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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)

Dennis Obduskey v. Wells Fargo District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Ryan Boucher v. Finance System of Green Bay, Inc. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Plaintiffs sued defendant, a debt col-lection agency, for violations of the Fair Debt Collection Prac-tices Act (“FDCPA”). Specifically, plaintiffs allege that de-fendant’s dunning letters were false and misleading because they threatened to impose “late charges and other charges” that could not lawfully be imposed. The district court dis-missed plaintiffs’ claims because the challenged statement ... More...   $0 (01-17-2018 - WI)

Robert Law v. Ronald Zemp Oregon Supreme Court Building - Eugene, Oregon

This review proceeding arises out of a post-judgment
order charging a judgment debtor’s interests in four limited
partnerships and a limited liability company to satisfy the
judgment creditor’s judgment against him. The charging
order was issued over the limited partnerships’ and limited
liability company’s objections that ancillary provisions
included in the charging order... More...
   $0 (01-11-2018 - OR)

Judson C. Ball Revocable Trust v. Phoenix Orchard Group I, L.P., et al.

¶1 Judson C. Ball Revocable Trust (the “Trust”) appeals from the
declaratory judgment in favor of Phoenix Orchard Group I, LP and Phoenix
Orchard Group II, LP (collectively, “POG”); and the denial of its motion to
stay release of rescission payments to the Trust’s judgment creditor, PJI-2
Collection, LLC (“PJI-2”). For the following reasons, we affirm the
declaratory judgment a... More...
   $0 (01-04-2018 - AZ)

Grady's Quality Excavating, Inc. Alliance Streetworks, Inc.

¶1 Grady’s Quality Excavating, Inc. (“Grady’s Excavating”)
appeals from a superior court judgment entered in favor of Alliance
Streetworks, Inc. (“Alliance”) and American Specialty Insurance Company
on all counts, awarding Alliance attorney’s fees and costs, and denying
Grady’s Excavating’s Motion for New Trial and/or Additur.1
FACTS AND PROCEDURAL BACKGROUND
¶2 Grady’s Exc... More...
   $0 (01-02-2018 - AZ)

Paula Boyd v. David Freeman

In the underlying action, appellant Paula Boyd
asserted claims against respondent David Freeman
predicated on allegations of wrongful foreclosure. The trial
court sustained Freeman’s demurrer to Boyd’s first amended
complaint without leave to amend, reasoning that the
doctrine of res judicata barred her claims, in view of a
judgment in favor of Freeman and against Boyd in a... More...
   $0 (12-21-2017 - )

Mary Beth Mantiply v. Richard D. Horne and Patricia Nelson Horne Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Mary Mantiply appeals the district court’s order awarding Richard and Patricia Horne1 the attorneys’ fees and costs that they incurred because of her unsuccessful appeal of the damages award to the Hornes for her violation of the Bankruptcy Code’s automatic stay provision. This case involves an issue of first impression in this Circuit: whether the Bankruptcy Code authorizes payment of attorneys’ ... More...   $0 (12-11-2017 - AL)

Juan Acra, Secner USA, LLC, Secner HR S.A. DE C.V. and North American Secner Holdings, LLC v. Giovanni Bonaudo and Maria Jilma Maldonado Dallas County Courthouse - Dallas, Texas

The underlying cause of action in this appeal stems from a business dispute among Juan Acra, Giovanni Bonaudo, and Bonaudo’s wife, Maria Jilma Maldonado. The dispute concerns services Bonaudo provided Acra and the corporate appellants, businesses controlled by Acra. The final judgment awards Giovanni Bonaudo, in relevant part, $403,488.72 in compensatory damages. The judgment is against appellants... More...   $0 (12-08-2017 - TX)

Joyce Bartholomew v. Youtube, LLC

We are asked in this case to decide whether a musician stated a claim for libel per
quod against the popular video viewing Web site, YouTube. When YouTube decided to
block access to Joyce Bartholomew’s video, it posted a statement that the video had
violated YouTube’s terms of service, a statement which also provided a hyperlink to a list
of examples and tips, a list YouTube called... More...
   $0 (12-03-2017 - CA)

Rebeca D. Balderas-Ramirez v. Anthony Carl Felder Travis County Courthouse - Austin, Texas

Rebeca D. Balderas-Ramirez appeals a final summary judgment that she take nothing
on claims she had asserted against Anthony Carl Felder following an automobile collision. The
pivotal issues on appeal concern whether Balderas-Ramirez presented any competent evidence of
property damages—including several years’ worth of claimed loss-of-use damages—and whether
any such damages exceed... More...
   $0 (11-23-2017 - TX)

Joseph Abuzaid v. Modjarrad & Associates, P.C., d/b/a Mas Law Firm Dallas County Courthouse - Dallas, Texas

In 2016, Abuzaid obtained a $1.4 million judgment against Muamar Anani and David
Wittmer (“the Anani judgment”). During the course of that litigation, Abuzaid was represented
by a series of attorneys. A dispute arose between Abuzaid and one of his attorneys, Carlos
Cortez, about the terms of Cortez’s engagement. The trial court granted Cortez leave to
withdraw. After he withdrew, C... More...
   $0 (11-14-2017 - TX)

United States of America v. Leon Fadden Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

A grand jury returned a three-count
indictment against Leon Fadden for conduct related to bankruptcy
fraud. Before trial, Fadden proposed a theory-of-defense
jury instruction for Counts 1 and 2. The district court
rejected that instruction, instead reciting the Seventh Circuit
Pattern Instructions. A jury convicted Fadden of all three
counts. Fadden now appeals his convicti... More...
   $0 (11-01-2017 - WI)

Jose Francisco Aviles v. Tracy J. Swearingen

In this case of first impression, we apply newly
enacted Probate Code section 21310. If, in theory, this could lead
to a debatable result, so be it. There is no “play in the joints” in
probate law, as Chief Justice Rehnquist would say. We “strictly”
follow probate law as given to us by the Legislature. (Estate of
Shellenbarger (2008) 169 Cal.App.4th 894, 896.)
Tracy J. Swea... More...
   $0 (10-25-2017 - CA)

Comerica Bank v. Gordon E. Runyon, James M. Facciuto,

Appellants Gordon Runyon and Donna Runyon were once married.
In July 2010 respondent Comerica Bank (Comerica) obtained a joint and several judgment
for breach of guaranty against Gordon and some other defendants. Gordon and Donna
then divorced, the other judgment debtors settled with Comerica, and postdivorce,
Comerica obtained an order to show cause why real property that was form... More...
   $0 (10-22-2017 - CA)

In Re: Fundamental Long Term Care, Inc. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This case has a complex procedural history lasting more than a decade and spanning several state and federal venues. It began when the estates of several deceased nursing-home patients (the “Estates” or “Appellants”) brought a series of wrongful-death suits against a network of nursing homes. These suits collectively resulted in $1 billion in empty-chair judgments against the network. In an effort... More...   $0 (10-21-2017 - FL)

Willis E. Urick, III v. Dana Urick as Trustee, etc.

A beneficiary filed a petition for instructions as to
whether the “no contest” clause of his mother’s trust had
been violated after his sister sought to reform the trust to
eliminate his interest. The sister, in her capacity as trustee,
filed a special motion to strike the petition under Code of
Civil Procedure section 425.16 (the anti-SLAPP statute),
1
which the probat... More...
   $0 (10-09-2017 - CA)

Angie Christensen . Will Lightbourne, as Director, etc.

This appeal presents a narrow question about what counts as family income when
determining a family’s eligibility for cash aid under the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program. (Welf. & Inst. Code, §§ 11200 et
seq.)1

Here, a CalWORKs applicant, Angie Christensen, lives with her husband and her
children. Her husband is the noncustodial... More...
   $0 (10-07-2017 - CA)

Bowie County Courthouse - Texarkana, Texas

In December 2014, Dorothy Johnson applied to be named Independent Administrator of the relatively modest decedent’s estate of Bobby Ray Singleton, who had died apparently without a will and as a still-single widower. In late March 2016, at least in part supported by various affidavits apparently sponsored by Johnson, the County Court at Law of Bowie County entered two orders, one appointing Johnso... More...   $0 (09-23-2017 - TX)

United States of America v. Sylvia Toolie and Peggy Akeya Federal Courthouse - Anchorage, Alaska

Anchorage, AK - Sisters Sentenced for Embezzlement from Indian Tribal Government

Sylvia Toolie, 60, and her sister, Peggy Akeya, 57, of Savoonga, Alaska, were sentenced by Chief U.S. District Judge Timothy M. Burgess for embezzling funds from the Native Village of Savoonga (“Native Village of Savoonga” or “the Tribe”), which is located on St. Lawrence Island.

Toolie was sentenced... More...
   $0 (09-17-2017 - AK)

SPILLER MCPROUD V. CHARLES SILLER Ninth Circuit Court of Appeals - San Francisco, California

We address the bankruptcy code’s provision on claims for
pre-petition attorneys’ fees, 11 U.S.C. § 502(b)(4).
FACTS
Charles Siller has been litigating with his brothers over
his interest in the family business since 1982. The family
business, Siller Brothers, Inc., held among its assets some 500
pieces of real estate, and Siller owned 40% of the stock. By
2001, Siller B... More...
   $0 (09-15-2017 - CA)

Debra A. Roth v. Anice M. Plikaytis

Defendant Anice Plikaytis appeals from an order awarding her attorneys' fees in a
breach of contract action brought by plaintiff Debra Roth. In the published portion of the
opinion, we agree with Plikaytis's contention that the trial court erred when it declined to
consider previously filed documents she incorporated by reference as part of her motion.

* Pursuant to California... More...
   $0 (09-14-2017 - CA)

Susan S. Kennedy v. Res-GA Lake Shadow, L.L.C., Lake Shadow Limited, LLC, and William Kennedy Walton County Florida Courthouse - DeFuniak Springs, Florida

Susan S. Kennedy appeals an order denying her motion to vacate a writ of execution and sheriff’s deed issued on her Panhandle condominium. RES-GA Lake Shadow, LLC (RES-GA), brought proceedings supplementary to execution related to a money judgment against Ms. Kennedy’s former husband. Without impleading Ms. Kennedy into the case, RES-GA received a writ of execution and sheriff’s deed giving it a o... More...   $0 (09-06-2017 - FL)

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