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Fraud Law
 
Avco Corporation v. Gregory M. Neff

Petitioners, Avco Corporation and Textron Lycoming Reciprocating Engine Division (collectively “Avco”) and Precision Airmotive Corporation and Precision Airmotive, LLC (collectively “Precision”), seek certiorari review of the non-final orders denying their motions for summary judgment. They argue that the trial court erred in determining that Respondents’ claims are not barred by the sta... More...   $0 (03-16-2010 - CL)

Illinois Central Railroad Co. v. William Guy and Thomas Brock

Illinois Central Railroad Co. sued William Guy and Thomas Brock on fraud theories claiming that they knew that their clients were lying when they answered interrogatories and a quesitonaire that failed to disclose that they were involved in earlier litigation relating to asbestos products liability claims.

Guy and Brock claimed during trial that they didn't know their clients had been pl... More...
   $420000 (03-12-2010 - MS)

Gary A. Freedman v. Mark Brutzkus, et al.

The signature block on a contract bears an attorney signature under the legend “approved as to form and content.” Does that signature amount to an actionable representation to an opposing party‟s attorney? We conclude that it does not.

Plaintiff and appellant Gary A. Freedman‟s complaint against defendants and respondents Mark Brutzkus and Ezra, Brutzkus & Gubner, LLP (collectivel... More...
   $0 (03-11-2010 - CA)

Central Concrete Supply, Co., Inc. v. Michael Bursak

Civil Code section 1714.101 places limitations on a party‟s right to sue an attorney for conspiring with his or her client. Subdivision (a) imposes a prefiling, court approval requirement on suits of that nature. Subdivision (b) provides that the failure to obtain the court approval required in subdivision (a) is a “defense” to the action. Subdivision (c) sets out two statutory exceptions to... More...   $0 (03-11-2010 - CA)

David L. Gerke v. Frank Romero, et al.

{1} The primary issue presented in this case is, when does the statute of limitations begin to run for purposes of “toxic tort” personal injury claims? Plaintiff (Tenant) appeals pro se from the district court order granting summary judgment in favor of Defendants (Landlords) dismissing his claim for damages due to exposure to mold.

The district court granted summary judgment to Landl... More...
   $0 (03-10-2010 - NM)

Kimberly Balamotis v. H. Dexter Hyland, II

The plaintiff, Kimberly Balamotis, appeals a decision of the Superior Court (McHugh, J.) granting summary judgment to the defendant, H. Dexter Hyland, II d/b/a State Farm Agent, in this action alleging that he underinsured the plaintiff’s home. We reverse and remand.

The following facts are either recited in the trial court’s order or are supported by the record. The plaintiff’s home ... More...
   $0 (03-10-2010 - NH)

Russian Media Group, LLC v. Cable America Inc. and Shai Harmelech and USA Satellite & Cable, Inc.

For nearly ten years, plaintiff Russian Media Group, LLC has battled in court with defendant Shai Harmelech and his companies, charging that Harmelech pirated Russian-language satellite televi2 sion programming to enable him to compete unfairly against RMG’s legitimate business. The district court found RMG’s complaints justified and enjoined Harmelech and the other defendants from distributin... More...   $0 (03-10-2010 - )

Milwaukee Metropolitian Sewerage District v. american International Specialty Lines Insurance Company

When 19 acres of land are offered for sale for $1.00, any purchaser has reason to be wary. The Milwaukee Metropolitan Sewerage District is responsible for flood control and wastewater treatment in the greater Milwaukee area. As part of a flood control project, the District needed to acquire from Milwaukee County a piece of real estate along Lincoln Creek. The nominal asking price was $1.00. In ant... More...   $0 (03-10-2010 - WI)

Christopher W. Hesse v. Sprint Corporation

This case requires us to consider whether a broad release of claims in a nationwide settlement agreement between Sprint and its customers precludes the present class action involving a Washington state tax that Sprint invoiced to its Washington customers. That nationwide settlement arose out of a lawsuit that challenged Sprint’s billing of customers for certain federal regulatory fees. Because w... More...   $0 (03-10-2010 - WA)

Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc.

Metabolite appeals from the United States District Court for the District of Colorado’s grant of summary judgment. See Lab. Corp. of Am. Holdings v. Metabolite Labs., Inc., 571 F. Supp. 2d 1199 (D. Colo. 2008). The district court granted LabCorp’s motion for summary judgment on its complaint for declaratory judgment that it did not breach a license agreement for failure to pay know-how royalti... More...   $0 (03-10-2010 - MN)

Junior L. Dillenburg v. Arthur Campbell

On March 27, 1997, Junior L. Dillenburg and his wife, Lucille Dillenburg, entered into a lease agreement with Florence Campbell for farmland. According to the lease agreement, the Dillenburgs were to rent farmland in Union County from Florence for a period of ten years. Florence died in 2004, and her will was admitted to probate in Union County on June 15, 2004. Florence’s children, Arthur Campb... More...   $0 (03-10-2010 - IA)

Havey Christenson v. First National Bank of Sioux Center

Harvey Christenson appeals from the district court’s dismissal of his suit as sanction for failing to comply with discovery orders. Because we find this decision a reasonable exercise of the district court’s discretion, we affirm. Christenson filed suit against defendants in September 2007, asserting claims of fraud, fraudulent inducement, and misrepresentation.

On February 26, 2008, ... More...
   $0 (03-10-2010 - IA)

David W. Fandel v. Tiffany Allen

Plaintiff, David Fandel, doing business as Fandel Construction, performed construction work for defendant, Tiffany Allen, on defendant’s home. After the project was complete, plaintiff recorded a “claim for lien” and commenced suit to foreclose the lien after defendant stopped payment on the check she tendered in payment of the services. Plaintiff now appeals from the trial court’s grantin... More...   $0 (03-10-2010 - IL)

Artisan Design Build, Inc. v. David Bilstrom

Plaintiff, Artisan Design Build, Inc., appeals from an order of the circuit court of Du Page County dismissing its complaint against defendants, David and Jody Bilstrom, for failing to furnish defendants with a consumer rights brochure, in violation of the Illinois Home Repair and Remodeling Act (Act) (815 ILCS 513/20 (West 2006)). The lawsuit arose out of a contract to remodel defendants' Hinsdal... More...   $0 (03-10-2010 - IL)

HealthEast Bethesda Hospital v. United Commercial Travelers

In this diversity case, HealthEast Bethesda Hospital (“HealthEast”) sued United Commercial Travelers of America (“UCT”) for breach of an insurance settlement contract. The district court1 granted summary judgment to HealthEast. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

In June 2005, Nels J. Hansen purchased a Medicare supplement policy from UCT. That... More...
   $0 (03-10-2010 - MN)

Michael J. McGuan v. Endovascular Technologies, Inc., et al.

The Food and Drug Administration (FDA) approved the ANCURE ENDOGRAFT System (Ancure Device) for use by surgeons to treat abdominal aortic aneurysms. Plaintiffs Michael J. McGuan and Lillian Johnson, who suffered severe injuries after they were implanted with this device, brought products liability and personal injury actions against defendants Endovascular Technologies, Inc. (EVT), Guidant Corpora... More...   $0 (03-09-2010 - CA)

Zary Abdelhamid v. Fire Insurance Exchange

Fire Insurance Exchange (FIE) denied insurance coverage to Zary Abdelhamid for the fire that burned her house down, claiming she had (1) failed to produce requested documentation, (2) failed to answer material questions when she was examined under oath, (3) failed to submit a completed proof of loss with necessary documentation, and (4) failed to cooperate in the processing of her claim. The trial... More...   $0 (03-09-2010 - CA)

Donald L. Bryant, Jr. v. Smith Interior Design Croup

Missouri resident Donald L. Bryant, Jr. filed suit in St. Louis County against two out-of-state defendants, Smith Interior Design Group, Inc. and William Kopp. His amended petition includes counts of fraudulent misrepresentation and fraudulent concealment in Missouri. The trial court found Missouri did not have personal jurisdiction over the defendants and dismissed the suit. Mr. Bryant appeals.More...   $0 (03-09-2010 - MO)

Donald C. Austin v. Stokes-Craven Holding Corp., d/b/a Stokes Craven Ford

Donald C. Austin (Austin) filed suit against Stokes-Craven Holding Corporation d/b/a Stokes-Craven Ford (Stokes-Craven), an automobile dealership, after he experienced problems with his used vehicle and discovered the vehicle had sustained extensive damage prior to the sale. A jury found in favor of Austin and awarded him $26,371.10 in actual damages and $216,600 in punitive damages.

Stoke... More...
   $0 (03-09-2010 - SC)

C. Porter Vaughan, Inc. v. Most Reverend Francis X. Dilorenzo

In this appeal from the dismissal of an action for real estate brokerage commissions, we consider whether the trial court erred when it sustained a demurrer of the defendant, the Most Reverend Francis X. DiLorenzo (“Bishop DiLorenzo”), to the amended complaint of C. Porter Vaughan, Inc., Realtors (“Vaughan”) on the grounds that its claim for a breach of an oral agreement was barred by the ... More...   $0 (03-09-2010 - VA)

PVC Windows, Inc. v. Babbitbay Beach Construction

This case arises out of two contracts for the supply and installation of
windows and doors for a hotel construction project on the island of Saint Maarten
in the Netherlands Antilles. PVC Windoors, Inc. sued the parties with whom it
contracted and others for breach of contract and fraud in an effort to obtain
payment for work it performed.1 The defendants moved the district court t... More...
   $0 (03-08-2010 - FL)

Centocor, Inc. v. Patricia Hamilton

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor's office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevail... More...   $0 (03-08-2010 - TX)

John Doe v. Clyde and Siobhan Engle

About 3,800 purchaser of lake side properties from a developer in Tennessee claimed that Clyde and Siobhan Engle under the Hawaii Uniform Fraudulent Transfer Act claiming the defendants fraudulently concealed assets to avoid paying a $4.5 million judgment rendered against him and National Development by an Illinois court.

Defendants denied that the transfers of assets made by them were fra... More...
   $53842250 (03-06-2010 - HI)

John Doe v. Clyde and Siobhan Engle

About 3,800 purchaser of lake side properties from a developer in Tennessee claimed that Clyde and Siobhan Engle under the Hawaii Uniform Fraudulent Transfer Act claiming the defendants fraudulently concealed assets to avoid paying a $4.5 million judgment rendered against him and National Development by an Illinois court.

Defendants denied that the transfers of assets made by them were fra... More...
   $53842250 (03-06-2010 - HI)

Nickey Gregory Company, LLC v. Agricap, LLC

Two sellers of perishable agricultural commodities, Nickey
Gregory Company, LLC, and Poppell’s Produce Inc., commenced
this action under the Perishable Agricultural Commodities
Act, 1930 ("PACA"), 7 U.S.C. §§ 499a-499t, to
recover $106,696 owed them for the sale of produce to Robison
Farms, LLC., a bankrupt South Carolina produce distributor.
They named as defendant Agr... More...
   $0 (03-05-2010 - WV)

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