunction, enjoining him from using deceptive and misleading sales practices. Neiswonger claims the district court erred in denying Neiswonger’s motion for a separate hearing on the issues of damages and disgorgement of profits and... More...   $0 (09-09-2009 - MO)