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Contract Law
 
United States of America v. John M. Hairabet, Jr. District of Rhode Island Federal Courthouse - Providence, Rhode Island

Providence, RI - Financial Management Consultant Sentenced for Embezzling Medical Firm & Employee Pension Funds

A former office manager of New England Anesthesiologists, Inc., and president of Anesthesia Management Consultants, LLC, was sentenced on January 29, 2018 to 37 months in federal prison for embezzling more than $700,000 dollars from bank accounts belonging to the medical firm an... More...
   $0 (02-01-2018 - RI)

Michael Catinella v. County of Cook, Illinois Northern District of Illinois Courthouse - Chicago, Illinois

Michael Catinella sued Cook County and its Department of Transportation for firing him under false pretenses in violation of his rights under the Due Process Clause, the Equal Protection Clause, and federal statutory provisions. The circumstances surrounding this event are filled with intrigue. The complaint describes a
2 No. 16-2278
public-bidding process gone awry, an investigation to co... More...
   $0 (01-31-2018 - IL)

Gabriel Ruiz v. D Halls Investments, L.L.C. Ti Amo Ristorante Italiano 219 South Cheyenne 918-592-5151

Tulsa, OK - Gabriel Ruiz sued D Halls Investments, L.L.C. on a breach of contact theory.

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: RUIZ, GABRIELA
Filed Date: 09/23/2015
Party Name Disposition Information
Defendant: D HALLS INVESTMENTS INC Disposed: JUDGEMENT ENTERED, 01/26/2016. Default Judgment
Defendant: D HALLS INVESTMENTS INC Di... More...
   $0 (01-31-2018 - OK)

Philip Marsteller and Robert Swisher v. Lynn Tilton, Patriarch Partners, LLC, MD Helicopters, Inc., Norbert Vergez Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Relators Philip Marsteller and Robert Swisher brought this action against
their former employer, MD Helicopters (“MD”), and codefendants Patriarch
Partners (“Patriarch”), Lynn Tilton, and Colonel Norbert Vergez, under the qui tam
provision of the False Claims Act (“FCA” or “Act”), 31 U.S.C. §§ 3729–30.1 The
allegations of the complaint concern a series of contracts between the Unit... More...
   $0 (01-31-2018 - AL)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...
   $0 (01-31-2018 - CA)

Karl Allred v. Eli D. Bebout, et al. Laramie County Courthouse - Cheyenne, Wyoming

[¶1] Two Wyoming citizens sought to challenge legislation that authorized two
construction projects while maintaining a degree of legislative control which the citizens
contend violate the Wyoming Constitution. They also alleged a pattern of letting state
contracts without competitive bidding or required safeguards, contrary to the Wyoming
Constitution and laws. They sought to amen... More...
   $0 (01-30-2018 - WY)

United States of America v. Jason Marc Janatsch Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Jason Janatsch worked as a freelance babysitter and occasional daycare
employee. He was indicted for taking sexually explicit pictures of himself with a
toddler. After he pleaded guilty to the charges, the court sentenced him to 360
months in prison and required him to pay a $5,000 special assessment pursuant to
18 U.S.C. § 3014(a)(3), a provision applicable to “any non-indigent pe... More...
   $0 (01-30-2018 - OK)

Cheri Dahlin v. Lyondell Chemical Company Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Cheri Dahlin sued Lyondell Chemical Company, Equistar Chemicals, LP, and
Equistar GP, LLC (collectively “Lyondell”). A jury returned a verdict for Dahlin.
Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.

I.

Between 1990 and 1995, Dean B. Dahlin worked for two companies as a
commercial truck driver. For both, he loaded his truck with benzene-... More...
   $0 (01-28-2018 - IA)

Matthew Warciak v. Subway Restaurants, Inc. Northern District of Illinois Courthouse - Chicago, Illinois

Should courts apply federal or state
law to decide whether a contract’s arbitration clause binds a
non-signatory? In Scheurer v. Fromm Family Foods LLC, we held
* The Honorable Sara Darrow, United States District Court for the Central
District of Illinois, sitting by designation.
2 No. 17-1956
that courts should apply state law. 863 F.3d 748, 750 (7th Cir.
2017). We rei... More...
   $0 (01-27-2018 - IL)

Natasha Mueller and SCoot Mueller v. Apple Leisure Corporation d/b/a Apple Leisure Group, Apple Vacations, L.L.C., AM Resorts, LLC and Am Resorts, L.P. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Natasha Mueller suffered a severe bout of food poisoning after she was served contaminated fish at a resort in the Dominican Republic while on her honeymoon. She and her husband sued several affiliated companies that sold and managed their vacation package. They filed their suit in federal court in the Eastern District of Wisconsin, where they live and purchased their trip. The vacation contract, ... More...   $0 (01-27-2018 - WI)

Moon Express, Inc. v. Intuitive Machines, LLC

Wilmington, DE - Jury Finds In Favor of Intuitive Machines, LLC

Moon Express, Inc. sued Intuitive Machines, LLC on a breach of contract theory relating to work by Intuitive on software and hardware for the MX-1E Moon Express. Intuitive counterclaimed.... More...
   $0 (01-27-2018 - DE)

SMS Financial XXIII, LLC v. Cornerstone Title Company

A bank made a business loan that was guaranteed by the principals of the business
and secured by a deed of trust on property the principals owned. Years later, the bank
assigned the note and deed of trust to plaintiff SMS Financial XXIII, LLC (SMS). After
the borrower defaulted on payment, SMS undertook preparations to foreclose on the deed
of trust and in the process discovered th... More...
   $0 (01-27-2018 - CA)

United States of America v. Joseph Anthony Armes, II Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Knoxville, TN - Former Department of Energy Subcontractor Sentenced for Conspiring to Defraud DOE and IRS

Joseph Anthony Armes, II, 38, of Petros, Tennessee, was sentenced by the Honorable Thomas W. Phillips, Senior U.S. District Judge, to serve 12 months and one day in prison for conspiring to defraud the U.S. Department of Energy (DOE) and the Internal Revenue Service (IRS). He will b... More...
   $0 (01-26-2018 - TN)

David Pittington v. Great Smoky Mountain Lumberjack Feud, L.L.C. Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Plaintiffs who successfully prove that they
were fired in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) are
presumptively entitled to back pay for the amount they would have earned had they not been
unlawfully terminated. Such awards are intended to compensate fully plaintiffs for the wrongs
that they suffered. For the same reason, an award of prejudgment int... More...
   $0 (01-26-2018 - TN)

Tony R. Jimenez and Cynthia L. Jimenez v. David McGeary Tarrant County Courthouse - Fort Worth, Texas

In four issues, Tony and Cynthia Jimenez appeal from the trial court’s
judgment awarding possession of real property to Appellee David McGeary. We
affirm.
Background
In August 2010, Metlife Home Loans foreclosed on the Jimenezes’ home
and then sold the property to Federal National Mortgage Association. Jimenez v.
2
Fed. Nat’l Mortg. Ass’n, No. 02-15-00229-CV, 2016 WL 36... More...
   $0 (01-25-2018 - TX)

Toll Processing Services, LLC v. Kastalon, Inc. and Pastalon Polyurethane Products Northern District of Illinois Courthouse - Chicago, Illinois

Toll Processing Services, LLC (“Toll Processing”) appeals from the district court’s order granting summary judgment in favor of Kastalon, Inc. and Kastalon
* The Honorable Pamela Pepper, United States District Court for the Eastern District of Wisconsin, sitting by designation.
2 No. 15-3187
Polyurethane Products (collectively, “Kastalon”) on Toll Processing’s conversion and negligence... More...
   $0 (01-25-2018 - IL)

United States of America v. Kenneth E. Fairley Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Appellant-Defendant Kenneth Fairley appeals his jury conviction for theft of government property in violation of 18 U.S.C. § 641 (counts two and three) and conspiracy to commit theft of government property in violation of 18 U.S.C. § 371 (count one). Fairley argues that: (1) the indictment, jury instruction, and verdict form all misstated the elements of § 641; (2) the district court erroneously a... More...   $0 (01-25-2018 - MS)

Jeanne T. Bartels v. Saber Healthcare Group, LLC Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Saber Healthcare Holdings, LLC, sits at the top of a family of wholly owned limited-liability companies that own and operate dozens of assisted-living facilities and nursing homes in several states, including North Carolina. Current and former residents of one of Saber’s North Carolina assisted-living facilities brought a putative class action in North Carolina state court against Saber Healthcare... More...   $0 (01-24-2018 - NC)

Mary M. Mayotte v. U.S. Bank National Association District of Colorado Federal Courthouse - Denver, Colorado

On this appeal the parties have asked us to determine how, or even whether, an
important—but subtle and often confusing—doctrine limiting federal-court jurisdiction
should apply to a unique Colorado procedure for “nonjudicial” foreclosure of mortgages.

The jurisdictional doctrine is the Rooker-Feldman doctrine, which forbids lower federal
courts from reviewing state-court c... More...
   $0 (01-23-2018 - CO)

Michelle Merceri v. Deutsche Bank, AG, et al. Washington Court of Appeals, Division 1 - Tacoma, Washington

Under RCW 4.16.230, the statute of limitations is tolled
when the commencement of an action is stayed by a statutory prohibition. Under
the federal bankruptcy code, actions to foreclose on a debtor's property are
stayed while the property at issue is part of the bankruptcy estate. We are asked
to determine whether the bankruptcy stay is a statutory prohibition that tolls the
st... More...
   $0 (01-22-2018 - WA)

United States of America v. David E. Gorski District of Massachusetts Federal Courthouse - Boston, Massachusetts

A jury in the District of
Massachusetts convicted David Gorski of conspiring between late
2005 and 2010 to defraud the United States, in violation of 18
U.S.C. § 371, by knowingly procuring government contracts for his
construction company on the false premise that the company was
owned and controlled by military veterans who became disabled in
connection with their militar... More...
   $0 (01-22-2018 - MA)

William Baxter v. California State Teachers' Retirement System

Eleven retired teachers (Teachers) who had been employed in the Salinas Unified
High School District (District), disputed attempts by appellant California State Teachers’
Retirement System (CalSTRS) to recoup retirement benefit overpayments. The
overpayments were the result of a years-long miscalculation by the District of the
monthly retirement benefits to which the Teachers were ... More...
   $0 (01-21-2018 - CA)

Bruce Frank Ruark v. The State of Texas

A denial of habeas corpus relief is reviewed under an abuse of discretion standard.
Ex parte Wheeler, 203 S.W.3d 317, 324 (Tex. Crim. App. 2006); Hernandez-Prado v. State,
No. 03-15-00290-CR, 2016 WL 3144113, at *4 (Tex. App.—Austin May 26, 2016, no pet.) (mem.
op., not designated for publication). A habeas court abuses its discretion, and the appellate court
will reverse the habe... More...
   $0 (01-20-2018 - TX)

Eli Madison III v. The State of Texas Second Court of Appeals - Texas Courts

Madison was a long-time member of Pilgrim Valley Missionary Baptist
Church. Since 1970, the church was a beneficiary of the Pilgrim Valley Manor
Housing Trust, of which the principal asset was an apartment complex known as
Pilgrim Valley Manor Apartments. Around 2005, the Housing Trust had only one
active member—Velmeta Washington—on its board of trustees. Washington
ne... More...
   $0 (01-20-2018 - TX)

Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

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