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Fraud Law
 
Douglas G. Bezio v. SCot E. Braeger

The question on appeal is whether the district court erred in enforcing an arbitration clause in an attorney-client engagement letter as to malpractice and unfair practice claims brought by a former client under Maine law.

The client is Douglas Bezio, who sued his former law firm of Bernstein, Shur, Sawyer & Nelson (BSSN) and individual defendants, alleging malpractice and violati... More...
   $0 (12-16-2013 - ME)

Igor Palagin v. Paniagua Construction, Inc.

Igor Palagin (Palagin) appeals from a judgment, entered against him after a trial de novo in the superior court, concerning a wage claim he initially brought before the Labor Commissioner. (Labor Code, § 98 et seq.)1 Palagin contends: (1) the court should have dismissed the proceedings, because respondents did not post an undertaking by the statutory deadline (§ 98.2(b)); (2) the court erred in ... More...   $0 (12-16-2013 - CA)

Kody Brown, et al. v. Gary R. Hebert, et al.

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh... More...   $0 (12-15-2013 - UT)

Andrea A. Crowson v. Thomas D. Crowson, Jr.; Barrett and Coble, Attorneys at Law; John Barrett; and Kathleen Debra Coble

Andrea A. Crowson appeals the trial court’s final decree of divorce awarding custody and visitation and dividing the marital estate pursuant to the terms of a mediated settlement agreement (the MSA). In five issues, Andrea1 challenges the trial court’s enforcement of the MSA.

For the reasons that follow, we affirm the trial court’s final decree of divorce.2

1 We refer to the pa... More...
   $0 (12-13-2013 - TX)

Milton Howard Gaines v. Fidelity National Title Insurance Company

In November 2006, Fannie Marie Gaines filed a complaint alleging causes of action for fraud and related claims arising out of the sale of her home.1 By May 2012, the action had not been brought to trial. In August 2012, the trial court dismissed the suit for failure to bring the action to trial within five years, within the meaning of Code of Civil Procedure section 583.310, et seq. On appeal, pla... More...   $0 (12-12-2013 - CA)

Mark A. D'Andrea, M.D., Gulf Coast Cancer & Diagnostic Center of Southeast, Inc., Gulf Coast Oncology Associates, P.A., University Center Huntsville-Brenham, Inc and Southeast Gulf Coast Business Development, L.P. v. Epstein, Becker, Green, Wickliff & Hall, P.C., Epstein Becker & Green, P.C., and Stephen R. Cochell

We issued an opinion in this case on October 31, 2013, reversing the trial court‘s summary judgment and remanding the case. Appellees subsequently filed

2

a motion for rehearing. Without changing the disposition of the case, we deny the motion for rehearing, withdraw our previous opinion, and issue this substitute opinion.

In this attorney malpractice case, the plaintiffs ar... More...
   $0 (12-12-2013 - TX)

Rosita H. Smith v. JEM Group, Inc.

JEM Group, Inc. (“JEM”) appeals from the district court’s denial of its motion to compel arbitration. The district court held that it had authority to decide whether an arbitration clause contained in an attorney retainer agreement is unconscionable. On the merits, the court held that the clause is unconscionable under Washington law.

We affirm.

I. Background

Rosita Smit... More...
   $0 (12-12-2013 - WA)

United States ex rel. Steven May v. Purdue Pharma, L.P.

Appellants Steven May and Angela Radcliffe brought this action under the False Claims Act, 31 U.S.C. §§ 3729-33 (the “FCA”), against Purdue Pharma L.P. and Purdue Pharma, Inc. (together, “Purdue”). Giving preclusive effect to this court’s decision in United States ex rel. Radcliffe v. Purdue Pharma L.P., 600 F.3d 319 (4th Cir. 2010), the district court dismissed the action on res judic... More...   $0 (12-12-2013 - WV)

Kisano Trade & Invest Limited v. Dev Lemster

In June of 2011, Kisano Trade & Invest Limited (“Kisano”) and Trasteco Ltd. (“Trasteco”), two companies owned by Vadim Shulman, filed suit in the U.S. District Court for the Western District of Pennsylvania against Dev Lemster and his company, Steel Equipment Corp. The complaint alleged violations of the Racketeer Influenced Corrupt Organizations Act (“RICO”), intentional interference ... More...   $0 (12-12-2013 - PA)

Bradley Scott Edwards and Kristen Edwards v. Robert E. Edwards

Appellant Bradley Scott Edwards (hereinafter “Appellant” or “Scott”)1 appeals the denial of his motion for a new trial following an adverse verdict in a personal injury suit filed against Scott’s father, Robert E. Edwards (“Appellee” or “Robert”). In his sole issue on appeal, Appellant argues that the trial court abused its discretion by denying a new trial in light of evidence f... More...   $0 (12-11-2013 - TX)

Natache Guirma v. Kathleen O'Brien

2 In this professional negligence action, plaintiff alleged that defendant, an
3 attorney who represented her in an adoption proceeding, committed malpractice by
4 arranging to serve the birth mother with the adoption petition by publication. Defendant
moved to dismiss the complaint under ORCP 21 A(9)1 5 on the ground that it was untimely
under the statute of limitations for profes... More...
   $0 (12-11-2013 - OR)

Donna Burgdorf v. Brian K. Weston

2 This civil case arises out of an ownership dispute concerning a piece of real
3 property, which plaintiff and defendant each assert that they own, and exchanges of
4 money between the parties. Plaintiff appeals from a limited judgment entered by the trial
5 court after the court granted defendant's motion for summary judgment on plaintiff's
6 claims for declaratory relief, fraud,... More...
   $0 (12-11-2013 - OR)

H.B. Krug v. Helmerich & Payne, Inc.

¶1 Helmerich & Payne, Inc. (H&P) appeals a judgment in favor of the plaintiffs, who are a class of oil and gas royalty owners. The jury returned verdicts on three alternative theories of recovery. The trial court judge granted judgment that included disgorgement of profits based on a sum the trial court found unjustly enriched H&P. On appeal, the Court of Civil Appeals affirmed in part and revers... More...   $0 (12-10-2013 - OK)

Jeffrey C. Rowsey v. Frank N. Fore, et al.

Jeffrey C. Rowsey sued Frank N. Fore, Leigh Ann Fore, Blake A. Loveless, Peter M. Walter & Associates, Inc., Peter Walters, Katherine Sue Frame, William B. Ford, Brewer Russell, Inc, Environmental Hazard Controls Lab, Inc., Accurate Roofing, Inc. and Erickson Inspections, LLC on professional negligence, fraud, breach of contract and other theories.

1. Plaintiffs, Jeffrey C. and Lisa Rowse... More...
   $0 (12-10-2013 - OK)

Alexander McInnis v. Katherine E. Snoody

Alexander McInnis sued Katherine E. Snoody on a negligence theory claiming:

1. The Plaintiff is a resident of Oklahoma County, State of Oklahoma.

2. That the Defendant, Katherine E. Snoody, is believed to be a resident of Oklahoma County, State of Oklahoma.

3. That on or about August 2,2011 in Oklahoma City, Oklahoma, Plaintiff, Alexander Mclnnis, was driving his vehicle... More...
   $1 (12-10-2013 - OK)

United States of America v. McKenzie Carson

The United States of America charged McKenzie Carson with:

Count: 1-4 Citation: 18:1591.F Offense Level: 4 SEX TRAFFICKING OF CHILDREN OR BY FORCE, FRAUD OR COERCION 18: 2 aiding and abetting

Press Release:

A federal jury today convicted a Bolingbrook man of running a sex trafficking ring between at least late 2009 and November 2010 that forced into prostitution at ... More...
   $0 (12-10-2013 - IL)

David Cassirer v. Thyssen-Bornemisza Collection Foundation

The Cassirers appeal the district court’s grant of the Thyssen-Bornemisza Collection Foundation’s motion to dismiss their complaint without leave to amend. The Cassirers’ lawsuit seeks to recover a masterpiece French impressionist painting that was allegedly taken from their ancestors by the Nazi regime. For the Cassirers’ claims to be timely, they must rely on amended California Code of C... More...   $0 (12-10-2013 - CA)

Matthew E. Taylor v. Eloisa Maria Taylor

Eloisa Taylor appeals from a decision of the Bankruptcy Appellate Panel of the Tenth Circuit (“BAP”) affirming a decision of the United States Bankruptcy Court for the District of New Mexico. The bankruptcy court granted summary judgment in favor of Eloisa’s former spouse, Matthew Taylor. The bankruptcy court determined that a $50,660.59 debt Eloisa owed to Matthew for overpayment of spousal... More...   $0 (12-09-2013 - NM)

Lennar Corp. v. Briarwood Capital, LLC, et al.

Lennar Corp. sued Briarwood Capital, LLC, Nicolas Marsch, III, Barry Minkow on defamation and conspiracy theories claiming that Marsch and Barry Minkow conspired to extort money from it.

Minkow's Fraud Discovery Institute alleged that Plaintiff operated like a Ponzi scheme in January 2009. Plaintiff claimed that Minkow made the allegations at the behest of Marsch, who company, Briarword ... More...
   $1000000000 (12-06-2013 - FL)

Tamara Frizzell v. Barbara Murray

Respondent Tamara Frizzell received a $100,000 loan from petitioner Barbara Murray, secured by a deed of trust on Frizzell's home. Frizzell defaulted and a nonjudicial foreclosure sale was set. Before the sale, Frizzell filed an action against Barbara and her husband Gregory Murray, alleging several claims, as well as a motion for an order to enjoin the sale. A judge stayed the sale, conditioned u... More...   $0 (12-05-2013 - WA)

Heather Edwards v. Broadwater Casitas Care Center

Plaintiff, Heather Edwards, has appealed cost and attorney’s fee awards imposed by the trial court against her following the unsuccessful arbitration of her employment discrimination claim. She argues the trial court exceeded its jurisdiction in awarding costs and attorney’s fees to defendants, Broadwater Casitas Care Center, LLC and Nathan Ure. Defendants have moved to dismiss plaintiff’s a... More...   $0 (12-05-2013 - CA)

Johnnie Aguilar v. Terri M. Breckenridge

Terri Breckenridge sued Johnnie Aguilar for breach of a loan agreement. Following a bench trial, the trial court rendered judgment against Aguilar for

2

$8,882 in favor of Breckenridge. On appeal, Aguilar, acting pro se, presents four issues challenging the judgment.

We affirm.

Background

Terri Breckenridge moved into a home located at 36615 Maverick, which was o... More...
   $0 (12-05-2013 - TX)

Ivana Vidovic Mlinar v. United Parcel Service, Inc.

Appellant h a s moved for rehearing, rehearing e n banc, and certification of conflict. We deny the motion for rehearing and rehearing en banc, but grant the motion for certification of conflict. We withdraw our prior opinion and substitute the following opinion in its place. Ivana Vidovic Mlinar appeals a final order dismissing all of her claims against UPS o n th e ground that the claims were pr... More...   $0 (12-04-2013 - FL)

Russell Arthur Kemna v. City of Enid

Russell Arthur Kemna sued the City of Enid, County of Garfield, State of Oklahoma, by the City of Enid City Council of the City of Edid, County of Garfield, State of Oklahoma consisting of William E. Shewey Mayor, Mike Stuber, Ron Janzen, Lewis Blackburn, Drew Ritchie, Tammy Wilson, Todd Ging and Eric Benson City Manager and Christopher Lewis, Thomas A. Watts, individually and jointly on personal ... More...   $0 (12-04-2013 - OK)

Jo P. Gwinn v. Petraco, Inc.

Jo P. Gwinn sued Petraco, Inc., Marten Bros. House Movers, Inc., Next Generation Technologies Group, Inc., David Stough and Boehm Plumbing, Inc. on negligence theories claiming:


1. Petitioners entered into a contract with Petraco for the construction of a single family residence. A copy of the contract is attached and labeled Exhibit A.

2. Petitioners had notified Petraco of cert... More...
   $0 (12-04-2013 - OK)

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