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Fraud Law
 
American National Property and Casualty Company v. Ensz & Jester, P.C.

This case involves a professional negligence claim, a breach of fiduciary duty claim, and a breach of contract claim. The issue is whether and to what extent section 537.0601 bars recovery on the claims. That section discharges a settling tortfeasor from liability to a second tortfeasor when the liability is based in contribution or indemnity for the same injury to which the settlement agreement a... More...   $0 (10-26-2011 - MO)

Jeanette Rick v. Wyeth, Inc.

In 2004 and 2005, appellants, citizens of New York, sued the appellee pharmaceutical companies in New York state court claiming that appellees’ hormone replacement therapy drugs caused appellants to develop breast cancer. After substantial discovery, appellees moved for summary judgment on the ground that the claims were time-barred under the three-year New York statute of limitations. Appellant... More...   $0 (10-25-2011 - MN)

Cynthia D. Carrillo-Yeras v. Michael J. Astrue

Cynthia Carillo-Yeras appeals the district court’s decision affirming the Social Security Administration’s denial of her applications for disability insurance benefits and supplemental security income. Because the SSA took nearly two years to investigate whether to reopen a favorable determination on one of Carillo-Yeras’s applications, much longer than the presumptive time of six months, 20... More...   $0 (10-25-2011 - CA)

Carolyn Holmes v. National Service Industries, Inc.

We granted certiorari to review the Court of Appeals' opinion in Holmes v. Nat'l Servs. Indus., Op. No. 2009-UP-364 (S.C. Ct. App. filed June 25, 2009).[1] We affirm.

FACTS

Petitioner began working for respondent National Service Industries ("National"), a linen company, at its Charleston laundering facility in August 1984. According to petitioner, the work environment at the facil... More...
   $0 (10-24-2011 - SC)

Edward J. Tarnavsky v. David A. Tschider

[¶1] Edward Tarnavsky appeals from a district court order denying his N.D.R.Civ.P. 60(b) motion for relief from a judgment dismissing his action against David Tschider--an attorney who represented Tarnavsky's brother and sister-in-law in previous cases where Tarnavsky was the adverse party--for various claims of fraud, deceit, and misrepresentation. Tarnavsky also submitted a motion for leave to ... More...   $0 (10-24-2011 - ND)

Keith Jones v. United Parcel Service, Inc.

In this diversity action, Defendant United Parcel Service, Inc. (“UPS”) appeals following a jury verdict awarding Plaintiff Keith Jones (“Jones”) over $2.5 million in actual and punitive damages based on UPS’s retaliatory discharge in violation of Kansas common law. See Gonzalez-Centeno v. N. Cent. Kan. Reg’l Juvenile Det. Facility, 101 P.3d 1170, 1173 (Kan. 2004) (describing common la... More...   $0 (10-24-2011 - KS)

Dominic Marrocco v. Mark Hill

This is an accelerated, interlocutory appeal from the trial court’s order denying appellant Dominic Marrocco’s special appearance. Marrocco contends that the trial court erred because he has not consented to Texas’ jurisdiction, and, alternatively, that the enforcement of a forum-selection clause against him would be unreasonable and unjust. We affirm.

I

Sometime in 2008, M... More...
   $0 (10-21-2011 - TX)

John W. Small v. Murriah S. McMaster

Appellee Murriah McMaster brought suit to establish an informal or common-law marriage to appellant John W. ―Jack‖ Small, and for a divorce and property division. The informal marriage and property issues were bifurcated and tried separately. After the first jury trial, the trial court signed an interlocutory judgment establishing an informal marriage between Murriah and Jack beginning on Dece... More...   $0 (10-21-2011 - TX)

Lucky Dawg Movers, Inc. v. Wee Haul, Inc.

This is an appeal from a jury verdict in favor of Lucky Dawg Movers, Inc. f/k/a Wee Haul of Atlanta, Inc. d/b/a Apartment Movers See Footnote 1 against Wee Haul, Inc. d/b/a Apartment Movers (“Wee Haul”). The jury awarded Lucky Dawg $35,725.26 in damages after finding Wee Haul engaged in deceptive trade practices, that is, false, misleading, and deceptive acts or practices upon which Lucky D... More...   $0 (10-21-2011 - TX)

Maurice Oliver v. James Hill

Maurice and Dionne C. Oliver appeal the trial court summary judgment arising out of a dispute with James Hill over an agreement to lease and transfer real property located in Spring, Texas.[1] Maurice Oliver claims that the trial court erred in granting summary judgment in favor of Hill on his claims for breach of contract, defamation, fraud in a real estate transaction, and malicious prosecuti... More...   $0 (10-21-2011 - T)

Alvin Peterson v. Todd Sando

.

[¶1] Alvin Peterson appealed and the State Engineer, Todd Sando, cross-appealed from a district court judgment affirming in part and reversing in part a State Engineer order determining there was an unauthorized dam on Peterson's property in Walsh County and requiring Peterson to construct a drainage ditch to maintain water impounded by the dam at a level of 1543.5 feet mean sea level. T... More...
   $0 (10-20-2011 - ND)

Brewster McCauley v. City of Chicago

Mersaides McCauley was shot and killed by her ex-boyfriend Glenford Martinez as she left the parking lot of her church in Chicago. Martinez then turned the gun on himself. At the time of the murdersuicide, Martinez was on parole for an earlier homicide and had a history of harassing and assaulting McCauley in violation of his parole and a court order of protection issued on her behalf. Chicago law... More...   $0 (10-20-2011 - )

Frank Marler v. E.M. Johansing, LLC

Courts deciding whether to certify that a lawsuit qualifies for a class action must determine which obstacles create insuperable barriers to class relief and which do not. This can be a daunting task, but not here.

Plaintiffs Frank Marler, Sandra Marler and the Hollywood Beach Acquisition Association, Inc. (HBAA) (plaintiffs) filed a class action complaint on behalf of the Hollywood Beach M... More...
   $0 (10-19-2011 - CA)

Eric Parker v. Michael Murdock

¶ 1 In this case we are called upon to determine whether the circuit court erred in denying plaintiffs', Eric Parker's and Lynlee Muehring's, petition brought pursuant to section 2-1401(f) of the Illinois Code of Civil Procedure (Code), seeking to vacate an order previously entered by the circuit court, which plaintiffs contend is void. 735 ILCS 5/2-1401(f) (West 2008). Plaintiffs argue the order... More...   $0 (10-18-2011 - IL)

Alerus Financial , N.D. v. The Marcil Group, Inc.

[¶1] The Marcil Group, Inc. ("TMGI"), Michael J. Marcil, and Arthur S. Rosenberg appeal from a judgment awarding Alerus Financial, N.A., $2,520,383.07 based on guaranties they had given Alerus for a commercial real estate loan made to KRE, LLC. We affirm the judgment against TMGI and Marcil, concluding the district court correctly interpreted the law, correctly ruled there are no genuine issues o... More...   $0 (10-18-2011 - ND)

Eileen Carter v. Division of Employment Security

Eileen Carter (“Claimant”), a military spouse, appeals the decision of the Labor and Industrial Relations Commission (“the Commission”) affirming the Appeals Tribunal‟s finding that Claimant voluntarily left her employment without good cause attributable to her work or her employer and was, therefore, disqualified from receiving unemployment compensation benefits. On appeal, Claimant arg... More...   $0 (10-18-2011 - MO)

William Shaffer v. American Medical Association

The American Medical Association was not immune to the downturn in the economy. Budget cuts mandated that some employees lose their jobs, including at least one in the department where William Shaffer worked. Fortunately for him, or so it seemed, his supervisor was leaning toward letting another person go. But soon after Shaffer requested leave in light of upcoming surgery, that changed. His super... More...   $0 (10-18-2011 - IL)

Gary Smallwood v. Allied Van Lines, Inc.

Gary Smallwood contracted with Allied Van Lines, Inc. and SIRVA, Inc. (collectively, AVL) to move some of his household goods from southern California to the United Arab Emirates (UAE) and to move the remainder of the goods — including a box full of firearms and ammunition — to storage. Instead, AVL shipped his weapons to the UAE. When UAE officials discovered Smallwood’s weapons, they arres... More...   $0 (10-18-2011 - ca)

Securities and Exchange Commission v. Tom Kivisto

According to the SEC’s complaint filed in federal court in Tulsa, Thomas L. Kivisto was CEO and president of SemGroup L.P., which bought, transported and sold petroleum products and traded crude oil and related commodities and derivatives. Kivisto managed these trading activities. Meanwhile, Kivisto also was a director of SemGroup’s subsidiary, SemGroup Energy Partners L.P. (SGLP), which owns ... More...   $0 (10-18-2011 - OK)

Josephine Bailey v. Derether Moten

In this quiet title action, Josephine Bailey (“Bailey”) appeals the order of the superior court adopting the report of a Special Master and decreeing that fee simple title to a parcel of land in Coweta County is vested in Derether Moten.

For the reasons that follow, we affirm.

Bailey owns a house and lot in the City of Newnan to which she has record title. The property that is th... More...
   $0 (10-17-2011 - GA)

Newport Capital Advisors LLC v. Commonfund Realty Inc.

Newport Capital Advisors LLC sued Commonfund Realty Inc. on breach of contract and fraud theories claiming that it had been financial harmed as a result of wrongful acts of the defendants.

Commonfund Realty Investors, LLC, an investment fund managed by a subsidiary of Commonfund, the nation's largest nonprofit investment manager, had breached their fiduciary duty to NCA by repudiating a j... More...
   $50000000 (10-17-2011 - CA)

Jerette Lucas v. ADT Security, Inc.

This cause is before us on Appellees’ motion for rehearing. We GRANT the motion and, accordingly, withdraw our former opinion of July 22, 2011, and substitute the following opinion in its place.

In this workers’ compensation case, Claimant challenges an order of the Judge of Compensation Claims (JCC) denying benefits on the ground she violated section 440.105, Florida Statutes (2006), ... More...
   $0 (10-17-2011 - FL)

Libertarian Party of North Dakota v. Alvin Jaeger

The Libertarian Party of North Dakota and three party candidates from the 2010 North Dakota state elections challenge the constitutionality of North Dakota Century Code § 16.1-11-36. The party and candidates contend this statute as applied to them violates the First and Fourteenth Amendment and the Equal Protection Clause because it prevented the candidates’ names from appearing on the 2010 gen... More...   $0 (10-17-2011 - )

Turek v. General Mills Inc. and Kellogg Co.

The district court dismissed this diversity class action suit (which seeks damages and other relief for alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505, and the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510) for want of federal subjectmatter jurisdiction, on the ground that the claims are barred by federal law.

There are ... More...
   $0 (10-17-2011 - )

Dr. William P. Harman v. University of Tennessee

Dr. William P. Harman, a professor employed by the University of Tennessee (“the University”) at Chattanooga, filed suit against the University, alleging a violation of the Tennessee Public Protection Act (“TPPA”), as well as common law and constitutional claims. The TPPA, commonly termed the “Whistleblower Statute,” prohibits the discharge or termination of an employee for refusing to... More...   $0 (10-16-2011 - TN)

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