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Fraud Law
 
Melanie Leigh Wallace v. Gregory Angus McFarlane

Melanie Leigh Wallace appeals the trial court’s final decree of her divorce from Gregory Angus McFarlane, complaining that the trial court (1) effectively granted her motion for new trial and motion to vacate the December decree when it ordered the parties to arbitration in March 2010; (2) erred and abused its discretion

2

by signing over her objections, a final divorce decree whic... More...
   $0 (08-23-2013 - TX)

William H. Chastain v. Dewey J. Chastain

This appeal and cross-appeal challenge the attorney’s fees awarded to the parties following a lawsuit filed by Appellants/Cross-Appellees against

2

Appellees/Cross-Appellants. Both sides raise several issues in this proceeding, only three of which merit discussion. For the reasons that follow, we reverse both awards and remand for further proceedings.

Appellant/Cross-Appelle... More...
   $0 (08-23-2013 - FL)

Fred Samson v. James Alexander Ghadially

Fred Samson sued an attorney, James Alexander Ghadially, after Ghadially declined to file a medical malpractice lawsuit against Samson‘s former surgeon. The trial court signed a summary judgment for Ghadially, and Samson appeals. We affirm.

2

BACKGROUND

Samson alleged in his first amended petition (the live pleading) that he met with Ghadially in 2008 about a potential... More...
   $0 (08-20-2013 - TX)

George Fleming v. Tammylern Curry

In these consolidated appeals, we review the summary judgments granted to several hundred plaintiffs on their breach-of-fiduciary-duty claims against the attorney and law firm that represented them in their personal-injury claims arising from their use of diet drugs. The law firm screened tens of thousands of clients for eligibility to opt out of a class-action settlement and pursue personal-injur... More...   $0 (08-20-2013 - TX)

David Hildes v. Arthur Andersen, L.L.P.

David Hildes appeals from a district court order denying leave to amend his complaint. Hildes sought to add a claim under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k, against former outside directors of Peregrine Systems, Inc. (“Peregrine”). The district court concluded that

HILDES V. ARTHUR ANDERSEN LLP

amendment would be futile because the “negative causati... More...
   $0 (08-20-2013 - CA)

Jennifer Pratt v. Joseph Petelin, M.D.

Mrs. Jennifer Pratt sued Joseph Petelin, M.D. for medical negligence. The district court submitted four factual theories of negligence to the jury, which returned a general verdict against Dr. Petelin in the amount of $153,000. Dr. Petelin appeals, claiming three of the four factual contentions submitted to the jury were unsupported by sufficient evidence. We hold that Dr. Petelin waived this argu... More...   $153000 (08-20-2013 - KS)

Randall Lee Haler v. Boyington Capital Group, Inc.

Appellee Boyington Capital Group, Inc. sued appellant Randall Lee Haler asserting a number of causes of action. A jury found in Boyington’s favor on its theories of fraud, fraudulent inducement, fraud by non-disclosure, conversion, breach of fiduciary duty, conspiracy, and breach of the Texas Theft Liability Act (TTLA) and the Texas Deceptive Trade Practices Act. Under each theory, the jury foun... More...   $0 (08-18-2013 - TX)

Mid-Continent Casualty Company v. Robert E. Krolczyk

In this agreed interlocutory appeal, we must determine whether the insurer, Mid-Continent Casualty Company, owed its insured, Robert Krolczyk, a duty to defend in a suit involving damage to a road built by Krolczyk. Mid-Continent contends that it had no duty to defend because two exclusions in its commercial general liability policy barred insurance coverage. Because the allegations potentially su... More...   $0 (08-17-2013 - TX)

Joyce Hopes-Fontenot v. Farmers New World Life Insurance Company

Appellant Joyce Hopes-Fontenot sued appellee Farmers New World Life Insurance Company for failing to pay her a disability benefit of $50,000 under a life insurance policy she purchased for her daughter. Farmers filed a motion for summary judgment, arguing that the insurance policy did not provide for a $50,000 payment in the event that the purchaser of the policy becomes disabled and that the clai... More...   $0 (08-17-2013 - TX)

California Bank & Trust v. Piedmont Operating Partnership

“In 1989, Congress enacted the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, which is often referred to by the acronym FIRREA, and is codified at title 12 United States Code section 1821(d) . . . .” (Neman v. Commercial Capital Bank (2009) 173 Cal.App.4th 645, 648.) FIRREA “was designed to provide for takeovers of failed federally insured banking institutions” and ... More...   $0 (08-16-2013 - CA)

California Science Center v. State Personnel Board

Rudy Arellanes appeals the trial court‘s grant of a petition for writ of mandate by the California Science Center (Center) seeking to reverse the decision of the State Personnel Board (SPB) overturning Arellanes‘s termination. The trial court also denied Arellanes‘s petition for writ of mandate seeking reinstatement. We conclude that the administrative law judge (ALJ) and the SPB erred in ex... More...   $0 (08-16-2013 - CA)

Raymond Brackett v. Cable Motors, Inc. d/b/a Cable Volkwagen

Raymond Brackett and Sarah Brackett sued Cable Motors, Inc. d/b/a Cable Volkwagen on an auto negligence theory claiming:

1. That the Defendant, an Oklahoma Corporation, was at the time of the filing of this Petition, a resident of Oklahoma County with its principal place of business in Oklahoma County, and Plaintiffs were residents of Pace, Santa Rosa County, Florida;

2. That the... More...
   $1 (08-15-2013 - OK)

Eric Walker v. Builddirect.com Technologies, Inc.

Under Tenth Circuit Rule 27.1 the United States Court of Appeals for the Tenth Circuit submits to the Supreme Court of Oklahoma this request that the court exercise its discretion under Okla. Stat. tit. 20, § 1602 (1997), to accept the following certified question of Oklahoma law:

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled ... More...
   $0 (08-15-2013 - OK)

Debbie Bruer v. Sanodz, Inc.

Debbie Bruer sued Sanodz, Inc., Alza Corporation,Janssen Pharmaceutica Products, L.P., Janssen Pharmaceutica, Inc., Janssen, L.P., Johnson & Johnson, Inc., and Ortho-McNeil-Janssen Pharmaceuticals, Inc. on product liability theories claiming:

1. Plaintiff Debbie Bruer is an individual and citizen of the state of Oklahoma. Plaintiff Debbie Bruer is the Next of Kin of Jimmy Stuckey, decease... More...
   $1 (08-15-2013 - OK)

Julio Ramos, M.D. v. Kewanee Hospital

¶ 1 Plaintiff, Julio Ramos, M.D., filed a three-count second amended complaint against defendant, Kewanee Hospital (the hospital), seeking injunctive relief, a declaration that the hospital improperly summarily suspended his privileges, and damages arising from the summary suspension. Plaintiff voluntarily dismissed his second amended complaint, then filed the current action six weeks later. Foll... More...   $0 (08-13-2013 - IL)

Stovall & Associates, P.C. v. Hibbs Financial Center, LTD

This is a dispute between landlord, Hibbs Financial Center, Ltd (HFC), and its tenant, Stovall and Associates, P.C. In two issues, we must determine whether HFC is entitled to (1) summary judgment on its claim for breach of a lease agreement as a result of Stovall’s alleged failure to pay rent and (2) reasonable attorney’s fees. Stovall challenges HFC’s summary-judgment evidence and the tria... More...   $0 (08-13-2013 - TX)

Eric W Brauss, Christine Brauss, et al v. Nixdorf Parties

This case results from the downfall of a real estate empire built by W. Eric Brauss through a complex web of real estate limited partnerships involving hundreds of investors and creditors. When some of the investors began to realize the empire was crumbling, Brauss fired all the employees at his management company, Today Realty Advisors, Inc. (TRA), and left the country. Several lawsuits were file... More...   $0 (08-13-2013 - TX)

Tamer Salameh v. Tarsadia Hotel

A transaction that looks nothing like a sale of stock and involving such diverse items as citrus groves and vacation homes may qualify as a sale of a security under federal law. See SEC v. W.J. Howey Co., 328 U.S. 293 (1946); Hocking v. Dubois, 885 F.2d 1449 (9th Cir. 1989) (en banc). Here, we must decide whether Plaintiffs-Appellants have alleged the sale of a security based on their purchase of ... More...   $0 (08-13-2013 - CA)

Richard Dutcher v. Stuart T. Matheson

Although this case presents significant questions regarding the interaction of federal banking and state foreclosure laws, our focus is upon a more fundamental question: whether the district court even had jurisdiction to consider the issues raised. Plaintiffs1 filed a class-action lawsuit in state court, alleging that the defendants2—including ReconTrust, a Texas-based national bank—had
More...
   $0 (08-13-2013 - UT)

John Phillips v. Randy J. Harrington

John Phillips and Deborah Phillips sued Randy J. Harrington, Darren W. Lee, Charles McClain, Mid-American Bigfoot Research Center, Lost Horizon Computers and Doe No through Doe No. 100 on libel and slander theories claiming:

1. Plaintiffs are each residents of Broken Arrow, Tulsa County, Oklahoma.

2. Defendant Randy J. Harrington (“Harrington”) is a resident of Leavenworth County... More...
   $1 (08-12-2013 - OK)

Janat Nansamba v. North Shore Medical Center, Inc.

When litigation goes awry, lawyers sometimes scramble to find a scapegoat. So it is here: having conspicuously failed to protect the record, the plaintiff's lawyers attempt to shift the blame to their opposing counsel. Concluding, as we do, that this diversionary tactic lacks force, we affirm the district court's denial of the plaintiff's motion for relief from judgment.

I. BACKGROUND
<... More...
   $0 (08-12-2013 - MA)

Blue Cross Blue Shield of Minnesota et al v. Wells Fargo Bank, N.A.

Blue Cross Blue Shield of Minnesota and others sued Wells Fargo & Company on a securities law violation and fraud theories claiming that they suffered financial losses as a result of mismanagement of a securities lending program. The Plaintiffs claimed that the bank put its own interest instead of the nonprofit investors and wasn't honest about how risky the program was.

Wells Fargo de... More...
   $0 (08-11-2013 - MN)

Jamie Clarke v. Joseph Abate, M.D.

¶ 1. REIBER, C.J. In this civil action alleging sexual assault and battery and intentional or reckless infliction of emotional distress by a medical doctor during the course of his treatment of a high school female athlete, plaintiff appeals the superior court’s grant of summary judgment to defendant based on the six-year statute of limitations applicable to childhood sexual abuse... More...   $0 (08-09-2013 - VT)

Jennifer Smith v. New Mexico Department of Health

Jennifer Smith sued the State of New Mexico on a wrongful termination theory claiming to have been harassed for pointing out that federal funds were being misspent. She claimed that the New Mexico Department of Health misspent AIDS Services Program funds. She claimed that the State of New Mexico violated the Whitleblower Protection Act and Fraud Against the Taxpayers Act by retaliating against he... More...   $165000 (08-09-2013 - NM)

Phillip R. Corvello v. Wells Fargo Bank, N.D.

The U.S. Department of the Treasury, acting under the direction of Congress, launched the Home Affordable Modification Program (“HAMP”) in 2009 to help distressed homeowners with delinquent mortgages, but the program seems to have created more litigation than it has happy homeowners. The issue we must decide is whether a bank was contractually required to offer the plaintiffs a permanent mortg... More...   $0 (08-09-2013 - CA)

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