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Fraud Law
 
City of Neodesha, Kansas v. BP Corporation North America, Inc.

All persons and entities owning real property in and around the City of Neodesha, Kansas, brought a class action against the owners of a former oil refinery, alleging groundwater and subsurface soil contamination caused by the now dismantled facility. A jury found in the defendants' favor after a 17-week trial. But in posttrial proceedings, the district court decided it had made a mistake in submi... More...   $0 (08-30-2012 - KS)

Alamo Country Club Owners Association v. James Shelton

By seven issues, consisting of 21 sub-issues, appellants, Alamo Country Club Owners Association (ACCOA) and Melvin Staples, appeal from a final judgment in favor of appellee, James Shelton. We reverse and render in part and affirm in part.

I. BACKGROUND

In 1995, Shelton and his wife Cheryl purchased Lot #260 located at 332 Diana Drive in Alamo, Texas.1 Lot #260 is located in Alamo Co... More...
   $0 (08-30-2012 - TX)

Michael Lacey v. Joseph M. Arpaio

This § 1983 case concerns allegations of unlawful conduct by officials in the Maricopa County Sheriff’s Office (“MCSO”) and the Maricopa County Attorney’s Office (“MCAO”), conduct which culminated in the late-night arrests of Michael Lacey and Jim Larkin, owners of the Phoenix New Times, LLC. Lacey, Larkin, and the New Times (collectively, “Lacey”) sued Sheriff Joseph Arpaio, head... More...   $0 (08-29-2012 - AZ)

American Mining Corporation v. Michael Theriault

This is an appeal from a post-trial decision and final judgment of the Court of Chancery awarding more than $2 billion in damages and more than $304 million in attorneys’ fees. The Court of Chancery held that the defendants-appellants, Americas Mining Corporation (“AMC”), the subsidiary of Southern Copper Corporation’s (“Southern Peru”) controlling shareholder, and affiliate directors ... More...   $0 (08-29-2012 - DE)

Spencer Ondirsek v. Bernie Hoffman

Bernie Lazar Hoffman, better known as Tony Alamo, appeals a jury verdict finding him liable for battery, outrage, and conspiracy. He also appeals the district court’s denial of his motion for remittitur. Having jurisdiction under 28 U.S.C. § 1291, this court affirms in part and reverses in part.

I.

Alamo was the leader of a religious group, Tony Alamo Christian Ministries (TACM). ... More...
   $0 (08-28-2012 - AR)

Chandramouli Vaidyanathan v. Seagate US LLC

Chandramouli Vaidyanathan brought suit against Seagate US LLC and Seagate Technology LLC (collectively, Seagate), alleging a violation of Minnesota Statutes section 181.64, false statements as inducement to entering employment, and a common law claim of promissory estoppel. The jury returned a verdict for Vaidyanathan on his statutory claim, awarding him $1.9 million in damages. The district court... More...   $0 (08-28-2012 - MN)

Landmark Investment Group, LLC v. Chung Family Realty Partnership, LLC

The defendant, Chung Family Realty Partnership, LLC, appeals from the trial court’s order granting the application for a prejudgment remedy filed by the plaintiff, Landmark Investment Group, LLC. On appeal, the defendant claims that (1) the doctrine of res judicata prevents the plaintiff from relitigating issues that have been or could have been litigated in the first litigation; and (2) the cou... More...   $0 (08-28-2012 - CT)

J.P. Alexandre, LLC v. Louis O. Egbuna

The plaintiffs, Yvon J. Alexandre (Alexandre) and J.P. Alexandre, LLC (LLC), appeal from the summary judgment rendered by the trial court in favor of the defendants, Louis O. Egbuna and Paul Greenfield. On appeal, the plaintiffs claim that the court improperly concluded that (1) it lacked subject matter jurisdiction over the LLC’s federal constitutional claims arising under 42 U.S.C. § 19831 an... More...   $0 (08-28-2012 - )

Aidan Ming-Ho Leung v. Verdugo Hills Hospital

Six days after his birth, plaintiff suffered irreversible brain damage. Through his mother as guardian ad litem, he sued his pediatrician and the hospital in which he was born. Before trial, plaintiff and the pediatrician agreed to a settlement of $1 million, the limit of the pediatrician‟s malpractice insurance policy. At a jury trial, plaintiff was awarded both economic and noneconomic damages... More...   $0 (08-26-2012 - CA)

Marvin Lionel Friddle v. Fred Fisher

In Hopkins County, Texas, Marvin Lionel Friddle brought suit against Fred Fisher and wife, Ruth Fisher, and Valence Operating Company, Inc., under a claim that Valence had paid royalties on the production of oil and gas to the Fishers that were rightfully owed to Friddle as the holder of a nonparticipating royalty interest (NPRI) to which the Fisher ownership was subject. Friddle’s case against ... More...   $0 (08-24-2012 - TX)

Edmund Sanchez, M.D. v. Nickolas Martin

This is an interlocutory appeal from an order denying appellants’ motions to dismiss under the expert-report provisions of Chapter 74 of the Texas Civil Practice and Remedies Code. We reverse and remand.

I. BACKGROUND

Our factual recitation is based upon appellees’ live pleading. Appellees Nickolas and Teresa Martin are the survivors of decedent Jim Martin. Decedent received a li... More...
   $0 (08-24-2012 - tX)

In re the Marria of Andrea and Andrew Left

This matter arises out of dissolution of marriage proceedings between Andrew Edward Left (Andrew) and Andrea Nicole Left (Andrea).1 On February 7, 2007, the parties entered into a stipulation providing for Andrew to pay spousal support to Andrea in the amount of $32,547 per month and child support in the amount of $14,590 per month. A judgment of dissolution, as to status only, was entered on June... More...   $0 (08-23-2012 - ca)

David Steakley v. Round One Investments, L.P.

Appellants David Steakley, Marvin Steakley, Darrell Kainer, Alan Peters, Glen M. Boudreaux, and Tim S. Leonard (“Buyers”) appeal from an order dismissing their case without prejudice based upon a contractual forum-selection clause. We conclude that the Buyers’ claims are not within the scope of the forum-selection clause. Accordingly, we reverse and remand for further proceedings.

Bac... More...
   $0 (08-23-2012 - TX)

Rosa LaRue v. Kalex Construction and Development, Inc.

The issue we must resolve in this appeal is whether full performance of an alleged oral employment agreement, which was incapable of performance within one year, is barred by the statute of frauds. Because we conclude that it is barred, we affirm the trial court’s order granting summary judgment and entering final judgment in favor of Kalex Construction and Development, Inc. (“Kalex”).
More...
   $0 (08-23-2012 - FL)

Jerrold M. Metcoff v. NCT Group, Inc.

In this action arising from a corporate merger, the defendant Michael J. Parrella, Sr.,1 appeals from the judgment of the trial court, rendered after a jury trial, in which the jury awarded damages to the plaintiffs, Jerrold M. Metcoff and David B. Wilson, for losses they sustained as a result of misrepresentations made to them by the defendant in and at the time of the merger agreement. On appeal... More...   $0 (08-21-2012 - CT)

Oklahoma Department of Securities ex rel. Irving L. Faught v. Marvin Lee Wilcox

At the behest of the Oklahoma Department of Securities, Oklahoma courts found early investors in a Ponzi scheme carried out by a third party to have been unjustly enriched and required disgorgement. Judgments were entered against those investors.

We must decide whether the judgments entered against Robert Mathews, Marvin Wilcox, and Pamela Wilcox qualify as a nondischargeable debt under 11 ... More...
   $0 (08-21-2012 - OK)

Suzette McKenna v. Wells Fargo Bank, N.A.

On November 9, 2006, Charles McKenna entered into a loan refinancing agreement with Wells Fargo Bank, N.A., evidently to help pay for his children's college education. As part of the transaction, Charles McKenna and his wife, Suzette McKenna, granted Wells Fargo a mortgage on their residence in South Orleans, Massachusetts. On the same day, Wells Fargo provided the McKennas with a disclosure form... More...   $0 (08-21-2012 - MA)

Subodh Sonwalker, M.D. v. St. Luke's Sugar Land Partnership, LLC

Appellants Subodh Sonwalkar, M.D. and Wolley Oladut, M.D. held partnership units in appellee St. Luke’s Sugar Land Partnership, L.L.P (“the Partnership”). They applied for a temporary injunction to enjoin the Partnership and its managing partner, appellee St. Luke’s Community Development Corporation—Sugar Land (the “Managing Partner”) from terminating their partnership interests and ... More...   $0 (08-18-2012 - TX)

Peter Fazio v. Cypress/GA Houston I, L.P>

Appellees, Cypress/GR Houston I, L.P., Cypress/GR Houston, Inc., and Cypress Equities, Inc. (collectively, “Cypress”),1 moved for rehearing of our January 19, 2012 opinion. We grant the motion for rehearing, withdraw our January 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Cypress’s February 24, 2012 motion fo... More...   $0 (08-18-2012 - TX)

United States Fire Insurance Company v. The Lynd Company

The motion for rehearing filed by appellee The Lynd Company is granted. This court’s opinion and judgment dated April 25, 2012 are withdrawn, and this opinion and judgment are substituted.

This appeal involves issues arising out of a summary judgment proceeding and a bench trial on damages, statutory interest, and attorney’s fees. The key issue on the summary judgment is whether a mat... More...
   $0 (08-17-2012 - TX)

Juan Hernandez v. Yolanda Hernandez

Appellant, Juan Hernandez (“Juan”), appeals from the trial court’s “Order of Enforcement by Contempt (Property Division), Order Dividing Property, and Order Determining Interest Rate” (“Contempt Order”) in favor of appellee, Yolanda Hernandez (“Yolanda”). We affirm.

I. BACKGROUND

A final decree of divorce was entered by the trial court on October 8, 2008, and Juan a... More...
   $0 (08-16-2012 - TX)

Marvin Lionel Friddle v. Fred Fisher

In Hopkins County, Texas, Marvin Lionel Friddle brought suit against Fred Fisher and wife, Ruth Fisher, and Valence Operating Company, Inc., under a claim that Valence had paid royalties on the production of oil and gas to the Fishers that were rightfully owed to Friddle as the holder of a nonparticipating royalty interest (NPRI) to which the Fisher ownership was subject. Friddle’s case against ... More...   $0 (08-16-2012 - TX)

Glencrest Resources, LLC v. Pamela Ellis

In this interlocutory appeal,[2] appellant Glencrest Resources, LLC complains that the trial court erred by certifying this case as a class action. Appellants Leonard Edward Briscoe Jr., Doris Briscoe, and Rosanna Briscoe, as heirs to the estate of Leonard Briscoe Sr. (collectively, the Briscoe defendants) complain that the trial court erred by failing to dismiss them from the suit. We overrule ... More...   $0 (08-16-2012 - TX)

Todd C. Brennan v. City of Willow Park Texas

On June 21, 2012, this court issued an opinion reversing the trial court’s judgment and remanding Appellants’ claims for declaratory judgment, for injunctive relief, and for a writ of mandamus asserted against all Appellees, to the trial court for further proceedings. Appellee City of Aledo filed a motion for rehearing and motion for en banc reconsideration. After due consideration, we deny ... More...   $0 (08-16-2012 - TX)

Back Bay Spas, Inc. v. 441 Stuart Marketing, LLC

Appellant Back Bay Spas, Inc. ("Back Bay"), seeks specific performance of a contract -- termed the "Letter Agreement" -- giving it the right to purchase the space it occupies in a building slated for conversion to condominium units. Three factors complicate the scenario: (1) the other party to the Letter Agreement needed the written consent of its mortgage bank for the sale, but no such writing e... More...   $0 (08-16-2012 - MA)

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