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Fraud Law
 
In re the Marriage of Anna and Clark Woolsey

In this marital dissolution case, appellant Clark Woolsey persuaded respondent Anna Woolsey to participate in a church-sponsored reconciliation session that turned into a mediation1 of issues regarding division of property, support, and custody of their two children. The mediation resulted in a marital settlement agreement that divided the community property, permanently waived Anna‘s2 entitleme... More...   $0 (10-22-2013 - CA)

Richard Bushell v. JPMorgan Chase Bank, N.A.

In this action arising from a home foreclosure, the trial court sustained, without leave to amend, defendant lender‟s demurrer to plaintiff borrowers‟ complaint. The complaint alleges causes of action for breach of contract, promissory estoppel, and fraud based on intentional misrepresentation or false promise. Specifically, plaintiffs allege that defendant, under a trial modification mortgage... More...   $0 (10-22-2013 - CA)

Kelly S. McCoy v. Louis Blake Danyeur

Kelly S. McCoy d/b/a MILSIMEVENT sued Louis Blake Danyeur, Milsimevent, LLC, John Pilkington, and American Milsim, LLC claiming:


1. Plaintiff, KELLY S. MCCOY individually and d!b/a MILSIMEVENT is a resident of Tulsa County, State of Oklahoma (hereafter referred to as “McCoy” or “Plaintiff’). At all times materials hereto McCoy has solely and exclusively operated MILSIMEVENT as a... More...
   $1 (10-21-2013 - OK)

Mt. Holyoke Homes, L.P. v. Jeffer Mangels Butler & Mitchell, LLP

Mt. Holyoke Homes, L.P. (MHH), and Darla Jones (collectively Plaintiffs) challenge the granting of a motion to compel arbitration and the denial of their motion to vacate the arbitration award in a legal malpractice action against Jeffer Mangels Butler & Mitchell, LLP (JMBM) and John Bowman (Defendants). They contend (1) an arbitration provision in the parties‟ legal services agreement is unenfo... More...   $0 (10-21-2013 - CA)

The Peterson Group, Inc., PGI Development Group, LP, and Wellington Yu v. PLTQ Lotus Group, L.P. and Cubo Group, L.L.C.

This is an appeal from a judgment after a jury trial in a case arising from two real estate transactions. Appellants Peterson Group, Inc., PGI Development, L.P., and Wellington Yu sued appellees PLTQ Lotus Group, L.P. and Cubo Group,

2

L.L.C. (collectively, “PLTQ”) for money due under a purchase agreement and a real estate development agreement. PLTQ countersued for breach of the... More...
   $0 (10-20-2013 - TX)

Peter Dernier v. Mortgage Network, Inc.

¶ 1. DOOLEY, J. Plaintiffs Peter and Nicole Dernier appeal the dismissal for failure to state a claim, of their action for (1) a declaratory judgment that defendant U.S. Bank National Association cannot enforce the mortgage and promissory note for the debt associated with plaintiffs’ purchase of their house based on irregularities and fraud in the transfer of both instruments, (2)... More...   $0 (10-18-2013 - VT)

Gregory F. McGinn v. Bryan W. Cannon

¶1 Plaintiff Gregory McGinn appeals from the district court’s decision granting summary judgment in favor of defendants—a law firm and two of its attorneys—on his claim of wrongful use of civil proceedings and his request for punitive damages. We affirm.

McGinn v. Cannon

BACKGROUND

¶2 Defendants Bryan W. Cannon, PC and two of its attorneys, Bryan W. Cannon and Stephen ... More...
   $0 (10-18-2013 - UT)

Philip Morris, U.S.A., Inc. v. Theodore Hallgren

Philip Morris USA, Inc., and R.J. Reynolds Tobacco Company (collectively the "Tobacco Companies") challenge a final judgment entered after jury trial in favor of Theodore Hallgren, as personal representative of the estate of Claire Hallgren. The final judgment upheld the jury's award of approximately $1 million in compensatory damages, after factoring in Mrs. Hallgren's comparative fault, and $1.5... More...   $0 (10-18-2013 - FL)

Bob E. Woody, The Ranch LLC, and Hector H. Cardenas, Jr. v. J. Black's, LP and J. Black's, GP, LLC

This appeal arises from a commercial landlord-tenant dispute over the sublease of premises located in Austin. Judgment in the trial court was for appellee J. Black’s, LP and J. Black’s, GP, LLC (J. Black’s). Appellant Bob E. Woody and the Ranch, LLC (Woody) present five issues on appeal. Woody’s attorney, Hector H. Cardenas, Jr., joins Woody’s fifth issue challenging an award of monetary... More...   $0 (10-18-2013 - TX)

Donna Hopper, Individually and as Surviving Spouse and on behalf of the Estate of Robert Hopper, and as Guardian of Dylon Hopper and Fallon Hopper; Keegan Hopper; Justin Hopper; and Trevor Hopper v. Argonaut Insurance Company and Kimberly Barrett, Adjuster

Appellants Donna Hopper, individually, on behalf of the Estate of Robert Hopper, and as guardian of Dylon Hopper and Fallon Hopper; Keegan Hopper; Justin Hopper; and Trevor Hopper (collectively the Hoppers) sued appellees Argonaut Insurance Company and Kimberly Barrett, a workers’ compensation insurance carrier and claims adjuster, respectively, for falsely disputing and improperly delaying proc... More...   $0 (10-18-2013 - TX)

Alpha Data Corporation v. HX5, L.L.C.

Appellant, Alpha Data Corporation, a government contractor that provides information technology and engineering services, filed a multi-count complaint against Appellees HX5, Margarita Howard, Timothy Deckert, and Tracy Allen.1 Count I alleged theft of trade secrets, Count II alleged Appellees breached a teaming agreement, Count III alleged breach of a “Mentor-Protege Agreement”, Count IV alle... More...   $0 (10-18-2013 - OK)

Sonic-Calabasas A, Inc. v. Frank Moreno

In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (Sonic I), we held as a categorical rule that it is contrary to public policy and unconscionable for an employer to require an employee, as a condition of employment, to waive the right to a Berman hearing, a dispute resolution forum established by the Legislature to assist employees in recovering wages owed. We further held that our rule ... More...   $0 (10-17-2013 - CA)

Thomas P. Campbell v. Tammie J. Hein

[¶1] Thomas Campbell (Husband) and Tammie Hein (Wife) were divorced in 2008 pursuant to a stipulated Property Settlement, Child Custody, Child Support Agreement. In 2010, Husband petitioned to reopen the Decree of Divorce, alleging that Wife had misrepresented material facts related to the parties’ division of debt. The district court denied Husband’s petition, and Husband appeals. We affirm.... More...   $0 (10-17-2013 - WY)

Frontier Logistics, L.P., FLPCW, L.P., George Cook, Glenn Wiseman, James Madler and Christy Fulton v. National Property Holdings, L.P., Michael Plank and Russell Plank

A real estate developer sued two individuals and a limited partnership asserting various claims. The defendants filed third-party claims against various third-party defendants seeking defense and indemnity based upon an agreement to

1 We deny the appellees’ motion for rehearing and the appellants’ motion for rehearing. We withdraw the opinion issued in this case on April 18, 2013, and i... More...
   $0 (10-17-2013 - TX)

Michael Prieto v. Bell Aerospace Services, Inc., Bell Helicopter Textron, Inc., and Textron, Inc.

This is an appeal from a directed verdict in favor of appellees Bell Aerospace Services, Inc. (BellAero), Bell Helicopter Textron, Inc. (BHTI), and Textron, Inc. (collectively, Bell) in a Sabine Pilot claim brought by appellant 1See Tex. R. App. P. 47.4.

2

Michael Prieto. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985). We affirm.

Background

Prieto wa... More...
   $0 (10-17-2013 - TX)

Dale M. Wallis v. PHL Associates, Inc.

Plaintiff Dale M. Wallis invented an antigen for a bovine mastitis vaccine as part of her duties as an employee of defendant PHL Associates, Inc. (PHL), more than 20 years ago. The vaccine was eventually sold to Upjohn, and this protracted litigation has featured the contest between Wallis and PHL over the benefits related to that sale. A jury concluded that PHL and Wallis agreed that Wallis would... More...   $0 (10-17-2013 - CA)

Frontier Logistics, L.P., FLPCW, L.P., George Cook, Glenn Wiseman, James Madler and Christy Fulton v. National Property Holdings, L.P., Michael Plank and Russell Plank

A real estate developer sued two individuals and a limited partnership asserting various claims. The defendants filed third-party claims against various third-party defendants seeking defense and indemnity based upon an agreement to

_____________________________

1 We deny the appellees’ motion for rehearing and the appellants’ motion for rehearing. We withdraw the opinion issued ... More...
   $0 (10-17-2013 - TX)

LeaAnne Klentzman and Carter Publications, Inc., d/b/a The West Fort Bend Star v. Wade Brady

Appellee, Wade Brady, sued appellants, Carter Publications, Inc. d/b/a The West Fort Bend Star (“The Star”) and LeaAnne Klentzman, a reporter for The Star, alleging that they defamed him in a January 15, 2003 article (“the Article”). Based

2

on the jury’s verdict in Wade’s favor, the trial court signed its final judgment awarding him actual and exemplary damages. In n... More...
   $30000 (10-17-2013 - TX)

Gerald Bakke, Individually and on Behalf of 7800 Ranch Investment, Inc., a Texas Closely-Held Corporation v. John H. Harvison, Glenda Sue Harvison, John D. Harvison, 7HBF Ltd., 7HBF Management Co., Ltd., Donald H. Ray, Donald H. Ray, P.C., and Ray & Wilson

This is an appeal from a no evidence motion for summary judgment. Gerald Bakke, individually and on behalf of 7800 Ranch, filed suit against John H. Harvison, Glenda Sue Harvison, John D. Harvison, 7HBF Ltd., and 7HBF Management Co., Ltd. (collectively referred to as the Harvisons) and Donald H. Ray, Donald H. Ray, P.C. and Ray & Wilson (the Rays) seeking damages and equitable relief based on an a... More...   $0 (10-16-2013 - TX)

Robert Smith v. Dorchester Real Estate, Inc.

This case arises out of a fraudulent real estate mortgage scheme that involved inducing a schizophrenic trash collector into acting as a straw buyer for two overvalued residential properties in Massachusetts. That person, Robert Smith, sued various entities and individuals involved in the transactions, including the mortgage lenders, mortgage brokers, real estate brokers, and closing agents. A ju... More...   $0 (10-16-2013 - MA)

A.G. v. Elsevier, Inc.

This is a curious case in which the plaintiffs, unsuccessful medical malpractice suitors, seek damages against the authors and publisher of a case report, introduced into evidence in the malpractice trials, that appeared in a peer-reviewed obstetrical journal. Acting on the defendants' motions to dismiss, see Fed. R. Civ. P. 12(b)(6), the district court concluded that the plaintiffs' complaint stu... More...   $0 (10-16-2013 - MA)

In Re Marriage of: Anabella Gonzalez Muller aka Anabella Gonzalez v. Timothy Al Muller

¶1 Petitioner/Appellant Anabella Gonzalez Muller aka Anabella Gonzalez (Gonzalez) appeals the decision of the district court dismissing her Amended Petition for Annulment against Timothy Al Muller (Muller). We vacate the district court's dismissal of Gonzalez's claim for an annulment pursuant to 12 O.S. Supp. 2009 § 2009(B) and remand for trial on Gonzalez's annulment action.

BACKGROUND... More...
   $0 (10-14-2013 - OK)

Jennifer Capron v. Bill Pittman dba Precision Contracting and Roofing

Jennifer Capron sued Bill Pittman dba Precision Contracting and Roofing, Casey Pittman dba Precision Contracting and Roofing, John Phillip Strawn aka Fran Tanner, Victor Guzman, Victor Sanchez and Allison Pittman d/b/a Precision Contracting and Roofing on breach of contract theories. 1. Plaintiff is an individual residing in Tulsa County, and is the owner of the property on which the roofing cont... More...   $0 (10-14-2013 - OK)

Catherine L. Walstad v. Richard H. Walstad

[¶1] Catherine Walstad appeals from a district court memorandum opinion and order reaffirming its previous judgment requiring Richard Walstad to pay her $37,222.90 to equalize a property distribution after he intentionally concealed marital assets during the parties' 1994 divorce. Because we conclude the district court did not follow our mandate on remand, the district court's property distributi... More...   $0 (10-11-2013 - ND)

Heather C. Wicks v. Padraic H. Conroy

[¶1] Padraic H. Conroy appeals from a judgment of the Superior Court (Hancock County, Cuddy, J.) partitioning real property he owned as a tenant in common with Heather C. Wicks. Finding no error, we affirm the judgment.

I. BACKGROUND

[¶2] Conroy and Wicks are brother and sister. In the early 1970s, their mother began living in a two-story oceanfront cottage she owned in Surry, Main... More...
   $0 (10-10-2013 - ME)

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