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Fraud Law
Amber Duick v. Toyota Motor Sales, U.S.A., Inc.

Defendants Toyota Motor Sales, U.S.A., Inc. (Toyota) and Saatchi & Saatchi North America, Inc. (Saatchi) appeal from the denial of their motion to compel arbitration of plaintiff Amber Duick‘s claims. We affirm because the putative contract is void on account of fraud in the inception.


Duick‘s claims arise from her apparently unwitting participation in an internet-bas... More...
   $0 (08-31-2011 - CA)

Tropical Commodities, Inc. v. Angel Perez Ortiz

This case involves competing claims to a piece of real property in Hidalgo County, Texas. The trial court granted judgment in favor of appellees for $2.7 million and declared certain deeds allegedly passing title to and from appellee Angel Perez Ortiz, null and void. By three issues, appellant, Tropical Commodities, Inc. (“Tropical”), argues the trial court erred in entering summary judgment... More...   $0 (08-31-2011 - TX)

Edith Fontenot v. Margaret Hanus, Michael Hanus, and William S. Carver, III

This is an appeal from an order granting summary judgment. It arises from a claim seeking enforcement of a mediated settlement agreement by specific performance. In granting the summary judgment, the trial court determined that the settlement agreement is enforceable. We affirm.

Background Facts

Appellant, Edith Fontenot, instituted the underlying action in 2006 by... More...
   $0 (08-31-2011 - TX)

Helena Van Orden and Jason M. Bone v. Don Van Orden

Helena Van Orden and Jason M. Bone appeal the trial court’s judgment awarding damages to Helena for appellee Don Van Orden’s breach of a mediated settlement agreement. During Helena and Don’s divorce proceedings, they agreed as part of a mediated settlement that, among other things, Don “shall execute a $1,000,000 mortgage note to Helena Van Orden, secured by [the couple’s residence whic... More...   $0 (08-31-2011 - TX)

Urbano Zea, Jr. a/k/a Urbano Zea v. Valley Feed and Supply Inc.

were identical to or at least similar to Zea’s defenses and would therefore be considered during the arbitration. With respect to the third party claims, the arbitrator noted that the third party claimants were not parties or signatories to any of the agreements in question, and the arbitrator granted Travis’s motion to dismiss the third party claims. The arbitrator made an award in favor of T... More...   $0 (08-31-2011 - TX)

Craig Phillips Hummel v. Christian H. Hummel

This appeal arises from Craig Phillips Hummel’s (“Craig”) suit against Christian H. Hummel, Bettye Jo Hummel, and Charles W. Hummel, Jr. (the “appellees”) for specific performance of an alleged oral contract for the sale of real property, or alternatively for reimbursement of money expended to improve the real property. The appellees filed a motion for summary judgment on Craig’s claim... More...   $0 (08-31-2011 - TX)

Albert Jasik v. Arthur Mauricio and Beatrice R. Mauricio

Appellant Albert Jasik appeals the trial court’s judgment that (1) declared there was no contract for sale of land between Jasik and Appellees Arthur and Beatrice Mauricio, (2) quieted title in the Mauricios, (3) awarded costs, attorney’s fees, and interest to the Mauricios, and (4) evicted Jasik from the property on which he was living. We affirm the trial court’s judgment. 04-10-00520-CV -... More...   $0 (08-31-2011 - TX)

John Irwin v. Salim Salem and Parkfield Plaza Partners, LLC

Appellant John Irwin sued appellees Salim Salem, Parkfield Plaza Partners, LLC ("Parkfield"), Roger Brasser, Frank Prewitt, and Wes Walters Realty, Inc., (1) seeking damages for breach of contract, violations of the Texas Deceptive Trade Practices Act, see Tex. Bus. & Com. Code Ann. §§ 17.41-.63 (West 2011) ("DTPA"), and violations of section 27.01 of the business and commerce code, see id. § 2... More...   $0 (08-31-2011 - TX)

David Cardwell, M.D. v. Marianne McDonald

Patrick A. GrovesIn this interlocutory appeal, we consider whether a suit for money damages against a physician constitutes a "health care liability claim" subject to the expert-report requirement of the Texas Medical Liability Act (TMLA), (1) an issue litigated so frequently nowadays that recent opinions of the Texas Supreme Court have begun abbreviating that statutory term "HCLC." (2) Making thi... More...   $0 (08-31-2011 - TX)

Mark Rotella v. Joan Cutting and Mid-Continent Casualty Company

Appellants Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes (“MRCH”) and Mark Rotella (collectively with MRCH, “Rotella”) and Cole & Cole, P.C., and Robert R. Cole, Jr. (collectively “Cole”) filed a motion for rehearing en banc. We deny the motion for rehearing en banc, but we withdraw our opinion of April 7, 2011, and substitute the following in its place.

... More...
   $0 (08-31-2011 - TX)

Patricia J. Coffill v. Robert G. Coffill, Jr.

In this suit, removed from the Superior Court of Massachusetts, the plaintiff, Patricia Coffill, seeks to rescind two mortgages ostensibly encumbering titles to her residence in Andover, Massachusetts, and a retreat in Maine, and she asks for further equitable relief against foreclosure as well as for damages. Defendants include (without limitation) her husband and his business partner; the origin... More...   $0 (08-31-2011 - MA)

United States of America v. Hallie Irvin and F. Jeffrey Miller

Appellants F. Jeffrey Miller and Hallie Irvin were charged in an eleven-count indictment with a variety of crimes stemming from an alleged conspiracy to defraud mortgage lenders in connection with the subprime housing market. After a month-long jury trial, Miller and Irvin were each convicted on several of the charges and sentenced. They now appeal their convictions, citing numerous evidentiary an... More...   $0 (08-31-2011 - KS)

Barbee B. Lyon v. Chase Bank USA, N.A.

This case originated with a misunderstanding regarding a $645 charge on the credit-card bill of Appellant Barbee Lyon.

Appellee Chase Bank USA, N.A. (“Chase”) misidentified the basis for the charge but failed to respond to Lyon’s requests for information about it. Chase continued to seek payment and reported the debt as delinquent to credit agencies, despite Lyon’s protest. In doing... More...
   $0 (08-30-2011 - OR)

Minch Family LLLP v. Estate of Gladys I. Norby

Minch Family LLLP ("Minch Family") sued the Estate of Gladys I. Norby and Robert N. Norby (collectively, "the Norbys") in diversity, seeking injunctive relief and damages for flooding of the Minch Family's property, allegedly caused by a field dike built on the Norbys' land. The magistrate judge1 denied the Minch Family's motion to amend its complaint to add a claim for punitive damages and its mo... More...   $0 (08-29-2011 - MN)

Carl Manora v. Patrick R. Donahoe

Plaintiff-appellant Carl Manora, an African-American, lost his position as an audit manager for the United States Postal Service (“USPS”) Office of Inspector General (“OIG”) in a competitive reselection process. Manora claims that he was not reselected for the position because of race and sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The district court grant... More...   $0 (08-29-2011 - TX)

Judy Chou Chiung-Yu Yang v. Prudential Insurance Company of America

Judy Chou Chiung-Yu Wang (“Wang”) appeals the district court’s dismissal of her claims against her former employer, Prudential Life Insurance Company and affiliated entities (collectively, “Prudential”), and several Prudential employees. On appeal, Wang argues that the district court erred by: (1) failing to convert the defendants’ motion to dismiss into a motion for summary judgment; ... More...   $0 (08-29-2011 - TX)

David Pyper v. Justin C. Bond

¶1 We granted certiorari in this case to determine whether the court of appeals erred in its construction and application of the standard for setting aside a sheriff’s sale. To resolve this question, we must address two distinct issues. First, we must decide whether the court of appeals erred in concluding that gross inadequacy of price together with slight circumstances of unfairness may justi... More...   $0 (08-28-2011 - )

RM Lifestyles, LLC v. Bryan K. Ellison

¶1 Defendants Bryan K. Ellison, Jamie Ellison, and Commonwealth Properties, LC (collectively, the Ellisons), challenge the trial court’s determination that a trustee’s sale conducted in December 2009 was valid. The sale resulted in plaintiffs RM Lifestyles, LLC, and Woodbridge Realty, LC (collectively, RM Lifestyles), obtaining a trustee’s deed to the real property located in Holladay, Utah... More...   $0 (08-25-2011 - UT)

James E. Brackens v. Tenison Oil Company, Hess Corporation

This is an appeal from the trial court’s orders granting Tenison Oil Company and Hess Corporation’s motions for sanctions. We reverse and remand.

Background Facts

James E. Brackens along with numerous other individuals[1] filed suit against Tenison Oil Company and Hess Corporation[2] in 2010. They claimed to own an undivided interest in 150 acres of land that they contend was ... More...
   $0 (08-25-2011 - TX)

Jack P. Katz v. Ernest A. Gerardi, Jr.

This case requires us to consider whether a plaintiff can split potential legal claims against a defendant by bringing them in two different lawsuits. We conclude that related claims must be brought in a single cause of action, and the district court properly dismissed the claim-splitting plaintiffs here. We also consider whether an investor who was forced to sell his shares as the result of a mer... More...   $0 (08-25-2011 - CO)

Todd M. Chism v. Washington State

This civil rights action under 42 U.S.C. § 1983 arises from an internet child pornography investigation by Washington State Police (WSP) Officers Rachel Gardner and John Sager (“the officers”). As a result of information the officers acquired, Todd Chism became the focus of their investigation.

Gardner prepared an affidavit in support of a search warrant application, which Sager review... More...
   $0 (08-25-2011 - WA)

Brian Cleary v. Philip Morris Incorporated

This is a class action suit brought against Philip Morris, Inc., and several other tobacco companies and tobacco-related entities. The plaintiffs allege that for years the tobacco companies conspired to conceal the facts about the addictive and dangerous nature of cigarettes by intentionally using incomplete, misleading, or untruthful marketing and advertising.

The plaintiffs’ putative ... More...
   $0 (08-25-2011 - IL)

Glenn Gates v. Rohm and Haas Company

This is an interlocutory appeal under Fed. R. Civ. P. 23(f) from the denial of class certification for medical monitoring and property damage. Plaintiffs aver chemical companies dumped an alleged carcinogen at an industrial complex near their residences. The District Court found individual issues predominated on exposure, causation, and the need for medical monitoring and also found individual iss... More...   $0 (08-25-2011 - PA)

United States of America v. Google, Inc.

Online search engine Google Inc. has agreed to forfeit $500 million for allowing online Canadian pharmacies to place advertisements through its AdWords program targeting consumers in the United States, resulting in the unlawful importation of controlled and non-controlled prescription drugs into the United States, announced Deputy Attorney General James M. Cole; Peter F. Neronha, U.S. Attorney for... More...   $500000000 (08-25-2011 - RI)

Edwin A. White v. MLMT 2004-BPC1 Carlyle Crossing, LLC

This is an appeal from a judgment in favor of appellee MLMT 2004-BPC1 Carlyle Crossing, LLC for $1,766,355.52 in a bench trial on appellee’s cause of action for waste of collateral. In two issues, appellant Edwin A. White, an indemnitor under the loan agreements, contends that the evidence is insufficient to support the damage award and that the express negligence doctrine does not apply to rel... More...   $0 (08-25-2011 - TX)

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