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Fraud Law
JSC Neftegas-Impex v. Transcontinental Products and Services, Inc. and Citibank, N.A.

A jury rendered judgment in favor of JSCNI and against Transcontinental Products and Services, Inc. ("TPS") for fraud and breach of fiduciary duty. The jury also rendered judgment in favor of JSCNI and against Citibank for fraud, knowing participation in TPS's breach of fiduciary duty, and conspiracy. The jury awarded actual damages against both defendants and exemplary damages against Citibank. T... More...   $0 (02-10-2011 - TX)

Robert L. Thomas v. Metropolitan Life Insurance Company and Metlife Securities, Inc.

Plaintiffs-Appellants Robert and Amanda Thomas appeal from the district court’s grant of summary judgment in favor of Defendants-Appellees Metropolitan Life Insurance Companies, Inc. and Metlife Securities, Inc. (sometimes collectively referred to as “Met”). Plaintiffs filed a putative class action on behalf of class members who bought life insurance products from Met. Two issues are before ... More...   $0 (02-10-2011 - OK)

George Wasserman & Janice Wasserman v. Jack Kay

Appellants, The George Wasserman and Janice Wasserman Goldsten Family Limited Liability Company (“WGF”) and Anthony Tanzi, as Trustee of the Lisa W. Gill Trust (“Gill Trust”), are partners in five real estate investment general partnerships and members in two real estate investment LLCs (collectively, the “investment vehicles”). Appellees are Jack Kay (“Mr. Kay”), the managing memb... More...   $0 (02-09-2011 - MD)

The University of Texas at San Antonio v. Cathy Wells

This is an appeal from the denial of a plea to the jurisdiction. In two issues, the University of Texas at San Antonio (“UTSA”) argues that the trial court erred in denying its plea to the jurisdiction because Cathy Wells did not plead and cannot show that (1) she made a good faith report of a violation of law, and (2) she reported a violation of law to an appropriate law enforcement agency as... More...   $0 (02-09-2011 - TX)

City of San Antonio v. David Ash

This is an appeal from a jury verdict in favor of appellee, David Ash, who sustained injuries when his car collided with a City of San Antonio street sweeper operated by a City employee. We suggest a remittitur of damages awarded for future physical pain, mental anguish, physical impairment, and medical care expenses, and a commensurate amount in prejudgment interest. We affirm in all other resp... More...   $0 (02-09-2011 - TX)

Irish Oil and Gas, Inc. v. Gerald C. Riemer

[¶1] Irish Oil and Gas, Inc. appeals from the district court judgment dismissing its complaint against Gerald C. Riemer, Doris E. Riemer, Lillie J. Riemer, and Joanne Johnson ("the Riemers") with prejudice. We affirm in part, reverse in part and remand for proceedings consistent with this decision.


[¶2] In January and February 2008, Irish Oil entered into oil and gas leases with ... More...
   $0 (02-08-2011 - ND)

Thomas McCracken v. City of Detroit

Plaintiffs appeal as of right the trial court’s order granting defendants’ motion for summary disposition. The trial court found that plaintiffs had effectively “admitted” defendants’ affirmative defenses when failing to specifically deny them in a timely manner, particularly after defendants had demanded a response to the affirmative defenses. We hold that affirmative defenses are not p... More...   $0 (02-08-2011 - MI)

Andrea S. Morrison v. Adam Morrison

Andrea Morrison (“mother”) appeals the Floyd County Circuit Court’s refusal to register and enforce a Michigan divorce decree, dated September 17, 2003, awarding her sole legal and physical custody of her daughter, J.M., born October 14, 2002. Mother contends the reason given by the court in refusing to register and enforce the decree is not among the reasons listed in the Uniform Child Cust... More...   $0 (02-08-2011 - VA)

Ray Birmingham v. Experian Information Solutions, Inc.

Raymond Birmingham was the victim of identity theft. Verizon Wireless closed two fraudulent accounts opened in his name, but he disputed charges to his legitimate accounts and closed those as well. Verizon then reported his failure to pay the charges to the three major credit-reporting agencies—Experian Information Solutions, Inc. (Experian); Equifax; and TransUnion. Birmingham disputed these re... More...   $0 (02-07-2011 - UT)

Dustin Oldham v. Glenda Oldman

{1} This case requires us to interpret and harmonize potentially conflicting provisions within our domestic relations, probate, and trust statutes to determine the process through which a decedent’s estate is defined and distributed when one party to a pending divorce proceeding dies before a final divorce decree is entered. Under these circumstances, a provision within New Mexico’s domestic r... More...   $0 (02-04-2011 - NM)

Walter Kimbrough v. Idaho Board of Tax Appeals and Canyon County Board of Equalization

Walter and Judith Kimbrough appeal the district court’s decision affirming the Canyon County Board of Equalization’s assessment of their farm and homesite. They contend that the Canyon County Assessor should have applied the agricultural-land exemption to the acre on which their farmhouse sits rather than classifying it as a homestead. They also assert that their homesite valuation was excessi... More...   $0 (02-04-2011 - ID)

Charles Brahos v. Carey Chickeneo, Carl Ritz and Steve Goodman

Charles Brahos sued Carey Chickeneo, Carl Ritz and Steve Goodman on fraud theories. Plaintiff invested $800,000 in the North Shore Auto Group but claimed that Defendants operated the dealership, which sold Nissan, Volkswagen and Subaru vehicles, in such a way to hide his involvement and put his investment at risk.

The defenses asserted by Defendants are not available.... More...
   $0 (02-04-2011 - IL)

State of Texas v. Actavis Mid-Atlantic, LLC and Actavis Elizabeth, LLC

A Travis County jury today returned a record-setting verdict for damages, finding that drug manufacturer Actavis Mid-Atlantic, LLC misrepresented its drug prices to the taxpayer-funded Medicaid program. The jurors determined that Actavis and co-defendant Actavis Elizabeth, LLC should pay Texas and the federal government $170.3 million for defrauding Medicaid.

Since 2000, the Texas Attorney ... More...
   $0 (02-04-2011 - TX)

William Carr v. Gateway, Inc.

In 2001, plaintiff, William Carr, and his wife purchased a computer from defendant, Gateway, Inc. Carr subsequently filed suit alleging misrepresentation by Gateway as to the speed of the computer’s processor. Gateway sought to dismiss the suit and compel arbitration in accordance with the terms of the sales contract. The circuit court of Madison County denied the motion, holding, inter alia, th... More...   $0 (02-03-2011 - IL)

Lauro Arellano v. Don McGill Toyota of Katy, Inc.

An automobile owner appeals the trial court’s judgment in favor of an automobile dealership that prevailed in its suit to recover repair costs. In three issues, the automobile owner challenges the sufficiency of the evidence supporting the trial court’s judgment, claiming (1) there was no legally binding automobile repair contract between the parties, (2) the record contains no evidence of ac... More...   $0 (02-03-2011 - TX)

Dale Winfield, Gloria Johnson and James Winfield v. Karen Sue Pietsch, Individually and as Executor of the Estate of Jena Beth Winfield

Appellants, Dale Winfield, Gloria Johnson, and James Winfield (Winfields), appeal from a take-nothing judgment granted in favor of Appellee, Karen Sue Pietsch, pursuant to Rule 166a(c) of the Texas Rules of Civil Procedure, in an action seeking to set aside the unprobated will of their mother, Jena Beth Winfield, and a general warranty deed transferring property from Jena to Pietsch, Jena's daught... More...   $0 (02-03-2011 - TX)

Yigal Bosch v. Cedar Village Townhome Homeowners Association

Yigal Bosch appeals a judgment in favor of Cedar Village Townhomes Homeowners Association, Inc. (“Cedar Village”) for $21,002.60 in assessments, late fees, and prejudgment interest and $26,689.55 in attorney’s fees. Cedar Village sued Bosch for unpaid assessments under the Condominium Declaration, and Bosch counterclaimed. After the trial court granted two motions for partial summary judgm... More...   $0 (02-03-2011 - TX)

DAvid K. Panico v. State Farm Fire and Casualty Company

This case concerns an insurance company’s duty under Colorado law to defend its insureds against claims by third parties. The plaintiff/appellants, David Panico and Janice Panico (the Panicos), sold a property and the buyers, Martha Cesery Taylor and Walter Taylor (the Taylors), sued them upon discovering the property was not as represented.1 State Farm Fire and Casualty Company (State Farm) ref... More...   $0 (02-03-2011 - CO)

Ophthalmic Surgeons, Ltd. v. Paychex, Inc.

This case evidences the importance of careful contract drafting. In this breach of contract case, the appellee's liability depends primarily on whether one sentence in the contract is clear and unambiguous. Specifically, appellant, Ophthalmic Surgeons, Ltd. ("OSL"), alleges that Paychex, Inc. ("Paychex"), its provider of direct deposit payroll services, breached its obligations under a written agr... More...   $0 (02-03-2011 - RI)

Roman Pino v. The Bank of New York Mellon

The defendant in a mortgage foreclosure action filed by BNY Mellon appeals a trial court’s denial of his motion under Florida Rule of Civil Procedure 1.540(b) to vacate a voluntary dismissal. Th e notice was filed after the defendant moved for sanctions against the plaintiff for filing what he alleged was a fraudulent assignment of mortgage. Because the notice of voluntary dismissal was filed pr... More...   $0 (02-02-2011 - FL)

Roman Pino v. The Bank of New York Mellon

The defendant in a mortgage foreclosure action filed by BNY Mellon appeals a trial court’s denial of his motion under Florida Rule of Civil Procedure 1.540(b) to vacate a voluntary dismissal. Th e notice was filed after the defendant moved for sanctions against the plaintiff for filing what he alleged was a fraudulent assignment of mortgage. Because the notice of voluntary dismissal was filed pr... More...   $0 (02-02-2011 - FL)

Steve A. McKenzie v. Wendy Betts

The issue in this non-final appeal is whether the class action waiver in an arbitration agreement between McKenzie Check Advance and one of its customers violated public policy. The trial court found that the waiver went against public policy and denied McKenzie’s motion to compel arbitration. McKenzie appeals. The record below supports the trial court’s conclusion that consumers would not be ... More...   $0 (02-02-2011 - FL)

Alejandra Cossio v. Luis Alejo Arrondo

Alejandra Cossio appeals from a final judgment claiming the court below erred in precluding her from presenting at trial any witnesses (other than herself) and from introducing any documents. Because we find this sanction not commensurate with the offense for which it was imposed, we reverse.

In 2003, Luis Alejo Arrondo, a California resident, and his aunt Alejandra Cossio, a resident of Mi... More...
   $0 (02-02-2011 - FL)

Titan Insurance Company v. McKinley Hyten

In an insurance application submitted to plaintiff Titan Insurance Company on August 24, 2007, defendant McKinley Hyten represented that she possessed a valid driver’s license as of that date. In reality, Hyten’s license had been suspended and was not restored until nearly a month later, on September 20, 2007. In February 2008, Hyten was involved in an automobile accident in which defendants M... More...   $0 (02-01-2011 - MI)

Teresa D. Green v. Laibco, LLC

In this wrongful termination case, judgment was entered on a jury verdict awarding plaintiff $1,237,086 in compensatory damages and an equal amount in punitive damages. Defendant filed a motion for a new trial and a motion for judgment notwithstanding the verdict (JNOV), the latter with respect to punitive damages only. The trial court granted the new trial motion.

Plaintiff appealed from t... More...
   $0 (02-01-2011 - CA)

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