Plaintiffs-Appellants National Viatical, Inc. and James Torchia (respectively, “NVI� and “Torchia�) challenge the district court’s

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No. 12-2262 Nat’l Viatical Inc., et al. v. Universal Settlements Int’l, Inc.

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1Specifically, the amount was to be paid in four installments, including a balloon payment at the end of twelve months.

______________... More...   $0 (05-23-2013 - MI)

This software-licensing dispute became more intriguing after the parties settled it. On the eve of settlement, Infocon, a software distributor, fired its lawyer, J. Fox DeMoisey. Hoping to ensure that he got paid for his

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No. 12-3538 Exact Software N. Am., Inc. v. Infocon Sys., Inc. Page 2

work, DeMoisey placed a charging lien on the settlement proceeds. Exact delivered the $... More...   $0 (05-23-2013 - OH)

This case is a derivative shareholder suit brought by appellants, Chris Thygesen and Bruce W. Derrick, Derivatively on Behalf of ClearMediaOne, Inc. and its Shareholders, against appellees, Robert F. Strange, Jr., Robert J. Viguet, Jr.,

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and Thompson & Knight, LLP. In three issues, appellants contend the trial court erred by rendering a take-nothing judgment on the jury’s verdict ... More...   $0 (05-22-2013 - )

The Board of Managers (Board) of the Brentwood Forest Condominium Association (Association) appeals the trial court’s declaratory judgment in favor of unit-owner Sterling Investment Group (Sterling). We reverse and enter judgment in favor of the Board pursuant to Rule 84.14.

Background

The Board is the governing body of the Association, which comprises 1,425 condo units. Sterli... More...   $0 (05-21-2013 - MO)

In an attempt to avert the foreclosure of her home, plaintiff Susan Young sought to modify the terms of her mortgage pursuant to the Home Affordable Modification Program ("HAMP"), a federal initiative that incentivizes lenders and loan servicers to offer loan modifications to eligible homeowners. When Young's efforts did not result in a permanent loan modification, she sued defendants Wells Fargo... More...   $0 (05-21-2013 - MA)

Barrington Humphrey is the named defendant in a mortgage foreclosure suit filed by Deutsche Bank National Trust Co. On Humphrey's motion, the circuit court quashed the service of process on him. In its order, the circuit court also directed Humphrey to provide his current address to the Bank. Humphrey challenges this

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provision on appeal. The Bank has neither appealed the quasha... More...   $0 (05-17-2013 - FL)

Diane Jenkins (Jenkins) requests the reversal of the trial court‘s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank N.A. (Chase) and Bank of America, N.A. (B of A) and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a ... More...   $0 (05-17-2013 - CA)

In this case we consider whether a municipal ordinance may validly establish superpriority status for municipal code enforcement liens. In City of Palm Bay v. Wells Fargo Bank, N.A., 57 So. 3d 226 (Fla. 5th DCA 2011), the Fifth District Court of Appeal concluded that such an ordinance superpriority provision is invalid because it conflicts with a state statute and that the City’s lien accordingl... More...   $0 (05-16-2013 - FL)

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from ... More...   $0 (05-15-2013 - SC)

D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r... More...   $0 (05-15-2013 - IA)

White Enterprises, Ltd. protested valuations of its real estate for tax assessment purposes in 2010 and 2011, which protests were rejected by the board of review. White Enterprises appeals from the district court’s dismissal of its consolidated petitions protesting the assessments. Because the taxpayer failed to prove the assessments were excessive or inequitable, we affirm.

I. Scope and ... More...   $0 (05-15-2013 - IA)

In 2008, the Borough of Palmyra (“Palmyraâ€�) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAIâ€�), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust, 889 F. Supp. 2d 275 (D.R.I. 2012). The district court found that the defendant, The P. Bowie 200... More...   $0 (05-13-2013 - RI)

1. Plaintiff Clifton Dale Boyer, Jr. (“Plaintiff’) is a resident of Tulsa County, Oklahoma.

2. Defendant Harold Dean Lehman is an individual resident of Tulsa County, Oklahoma. -,.,

3 Defendant Glenda Hawkins is an individual and resident of Tulsa County, Oklahoma

4. All acts complained of herein occurred in Tulsa County, Oklahoma and therfore
jurisdiction and ve... More...   $1 (05-10-2013 - OK)

Defendant Dawn Quang Tran pleaded not guilty by reason of insanity (NGI) to a sexual offense and was committed to a state mental hospital for treatment. (Pen. Code, § 1026.5, subd. (a).)1 Before the commitment expired, the Santa Clara County District Attorney filed a petition to extend it. (§ 1026.5, subd. (b).) At that time, the trial court was required to “advise the person named in the peti... More...   $0 (05-10-2013 - )

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entitiesâ€� in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial ... More...   $0 (05-09-2013 - CA)

Michael Dobek ("Dobek") appeals the final summary judgment entered in favor of the City of Minneola (the "City"). The trial court determined that a Release and Settlement Agreement (the "Release") was a complete bar to Dobek's lawsuit against the City. Dobek alleges that the trial court erred because there is a latent ambiguity in

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the Release that creates an issue of fact, which wo... More...   $0 (05-08-2013 - FL)

In this action for injunctive relief to compel compliance with insurance purchase provisions of a declaration and protective covenants of a homeowners association, the trial court denied appellants’ motion for relief from final judgment. The appellants claimed that the complaint failed to state a cause of action, and, therefore, the judgment is void and should have been vacated. We affirm, as th... More...   $0 (05-08-2013 - OK)

Kenneth W. Hall and Roberta Hall brought suit against Deutsche Bank Trust Company, N.A. a/k/a Deutsche Bank National Trust Company (Deutsche), the lienholder of the home equity loan secured by their property. Among other things, the Halls claimed that the original lender from whom Deutsche had been assigned the Halls’ note and lien had not followed the procedures required by the Texas Constituti... More...   $0 (05-06-2013 - TX)

The Interstate Land Sales Full Disclosure Act (“ISLAâ€�), 15 U.S.C. § 1701 et seq., “protects individual buyers or lessees who purchase or lease lots in large, uncompleted housing developments, including condominiums, by mandating that developers make certain disclosures.â€� Bacolitsas v. 86th & 3rd Owner, LLC, 702 F.3d 673, 676 (2d Cir. 2012). The question presented in this appeal is whether... More...   $0 (05-06-2013 - NY)

1. This is an action for premises liability, negligence and breach of contract related to the bodily injury of Plaintiff occurring on the premises located at 5727 South Lewis Ave., Tulsa, Oklahoma.

2. Plaintiff is now and was at all times relevant to this incident, a resident of Tulsa
County, Oklahoma.

3. Defendant, TIG Real Estate Services (“TIGâ€�), based on information a... More...   $1 (05-05-2013 - OK)

1. Plaintiff is an individual who resides in Tulsa County, Oklahoma.

2. Based upon information and belief, Defendant is an individual who resides in Tulsa County, Oklahoma.

3. The incident given rise to this lawsuit occurred in Tulsa County, Oklahoma. Therefore, this Court has jurisdiction and venue over the parties and subject matter thereof.

4. On October 6, 2011, Plai... More...   $1 (05-03-2013 - OK)

A jury found that Raytheon Company (“Raytheonâ€�) willfully violated the Age Discrimination in Employment Act (“ADEAâ€�), 29 U.S.C. § 621 et seq., and the Texas Commission on Human Rights Act (“TCHRAâ€�), TEX. LAB. CODE § 21.001 et seq., by terminating Richard Miller (“Millerâ€�) because of his age. The district court denied Raytheon’s motion for judgment as a matter of law (“JMOLâ€�... More...   $0 (05-03-2013 - TX)

Arman A. Shafighi sued Texas Farmers Insurance Company (Farmers) when it denied his claim for fire damage to his house. The trial court granted summary judgment to Farmers, concluding that Shafighi could not recover because he failed to participate in a sworn examination as part of Farmers’ investigation. Because the insurance policy at issue permits Farmers to abate the case until Shafighi comp... More...   $0 (05-02-2013 - TX)

We are presented here with issues arising out of the expansion of the City of Moorhead and the decision of the City to provide municipal electrical service to recently annexed territory. The City annexed Americana Estates, a residential subdivision with 65 metered electric service accounts. The City then filed a condemnation petition to begin municipal electric service to residents of Americana Es... More...   $0 (05-02-2013 - MN)