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Escrow Law
 
National Viatrical, Inc. v. Universal Settlements International, Inc.

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

1

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

Page 2

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)

Exact Software North America, Inc. f/k/a Macola, Inc.

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

1

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)

Brian Nail v. Husch Blackwell Sanders, LLP

This is a legal malpractice case. Brian Nail (“Nail”) appeals the Circuit Court of Jackson County, Missouri‟s (“circuit court”) grant of summary judgment to respondent Husch Blackwell Sanders, LLP (“Husch”) on Nail‟s petition alleging legal malpractice. On appeal, Nail raises three claims of error: (1) that the circuit court used the wrong legal standard to address Nail‟s burden ... More...   $0 (05-21-2013 - MO)

United States of America v. Adley Abdulwahab

Adley H. Abdulwahab appeals his convictions and sentence for several crimes relating to an investment scheme that resulted in nearly $100 million in losses for investors. We reverse Abdulwahab’s convictions for money laundering but affirm the remainder of his convictions. Because we reverse the money laundering convictions, we vacate his sentence and remand for resentencing.

I.

Chr... More...
   $0 (04-30-2013 - VA)

United States of America v. Israel Weingarten

At his trial in 2009, Defendant-appellant Israel Weingarten was convicted by a jury in the United States District Court for the Eastern District of New York (John Gleeson, Judge) of two counts of transportation of a minor with intent to engage in criminal sexual activity, in violation of 18 U.S.C. § 2423(a), and three counts of travel with intent to engage in illicit sexual conduct, in violation ... More...   $0 (04-16-2013 - NY)

Scott A. Blum v. Merrill Lynch Pierce Fenner & Smith, Inc.

Scott A. Blum appeals a district court order granting KPMG LLP’s motion to intervene, and modifying a protective order so that a deposition transcript would be held in escrow rather than destroyed. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. I. Factual and Procedural Background In 2003, in a case that was removed to the Central District of California, Blum sued Merrill Lyn... More...   $0 (04-12-2013 - CA)

Sherry Dunlap v. Cindy Gayle

This is an appeal of a no-evidence/traditional summary judgment granted in favor of appellee, Cindy Gayle. By two issues, appellant, Sherry Dunlap, contends the trial

2

court erred in: (1) granting summary judgment, and (2) awarding damages to Gayle pursuant to a contractual liquidated damages provision. We affirm.

I. BACKGROUND

In November 2007, Dunlap and Gayl... More...
   $0 (04-11-2013 - TX)

SDM Holdings LLC et al v. Reassure America Life Insurance Company

SDM Holdings LLC et al sued Reassure America Life Insurance Company on a breach of insurance contract theory demanding payment in the amount of $175,000.00.

01/07/2013 101 ENTER ORDER. Per separate discussions with counsel for both parties on 1/5/13, the Court postponed the judicial settlement conference for a date/time to be determined. Entered by direction of Judge Robert Bacharach on ... More...
   $0 (04-09-2013 - OK)

Frank Keathley v. Corbitt Baker

Frank and Melissa Keathley appeal from an adverse judgment rendered on the jury’s verdict in favor of Corbitt Baker in the Keathleys’ suit arising from a real estate contract. In six issues, the Keathleys contend the trial court erroneously vacated a prior judgment, awarded attorney’s fees to Baker, failed to award attorney’s fees to the Keathleys, submitted certain jury questions, and dir... More...   $0 (04-04-2013 - TX)

Kirkwood, L.P. v. Gorman Management Company

Kirkwood, L.P. sued Gorman Management Company on a conversion theory claiming:

1. Kirkwood is an Oklahoma Limited Partnership. Kirkwoods sole general partner is Community Housing Concepts, Inc., a 501(c)(3) nonprofit corporation (“Community’t). Community’s mission — and, consequently, Kirkwood’s mission - is to preserve and enhance affordable housing opportunities for low and ve... More...
   $0 (03-31-2013 - OK)

Waste Connections of Kansas, Inc. v. Ritchie Corporation

This is a $550,000 price dispute arising out of plaintiff's right of first refusal to purchase a Wichita waste transfer station from defendant. The catalyst was a third-party's agreement to buy the transfer station and an adjoining landfill as a package deal or to buy the landfill alone.

The district court judge granted summary judgment to defendant Ritchie Corporation (Ritchie). A panel ... More...
   $0 (03-31-2013 - KS)

Wos, Secetary, North Carolina Department of Health and Human Services v. E.M.A.

The federal Medicaid statute’s anti-lien provision, 42 U. S. C. §1396p(a)(1), pre-empts a State’s effort to take any portion of a Medicaid beneficiary’s tort judgment or settlement not “designated aspayments for medical care,” Arkansas Dept. of Health and Human Servs. v. Ahlborn, 547 U. S. 268, 284. A North Carolina statute requires that up to one-third of any damages recovered by a ben... More...   $0 (03-30-2013 - NC)

State of Oklahoma ex rel. Edmonson v. Native Wholesale Supply

The State of Oklahoma ex rel Edmonson sued Native Wholesale Supply claiming it violated the Oklahoma Tobacco Master Settlement Agreement Complementary Act by selling cigarettes in Oklahoma without being on the approved list required for sales to the public. The cigarettes that were the subject to the lawsuit had been removed from the list in 2006.

The defenses asserted by the Defendant a... More...
   $47767795 (03-30-2013 - )

Arvest Bank v. Phillip Lloyd Lieberman

Arvest Bank sued Phillip Lloyd Lieberman and other on a breach of contract claiming:

1. The Plaintiff, Arvest Bank (“Arvest”), is an Arkansas Bank with several branches in Tulsa County, Oklahoma. Arvest purchased some of the assets of M&I Marshall & hley Bank, including some of the notes, mortgages and guaranties that are the subject of this action:

2. The Defendant, Phillip ... More...
   $0 (03-28-2013 - OK)

City of Freeport v. Briarwood Holdings, LLC

The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport

2

Economic Development Corporation (FEDC) to set aside a deed to real property from FEDC to the City and to have the real property conveyed to Briar... More...
   $0 (03-19-2013 - TX)

Robert Flynn v. Keller Williams, Inc.

This appeal arises from a take-nothing summary judgment rendered in favor of appellees, Keller Williams, Inc. (“Keller Williams”) and The Boehm Team. We affirm.

BACKGROUND

Appellants, Robert and Wian Flynn, own two properties in Boerne, Texas: 101 Shady Ridge and 309 River Ridge. The Flynns entered into a Residential Real Estate Listing Agreement to sell the house located at 101 ... More...
   $0 (03-13-2013 - TX)

Eric C. Rajala v. Robert H. Gardner

Plaintiff-Appellant Eric Rajala, Trustee of the bankruptcy estate of Generation Resources Holding Company, LLC (GRHC), appeals from the district court’s order granting motions to distribute (by Defendants-Appellees FreeStream Capital, LLC (FreeStream) and Lookout Windpower Holding Co., LLC (LWHC)) approximately $9 million held in escrow. This amount represents part of the purchase price of a win... More...   $0 (03-12-2013 - KS)

Esperanza Real Estate Investments, LLC v. Dequean J. Steele

Esperanza Real Estate Investments, LLC sued Dequean J. Steele and Dequean Steele on breach of contract theories claiming:

1. Plaintiff was at all times hereinafter mentioned and now is duly organized, existing and authorized to bring this action.

2. Upon information and belief, defendant Steele was at all times hereinafter mentioned, and now is, a single person.

3. On July 15,... More...
   $0 (03-10-2013 - OK)

Esperanza Rezl Estate Investments, LLC v. Dequean J. Steele

Esperanza Rezl Estate Investments, LLC sued Dequean J. Steele on a breach of contract theory claiming:

1. Plaintiff was at all times hereinafter mentioned and now is duly organized, existing and authorized to bring this action.

2. Upon information and belief, defendant Steele was at all times hereinafter mentioned, and now is, a single person.

3. On July 15, 2010, Steele... More...
   $93935 (03-09-2013 - OK)

Altrua Healthshare, Inc. v. Bill Deal

Appellant Altrua HealthShare appeals the district court’s decision affirming the Idaho Department of Insurance’s (Department) determination that Altrua transacted insurance without a certificate of authority in violation of I.C. § 41-305. Altrua argues that both the Department and the Ada County district court erred in finding that Altrua was an insurer because Altrua never assumed the risk o... More...   $0 (02-25-2013 - ID)

Adriana Berneike v. Citimortgage, Inc.

Adriana Berneike (Berneike) appeals the district court’s dismissal pursuant to Rule 12(b)(6) of her Real Estate Settlement Procedures Act (RESPA), Utah Consumer Sales Protection Act (UCSPA), and breach of contract claims asserted against CitiMortgage, Inc. (Citi). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

On January 13, 2010, Berneike faxed twenty-eight different l... More...
   $0 (02-25-2013 - UT)

Brent Hutton v. Fidelity National Title Company

Plaintiff Brent Hutton sued defendant Fidelity National Title Company, the escrow company used in plaintiff‟s refinance of his home loan, for allegedly charging a notary fee in excess of the amount permitted by Government Code section 8211.20 Under that statute, a notary may charge only $10 per signature for “taking an acknowledgment.”21 Since only two acknowledgments were taken by the notar... More...   $0 (02-22-2013 - CA)

Brent Hutton v. Fidelity National Title Company

Plaintiff Brent Hutton sued defendant Fidelity National Title Company, the escrow company used in plaintiff‟s refinance of his home loan, for allegedly charging a notary fee in excess of the amount permitted by Government Code section 8211.1 Under that statute, a notary may charge only $10 per signature for “taking an acknowledgment.”2 Since only two acknowledgments were taken by the notary ... More...   $0 (01-31-2013 - CA)

Okon Eyo Onyung, M.D. v. Comfort Nkasi Onyung

Appellants Okon Eyong Onyung, M.D., The Law Offices of Yuen & Associates, P.C., The Law Offices of Yuen & Associates, PLLC, and Xenos Yuen appeal from a final judgment entered on two cases that were consolidated for a trial by jury. In one of the cases, Dr. Onyung sued appellees Comfort Nkasi Onyung (Dr. Onyung’s wife, hereinafter referenced as Mrs. Onyung), Christine Enebong Onyung (the Onyungs... More...   $0 (01-31-2013 - TX)

Ken Hoagland v. Bill Butcher

In two issues, appellant Ken Hoagland challenges the trial court’s order granting appellees’ special appearance and dismissing the underlying case. We hold Hoagland pleaded jurisdictional facts that appellees committed tortious acts in Texas and appellees did not present evidence negating every basis for jurisdiction. We thus reverse the trial court’s order and remand this case for further p... More...   $0 (01-26-2013 - TX)

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