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Conspiracy Law
Rufus Odem v. Deloitte & Touche, LLP; John Morgan and Kathie Schwerdtfeger

Appellant Rufus Odem brought claims for defamation, tortious interference with contract, conspiracy, negligence, and gross negligence against Deloitte & Touche, LLP, John Morgan, and Kathie Schwerdtfeger (collectively “Deloitte & Touche”). Odem’s claims arose out of a report prepared by Deloitte & Touche following a quality assessment review of the San Antonio Water System’s internal audi... More...   $0 (02-02-2011 - TX)

Steve A. McKenzie v. Wendy Betts

The issue in this non-final appeal is whether the class action waiver in an arbitration agreement between McKenzie Check Advance and one of its customers violated public policy. The trial court found that the waiver went against public policy and denied McKenzie’s motion to compel arbitration. McKenzie appeals. The record below supports the trial court’s conclusion that consumers would not be ... More...   $0 (02-02-2011 - FL)

Miloslav Muller v. Myles Culbertson

Appearing pro se, as he did in the district court, Miloslav Muller appeals from the court’s order dismissing with prejudice his Title VII and § 1983 claims against the New Mexico Livestock Board (NMLB), and dismissing without prejudice his state law defamation claim. He also appeals the court’s order denying his motions to file first and second amended complaints. We have jurisdiction under 2... More...   $0 (02-01-2011 - NM)

Nathan Paul Reuter v. Tana S. Cutcliff

The debtor appeals from orders of the bankruptcy court1 denying confirmation of his Chapter 11 plan, granting the creditors’ motion to convert the case to Chapter 7, and entering judgment in favor of the creditors on certain dischargeability claims raised in an adversary proceeding. For the reasons stated below, we affirm.

I. Background

Mr. Reuter, the debtor, was a founding member... More...
   $0 (01-31-2011 - MO)

United States of America v. Mary L. Landry

Mary L. Landry was indicted in the United States District Court for the District of Maine on nine counts involving wire fraud, aggravated identity theft and social security fraud. Footnote The district court held a two-day trial, and the jury returned a guilty verdict on all nine counts. After sentencing, Ms. Landry filed a timely notice of appeal. Footnote In her appeal, she claims that the distr... More...   $0 (01-28-2011 - ME)

Shay McConnell v. Janet McConnell

Shay McConnell appeals the trial court’s order granting specific performance of an extrajudicial visitation agreement in which he agreed to allow his parents, Janet and Stanley McConnell, to have access to his son, D.J.M. In eight issues, Shay contends that the trial court erred by granting specific performance of the 2007 visitation agreement, by denying his request for sanctions, by granting ... More...   $0 (01-27-2011 - TX)

George Davidson v. Jesyca Hood Davidson

George Davidson (Davidson) appeals from the district court’s orders dismissing his complaint as to respondent John Prior (Prior); granting summary judgment as to respondent Benjamin Puckett (Benjamin), and partial summary judgment as to respondent Jesyca Hood Davidson (Jesyca); as well as dismissing the remainder of his claims against respondents Jesyca and Kathy Guthrie (Kathy).

   $0 (01-26-2011 - ID)

Brandie Atkins v. City of Chicago

This is the second appeal from the dismissal of a federal civil rights suit. 42 U.S.C. § 1983. The district court initially dismissed it under Rule 25(a)(1) of the Federal Rules of Civil Procedure, on the ground that the motion to substitute the plaintiff’s widow for the (original) plaintiff, who died while the suit was pending, was untimely. We reversed, 547 F.3d 869 (7th Cir. 2008), instructi... More...   $0 (01-25-2011 - IL)

Arlin-Golf, LLC v. The Village of Arlington Heights

Arlin-Golf, LLC, (“Arlin-Golf”) sued The Village of Arlington Heights (“the Village”) in Illinois state court in 2006. The two entered a settlement agreement in 2008 pursuant to which Arlin-Golf voluntarily dismissed the case with prejudice. In 2009, the plaintiffs in this case sued the defendants in this case based on facts and legal theories similar to those asserted in the 2006 state su... More...   $0 (01-21-2011 - IL)

City of Broken Arrow, Oklahoma v. Bass Pro Outdoor World, L.L.C.

¶1 This case involves an attempt by a qui tam taxpayer to intervene in a declaratory judgment action which was brought by officials in response to the qui tam demand and notice. The taxpayer challenged the City's expenditure of funds for an economic development project which involved construction and location of a sporting goods store, Bass Pro, in the City of Broken Arrow. The construction had b... More...   $0 (01-18-2011 - OK)

Keith Fischer, Helen Lorraine Fischer, and KHBD, Inc. d/b/a Precision Builders and d/b/a Precision Concrete v. Mark Ride

This is an accelerated interlocutory appeal from a temporary injunction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (Vernon 2008). In three issues, Appellants Keith Fischer, Helen Lorraine Fischer, and KHBD, Inc. d/b/a Precision Builders and d/b/a Precision Concrete argue that the trial court’s temporary injunction is void because it failed to include a date for the trial on the meri... More...   $0 (01-13-2011 - TX)

Deputy Corey Alexander and Sergeant Jimmie Cook v. April Walker

April Walker sued Harris County Sheriff’s Department Deputy Corey Alexander and Sergeant Jimmie Cook for assault, conspiracy, slander, false arrest, false imprisonment, and malicious prosecution. Several weeks later, Walker sued Harris County in federal court for the same claims that she asserted against the officers, based on vicarious liability, and for violation of sections 1983 and 1988. S... More...   $0 (01-13-2011 - TY)

Windsor Village, Ltd and Jackob Elbaz v. Stewart Title Insurance Co.

Appellants, Windsor Village, Ltd. and Jackob Elbaz, appeal from the trial court’s judgment awarding damages and attorney’s fees to appellee, Stewart Title Company, on its claims for fraud and indemnity. We affirm, in part, and reverse and render, in part.


A fire broke out on November 20, 2002, in a condominium in the Villages of Fondren Southwest Condomini... More...
   $0 (01-06-2011 - TX)

Ester Salinas v. Pat Townsend and Norberto Salinas

Appellant, Ester Salinas, was found liable for slandering appellees, the current and former mayors of Mission, Texas. Appellant challenges the judgment by six issues, contending that: (1) her speech was constitutionally protected; (2) her statements were not, as a matter of law, unambiguous defamatory statements of fact; (3) appellees did not prove mental anguish; (4) appellees did not prove tha... More...   $0 (01-06-2011 - TX)

Ajay Gaalla v. Citizens Medical Center

Appellee, a county-owned hospital, appeals the district court’s order enjoining it from preventing Appellants, three cardiologists, from exercising their clinical privileges at the hospital. We REVERSE.


A. Facts

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not * be published and is not precedent except under the lim... More...
   $0 (01-06-2011 - TZ)

Chris Hill and Donald McKinney v. McLane Company, Inc.

Appellee McLane Company, Inc., sued two former employees--appellants Chris Hill and Donald McKinney--asserting, among other causes of action, misappropriation of trade secrets and obtained a temporary injunction restraining their conduct pending trial. Hill and McKinney appeal. (1) In three issues, appellants contend that the district court abused its discretion in granting the temporary injunctio... More...   $0 (01-05-2011 - TX)

Rodney Earl Williams v. Rick Thaler, et al.

Rodney Earl Williams (pro se) appeals the dismissal of his lawsuit against Rick Thaler, Cheryl Lawson, Eileen Kennedy, John P. Werner, Billy J. Reeves and Linda D. Ebner (collectively referred to as Thaler). An inmate, Williams, sued those individuals alleging retaliation, conspiracy, racial discrimination, harassment, and cruel and unusual punishment. Leave was sought to prosecute his claim as ... More...   $0 (01-03-2011 - TX)

Curt Daniels v. John Holtz

“Won’t you be my neighbor?”1 Curt Daniels, the owner of a corporation sold at a sheriff’s sale, seeks to have the sale set aside because, he argues, it lacked a just appraisal, the appraisers were not “disinterested householders of the neighborhood,” and the property sold for a grossly inadequate price. Iowa Code § 626.93 (2005). Daniels argues it is improper to adjust the appraisal o... More...   $0 (12-30-2010 - IA)

Roger K. Parsons v. Ronald Windle Turley and Law Offices of Windle Turley, P.C. a/k/a Turley Law Firm, P.C.

In seventeen issues, Appellant Roger K. Parsons, Individually and as the Independent Administrator for the Estate of Esther Ann Kartsotis Parsons (Parsons), appeals the trial court’s summary judgment granted for Appellees Ronald Windle Turley and the Law Offices of Windle Turley, P.C. a/k/a Turley Law Firm, P.C. (collectively Windle Turley). Because Parson’s claims against Turley are barred b... More...   $0 (12-23-2010 - TX)

Estate of Rommy Ray Lyon and Ronda Lyon v. Rodney H. Heemstra

This appeal presents the question of whether, during a refereeship, a senior judgment lienholder may redeem property from a junior judgment creditor who purchased the debtor‟s property at an execution sale. To answer this question we must wade into the murky waters of our state‟s statutory redemption provisions, which our supreme court long ago described as “philological monstrosities, illus... More...   $0 (12-22-2010 - IA)

Aloysius Hoang v. Blanca Ortiz

Appellant, Aloysius D. Hoang, appeals the trial court’s judgment rendered in favor of appellee, Blanca Ortiz, after a bench trial. The judgment found Hoang, a co-defendant in the case below, but the only appellant in this appeal, jointly and severally liable for civil conspiracy, in the amount of $15,348.75. In his first two issues, Hoang contends that the trial court rendered a judgment that ... More...   $0 (12-16-2010 - TX)

Daniel L. Balsam v. Tucows, Inc.

There is no simple remedy for the vast number of unsolicited emails, popularly known as “spam,” that fill our electronic inboxes daily. Even though federal and state legislatures have adopted various laws to combat this problem, “spammers” continue to find new ways to advertise.

Daniel Balsam, a victim of spam, seeks an alternative method of enforcement by bringing claims against ... More...
   $0 (12-16-2010 - CA)

Andrew J. Anthony v. Perez-Abreu & Martin-Lavielle, P.A.

Andrew J. Anthony appeals from a final order dismissing his complaint with prejudice. The only issue raised on appeal was whether the trial court correctly found that the complaint was not filed within the requisite four-year statute of limitations. We find that the complaint was timely filed and therefore reverse.

In 2004, Raquel Anthony, the appellant’s now former wife, worked in his la... More...
   $0 (12-15-2010 - FL)

Mark Brill v. The Walt Disney Company

¶1 Oklahoma stock race car driver Mark Brill, Plaintiff/Appellant ("Brill"), seeks review of an order granting Defendants/Appellees', The Walt Disney Company, Pixar Animation Studios, Michael Wallis individually and Michael Wallis, LLC ("Defendants") respective Motions to Dismiss for failure to state a claim pursuant to 12 O.S. 2001 §2012(B)(6).1 Specifically, Brill claims that the fictional ani... More...   $0 (11-30-2010 - OK)

Jeffrey Golin v. Clifford B. Allenby

Appellants Jeffrey R. Golin and Elsie Y. Golin (collectively, the Golins) appeal from the dismissal of this action after the trial court determined them to be vexatious litigants under Code of Civil Procedure section 391, subdivisions (b)(2) and (3),1 and they failed to post a $500,000 bond to continue the litigation under sections 391.3 and 391.4. The Golins contend that the order must be reverse... More...   $0 (11-30-2010 - CA)

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