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Fraud Law
 
American International Industries, Inc. v. Phillip Scott

Appellant, American International Industries, Inc. (“AII”), appeals the trial court’s summary judgment in favor of appellees, Phillip Scott, Surgicare, Inc., and Keith G. LeBlanc (collectively, “Surgicare”). In four issues, AII argues that the trial court erred in (1) granting Surgicare’s traditional motion for summary judgment on its res judicata defense and on AII’s claims for bre... More...   $0 (04-28-2011 - TX)

AMS Construction Company, Inc. v. Osman L. Sosa

In this case, an employer sues its staff leasing company for its failure to comply with its agreement to provide workers’ compensation insurance for one of the employer’s injured workers. A jury found that the staff leasing company failed to comply with the agreement, that its failure was not excused, and that it committed fraud. The trial court rendered judgment on the jury’s breach of co... More...   $0 (04-28-2011 - TX)

Rodney Gordon v. West Houston Trees. Ltd.

Appellant, Rodney Gordon, appeals from the summary judgment granted by the trial court in favor of appellee, West Houston Trees, Ltd. In one point of error, Gordon argues that the trial court erred in granting summary judgment.

We affirm. ... More...
   $0 (04-28-2011 - TX)

Eve Randles v. Allegra Hanson and KCB, LLC

{1} In this appeal, we must determine the legal and equitable remedies available to performing and contributing coguarantors against a principal debtor who has defaulted on a loan. Adopting the approach of the Restatement (Third) of Suretyship and Guaranty, we hold that a coguarantor who has fulfilled a duty of contribution to a performing coguarantor is entitled to recourse against a principal de... More...   $0 (04-27-2011 - NM)

Eve Randles v. Allegra Hanson and KCB, LLC

{1} In this appeal, we must determine the legal and equitable remedies available to performing and contributing coguarantors against a principal debtor who has defaulted on a loan. Adopting the approach of the Restatement (Third) of Suretyship and Guaranty, we hold that a coguarantor who has fulfilled a duty of contribution to a performing coguarantor is entitled to recourse against a principal de... More...   $0 (04-27-2011 - NM)

Bobby G. Barham v. Patricia McGraw

Blood may be thicker than water, but money beats everything.[1]

He that is greedy of gain troubleth his own house.[2]

Before us lies a dispute between brother and sister regarding the division of their deceased father’s real estate. When their father died, the realty in question became the corpus of a trust to benefit his widow, Margie, the trust’s truste... More...
   $0 (04-27-2011 - TX)

Calvin Monasco v. Gilmer Boating and Fishing Club

The Gilmer Boating and Fishing Club (the Club) is a private, unincorporated association[1] located in Upshur County, formed for the purpose of “conducting and maintaining the same as a pleasure resort for the benefit of its members and their families and friends while promoting good environmental practices.” The Club has thirty shares of stock, apparently a majority of which were issued to c... More...   $0 (04-27-2011 - TX)

Sam Roberts Properties, Inc. v. Linda Lan Chmura

After a nonjury trial, Sam Rodgers Properties, Inc. (SRP), appeals an amended final judgment entered in favor of Linda Lan Chmura in the amount of $355,742.55, plus interest. We affirm the portion of the amended final judgment that complies with our prior mandate in Chmura v. Sam Rodgers Props., Inc., 2 So. 3d 984 (Fla. 2d DCA 2008), which orders that the previous foreclosure sale and certificate ... More...   $0 (04-27-2011 - FL)

Mark Hess v. Canberra Development Company, L.C.

¶1 In 2004, Appellees, Mark and Marilyn Hess (collectively, the “Hesses”) purchased an undeveloped lot of land from Canberra Development Company, LC (“Canberra”), located in a subdivision owned and developed by Canberra. After constructing a home on the lot and moving into it, the Hesses began to notice several structural problems, including large cracks in the home’s floor. A short tim... More...   $330057 (04-26-2011 - UT)

Deborah Bedrick v. Bruce L. Bedrick

This appeal involves a dissolution of marriage action in which the defendant, Bruce L. Bedrick, seeks to enforce a postnuptial agreement.1 Today we are presented for the first time with the issue of whether a postnuptial agreement is valid and enforceable in Connecticut.

The defendant appeals from the trial court’s judgment in favor of the plaintiff, Deborah Bedrick. The defendant claims ... More...
   $0 (04-26-2011 - CT)

Thomas M. Tully v. Daniel E. McLean

Plaintiffs Thomas M. Tully, as trustee of the Thomas M. Tully Trust, and F.P.A., LLC (FPA), individually and derivatively on behalf of Old Town Development Associates, LLC (OTD), filed an action against defendants Daniel E. McLean, Piper’s Alley Management, Inc. (PAM), Lincoln Park Development Associates, LP (LPDA), MCL Companies of Chicago, Inc. (MCL), MCL Management Corp. (MCL Management) (col... More...   $0 (04-26-2011 - IL)

Max W. Coll, II v. First American Title Insurance Company

In this litigation, Plaintiffs challenge New Mexico’s statutory scheme regulating title insurance, arguing it is contrary to state law. Here, Plaintiffs appeal the district court’s decision dismissing their claims against several title insurance companies that have complied with this New Mexico law. Having jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.1

I. BACKGROUND

... More...
   $0 (04-26-2011 - NM)

Robert J. Henrichs v. Chugach Alaska Corporation

A former director, accused of misconduct while serving as chair of a corporate board, appeals a jury verdict finding him liable for breach of fiduciary duty.

He also appeals a superior court order banning him from serving on the corporation’s board of directors for five years. The director argues the superior court erred by:

(1) refusing to instruct the jury on what he refers to as... More...
   $0 (04-22-2011 - AK)

Ed Winterhalder v. Burggraf Restoration, Inc.

¶1 Gale and Carolyn Davis appeal the judgment entered by the district court in favor of Burggraf Restoration, Inc., on the ground that the Davises' claim was barred by previous litigation between these parties. Because it cannot be determined from the record on appeal whether the Davises' claim is barred, we reverse and remand to the district court for further proceedings consistent with this Opi... More...   $0 (04-22-2011 - OK)

Atkinson, Haskins, Nellis, Holeman, Phipps, Brittingham & Gladd, v. Vector Securities

¶1 Defendants, Vector Securities, Inc. (VecSec), Vector Properties, Inc. (VecProp), and James W. Dill (Dill), appeal the trial court's grant of summary judgment in favor of Plaintiff, Atkinson, Haskins, Nellis, Holeman, Phipps, Brittingham & Gladd, based on Plaintiff's assertion of offensive nonmutual collateral estoppel to establish that Defendants are alter egos of one another. We initially dis... More...   $0 (04-22-2011 - OK)

Oklahoma Attorneys Mutual Insurance Company v. Capron

¶1 Appellants Stephen Capron and the law firm of Capron & Edwards, PLLC (C&E) appeal the trial court's entry of summary judgment against them in favor of Appellee Oklahoma Attorneys Mutual Insurance Company (OAMIC) in this declaratory judgment action. After reviewing the record and finding no reversible error, we find this case appropriate for summary affirmance as provided by Oklahoma Supreme Co... More...   $0 (04-22-2011 - OK)

Daniel Ben Tennell v. Horsehead Corporation

¶1 Petitioner Daniel Ben Tennell (Claimant) seeks review of an order of a three-judge panel of the Workers' Compensation Court affirming the trial court's decision to deny his claim. In this review proceeding, Claimant challenges the trial court's order as lacking sufficient specificity to permit intelligent review, and the order of the three-judge panel as affected by errors of both fact and law... More...   $0 (04-22-2011 - OK)

Tracy Moore v. Oklahoma State University

¶1 Appellant Tracy Moore (Moore) filed a lawsuit on September 23, 2008, against her former employer, appellee Oklahoma State University d/b/a Oklahoma Cooperative Extension Service (OCES), claiming she was constructively discharged because of a hostile, retaliatory work environment after reporting "several instances of what she believed was fraudulent activity, including improper reporting of tra... More...   $0 (04-22-2011 - OK)

Stillwater Housing Associates v. Jacquie Rose

¶1 Appellants, Payne County Assessor Jacquie Rose and Payne County Board of Equalization (collectively Assessor), seek review of the trial court's orders granting partial summary judgment finding low income housing tax credits are exempt from taxation as intangible personal property, and granting an agreed judgment valuing certain low income housing without including the tax credits as income of ... More...   $0 (04-22-2011 - OK)

Bruce E. Thunberg v. Marc D. Wallick

Bruce Thunberg filed a Chapter 7 bankruptcy petition in August 2000, 11 U.S.C. §§ 701-784 (2006), and Marc Wallick was appointed trustee. An order by the bankruptcy court discharging Thunberg issued in December 2000, but in April 2002, the trustee sought to revoke the discharge on the ground that it had been procured by Thunberg's fraud. Id. § 727(d)(2). In August 2009, the bankruptcy court rev... More...   $0 (04-21-2011 - )

Linda Jurek v. Gary E. Kivell

This appeal arises out of a long-running family dispute in which Linda Jurek fought over ownership of a home with her father, Joseph Forrest, in three separate lawsuits. In the first suit, Jurek entered into a mediation agreement with Forrest in which she agreed to a settle her claims. Jurek later brought this suit alleging that Forrest and his lawyer, Gary Kivell, fraudulently induced her to si... More...   $0 (04-21-2011 - TX)

Humble Emergency Physicians, P.A. v. Memorial Hermann Healthcare System, Inc.

Appellant, Humble Emergency Physicians, P.A. (“Humble”), challenges the trial court’s rendition of summary judgment in favor of appellees, Memorial Hermann Healthcare System, Inc. (“Memorial”), TeamHealth, Inc. (“TeamHealth”), ACS Primary Care Physicians-Southwest, P.A. (“ACS”), and THW Emergency Management of Houston, Inc. (“TH West”), in Humble’s suit against Memorial for... More...   $0 (04-21-2011 - TX)

Eric C. Hixon v. Pedigo Services and K2, Inc. d/b/a Simplex Products and Tyco International

This is the second appeal arising from this residential construction-defect dispute. This Court previously affirmed summary judgment as to several of the plaintiffs’ claims as limitations barred. Hixon v. Tyco Int’l, Ltd, No. 01-04-01109-CV, 2006 WL 3095326, at *10 (Tex. App.—Houston [1st Dist.] Oct. 31, 2006, no pet.). We reversed and remanded, however, the portion of the trial court’s... More...   $0 (04-21-2011 - TX)

International Floor Crafts, Inc., v. Jane Dziemit

This trio of related appeals arises from a 2005 civil action brought by International Floor Crafts, Inc. ("IFC") for violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq., and various Massachusetts state laws after IFC discovered a multi-million dollar fraudulent scheme being perpetrated against it by numerous individuals and entities. By mid-2008... More...   $0 (04-21-2011 - )

Oretha Lewis v. AIG Life Insurance Company

In this diversity case, Oretha Lewis appeals the dismissal of her complaint asserting various theories of recovery under Texas law following her daughter’s death while working for a shipping company. Lewis alleges that the insurer and the insurance agent unlawfully delivered insurance proceeds to her daughter’s employer, who listed itself as the beneficiary in violation of Texas insurableinter... More...   $0 (04-21-2011 - TX)

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