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Bankruptcy Law
 
SPILLER MCPROUD V. CHARLES SILLER Ninth Circuit Court of Appeals - San Francisco, California

We address the bankruptcy code’s provision on claims for
pre-petition attorneys’ fees, 11 U.S.C. § 502(b)(4).
FACTS
Charles Siller has been litigating with his brothers over
his interest in the family business since 1982. The family
business, Siller Brothers, Inc., held among its assets some 500
pieces of real estate, and Siller owned 40% of the stock. By
2001, Siller B... More...
   $0 (09-15-2017 - CA)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate
1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael.
2
attorney’s fees, require Mic... More...
   $0 (09-15-2017 - TX)

Debra A. Roth v. Anice M. Plikaytis

Defendant Anice Plikaytis appeals from an order awarding her attorneys' fees in a
breach of contract action brought by plaintiff Debra Roth. In the published portion of the
opinion, we agree with Plikaytis's contention that the trial court erred when it declined to
consider previously filed documents she incorporated by reference as part of her motion.

* Pursuant to California... More...
   $0 (09-14-2017 - CA)

United States of America v. Scott Thompson, d/b/a as Isosceles, L.L.C. Federal Courthouse - Pierre, South Dakota

Sioux Falls, SC - Court Orders Hermosa Man to Pay $222,362.11 for Defrauding the National Science Foundation

National Science Foundation (“NSF”) is a United States agency created to support basic scientific research by providing grants, to individuals, businesses, academic and nonprofit institutions. Scott Thompson, d/b/a as Isosceles, LLC., submitted a grant proposal to study solar cells... More...
   $222362 (09-07-2017 - SD)

Greg Wambolt, Metis, LLC, Trilogy Financial Group, Inc. v. Alan Ross

Tulsa, OK - Greg Wambolt, Metis, LLC, Trilogy Financial Group, Inc. v. Alan Ross

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: WAMBOLT, GREG
Filed Date: 07/30/2015
Party Name Disposition Information
Defendant: AUER LAW FIRM PLC Disposed: BANKRUPTCY FILED, 11/05/2015. Dismissed- Transferred to Another Jurisdiction
Defendant: AUER, DAVID ... More...
   $0 (09-06-2017 - OK)

Gregory D. Hawk v. Eva S. Engelhart Fifth Circuit Court of Appeals - New Orleans, Louisiana

After filing for Chapter 7 bankruptcy, the Hawks claimed an exemption for funds held in an individual retirement account (“IRA”). They sought to exempt the funds from the bankruptcy estate because tax-exempt or tax-deferred assets held in a qualifying retirement account are generally exempt from creditors’ claims under Texas law. However, over the course of several months, the Hawks withdrew the f... More...   $0 (09-06-2017 - TX)

United States of America v. Merrill Robertson, Jr. Federal Courthouse - Richmond, Virginia

Richmond, VA - Former UVA Football Player Convicted of $10 Million Fraud

A federal jury convicted a former University of Virginia football player on August 24, 2017 of his role in a $10 million fraud scheme.

According to court records and evidence presented at trial, Merrill Robertson, Jr., 36, of Chesterfield, started Cavalier Union Investments, LLC, and Black Bull Wealth manage... More...
   $0 (09-04-2017 - VA)

Mick Dorsey v. United States Department of Education, et al. Fifth Circuit Court of Appeals - New Orleans, Louisiana

Debtor-Appellant Mick Dorsey appeals the district court’s determination that it lacked jurisdiction to consider Dorsey’s appeal of the bankruptcy court’s decision in Dorsey’s adversary proceeding. Dorsey also appeals the bankruptcy court’s decision to reopen his main bankruptcy proceeding to allow the United States Department of Education (“DOE”) and Educational Credit Management Corporation (“ECM... More...   $0 (09-01-2017 - LA)

Sunshire Heifers, L.L.C. v. Citizens First Bank

On August 14, 2014, a panel of this court
held that Citizens First Bank (“Citizens First” or “CFB”) failed to demonstrate that the “Dairy
Cow Leases” it had with farmer Lee Purdy (“Debtor”) were actually security agreements in
disguise. Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy), 763 F.3d 513, 521 (6th Cir.
2014). The case was subsequently remanded to the United Sta... More...
   $0 (08-31-2017 - KY)

United States of America v. Black Elk Energy Offshore Operations, LLC Federal Courthouse - New Orleans, Louisiana

New Orleans, LA - Black Elk Energy Offshore Operations LLC. Convicted of Worker Safety and Clean Water Act Violations in Connection to Offshore Explosion

Black Elk Energy Offshore Operations LLC (BEE), a privately held limited liability company headquartered in Houston, Texas, was sentenced on August 31, 2017 on eight felony violations of the Outer Continental Shelf Lands Act (OCSLA) and ... More...
   $0 (08-31-2017 - LA)

Paulo Rezende v. Ocwen Loan Servicing, LLC; US Bank, N.A. Federal Courthouse - Boston, Massachusetts

In August 2005, Paulo Rezende
took out two loans from Aegis Funding Corporation ("Aegis") to
refinance his mortgage on property in Everett, Massachusetts.
Rezende executed mortgages identifying Mortgage Electronic
Registration Systems, Inc. ("MERS") as the mortgagee, "solely as
nominee" for Aegis and its successors and assigns. In June 2010,
MERS assigned one of the mortgag... More...
   $0 (08-31-2017 - MA)

Tajie Major v. R.J. Reynolds Tobacco Company

William E. Major smoked two packs of cigarettes a day, on
average, from 1961 to 1989. He was diagnosed with lung cancer
in 1997, and died a year later. His wife, plaintiff Tajie Major,
brought suit against several manufacturers of cigarettes Major
had smoked, as well as manufacturers of asbestos to which he
had been exposed, alleging that Major’s smoking and his asbestos
ex... More...
   $0 (08-31-2017 - CA)

Joseph Tomlinson v. Douglas Knight Construction, Inc. Utah Supreme Court of Utah - Salt Lake City, Utah

¶ 1 Utah Code section 78B-4-513(1) provides that “an action for defective design or construction is limited to” an action for “breach of . . . contract, whether written or otherwise, including both express and implied warranties.” The statute also states that such a claim may be brought only by a person who is “in privity of contract with the original contractor” or by a person with a right to sue... More...   $0 (08-30-2017 - UT)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-26-2017 - CA)

Xavier Laurens and Khadija Laurens v. Volvo Cars of North America, LLC and Volvo Cars USA, LLC

The idea of a theme and variations is a
common one in music. It should be in law, too. Here we return
to the familiar theme of a defense effort to pretermit a proposed
class action by picking off the named plaintiff’s claim.
Several variations on that theme have been tried and have
failed. See Campbell‐Ewald Co. v. Gomez, 136 S. Ct. 663 (2016)
2 No. 16‐3829
... More...
   $0 (08-25-2017 - IL)

Caroline H. Martinez, Individually and Trustee of The Caroline H. Martinez Revocable Living Trust v. Robert Martinez

This case involves a dispute between siblings, Appellant Caroline H. Martinez (“Caroline”) and Appellee Robert Martinez (“Bob”), over ownership of certain real property. After a bench trial, the trial court entered a judgment in favor of Bob. In five issues, Caroline appeals the trial court’s judgment.
Martinez v. Martinez Page 2
Background
Chon and Elizabeth Martinez, Caroline’s and B... More...
   $0 (08-24-2017 - TX)

Felipe Gonazlez, et al v. UniversalPegasus International, Inc., et al. Fourteenth District Court of Appeals Courthouse - Houston, Texas

This case involves minority shareholders in a Delaware corporation who
claim that the corporation and its board of directors sought to divest them of their
shares through an attempted restructuring of the company. The minority
shareholders appeal from a summary judgment against them on their claims of
breach of contract, breach of fiduciary duty, and violations of the Texas Securit... More...
   $0 (08-24-2017 - TX)

United States of America v. Stephen Lester Greer Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Muskogee, OK - Broken Arrow Man Pleads Guilty To Witness Tampering - VA Psychiatrist Had Inappropriate Sexual Contact With Patient, Coached Her To Lie To Investigators

Tulsa criminal defense lawyer Martin Hart represented Stephen Lester Greer, age 57, of Broken Arrow, Oklahoma who was arraig... More...
   $0 (08-24-2017 - OK)

United States of America v. Geraldo Colon Southern District of Indiana Federal Courthouse - Indianapolis, Indiana

Indianapolis, IN - “Family ties” ring leader sentenced in federal court

Sold hundreds of kilograms of heroin and cocaine in Indianapolis area

An Indianapolis man was sentenced to 360 months (30 years) imprisonment for his role in selling large quantities of narcotics in Indianapolis neighborhoods. Geraldo Colon, 48, was sentenced by U.S. District Judge Jane Magnus-Stinson after b... More...
   $0 (08-23-2017 - IN)

Josh Norris v. Karry Causey Fifth Circuit Court of Appeals - New Orleans, Louisiana

This is yet another case that has its roots in the devastation Hurricane Katrina wreaked on New Orleans. Resilient as the city is, it swiftly began to rebuild. That effort presented attractive opportunities for investors and developers looking to turn a profit. This case involves one such opportunity that went sour.
This lawsuit that followed resulted in a bench trial. One of the defendants ap... More...
   $0 (08-22-2017 - LA)

Jessica Parker Valentine and Bryan L. Parker v. Interactive Brokers LLC

Appellants, Jessica Parker Valentine and Bryan L. Parker (the “Parkers”), challenge the trial court’s order granting the motion of appellee, Interactive Brokers LLC (“IB”), to vacate an arbitration award. In two issues, the Parkers contend that the trial court erred in vacating the award.
2
We affirm.
Background
In their Second Amended Statement of Claim, the Parkers, pursuant to t... More...
   $0 (08-22-2017 - TX)

United States of America v. John T. Rudnick Federal Courthouse - Cheyenne, Wyoming

Cheyenne, WY - John T. Rudnick, 63, of Indianapolis, Indiana, was sentenced by Chief Magistrate Judge Kelly H. Rankin on August 16, 2017, for contempt of court. Mr. Rudnick intentionally provided misleading and inaccurate information to questions during a deposition in a bankruptcy case and his misbehavior obstructed the administration of justice. This case was investigated by the Internal Revenu... More...   $0 (08-20-2017 - WY)

Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin... More...
   $0 (08-15-2017 - TX)

National Credit Union Administration Board v. Stan Jurcevic

The National Credit Union Administration Board accused Stan and Bara Jurcevic and their privately owned company, Stack Container Service, of fraudulently obtaining loans from St. Paul Croatian Federal Credit Union. In response, the district court enjoined Stan Jurcevic from disposing of all of his assets, save living expenses, before the trial over these allegations. It also dismissed the Board’s ... More...   $0 (08-11-2017 - OH)

M&M Joint Venture AND Ledford E. White and Ledford E. White, P.C. v. Gwendolyn Gene Layton and Troylynn Ann Layton

Appellees Gwendolyn Gene Layton (Gwen) and Troylynn Ann Layton, husband and wife, sued appellants Ledford E. White and Ledford E. White, P.C. (White P.C.) (collectively the White Appellants) and appellant M&M Joint Venture
1See Tex. R. App. P. 47.4.
2
when they were not repaid funds they had provided, at White’s suggestion, to White’s friends. After a jury trial, the trial court render... More...
   $0 (08-10-2017 - TX)

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