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Conspiracy Law
 
Station #2, LLC v. Michael Lynch, et al.

In this appeal, we consider whether an oral agreement to allow Station #2, LLC (“Station #2”) to install soundproofing material in a void space between the ceiling of premises leased by it and the floor of premises owned by another was made unenforceable by the statute of frauds. We also consider claims of fraudulent inducement to contract and statutory conspiracy.

I. BACKGROUND AND ... More...
   $0 (06-10-2010 - VA)

Adnan Syed, et al. v. ZH Technologies, Inc., et al.

ZH Technologies, Inc. (“ZH Tech”) and Abulala K. Naser (“Naser”) filed a complaint against Adnan Syed (“Syed”), Sheriza Ousman (“Ousman”), and Zerowire Technologies, Inc. (“Zerowire”),1 in which ZH Tech and Naser alleged six causes of action: (1) breach of fiduciary duty, (2) conversion, (3) unjust enrichment, (4) fraud, (5) violation of the Virginia business conspiracy statute... More...   $0 (06-10-2010 - VA)

Brant Sitzes v. City of West Memphis Arkansas

Appellants Brant and Nancy Sitzes (collectively “plaintiffs”), parents of Brittney and Shelby Sitzes, brought this action against Officer James Wright of the West Memphis, Arkansas, Police Department (WMPD), the City of West Memphis, and various city officials (collectively “defendants”). They alleged constitutional and state tort claims arising out of a traffic accident in which a patrol ... More...   $0 (06-09-2010 - AR)

Michael Valls v. Johanson & Fairless, L.L.P, et al.

Appellant, Michael Valls, agreed to settle a business dispute with his former employer and business partner – appellees Prime Directional Systems, L.L.C. (“Prime”) and Ernie Parker, respectively – by accepting a contingent financial interest in their ongoing lawsuit against an unrelated entity. When that lawsuit settled, however, Valls was left out of the distribution of settlement procee... More...   $0 (06-03-2010 - TX)

Roland McNeil v. Kennecott Holdings

Roland McNeil, pro se, appeals from the district court’s entry of judgment in favor of Kennecott Holdings on his employment discrimination claims. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Background

McNeil, an African-American, filed a two-paragraph complaint in Utah state court. He alleged no facts, stating only that he represented himself “in the matter of em... More...
   $0 (06-02-2010 - UT)

Jeffrey Sneller v. City of Bainbridge Island, et al.

Plaintiffs-Appellants Jeffrey and Sherry Sneller (together, the “Snellers”) appeal from a $24,000 sanction award to Defendants-Appellees the City of Bainbridge Island (the “City”), Meghan McKnight, Bob Earl, and Darlene Kordonowy (collectively, “Defendants”) under Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927. The Snellers argue that imposition of the sanction was error beca... More...   $0 (05-26-2010 - WA)

The Partnership Appellatns and Profitlive, Inc. v. Cheryl M. Surber and Johnson Property Investments, Inc.

Appellants The Profitlive Partnership and Profitlive, Inc. (collectively, Profitlive) appeal the trial court=s summary judgment for appellees Cheryl M. Surber and Johnson Property Investments, Inc. (JPI) on their claims of common law fraud and conspiracy. We affirm in part and reverse and remand in part.

II. Factual and Procedural Background

Profitlive operated Creative Real Es... More...
   $0 (05-23-2010 - )

Terry and Phyllis Price v. Philip Schroeder, Bill Smith, Jerry Beene, Leroy Harrington, Reagan Hill, Jerry Mitchell, Gary Moore, Tony Silva, Martin Ramsay, Johnnie Terrazas, Ray Wainner, John Watson, David Beene, A. V. Welsh, and First Baptist Church of Bulverde

Terry and Phyllis Price sued their former church, the First Baptist Church of Bulverde ("the Church"), for access to the Church's books and records. See Tex. Rev. Civ. Stat. Ann. art. 1396-2.23 (West 2003) (members of nonprofit corporation have right to inspect corporation's books and records). The Prices alleged that while the Church allowed them limited access to its books and records, it did n... More...   $0 (05-20-2010 - TX)

UOP, L.L.C. v. Shanda Kozak

By motion to dismiss and motion for summary judgment, Universal Oil Products, L.L.C. ("UOP") moved against all claims asserted by Shanda Kozak, individually and as personal representative of the heirs and estate of Walter Scifres, deceased, and Keith Scifres ("the Kozak Plaintiffs") on the basis that the Kozak Plaintiffs had failed to obtain a certificate of merit (dismissal motion) and on the cla... More...   $0 (05-20-2010 - TX)

Theodore White, Jr. v. Detective Richard McKinley

Theodore White, Jr. brought this civil action following his prosecution, conviction, re-prosecution, and eventual acquittal for the alleged molestation of his adopted daughter. White sued his ex-wife, Tina McKinley ("Tina"), and Richard McKinley, the police officer who investigated the molestation charges and Tina's current husband. White alleged a deprivation of his constitutional rights and vari... More...   $0 (05-17-2010 - MO)

Columbia Venture LLC v. Dewberry & Davis LLC

Columbia Venture, LLC appeals an order of the district court dismissing its second amended complaint with prejudice. See Fed. R. Civ. P. 12(b)(6). The court concluded that Columbia Venture’s state law claims are preempted by the National Flood Insurance Act of 1968 ("NFIA"), 42 U.S.C. §§ 4001 et seq. For the following reasons, we affirm.

I.

A.

We review de novo a dis... More...
   $0 (05-14-2010 - sc)

Timothy Nelson v. Alan Blake

Timothy Nelson brought a lawsuit under 42 U.S.C. § 1983 alleging thirteen officials at the Missouri Sexual Offender Treatment Center violated his constitutional rights. The defendants moved for summary judgment based on qualified immunity and the district court2 dismissed Nelson's claims against six of the thirteen defendants. The remaining seven defendants appeal the district court's order denyi... More...   $0 (05-13-2010 - MO)

Robert Alan Cancemi v. Alan McCormack

In these consolidated appeals, Defendants-Appellants Mike Burgess and Alan McCormack challenge the district court’s order denying their motions for summary judgment on the basis of qualified immunity. Because we lack jurisdiction, we dismiss these appeals.

BACKGROUND

At the times relevant to these appeals, Burgess was the sheriff of Custer County, Oklahoma, and McCormack was a depu... More...
   $0 (05-11-2010 - OK)

Walter Dique v. New Jersey State Police

This appeal presents the question of when Walter Dique’s Fourteenth Amendment selective-enforcement claim accrued.

Dique appeals the District Court’s final order, granting summary judgment in favor of Clinton Pagano, John Mulvey, and Glen Vona (Officers) on his claim because it was time barred. Dique Because D 1 ique appeals from an order granting summary judgment, we view the evidence ... More...
   $0 (05-08-2010 - NJ)

Stephen P. Norman v. Scott C. Borison, et al.

Appellant, Stephen Norman (“Norman”), filed suit in the Circuit Court for Montgomery County alleging that he was defamed by statements made by appellees1 in connection with a lawsuit currently pending before the United States District Court for the District of Maryland. Appellees filed motions to dismiss, and after conducting a hearing, the circuit court dismissed all counts of the lawsuit. No... More...   $0 (05-07-2010 - MD)

Brian Bates, Individually, and Arizona International Credential Evaluators, LLC v. Global Credential Evaluators, Inc.

At a conference in San Antonio, Texas, Jean Ringer, principal operating officer for Global Credential Evaluators, Inc. (“GCE”), approached Brian Bates about performing credentialing work for GCE. Ringer operated the GCE office in College Station, Texas. GCE owner Marilyn Hesser was located in Virginia where GCE was incorporated and headquartered. Shortly after Bates signed an agreement with... More...   $0 (05-05-2010 - TX)

Romelle Peoples v. Genco Federal Credit Union and McDonald Recovery Service, Inc.

Romelle Peoples appeals the granting of motions for summary judgment filed by Genco Federal Credit Union and McDonald Recovery Service, Inc., which denied relief on all of the claims Peoples had filed against them. See Tex. R. Civ. P. 166a(c) & (i). Peoples complains that the trial court erred by granting the motions for summary judgment, that the trial court erred in denying his objections to t... More...   $0 (05-05-2010 - TX)

Phillip Martin v. Cornell Companies, Inc.

Phillip Martin, an Oklahoma state prisoner proceeding pro se,1 appeals the district court’s orders granting defendants’ motions to dismiss and for summary judgment on his claims brought under 42 U.S.C. § 1983. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

BACKGROUND

Mr. Martin was formerly incarcerated at the private prison, Great Plains Correctional Facility,... More...
   $0 (05-05-2010 - OK)

The Estate of John L. Oliva, Jr. v. State of New Jersey, Department of Law and Public Safety

This matter comes on before this Court on an appeal from an order of the District Court entered on September 30, 2008,1 granting Appellees’ motion for summary judgment and denying the request of Appellant, John Oliva, for leave to amend further his already twice amended complaint. See Estate of Oliva v. New Jersey, 579 F. Supp. 2d 643 (D.N.J. 2008). Though the Court denied summary judgment to a ... More...   $0 (05-05-2010 - )

Lucy Okpik v. City of Barrow, Alaska

An employee of the City of Barrow (Barrow) who served as finance director for nearly eight years resigned after learning the mayor was demoting her to the position of senior accountant. She filed suit alleging violation of her right to due process under 42 U.S.C. § 1983, alleging violation of the Alaska Whistleblower Act, and alleging wrongful termination and intentional and negligent infliction ... More...   $0 (04-30-2010 - AK)

Rocky Mountain Rogues, Inc. d/b/a Bull Moose Saloon v. Alpine, Wyoming, et al.

Rocky Mountain Rogues, Inc., doing business as Bull Moose Saloon, and its principals (together, the Bull Moose), brought a 42 U.S.C. § 1983 suit against the Town of Alpine and a number of its officials involved in a dispute over its liquor license and the issuance of a building permit to expand its business. The Bull Moose claimed the Alpine Defendants violated its rights by (1) depriving it of d... More...   $0 (04-19-2010 - WY)

JSC Neftegas-Impex v. Citibank, N.A.

A jury rendered judgment in favor of JSC Neftegas-Impex ("JSCNI") and against Transcontinental Products and Services, Inc. ("TPS") for fraud and breach of fiduciary duty. The jury also rendered judgment in favor of JSCNI and against Citibank, N.A. ("Citibank") for fraud, knowing participation in TPS's breach of fiduciary duty, and conspiracy. The jury awarded actual damages against both defendant... More...   $0 (04-16-2010 - TX)

Loren J. Zutz v. John Nelson

Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. § 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) th... More...   $0 (04-15-2010 - MN)

Loren J. Zutz v. John Nelson

Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. § 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) th... More...   $0 (04-15-2010 - MN)

La Costa Beach Club Resort Condominium Association, Inc. v. Alphonso Carioti, et al.

In this case, the trial court ordered a new trial based solely on (1) a purportedly illegal Mary Carter agreement entered into before the trial;1 (2) a finding by the trial court that the defendants’ attorney “grossly impaired” a proper defense amounting to fundamental error; and (3) jury confusion caused by an erroneous jury instruction that led to a verdict that was inconsistent with Flori... More...   $0 (04-14-2010 - FL)

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