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Fraud Law
 
Estate of Stephen J. Komninos v. Bancroft Neurohealth, Inc.

On leave granted, we review an interlocutory order denying a motion for partial summary judgment filed by twenty-two defendants in this wrongful death and survival action. In their motion, defendants sought to have the claims against them dismissed pursuant to the Charitable Immunity Act ("the Act"), N.J.S.A. 2A:53A-7. The motion judge denied the application, based upon his perception that genuine... More...   $0 (12-13-2010 - NJ)

Mark Brown v. Medtronic, Inc.

Plaintiff Mark Brown appeals the district court's dismissal of his complaint against Medtronic, Inc., several of its directors, a retirement plan committee, and various fiduciaries. Brown alleges class-action claims pursuant to the Employee Retirement and Income Security Act of 1973 ("ERISA") and seeks to serve as the representative plaintiff. His claims relate to purported breaches of fiduciary d... More...   $0 (12-13-2010 - MN)

Benjamin, Weill & Mazer v. Nancy Hurwitz Kors

The California Arbitration Act (CAA) requires that “all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial” be timely disclosed to all parties (Code Civ. Proc., § 1281.9, subd. (a).)1 The issue in this case is whether this requirement may include business relationships with persons or entities... More...   $0 (12-10-2010 - CA)

Grayhorse Energy, LLC v. Crawley Petroleum Corp.

¶1 Plaintiffs/Appellants Grayhorse Energy, LLC, TLJ Investments, LLC, Singer Bros. LLC, and Pedestal Oil Company, Inc., (collectively, the GrayHorse1 group) seek review of the trial court's order sustaining Defendant/Appellee Crawley Petroleum Corporation's (Crawley) motion to dismiss for lack of subject matter jurisdiction.2 We express no view upon the merits of any element of the GrayHorse grou... More...   $0 (12-10-2010 - OK)

Unique Staff Leasing, LLC v. Richard Onder

Appellants, Unique Staff Leasing, LLC, and Unique Staff Leasing I, Ltd. (collectively “Unique”), challenge the jury’s verdict in a breach of contract case in favor of appellee, Richard Onder. By four issues, Unique argues that: (1) the statute of frauds bars Onder’s claims for breach of an oral agreement for future commissions; (2) the statute of frauds bars Onder’s claim for breach of a... More...   $0 (12-09-2010 - TX)

Rene Junk v. Terminix International Co.

Rene Junk brought this action in state court on behalf of her son, Tyler (T.J.) Junk, against Terminix International Company (Terminix), Dow Chemical Company and Dow AgroSciences LLC (collectively Dow), and Terminix employee Jim Breneman. Junk alleged that T.J.'s multiple medical conditions were caused by exposure to Dursban, an insecticide manufactured by Dow, distributed by Terminix, and applied... More...   $0 (12-09-2010 - IA)

UNIQUE STAFF LEASING, LLC AND UNIQUE STAFF LEASING I, LTD. v. RICHARD ONDER

Appellants, Unique Staff Leasing, LLC, and Unique Staff Leasing I, Ltd. (collectively “Unique”), challenge the jury’s verdict in a breach of contract case in favor of appellee, Richard Onder. By four issues, Unique argues that: (1) the statute of frauds bars Onder’s claims for breach of an oral agreement for future commissions; (2) the statute of frauds bars Onder’s claim for breach of a... More...   $0 (12-09-2010 - TX)

UL, Inc., D/B/A Urgan Living and George Silaski v. Jose L. Pruneda

This appeal involves a suit brought by real estate agent, Jose L. Pruneda, to recover commissions from appellants, UL, Inc., d/b/a Urban Living and George Silaski arising from the sale of two pieces of real property. The trial court rendered summary judgment for monetary damages and attorney’s fees in favor of Pruneda against Urban Living and Silaski.

On appeal, Urban Living a... More...
   $0 (12-09-2010 - TX)

Michelle Deuley v. Dyncorp Internationa Incorporate

In this appeal we consider whether a Superior Court judge erred by holding that under Delaware law the liability clause in civilian police officers’ employment contracts released claims arising out of injuries suffered in Afghanistan. The complainants contend that the liability clause and relevant language purporting to release “any claim” is insufficient to release their employer and its af... More...   $0 (12-08-2010 - DE)

U.S. Renal Care, Inc. v. Laura Jaafar

he appellees’ motion for rehearing is denied. This court’s opinion and judgment dated August 31, 2010 are withdrawn, and this opinion and judgment are substituted. We substitute this opinion to clarify our judgment.

This case stems from a dispute regarding Appellant U.S. Renal Care’s (“Renal Care”) purchase of Rencare, Ltd., formerly owned by Appellees Laura Jaafar, Lisa Lewis... More...
   $0 (12-08-2010 - TX)

Curt Brockmann v. The Board of County Commissioners of the County of Shawnee

This case arises out of a heavy rain storm in Kansas that caused more than a dozen homes to be flooded with sewage water. Curt and Angie Brockmann and certain other home owners (“Plaintiffs”) initially sued L.P.’s Excavating Inc. (“L.P.’s”) and Shawnee County in Kansas state court seeking monetary damages resulting from the sewage flood of their homes. Shawnee County demanded that L.P.... More...   $0 (12-08-2010 - KS)

Barry Oppenheim v. I.C. Systems, Inc.

Defendant-Appellant I.C. System, Inc. (“I.C. System”) appeals the district court’s denial of its motion for summary judgment as to Plaintiff-Appellee Barry Oppenheim’s (“Oppenheim”) claims under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., and the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. §§ 559.72 et seq. After review, ... More...   $0 (12-07-2010 - FL)

Robert Berry v. Javitch, Block & Rathbone, L.L.P.

{¶ 1} Today this court must examine the following issue: When parties to a tort claim have executed a settlement agreement and consent judgment entry, may one party subsequently institute a separate cause of action for fraud in the inducement of the settlement agreement without seeking relief from the consent judgment and rescinding the settlement agreement? We answer in the negative and, therefo... More...   $0 (12-02-2010 - OH)

Michael Arnoldy v. Daniel R. Mahoney

[¶1.] Michael and Ann Arnoldy each purchased assignments of judgments against David and Connie Finneman. They used the judgments to redeem land owned by the Finnemans that had been foreclosed. Daniel Mahoney also purchased judgments that he used to redeem the land from Michael. Arnoldys filed this separate declaratory judgment action challenging the validity of the judgments Mahoney used to redee... More...   $0 (12-01-2010 - SD)

Joshua Smith, d/b/a Fractional Transportation, L. L. C. v. I-30 Business Park, Ltd.

On November 1, 2008, Fractional Transportation, L.L.C., a Nevada limited liability company owned by Joshua Smith, leased a building from I-30 Business Park, Ltd., to store equipment. After disputes developed between the parties,[1] Smith ceased paying rent on the building. On May 8, 2009, the Business Park filed a forcible detainer action against Smith, in his personal capacity, in a Hunt County... More...   $0 (12-01-2010 - TX)

Edward A. Copley, et al. v. Sarah Johnson Pitt, et al.

This appeal arises from a probate proceeding in which a jury found Belton Kleberg Johnson (“B”) executed certain wills and trusts as a result of undue influence. The jury further found that the reasonable and necessary fees and expenses for the services of Plaintiffs’ attorneys in connection with both the will contest and the trust contest were in excess of $6.1 million, plus additional att... More...   $0 (12-01-2010 - TX)

Kulwinder Singh Raju v. Eric H. Holder, Jr.

Kulwinder Singh Raju, a native and citizen of India, seeks review of the Bureau of Immigration Appeals’ (BIA) denial of his motion to reopen his immigration proceedings. For the following reasons, we deny the petition for review.

I. Background

Raju entered the United States in 2002 without proper admission or parole and was placed in removal proceedings. After conceding removabilit... More...
   $0 (12-01-2010 - CO)

Edward A. Copley v. Sarah Johnson Pitt

This appeal arises from a probate proceeding in which a jury found Belton Kleberg Johnson (“B”) executed certain wills and trusts as a result of undue influence. The jury further found that the reasonable and necessary fees and expenses for the services of Plaintiffs’ attorneys in connection with both the will contest and the trust contest were in excess of $6.1 million, plus additional att... More...   $0 (12-01-2010 - TX)

Joshua Smith, d/b/a Fractional Transportation, L. L. C. v. I-30 Business Park, Ltd

On November 1, 2008, Fractional Transportation, L.L.C., a Nevada limited liability company owned by Joshua Smith, leased a building from I-30 Business Park, Ltd., to store equipment. After disputes developed between the parties,[1] Smith ceased paying rent on the building. On May 8, 2009, the Business Park filed a forcible detainer action against Smith, in his personal capacity, in a Hunt County... More...   $0 (12-01-2010 - TX)

Bani Chatterjee v. Taya King

{1} This case involves the issue of whether a non-parent has standing to assert a custody and/or visitation claim, absent a finding of unfitness of the natural or adoptive parent, under New Mexico statutory or case law. Petitioner Bani Chatterjee appeals the district court’s dismissal of her petition to establish parentage and determine custody and time sharing with regard to the adopted child o... More...   $0 (12-01-2010 - NM)

Stephen D. Atwater v. The National Football League Players Association

The dispositive question presented by this appeal is whether § 301 of the Labor-Management Relations Act (“LMRA”), 29 U.S.C. § 185, preempts Plaintiffs’ state-law claims asserted against the National Football League (“NFL”) and the National Football League Players’ Association (“NFLPA”). Because Plaintiffs’ claims arise from or are substantially dependent upon an interpretation... More...   $0 (12-01-2010 - )

Terry L. Anthony v. American General Financial Services

The question is whether a debtor may sue to recover notary fees charged by a creditor in excess of the statutory maximum established by OCGA section 45-17- 11(b). The case returns to us after we certified questions to the Georgia Supreme Court. See Anthony v. Am. Gen. Fin. Servs., Inc., 583 F.3d 1302, 1307 (11th Cir. 2009) (“Anthony I”); Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E. 2d 166 (... More...   $0 (12-01-2010 - )

City College, Inc. v. Moore Sorrento, LLC

¶1 Moore Sorrento, LLC (Landlord) appeals the trial court's order confirming the October 3, 2007, arbitration award, confirming the December 20, 2007, final order including attorney fees, and denying Landlord's motion to vacate the award. Based on our review of the facts and applicable law, we find the trial court correctly confirmed the arbitration panel's award and denied Landlord's motion to v... More...   $0 (11-30-2010 - OK)

Doyle D. Melson v. Wachovia Bank, NA

¶1 Plaintiffs/Appellants Doyle D. Melson and Lela M. Melson (Plaintiffs) filed an action against Appellees Wachovia Bank, NA of North Carolina as Trustee FKA First Union Bank of North Carolina as Trustee, and Wachovia Bank, NA in its individual capacity (collectively Wachovia) seeking damages for Wachovia's failure to release their mortgage pursuant to 46 O.S. 2001 §15. Plaintiffs appeal the tri... More...   $0 (11-30-2010 - OK)

Jeffrey Golin v. Clifford B. Allenby

Appellants Jeffrey R. Golin and Elsie Y. Golin (collectively, the Golins) appeal from the dismissal of this action after the trial court determined them to be vexatious litigants under Code of Civil Procedure section 391, subdivisions (b)(2) and (3),1 and they failed to post a $500,000 bond to continue the litigation under sections 391.3 and 391.4. The Golins contend that the order must be reverse... More...   $0 (11-30-2010 - CA)

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