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Equity Law
 
Larisa's Home Care, LLC v. Karen Nichols-Sheilds

The issue presented is whether an adult foster care
provider claiming unjust enrichment may recover the reasonable
value of its services from a defendant who, through
fraud, obtained a lower rate from the provider for the services.
We conclude that, generally, a defendant who obtains
discounted services as a result of fraud is unjustly enriched
to the extent of the reasonab... More...
   $0 (11-09-2017 - OR)

Francisco Diaz v. Professional Community Management, Inc.

A “sharp practice” is defined as a “dealing in which advantage is taken or
sought unscrupulously.” (Webster’s 3d New Internat. Dict. (2002) p. 2088.) This is an
appeal borne of sharp practices.
Defendant Professional Community Management, Inc. (PCM), unilaterally
orchestrated the issuance of an appealable order by: (1) applying ex parte, a mere 11 days
before trial, for an orde... More...
   $0 (11-09-2017 - CA)

State of Washington v. Evergreen Freedom Foundation, d/b/a Freedom Foundation Thurston County Courthouse - Olympia, Washington

The State of Washington appeals the CR 12(b)(6) dismissal of its regulatory enforcement action against the Evergreen Freedom Foundation (the Foundation). The State filed suit after learning from a citizen complaint that the Foundation had provided pro bono legal services in support of local initiatives in Sequim, Chelan, and Shelton without reporting the value of those services to the Public Discl... More...   $0 (11-07-2017 - WA)

United States of America v. Nicholas A. Borgesano Jr. and owner of A to Z Pharmacy of New Port Richey Middle District of Florida Federal Courthouse - Tampa, Florida

Tampa, FL - Owner of Florida Pharmacy Pleads Guilty in $100 Million Compounding Pharmacy Fraud Scheme; Real Properties, Cars and a 50-Foot Boat Will Be Forfeited

The president and owner of a Florida pharmacy that was at the center of a massive compounding pharmacy fraud scheme, which impacted private insurance companies, Medicare and TRICARE, pleaded guilty on November 6, 2017 for his rol... More...
   $0 (11-07-2017 - FL)

Saefaldin Rahmati and Abdul Saeed Assadi Rahmati v. AJBJK, L.L.P. Fort Bend County Courthouse - Richmond, Texas

Appellants, Saefaldin Rahmati and Abdul Saeed Assadi Rahmati (collectively, “the Rahmatis”), challenge the trial court’s judgment, rendered after a trial to the court, in favor of appellee, AJBJK, L.L.P., in its suit against them for a
2
declaratory judgment, a permanent injunction, and damages. In three issues, the Rahmatis contend that the evidence supporting the trial court’s declarator... More...
   $0 (11-06-2017 - )

Troy Flowers v. Financial Industry Regulatory Authority, Inc.

In the period between 2000 and 2001, plaintiff and appellant Troy Flowers's
application for a securities sales license was rejected by Ohio state officials because they
found that he was "not of 'good business repute.' " In addition, Flowers was subjected to
discipline by securities regulators with respect to his violation of securities laws and
2
regulations and his failure t... More...
   $0 (11-05-2017 - CA)

Arthur Clemens, Jr. v. Centurylink, Inc. and QWest Corporation Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Arthur Clemens, Jr., sued his employer Qwest Corporation (“Qwest”) for Title VII violations. A jury awarded damages for back pay and emotional distress, as well as punitive damages. On appeal, Clemens challenges the district court’s refusal to consider adjusting his lump-sum back-pay award to account for the corresponding increase in his tax liability. We have jurisdiction under 28 U.S.C. § 1291. ... More...   $0 (11-03-2017 - WA)

Tammy Fernandez v. Raj Singh

Tammy Fernandes successfully sued vexatious litigant Raj Singh and his wife
Kiran Rawat individually and as trustees of the Sita Ram--or “Sitaram”--Trust (Trust), for
wrongful eviction and related claims. She obtained an award of compensatory and
punitive damages, as well as costs and attorney fees. All defendants filed a joint notice of
2
appeal through counsel. While Rawat a... More...
   $0 (11-03-2017 - CA)

JORGE YARUR BASCUÑÁN, ET AL. v. DANIEL YARUR ELSACA, ET AL. Second Circuit Court of Appeals - New York, New York

The question presented in this appeal is whether the plaintiffs
have plausibly alleged “a domestic injury” to their business or
property within the meaning of Section 1964(c) of the Racketeer
Influenced and Corrupt Organizations Act (“RICO”), the provision
commonly referred to as civil RICO.1 This question is one of first
impression—in this (or any) Court of Appeals—arising fro... More...
   $0 (11-02-2017 - NY)

Antony Lee Turbeville v. Financial Industry Regulatory Authority Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Before us is the District Court’s dismissal of Antony Turbeville’s complaint
against the Financial Industry Regulatory Authority (“FINRA”) and its denial of
Turbeville’s motion to remand the case to Florida state court. We affirm both.
I.
A.
The Securities Exchange Act of 1934 (“Exchange Act”) provides that
persons who wish to use any instrumentality of interstate commerce ... More...
   $0 (11-01-2017 - FL)

Hope Kerr v. Commissioner of Social Security Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Plaintiff-Appellant Hope Kerr (on behalf of
her deceased husband Hank W. Kerr) appeals the judgment of a United States Magistrate Judge
>
No. 16-6673 Kerr v. Comm’r of Soc. Sec. Page 2
denying as moot her motion under Federal Rule of Civil Procedure 59(e). In April 2015, Kerr
sought judicial review of the final decision of the Acting Commissioner of the Social Security
Admi... More...
   $0 (11-01-2017 - KY)

STATE OF IOWA vs. BRIAN PATRICK CLEMENS Iowa Supreme Court

On the afternoon of May 21, 2011, L.P. informed Oskaloosa police that Clemens had been in a physical altercation with her and had threatened her. L.P. also reported seeing a handgun in the center console of Clemens’s truck. Clemens left the scene before police arrived. Based on a law enforcement bulletin, the Iowa State Patrol located Clemens outside of his hometown of Ottumwa. At that time, h... More...   $0 (10-31-2017 - IA)

State of Iowa v. Brian Patrick Clemens Iowa Supreme Court

What is a “criminal case”? Today, we are asked to answer this seemingly simple question in the context of Iowa’s recently enacted expungement law. That law mandates expungement of the record when “[t]he criminal case contains one or more criminal charges in which an acquittal was entered for all criminal charges, or in which all criminal charges were otherwise dismissed.” Iowa Code § 901C.2(1)(a)(... More...   $0 (10-27-2017 - IA)

Steven Wormald and Elizabeth Anne Wormald v. Norman Villarina, Doug Wertheimer, Aaron Snegg and McGuffy Credit Facility 1, L.L.C. Fort Bend County Courthouse - Richmond, Texas

This accelerated appeal of the granting of three special appearances arises out of a borrower-lender dispute. After the lender, a limited liability company, brought a collection suit against the borrowers and guarantors, the guarantors filed a counterclaim against the lender and filed various claims against others. The
2
guarantors now challenge the trial court’s granting of the special ap... More...
   $0 (10-27-2017 - OK)

SAS Institute, Inc. v. World Programming Limited Fourth Circuit Court of Appeals Courthouse

SAS Institute (SAS) and World Programming Limited (WPL) are competitors in the market for statistical analysis software. SAS alleges that WPL breached a license agreement for SAS software and violated copyrights on that software. We agree with the district court that the contractual terms at issue are unambiguous and that SAS has shown that WPL violated those terms. We thus affirm the district cou... More...   $0 (10-24-2017 - OK)

Makah Indian Tribe v. Quileute Indian Tribe Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Who would imagine that more than 150 years after the Treaty of Olympia (the “Treaty”) was signed between the United States and the Quileute and Quinault tribes, we would be asked to determine whether the “right of taking fish” includes whales and seals? Although scientists tell us sea mammals are not fish,1 these appeals ask us to go back to the 1855 treaty negotiation and signing and place oursel... More...   $0 (10-23-2017 - WA)

James W. Paulsen v. Ellen A. Yarrell Harris County Courthouse - Houston, Texas

This is an appeal from a take-nothing final summary judgment rendered in favor of appellee Ellen A. Yarrell on appellant James W. Paulsen’s defamation claims. Paulsen challenges the trial court’s denial of a motion to dismiss, which attempted to invoke the Texas Citizens Participation Act. See TEX. CIV. PRAC. & REM. CODE §§ 27.001–.011. Paulsen also argues that summary judgment was improper becaus... More...   $0 (10-14-2017 - TX)

Paul Satterfield v. District Attorney of Philadelphia Co0unty; Attorney General of Pennsylvania; Secretary Pennsylvania Department of Corrections Third Circuit Court of Appeals - Philadelphia, Pennsylvania

Society views the conviction of an innocent person as
perhaps the most grievous mistake our judicial system can
commit. Reflecting the gravity of such an affront to liberty,
the “fundamental miscarriage of justice” exception has evolved
to allow habeas corpus petitioners to litigate their
constitutional claims despite certain procedural bars if the
petitioner can make a cre... More...
   $0 (10-13-2017 - PA)

Jet Suite, Inc. v. County of Los Angeles

Due process prohibits a state from imposing a tax on the
full value of personal property if other states also have the right
to tax that property, and whether those states have that right
turns on whether that property has “situs” in those other states.
(Central R. Co. v. Pennsylvania (1962) 370 U.S. 607, 611-614
(Central); Flying Tiger Line, Inc. v. County of Los Angeles (1958... More...
   $0 (10-11-2017 - CA)

In re the Marriage of Minerva and Cesar Kalinawan, Minerva Kalinawan v, Cesar Kalinawan

Appellant Cesar Kalinawan challenges the trial court’s order dismissing Cesar’s
request for a finding of nullity of marriage in respondent Minerva Kalinawan’s action for
a dissolution of marriage. He contends that the court erred in granting Minerva’s in
limine motion and dismissing his request based on its conclusion that he was estopped
from challenging the validity of Minerva’s ... More...
   $0 (10-10-2017 - CA)

Charles D. Wallace v. Hattie Leslie Wallace

Charles D. Wallace and Hattie Leslie Wallace1 were divorced on January 8, 2006. The agreed divorce decree awarded both Charles and Hattie fifty percent ownership, as tenants in common, of a house and lot located at 706 Carpenter Drive, Garland, Texas (the Property), and provided a procedure for the sale of the Property. After Charles’s death on April 8, 2016, Hattie filed this suit to enforce the ... More...   $0 (10-09-2017 - TX)

Redflex Traffic Systems, Inc. v. James H. Watson

Chapter 707 of the transportation code authorizes local governments to implement photographic traffic signal enforcement systems, commonly referred to as red-light cameras, within their jurisdictions and to assess a civil penalty against the owner of a motor vehicle that runs through a red traffic light in
1See Tex. R. App. P. 47.4.
2
violation of the applicable traffic laws. See Tex. ... More...
   $0 (10-05-2017 - TX)

City of Dallas v. Leslie Papierski Dallas County Courthouse - Dallas, Texas

Appellee Leslie Papierski sued the City of Dallas after she slipped and fell on a puddle of
water inside the Kay Bailey Hutchison Convention Center arena. The City filed a plea to the
jurisdiction asserting immunity under the Texas Tort Claims Act. The trial court denied the
City’s plea to the jurisdiction. On appeal, the City argues the trial court erred by denying its plea
to the... More...
   $0 (10-05-2017 - TX)

Thomas Larsen v. Citibank, FSB Southern District of Florida Federal Courthouse - Miami, Florida

Plaintiff David Johnson filed a putative class-action suit against Defendant KeyBank National Association in 2010, alleging that KeyBank improperly manipulated the order of debit card transactions in customer accounts in order to maximize collection of overdraft fees. This appeal relates not to the substance of Johnson’s suit but to the enforceability of an arbitration provision contained in the a... More...   $0 (10-01-2017 - FL)

DRK Photo v. McGraw-Hill Global Education Ninth Circuit Court of Appeals Courthouse - San Francisco, California

For over 22 years, Plaintiff Gilbert Hyatt has contested
in administrative proceedings a California Franchise Tax
Board ruling that he owed close to $7.4 million in taxes,
penalties, and interest. This initial deficiency, compounding
daily with 3% interest, grew to over $55 million at the time
he filed his complaint in this case. The taxes were assessed
on income he earned ... More...
   $0 (09-29-2017 - )

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