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Fraud Law
 
United States of America v. Tyson Foods, Inc.

Tyson Foods Inc. has agreed to pay a $4 million criminal penalty to resolve an investigation into improper payments by company representatives to government-employed inspection veterinarians in Mexico, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office.



“Tyson... More...
   $5200000 (02-13-2011 - )

Sharon Pratt v. Dr. Steven Keefe and CAP Quality Care

Sharon Pratt sued Dr. Steven Keefe and CAP Quality Care on medical negligence and respondeat superior theories claiming that she was wrongfully given high doses of methadone. She claimed that she had overdosed several times and had been warned to tell the clinic reduce her dosage.

Defendants denied wrongdoing.

According to The Portland Press Herald:

"A jury has awarde... More...
   $244000 (02-12-2011 - ME)

Russell Bruesewitz v. Wyeth LLC

We consider whether a preemption provision enacted inthe National Childhood Vaccine Injury Act of 1986(NCVIA)1 bars state-law design-defect claims againstvaccine manufacturers.

I

A

For the last 66 years, vaccines have been subject to the same federal premarket approval process as prescription drugs, and compensation for vaccine-related injuries has been left largely to the Sta... More...
   $0 (02-11-2011 - DC)

Roger Hildenbrand v. Capital RV Center, Inc.

[¶1] Roger Hildenbrand appeals from a judgment dismissing his claims against Capital RV Center, Inc., and awarding Capital possession of and title to his 2007 Paradise Point fifth wheel camper after a jury decided Capital did not breach a contract with Hildenbrand. Hildenbrand also appeals from an order denying his post-trial motion. Limiting our review to the issues as they are presented to us, ... More...   $0 (02-11-2011 - ND)

John Rucker v. Oasis Legal Finance, L.L.C.

This case presents the issue of the enforceability of a forum selection clause.

The plaintiffs, on behalf of themselves and a purported class of others similarly situated, filed a declaratory judgment action outside of the contractually chosen forum, and the defendant moved to dismiss based on improper venue. The District Court denied the defendant’s motion, concluding that giving effect ... More...
   $0 (02-11-2011 - AL)

Gary Jerome Lyon v. Esteban A. Aguilar, Sr.

Pro se plaintiffs-appellants Gary and Jeanne Lyon appeal from the district court’s judgment entered in favor of defendants-appellees Esteban A. Aguilar and Aguilar Law Offices, P.C. (“ALO”). On appeal, plaintiffs challenge the district court’s orders (1) granting summary judgment in favor of defendants on all claims in the complaint; (2) denying plaintiffs’ motion to amend their complain... More...   $0 (02-11-2011 - NM)

John Rucker v. Oasis Legal Finance, L.L.C.

This case presents the issue of the enforceability of a forum selection clause. The plaintiffs, on behalf of themselves and a purported class of others similarly situated, filed a declaratory judgment action outside of the contractually chosen forum, and the defendant moved to dismiss based on improper venue. The District Court denied the defendant’s motion, concluding that giving effect to the ... More...   $0 (02-11-2011 - AL)

Dion Starr v. Leory Baca, Los Angeles County Sheriff

Plaintiff Dion Starr brings a § 1983 action for damages resulting from a violent attack he allegedly suffered while he was an inmate in the Los Angeles County Jail. The district court dismissed Starr’s supervisory liability claim for deliberate indifference against Sheriff Leroy Baca in his individual capacity under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Because ... More...   $0 (02-11-2011 - CA)

David Fabbrini v. City of Dunsmuir

Plaintiff-Appellant David Fabbrini was sued by the City of Dunsmuir, California (“the City”), for his failure to sufficiently collateralize a municipal loan. The City’s lawsuit included a request for declaratory relief regarding Fabbrini’s obligations, as well as a fraud claim. Subsequently the City voluntarily dismissed that lawsuit. Fabbrini then filed a federal court action against the ... More...   $0 (02-11-2011 - CA)

Craig Carson, et al. v. SemGroup Energy Partners, L.P., et al.

Craig Carson and others sued SemGroup Energy Partners, L.P. and other on securities fraud theories claiming losses sustained by them as a direct result of the collapse of SemGroup in 2008. Plaintiffs' class action claims revolved around the lost value of stock in SemGroup Energy Partners LP (SGLP), which was formed in 2007. Plaintiffs alleged that SGLP did not inform unitholders of the parent comp... More...   $1 (02-11-2011 - OK)

Tuxedo International Inc. v. Michael Rosenberg

In this appeal, we address the proper analysis to determine whether a forum selection clause applies to the tort claims pleaded by a plaintiff when the dispute is arguably related to a contract containing an applicable forum selection clause. We conclude that the best approach for resolving this issue is one that focuses first on the intent of the parties regarding a forum selection clause’s ap... More...   $0 (02-10-2011 - NV)

Mandarin Trading, Ltd. v. Guy Wildenstein

In a dispute arising from the purchase and sale of the painting Paysage aux Trois Arbres by Paul Gauguin, this Court is asked to determine whether claims sounding in fraud, negligent misrepresentation, breach of contract, and unjust enrichment were properly pleaded in the plaintiff's complaint.

In July 2000, J. Amir Cohen approached plaintiff Mandarin Trading Ltd.* to solicit interes... More...
   $0 (02-10-2011 - NY)

Karen Weiler v. Richard Hooshiari

¶ 1. BURGESS, J. Defendant Richard Hooshiari appeals from the trial court’s decision to grant judgment in favor of his former tenant, plaintiff Karen Weiler. The court found that landlord violated the implied warranty of habitability when heavy snow and ice fell from the roof of tenant’s residence onto her parking place, destroying her car. The court awarded damages measured by... More...   $0 (02-10-2011 - VT)

Hyertouch, Inc. v. Valueclick, Inc.

Appellant Hypertouch, Inc. filed an action alleging that ValueClick, Inc., various ValueClick subsidiaries and PrimaryAds, Inc. (Respondents) violated Business & Professions Code section 17529.5, subdivision (a),1 which prohibits entities from advertising in a commercial electronic message (e-mail) that contains various types of deceptive content. Respondents moved for summary judgment, arguing t... More...   $0 (02-10-2011 - CA)

Catherine Wilson and William D. Wilson v. Siavash Tavakoli, D.D.S

Catherine and William D. Wilson (Doug) appeal from the trial court’s take nothing judgment on their claims against their former dentist Siavash Tavakoli. After a trial, the jury found that Tavakoli had committed fraud against Catherine. The jury found $3,000 in exemplary damages, but no question on actual damages for fraud had been submitted, and, consequently, the jury made no finding on actu... More...   $0 (02-10-2011 - TX)

Aspenwood Apt. Corporation v. Coinmach, Inc. f/k/a Solon Automated Services, Inc.

Appellee, Coinmach, Inc. f/k/a Solon Automated Services, Inc. (“Coinmach”), filed a motion for rehearing of our August 19, 2010 opinion. We grant rehearing and withdraw our August 19, 2010 opinion and judgment and issue this opinion and judgment in their place. The disposition of the case remains unchanged.

Appellant, Aspenwood Apartment Corporation (“Aspenwood”), appeals the tr... More...
   $0 (02-10-2011 - TX)

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.

I

[¶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)

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