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Compromise and Settlement Law
 
United States of America v. The University of North Texas Health Science Center (UNTHSC) Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - University of North Texas Health Science Center to Pay $13 Million to Settle Claims Related to Federal Grants

The University of North Texas Health Science Center (UNTHSC) has agreed to pay the United States $13,073,000.00 to settle claims that it inaccurately measured, tracked and paid researchers for effort spent on certain NIH-sponsored research grants.

UNTHSC is a... More...
   $0 (02-25-2018 - TX)

Phillip J. Singer v. Kenneth Reali, et al. Federal Courthouse - Wilmington, North Carolina

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof —defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and Michael Luetkemeyer (collectively, the “Officers”) — in connection with TranS1’s A... More...   $0 (02-24-2018 - NC)

Ralph Hanvey v. Peter Romero District of Maryland Federal Courthouse - Baltimore, Maryland

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...   $0 (02-24-2018 - MD)

United States of America v. Damian Phillips Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

In this civil forfeiture case, the United States claims that $200,000 in cash discovered in a storage unit leased by Byron Phillips is subject to forfeiture because the cash is connected to the “exchange [of] a controlled substance.” See 21 U.S.C. § 881(a)(6). Damian Phillips, Byron’s brother, seeks to intervene, contending that the money is his life savings and has nothing to do with drugs. The d... More...   $0 (02-24-2018 - NC)

Loretta T. Elliott v. American States Insurance Company Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

Loretta Elliott filed this claim against her insurance company, American States Insurance Company (“ASIC”), alleging that its conduct in handling her insurance claim constitutes an unfair claims settlement practice in violation of N.C. Gen. Stat. § 58-63-15(11), and, as a matter of law, an unfair and deceptive trade practice in violation of N.C. Gen. Stat. § 75-1.1. On appeal, Elliott asserts that... More...   $0 (02-24-2018 - NC)

Marjo Alberto Lopez Garza v. Citigroup, Inc. District of Delaware Federal Courthouse - Wilmington, Deleware

Under Federal Rule of Civil Procedure 41(d), a district court may order a plaintiff who voluntarily dismisses an action
3
and files a second action against the same defendant based upon a claim asserted in the first action to pay the “costs” incurred by the defendant in the first action. The issue presented (one of first impression in this Court) is whether a district court may award attor... More...
   $0 (02-23-2018 - DE)

Michelle Tatis v. Allied Interstate, LLC District of New Jersey Federal Courthouses

This appeal arises under the Fair Debt Collection Practices Act (FDCPA or Act). The question presented is whether a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could violate the Act’s general prohibition against “any false, deceptive, or misleading representation or means in connection with the collection of any... More...   $0 (02-23-2018 - NJ)

Medical Recovery Services, LLC v. Robert Lopez Idaho Supreme Court - Boise, Idaho

Medical Recovery Services, LLC (“MRS”) appeals a district court’s judgment denying its request for postjudgment attorney fees on an appeal. The dispute arose after MRS attempted to collect a debt owed by Robert Lopez (“Lopez”). The magistrate court entered a default judgment and awarded attorney fees to MRS. MRS continued to incur attorney fees while attempting to collect on the default judgment a... More...   $0 (02-19-2018 - ID)

Mike Hernandez, Francesca Muller v. Restoration Hardware, Inc.

Under Code of Civil Procedure1 section 902, “[a]ny party aggrieved” may
appeal a judgment. “It is generally held, however, that only parties of record may
appeal; consequently one who is denied the right to intervene in an action
ordinarily may not appeal from a judgment subsequently entered in the case.
[Citations.] Instead, he may appeal from the order denying intervention.” (Cou... More...
   $0 (02-18-2018 - )

United States of America v. City and County of Honolulu Federal Courthouse - Honolulu, Hawaii

Honolulu, HI - Justice Department Reaches Settlement with the City and County of Honolulu and All Island Automotive Towing for Illegally Auctioning Servicemembers’ Cars

The Justice Department today announced it has reached an agreement with the City and County of Honolulu, Hawaii (Honolulu or the City) and its contracted towing company, All Island Automotive Towing (All Island Towing), to... More...
   $0 (02-16-2018 - HI)

John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re... More...
   $0 (02-16-2018 - OH)

Victor Egly v. Farmers Insurance Exchange a/k/a Farmers Insurance Travis County Courthouse - Austin, Texas

Victor Egly appeals from the trial court’s grant of summary judgment in favor of
Farmers Insurance Exchange a/k/a Farmers Insurance (Farmers). In two issues, Egly contends that
the trial court erred in granting summary judgment because Farmers did not establish as a matter of
law that it had no duty to defend a suit brought by Egly against the driver of a vehicle insured by
Farmers... More...
   $0 (02-15-2018 - TX)

Jon R. Deutsch v. Annis Enterprises, Inc. Western District of Texas Federal Courthouse - Austin, Texas

This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. Feb. 2, 2018) (per curiam) (unpublished). Here, as there, Jon Deutsch appeals the dismissal, for want of Article III standing, of his claims under the Americans with Disabilities Act (“ADA”). And here, as there, Deutsch appeals (1) the contempt order of the magistrate judge (... More...   $0 (02-15-2018 - TX)

Carol Sue Campbell; Chris Rene Wilson, et al. v. Boston Scientific Corporation Southern District of West Virginia Federal Courthouse - Charleston, West Virginia

This case involves a consolidated trial of four products liability cases that are each part of a multidistrict litigation encompassing over twenty-five thousand total cases. The jury returned verdicts for the plaintiffs, awarding over $4 million to each. Defendant Boston Scientific Corporation asserts that the consolidation itself rendered the trial unfair, disputes two evidentiary rulings, claims... More...   $0 (02-14-2018 - WV)

BMG Rights Management (US) LLC v. Cox Communications, Inc., et al. Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

BMG Rights Management (US) LLC (“BMG”), which owns copyrights in musical compositions, filed this suit alleging copyright infringement against Cox Communications, Inc. and CoxCom, LLC (collectively, “Cox”), providers of high-speed Internet access. BMG seeks to hold Cox contributorily liable for infringement of BMG’s copyrights by subscribers to Cox’s Internet service. Following extensive discovery... More...   $0 (02-14-2018 - VA)

Black & Veatch Corporation v. Aspen Insuance (UK) Ltd.; Lloyd's Syndicate 2003 District of Kansas Federal Courthouse - Wichita, Kansas

This case is an insurance coverage dispute between Plaintiff-Appellant Black &
Veatch Corporation (“B&V”) and Defendants-Appellees Aspen Insurance (UK) Ltd. and
Lloyd’s Syndicate 2003 (collectively, “Aspen”). The issue is whether Aspen must
reimburse B&V for the costs B&V incurred due to damaged equipment that its
subcontractor constructed at power plants in Ohio and Indiana. The d... More...
   $0 (02-13-2018 - KS)

Michelle Tatis v. Allied Interstate, LLC District of New Jersey Federal Courthouses

This appeal arises under the Fair Debt Collection Practices Act (FDCPA or Act). The question presented is whether a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could violate the Act’s general prohibition against “any false, deceptive, or misleading representation or means in connection with the collection of any... More...   $0 (02-13-2018 - ht)

Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f... More...
   $0 (02-13-2018 - NY)

Keith Hancock, Tamera Thomas and Jason Dessingue v. The County of Rensselaer, Jack Mahar, Elaine Young, David Hetman Northern District of New York Federal Courthouse - Syracuse, NY

7 Appellants were employees of the Rensselaer County Jail. Their medical
8 records were secretly accessed without their permission by at least one other
9 employee at the Jail. They sued in the United States District Court for the
10 Northern District of New York, alleging violations of their right to privacy in
11 health information under the Fourteenth Amendment and of the Comput... More...
   $0 (02-13-2018 - NY)

Carol Diane Cooper and John Scott Cooper v. Alyssa Jane D'Amore, f/k/a Alyssa J. Cooper District of Massachusetts Federal Courthouse - Boston, Massachusetts

In 2003, Peter M. Cooper, Jr.
("decedent") established an Individual Retirement Account ("IRA")
with Mesirow Financial ("Mesirow IRA"), and designated his then
wife, Alyssa Jane D'Amore ("D'Amore"), as beneficiary. In 2006,
the couple divorced, but decedent never revoked the beneficiary
designation. In 2011, decedent transferred the majority of his
Mesirow IRA assets to a T... More...
   $0 (02-11-2018 - MA)

Solas Industrial Innovation, LLc v. The Superior Court of Orange County, The People, Real Party in Interest

The Orange County District Attorney brought an action for civil penalties
under this state’s unfair competition law (UCL; Bus. & Prof. Code, § 17200) and
fair advertising law (FAL; id., § 17500) against an employer. The action alleged
the employer violated workplace safety standards established by the state
occupational safety and health law (Cal/OSHA; Lab. Code, § 6300 et seq.) an... More...
   $0 (02-11-2018 - CA)

United States of America v. Masoniek Stinfort, Eric L. Clemons, Jr. James Craig and Robert Nero Southern District of Florida Courthouse - Miami, Florida

Miami, FL - Four Defendants Sentenced for Participating in Stolen Identity Refund Fraud Scheme

Four defendants were sentenced for their participation in a stolen identity refund fraud scheme.

Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), ... More...
   $0 (02-11-2018 - FL)

Sonny Low v. Trump University, LLC, ak/a Trump Entrepreneur Initiative and Donald Trump Southern District of California Federal Courthouse - San Diego, California

Trump University, now defunct, was a for-profit entity that purported to teach Donald J. Trump’s “secrets of success” in the real estate industry. During the 2016 presidential election, Trump University and Trump were defendants in three lawsuits alleging fraud and violations of various state and federal laws: two class actions in the Southern District of California, and a suit by the New York Att... More...   $0 (02-09-2018 - CA)

San Francisco Apartment Association v. City and County of San Francisco

We must determine whether a San Francisco city
ordinance limiting the rights of landlords to commence and
conduct buyout negotiations is consistent with the federal
and state constitutions. We do not, as we must not, evaluate
the policy merits of the ordinance. Appellants—an
individual property owner and several organizations that
represent landlords’ interests in San Franc... More...
   $0 (02-09-2018 - CA)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

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