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Fraud Law
Sandra P. Bernstein and Heidi R. Powell, d/b/a Heights Contemporary Fine Arts Gallery v. James Adams, Claire Richards, Michael Tolleson, Mi Wang, and Adams-Ferro, Inc.

Appellants Sandra P. Bernstein and Heidi R. Powell, d/b/a Heights Contemporary Fine Arts Gallery, appeal from a default summary judgment entered


against them in favor of the appellee artists who entrusted Powell and Bernstein with the sale of their artwork. Powell and Bernstein argue that the trial court erred by denying their motion to set aside the judgment because they allegedly... More...
   $0 (08-29-2013 - TX)

Pius Okafor, John Okafor, Jenny Ogadi, Nelson Ilodigwe, Sylvester Arubaleze and Anambra State Community in Houston v. Anambra State Community, Houston

This appeal arises from a dispute over control of assets belonging to an association of Nigerian expatriates. Particularly at issue is the right to $9,150


transferred from one bank account to another in the midst of a leadership crisis, which led to the creation of separate entities which both laid claim to the funds. The trial court resolved this dispute by ruling on cross-motions... More...
   $0 (08-29-2013 - TX)

Maria Antonia Pulido v. Evangelina Esther Gutierrez Gonzalez

Maria Antonia Pulido appeals the trial court’s grant of summary judgment in favor of appellee Evangelina Esther Gutierrez Gonzalez in Pulido’s suit to set aside the warranty deed conveying her homestead to her caretaker, Gonzalez. We


reverse the trial court’s grant of summary judgment with respect to Pulido’s forgery allegation, cancellation of the notice of lis pendens, de... More...
   $0 (08-29-2013 - TX)

Christus Health Gulf Coast v. Linda G. Carswell

Linda G. Carswell sued CHRISTUS Health Gulf Coast (as an entity, d/b/a CHRISTUS St. Catherine Hospital and formerly d/b/a CHRISTUS St. Joseph


Hospital) (“Christus”) for negligence after her husband, Jerry Carswell, died at CHRISTUS St. Catherine Hospital (“St. Catherine”) in January 2004. Carswell also asserted claims for post-mortem fraud, breach of fiduciary duty, and neg... More...
   $0 (08-29-2013 - TX)

Helen Hatchett v. W2X, Inc.

¶ 1 This appeal arises from the November 1, 2010 order entered by the circuit court of Cook County, which granted a directed finding against the plaintiff, Helen Hatchett (Helen), and in favor of the defendants, Avalon Betts-Gaston (Attorney Gaston)1 and The Bank of New York Mellon Trust Company (BONY), and which entered a default judgment against Warren Jackson (Jackson)2 and in favor of Helen i... More...   $0 (08-28-2013 - IL)

Siegel Development, LLC v. Peak Construction, LLC

¶ 1 The instant consolidated appeals concern a two-story four-unit building purchased by plaintiffs, Siegel Development, LLC, Gary Siegel, and Ross Siegel, for the purpose of converting the building into condominium units. Plaintiffs allege that they purchased the property in reliance on a promise from several of the defendants that defendant Peak Construction LLC would perform the renovations ne... More...   $0 (08-28-2013 - IL)

MOrton Goldfine v. Barack, Ferrazzano, Kirschbaum and Perlman

¶ 1 This is a legal malpractice case based on an underlying cause of action for a violation of the Illinois Securities Law of 1953 (Illinois Securities Law) (815 ILCS 5/1 et seq. (West 2010)). Plaintiffs Morton and Adrienne Goldfine brought a legal malpractice action against defendants, the law firm of Barack, Ferrazzano, Kirschbaum & Perlman (BFKP) and several partners of that law firm, to recov... More...   $0 (08-28-2013 - IL)

Susan Schrock v. Wyeth, Inc.

Susan and Steven Schrock filed suit against brand-name and generic manufacturers of the drug metoclopramide, alleging that Susan Schrock’s use of generic metoclopramide caused her to develop tardive dyskinesia, a neurological disorder characterized by involuntary body movements. The district court dismissed all claims in favor of the manufacturers in a series of orders. On appeal, the Schrocks c... More...   $0 (08-28-2013 - OK)

National Credit Union Administrative Board v. Nomura Home Equity Loan, Inc.

The National Credit Union Administration (“NCUA”) placed two federally chartered corporate credit unions, U.S. Central Federal Credit Union (“U.S. Central”) and


Western Corporate Federal Credit Union (“WesCorp”), into conservatorship. As liquidating agent, NCUA sued 11 defendants on behalf of U.S. Central, alleging federal and state securities violations.1 In a separa... More...
   $0 (08-28-2013 - KS)

Settlement Funding, LLC v. Cathy Brenston

¶ 1 The respondent-transferor, Cathy Brenston, filed petitions to vacate void orders which approved the transfer of her structured settlement payment rights to the petitioner transferee, Settlement Funding, LLC. The circuit court of Sangamon County found that Brenston's petitions, filed more than two years after the entry of the transfer orders, were time-barred. On appeal, Brenston contends that... More...   $0 (08-26-2013 - IL)

United States of America v. Q2Administrators, LLC

Relator Thomas M. Zizic, M.D. (“Zizic”) filed this qui tam1


1 The term “qui tam” is an abbreviation of the phrase “‘qui tam pro domino rege quam pro se ipso in hac parte sequitur,’ which means ‘who pursues this action on our Lord the King’s behalf as well as his own.’” United States ex rel. Atkinson v. Pa. Shipbuilding Co., 473 F.3d 506, 509 n.1 (... More...
   $0 (08-26-2013 - PA)

Thomas A. Toye III v. David O'Donnell

David O'Donnell wants what every debtor in bankruptcy wants — a fresh start. You see, a debtor generally gets a discharge from debts owed at the time he files his bankruptcy petition. See 11 U.S.C. § 727(b). But this fresh-start opportunity is only for "the honest but unfortunate debtor." Grogan v. Garner, 498 U.S. 279, 286-87 (1991) (internal quotation marks omitted). And that is why Congress ... More...   $0 (08-26-2013 - MA)

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


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


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)

United States of America v. James F. Holmes

In this civil action, the United States sued Mr. James Holmes seeking to collect a federal tax debt owed by the now-defunct corporate entity Colorado Gas Compression, Inc. Defendant Holmes, the Appellant-Cross-Appellee in this court, had been the sole shareholder of Colorado Gas prior to the entity’s demise. The district court granted final judgment in favor of the United States in the amount of... More...   $0 (08-23-2013 - )

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.



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


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)

Julia Copeland Cooper v. NCS Pearson, Inc.

Julia Copeland Cooper (Copeland) appeals from a grant of summary judgment dismissing on statute of limitations grounds her Copyright Act claims against NCS Pearson, Inc. for co-ownership of a psychological test. The statute of limitations for claims under the Copyright Act is three years. 17 U.S.C. § 507(b). Because any such claims available to Ms. Copeland would have accrued in 1993 or 1996 and ... More...   $0 (08-19-2013 - CO)

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)

Big Rock Investors Association v. Big Rock Petroleum, Inc. and J.A. McEntire, III

The primary issue we address in this appeal is whether Appellant Big Rock Investors Association (BRIA) possesses standing to assert any of the claims it filed against Appellees Big Rock Petroleum, Inc. and J.A. McEntire, III. Because we hold that it does not, we affirm the trial court’s judgment dismissing BRIA’s claims.



BRIA i... 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)

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