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Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC District of West Virginia Federal Courthouse - Huntington, West Virginia

Carlton & Harris Chiropractic, Inc. appeals from the district court’s dismissal of its claim against PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10 (collectively, “PDR Network”) for sending an unsolicited advertisement by fax in violation of the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Carlton & Harris argues that the district court erred in de... More...   $0 (02-24-2018 - WV)

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. Charlene D. Moff Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

Pittsburgh, PA - Westmoreland County Woman Sentenced to Probation for Defrauding Victoria’s Secret

A Westmoreland County resident has been sentenced in federal court on her conviction of mail fraud, United States Attorney Scott W. Brady announced today.

United States District Judge Cathy Bissoon imposed the sentence on Charlene D. Moff, 60, of New Derry, PA. Moff received a sente... More...
   $0 (02-23-2018 - PA)

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)

Delane Hurley v. California Department of Parks and Recreation

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts I, III, and V through VII.

Plaintiff Delane Hurley appeals a judgment in her action against defendants
California Department of Parks and Recreation (DPR) and Leda Seals (together
Defendants) that alleged, inter alia, causes of action for sexual orientation... More...
   $0 (02-22-2018 - CA)

James Ellis; William Perry v. Fidelity Management Trust Company

Plaintiffs James Ellis and
William Perry brought this certified class action under the
Employee Retirement Income Security Act of 1974 ("ERISA"),
alleging that Fidelity Management Trust Company, the fiduciary for
a fund in which plaintiffs had invested, breached its duties of
loyalty and prudence in managing the fund. Fidelity won summary
judgment and plaintiffs appealed. B... More...
   $0 (02-22-2018 - MA)

Michael Dasher v. RBC Bank (USA), d/b/a RBC Bank Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Defendant RBC Bank (USA) (“RBC”) appeals the district court’s denial of a motion to compel arbitration. We affirm, albeit for reasons different than those cited by the district court.

I.

Michael Dasher held a checking account with RBC and used a debit card for that account. Dasher asserts RBC failed to properly warn him of possible overdrafts at points of sale when he used his de... More...
   $0 (02-21-2018 - )

United States of America v. Michael Herrold Northern District of Texas Federal Courthouse - Dallas, Texas

Three decades ago, Congress set the courts upon a new course for the sentencing of federal defendants, moving away from a long-in-place system that gave wide discretion to federal judges to impose sentences from nigh no prison time to effective life sentences.
* Judges Willett and Ho joined the court after this case was submitted and did not participate in the decision.
United States Court... More...
   $0 (02-20-2018 - TX)

United States of America v. Frank Dunkow United States District Court for the Southern District of Florida - Miami, Florida

Miami, FL - Former Jewelry Store Manager Pleads Guilty to Bank Fraud

Frank Dunkow, 52, of Wellington, pled guilty before United States District Judge Robin L. Rosenberg, to bank fraud involving his repeated sales of jewelry to individuals using counterfeit credit cards in 2010-2011.

Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Ric Bradshaw, ... More...
   $0 (02-20-2018 - FL)

State of Iowa v. Christopher Scott Jepsen Crawford County Courthouse - Denison, Iowa

A criminal defendant was convicted of two counts of sexual abuse in the third degree. Although one count constituted a forcible felony, the district court suspended the defendant’s prison sentence and instead ordered a five-year term of probation. After the defendant served four years, four months, and four days of probation, the district court vacated the suspended sentence for illegality and res... More...   $0 (02-20-2018 - )

Edmundo Amparan; Kimberly L. Amparan v. Lake Powell Car Rental and Mevlut Berkay Demir, Denizcan Karadeniz; PV Holding Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Edmundo Amparan and Kimberly L. Amparan (the “Amparans”) appeal from
the district court’s grant of summary judgment in favor of Lake Powell Car Rental
Companies (“Lake Powell”) on the Amparans’ claims for negligent entrustment and
loss of consortium. The claims arose from a vehicle accident involving a motorcycle
operated by Mr. Amparan and a Ford Mustang rented by Lake Powell to D... More...
   $0 (02-20-2018 - NM)

State of Washington v. Oscar Raul Lopez Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performance—and sometimes failure to show
up—at trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

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)

United States of America v. Denna Chambers, aka Denna Rice and Starsheka Mixon Eastern District of California Federal Courthouse - Sacramento, California

Sacramento, CA - Two Northern California Women Plead Guilty to Conspiracy to Fraudulently Obtain Tax Refunds

Denna Chambers, aka Denna Rice, 35, of Fairfield, pleaded guilty on February 15, 2018 to one count of conspiring to defraud the United States, United States Attorney McGregor Scott announced. Co-defendant, Starsheka Mixon, 34, of Pinole, previously pleaded guilty to the same charge... More...
   $0 (02-19-2018 - CA)

Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...
   $0 (02-19-2018 - CA)

Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...
   $0 (02-19-2018 - CA)

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 - )

Dariusz Jaworski, Boguslaw Moskal and Ryszard Bester v. Master Hand Contractors, Inc., et al. Northern District of Illinois Courthouse - Chicago, Illinois

Dariusz Jaworski, Boguslaw Moskal, and Ryszard Bester were never paid for construction services they performed for Master Hand Contractors, Inc. They filed this lawsuit to force Master Hand to pay up. The district court sided with the plaintiffs through two partial summary
2 No. 16-3601
judgments and a bench trial. Liability in the neighborhood of
$340,000 now hangs over Master Hand’s ... More...
   $0 (02-17-2018 - IL)

United States of America v. Richard Pinedo Federal Courthouse - District of Columbia

Washington, DC - Defendant Pleads Guilty to Selling Bank Accounts To Russian Hackers

The United States of America charged Richard Pinedo, age 28, with identity fraud in violation of 18 U.S.C. 1028 when the sold bank accounts to Russians who used the accounts to launder money for use in Russia's efforts to defeat Hillary Clinton's campaign to become President of the United States.

... More...
   $0 (02-17-2018 - DC)

Alejandro Moreno v. Nancy Berryhill Northern District of Illinois Courthouse - Chicago, Illinois

Alejandro Moreno appeals the order of the
district court upholding the Social Security Administration’s
denial of his applications for Supplemental Security Income
and Disability Insurance Benefits. Mr. Moreno contends that,
among other shortcomings in the Administrative Law Judge’s
(“ALJ”) determination, he improperly relied on an outdated
mental-health assessment and fail... More...
   $0 (02-16-2018 - IL)

United States of America v. Marcus Dieter Felder Northern District of California Federal Courthouse - San Francisco

San Francisco, CA - Jury Convicts San Francisco Man Of Credit Card Fraud And Identity Theft

Marcus Dieter Felder was convicted of access device fraud and aggravated identity theft, announced Acting United States Attorney Alex G. Tse, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin, and Secret Service Special ... More...
   $0 (02-16-2018 - CA)

United States of America v. Jessica Arong O'Brien Northern District of Illinois Courthouse - Chicago, Illinois

Chicago, IL - Federal Jury Convicts Illinois Attorney in Mortgage Fraud Scheme

A federal jury on February 15, 2018 convicted an Illinois attorney of fraudulently obtaining loans related to the purchase, maintenance and sale of properties on Chicago’s South Side.

JESSICA ARONG O’BRIEN fraudulently caused lenders to issue and refinance approximately $1.4 million in mortgage and com... More...
   $0 (02-16-2018 - IL)

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)

United States of America v. Chaka LeChar Castro and Juan Olaya Eastern District of Michigan Federal Courthouse - Detroit, Michigan

In December 2014, a string of home invasions struck Dallas,
Texas. Law enforcement focused their investigation on Chaka Castro and Juan Fernando Olaya.
>
No. 17-1590 United States v. Castro, et al. Page 2
Texas courts issued warrants to search their phones. Consistent with the warrants, state officers
conducted detailed searches of Castro’s phones and a cursory search of Olaya’... More...
   $0 (02-16-2018 - )

United States of America v. Vladimir Drinkman and Dmitriy Smilianets District of New Jersey Federal Courthouses

Newark, NJ - Two Russian Nationals Sentenced to Prison for Massive Data Breach Conspiracy
Hackers Targeted Major Payment Processors, Retailers and Financial Institutions Around the World

Two Russian nationals were sentenced yesterday to federal prison terms for their respective roles in a worldwide hacking and data breach scheme that targeted major corporate networks, compromised 160 ... More...
   $0 (02-15-2018 - NJ)

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