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Fraud Law
David Garrett v. Mitchell Garrett

David Garrett and Garrett Law Office, P.C. sued Mitchell Garrett, Amber Garrett and Gemini Acquisitions, LLC on breach of fiduciary duty, fraud, breach of contact, and tortious interference with contract theories.

The claims made and defense asserted are not available.... More...
   $1 (12-08-2011 - OK)

Jill J. Moore v. Billy Joe Moore

Jill J. Moore appeals the trial court’s final decree of divorce entered after she had reached a mediated settlement agreement (MSA) with her husband, Billy Joe Moore. In her sole issue, Jill argues that the trial court abused its discretion by entering a decree inconsistent with the terms of the MSA. Finding error, we reverse in part, reform in part, and affirm in part.

<... More...
   $0 (12-08-2011 - TX)

Robert David Lewis v. AT&T Mobility

This is an appeal from the grant of summary judgment. Appellant David Lewis sued Brandy Phillips, Cody Boyd, AT&T Mobility, LLC, and Metropolitan National Bank for Phillips’s use of Lewis’s VISA debit card.1 Specifically, Lewis alleged that AT&T allowed Phillips to use his debit card number on numerous occasions to purchase items or to pay her debts without presentation of the debit card, a PI... More...   $0 (12-07-2011 - AR)

Diane Borchers v. Franciscan Tertiary Provence of the Sacred Hearth

¶ 1 After the plaintiff, Diane Borchers, found out that her former employer, the defendant Franciscan Tertiary Province of the Sacred Heart, Inc., d/b/a Mayslake Village, Inc. (Mayslake), had accessed her personal e-mail account and printed out over 30 personal e-mails, she brought suit against Mayslake, alleging violations of title II of the federal Electronic Communications Privacy Act of 1986 ... More...   $0 (12-07-2011 - IL)

James Cunningham v. Aviva Life and Annunity Company

James Cunningham appeals from the district court order granting summary judgment in favor of Aviva Life and Annuity Company (Aviva). Cunningham argues the district court erred in granting summary judgment on Aviva’s breach of contract and indemnification claims, as well as awarding attorney fees. We hold that the entry of summary judgment on Aviva’s breach of contract claim was proper. However... More...   $0 (12-07-2011 - IA)

Jeff Anderson v. M.A.N. Equipment Sales, LLC

On November 29, 2005, Jeff Anderson wired a $100,000 loan that he believed was for his brother Richard Anderson and his significant other Michelle A. Nitke. However, the money was wired to an account held by M.A.N. Equipment Sales, L.L.C. (M.A.N.), which is owned by Michelle. After receiving no payments on the loan, Jeff filed a petition at law, alleging breach of contract and fraud against Richar... More...   $0 (12-07-2011 - IA)

R. Michael Stillwell v. Allstate Insurance Company

This appeal involves an insurance dispute. R. Michael Stillwell, a Georgia resident, purchased an Allstate Insurance Company landlord insurance policy from Anthony Edwards Insurance Agency, Inc. (“Edwards”), a Georgia corporation, for a property he owned in East Point, Georgia. The property had at least nine bedrooms, all with separate locks and keys, and Stillwell rented the rooms to unrelate... More...   $0 (12-07-2011 - GA)

Transportation Alliance Bank, Inc. v. Arrow Trucking Co.

Transportation Alliance Bank of Ogden sued Arrow Trucking Co., James Douglas Pielsticker, Megan Corporation, Piel Corporation and Carol Pielsticker on breach of contract and fraud theories relating to a loans totaling $15.1. million loaned to Arrow Trucking Co.... More...   $500000 (12-06-2011 - TX)

Michael Lopez v. Nissan North America, Inc.

To regulate the accuracy of commercial measuring instruments, California has adopted the tolerance standards set by the National Institute of Standards and Technology (NIST). Business and Professions Code section 12500, subdivision (c),1 provides, in substance, that any commercial measuring instrument that is accurate within the relevant NIST tolerance standard is “correct.”

The instant... More...
   $0 (12-05-2011 - CA)

Richardo Yonzon Calma v. Eric H. Holder, Jr.

The petitioners in these consolidated cases, Ricardo Calma and Oleh Khomyshyn, have a great deal in common. Both have been in the United States for many years without permission, and each would like to adjust his status to that of lawful permanent resident through relatives who are legitimately in the United States.

When the time came for an immigration judge to issue a decision, each was f... More...
   $0 (12-05-2011 - IL)

Darryl S. Gaddis v. Ralph A. Nye

Darryl S. Gaddis and Cliffa R. Gaddis sued Ralph A. Nye and Betty J. Nye on fraud theories claiming that on January 30, 2008 they purchased a home at 3201 Brockwood, Enid, Oklahoma. Prior to closing, Defendants provided Plaintiffs with a Residential Property Condition Disclosure Statement that did not disclose defects in the property.

Defendants admitted some of the allegations made by t... More...
   $1 (12-02-2011 - OK)

Shamell v. Samuel-Bassett v. KIA Motors America, Inc.

Appellant, an automobile manufacturer who unsuccessfully defended a class action lawsuit for breach of express warranty, appeals the Superior Court’s decision to affirm the certification of the class by the trial court, and the amount of damages and litigation costs awarded to the class. Costs included a significant legal fee, entered pursuant to the Magnuson-Moss Warranty Improvement Act (the â... More...   $0 (12-02-2011 - PA)

Mayola Williams v. R.J. Reynoldes Tobacco Company

2 This is a certified appeal from the Court of Appeals. See ORS 19.405
3 (describing process for certification of appeal to this court). The dispute arises out of the
4 case of Williams v. Philip Morris, Inc., in which, in 1999, a jury awarded the Estate of
5 Jesse Williams (the Williams estate) compensatory damages and $79.5 million in
6 punitive damages for Philip Morris, Inc.'s ... More...
   $0 (12-02-2011 - OR)

Mayola Williams v. R.J. Reynoldes Tobacco Company

The judgment of the circuit court in Williams v. Philip Morris (CC970503957) is reversed, and the case is remanded for entry of a judgment consistent with this opinion. The post-judgment order in State v. American Tobacco Co. (CC 970604457) is reversed. *Balmer and Landau, JJ., did not participate in the consideration or decision of this case. 1 1 DE MUNIZ, C. J. 2 This is a certified appeal from ... More...   $0 (12-02-2011 - OR)

American Bank v. T.D. Bank

American Bank sued T.D. Bank on aiding and abetting and conspiracy to commit loan fraud perpetrated by disgraced Olando businessman and boy-band promoter Louis J. Peralman. American Bank and 25 other banks made a $28.5 million loan to Pearlman in March 2006.

American Bank sought damages for aiding and abetting and civil conspiracy arising out of TD Bank's participation in the $28.5 milli... More...
   $28500000 (12-02-2011 - MN)

Jonathan Gilchrist v. James W. Corroll

In this breach-of-contract case, defendant Jonathan Gilchrist argues that the trial court erred in holding him jointly and severally liable with certain corporations for breaching duties owed to plaintiff James W. Carroll. According to Gilchrist, Carroll did not plead or prove fraud or any other basis for holding Gilchrist vicariously liable for the corporations‟ actions. We conclude, however, t... More...   $0 (12-01-2011 - TX)

Beatriz Nava v. Christian R. Rivas-Del Toro

This personal injury action arising out of a traffic accident was dismissed against the owners of the truck driven by the person who was allegedly at fault on the ground that he was an employee of the owners and was outside the course and scope of his employment. Because that is not a defense to the claims alleged in the complaint, we vacate the judgment of the district court.


Fac... More...
   $0 (11-30-2011 - ID)

County of Boise v. Idaho Counties Rick Management Program

This is an insurance coverage dispute between the County of Boise (the County) and its insurer, Idaho Counties Risk Management Program (ICRMP). ICRMP refused to defend the County in Fair Housing Act (FHA) litigation in federal court, which the County claimed breached its insurance agreement. The district court determined the FHA claims against the County were excluded from the policy and granted s... More...   $0 (11-30-2011 - ID)

Cox v. City of Tulsa


This answer brief is jointly filed by the City of Tulsa, Kathy Taylor, the Tulsa Stadium
Trust and the intervening property owners (collectively, when appropriate, the "appellees"). For
the reasons addressed below, this Court should reject the appeal in its entirety.


Downtown Tulsa is a clearly delin... More...
   $0 (11-30-2011 - OK)

Daniel R. Wolf v. Daniel K. Allred

Daniel R. Wolf sued Daniel K. Allred and D & D Manufacturing Co., Inc. on breach of contract, conversion, dissolution of corporation and tortious interference theories. Defendants counterclaimed asserting breach of fiduciary duty and fraud.

The claims made and defenses asserted are not available.

   $0 (11-30-2011 - OK)

Hershel Oscar Rosenbaum v. Washoe County

Hershel Oscar Rosenbaum (“Rosenbaum”) and his children appeal the district court’s order granting the defendants’ motion for summary judgment on the grounds of qualified immunity.

Rosenbaum was arrested as he stood outside a fair selling promotional tickets that he had received for free from a radio station. He was wearing a t-shirt with the logo of the station; his children, ages e... More...
   $0 (11-30-2011 - NV)

Roberta Schwartz v. Merrill Lynch & Co.

1 KEARSE, Circuit Judge:
2 Plaintiff Roberta Schwartz appeals from a judgment of the United States District Court
3 for the Southern District of New York, William H. Pauley III, Judge, denying her petition to vacate
4 an arbitration decision that rejected her claims asserting principally that defendant Merrill Lynch &
5 Co, Inc. ("Merrill Lynch" or the "Firm"), her employer, d... More...
   $0 (11-30-2011 - NY)

The Yavapai-Apache Nation v. Iipay Nation of Santa Ysabel

Plaintiff and appellant the Yavapai-Apache Nation (YAN) appeals from the trial court's order granting the motion to quash service of summons filed by defendant and respondent Iipay Nation of Santa Ysabel (previously known as the Santa Ysabel Band of Diegueno Indians; "Nation"). YAN's breach of contract action arose from alleged breaches by Nation of obligations contained in several related documen... More...   $0 (11-29-2011 - CA)

Erik E. Lang v. Warren W. Roche

Do principles of equity and fairness permit the redemption of property purchased by a judgment creditor at an invalid execution sale, though the statutory scheme characterizes execution sales as “absolute”? The answer is yes. Equitable redemption is available to those whose fundamental rights have been trampled. Citizens may not be dispossessed of their property by a “creditor” executing o... More...   $0 (11-29-2011 - CA)

Samone Redd v. Rosemarie Nolan

Samone Redd’s probationary employment with the Cook County Department of Corrections ended with her resignation on October 31, 2007.

Redd had been a witness in a criminal investigation conducted by Detective John Dougherty of the City of Chicago Police Department. She has sued Dougherty, alleging that when she refused to lie to further the ends of that investigation, he tortiously interfe... More...
   $0 (11-29-2011 - IL)

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