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Fraud Law
 
C. Porter Vaughan, Inc. v. Most Reverend Francis X. Dilorenzo

In this appeal from the dismissal of an action for real estate brokerage commissions, we consider whether the trial court erred when it sustained a demurrer of the defendant, the Most Reverend Francis X. DiLorenzo (“Bishop DiLorenzo”), to the amended complaint of C. Porter Vaughan, Inc., Realtors (“Vaughan”) on the grounds that its claim for a breach of an oral agreement was barred by the ... More...   $0 (03-09-2010 - VA)

PVC Windows, Inc. v. Babbitbay Beach Construction

This case arises out of two contracts for the supply and installation of
windows and doors for a hotel construction project on the island of Saint Maarten
in the Netherlands Antilles. PVC Windoors, Inc. sued the parties with whom it
contracted and others for breach of contract and fraud in an effort to obtain
payment for work it performed.1 The defendants moved the district court t... More...
   $0 (03-08-2010 - FL)

Centocor, Inc. v. Patricia Hamilton

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor's office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevail... More...   $0 (03-08-2010 - TX)

John Doe v. Clyde and Siobhan Engle

About 3,800 purchaser of lake side properties from a developer in Tennessee claimed that Clyde and Siobhan Engle under the Hawaii Uniform Fraudulent Transfer Act claiming the defendants fraudulently concealed assets to avoid paying a $4.5 million judgment rendered against him and National Development by an Illinois court.

Defendants denied that the transfers of assets made by them were fra... More...
   $53842250 (03-06-2010 - HI)

John Doe v. Clyde and Siobhan Engle

About 3,800 purchaser of lake side properties from a developer in Tennessee claimed that Clyde and Siobhan Engle under the Hawaii Uniform Fraudulent Transfer Act claiming the defendants fraudulently concealed assets to avoid paying a $4.5 million judgment rendered against him and National Development by an Illinois court.

Defendants denied that the transfers of assets made by them were fra... More...
   $53842250 (03-06-2010 - HI)

Nickey Gregory Company, LLC v. Agricap, LLC

Two sellers of perishable agricultural commodities, Nickey
Gregory Company, LLC, and Poppell’s Produce Inc., commenced
this action under the Perishable Agricultural Commodities
Act, 1930 ("PACA"), 7 U.S.C. §§ 499a-499t, to
recover $106,696 owed them for the sale of produce to Robison
Farms, LLC., a bankrupt South Carolina produce distributor.
They named as defendant Agr... More...
   $0 (03-05-2010 - WV)

Brenton R. Smith v. Adventist Health System/West

This appeal is another chapter in the litigation between Dr. Brenton R. Smith and three hospitals run by Adventist Health System/West. (See Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [hospital governing board erroneously revoked Smith‟s staff membership and hospital privileges]; Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501 [litigation resulting from fail... More...   $0 (03-05-2010 - CA)

Debra Coito v. The Superior Court of Stanislaus County

We consider the question whether the statement of a witness, taken in writing or otherwise recorded verbatim, by an attorney or the attorney‘s representative, is entitled to the protection of the California work-product privilege. We will follow the weight of authority and find such statements not protected and therefore available through discovery. The superior court here followed contrary lang... More...   $0 (03-05-2010 - CA)

Warren and Betty Beaver v. Michael and karen Brumlow

{1} This case is about a verbal agreement made by Warren and Betty Beaver (Sellers) to sell land for a home site to Michael and Karen Brumlow (Buyers). Sellers reneged on the agreement after Mr. Brumlow left Sellers’ employment and started working for a competitor. The trial court ordered specific performance of the oral agreement, and Sellers appeal. Sellers acknowledge that the evidence was su... More...   $0 (03-04-2010 - NM)

Coast To Coast Demolition and Crushing, Inc. v. Real Equity Pursuit, LLC

This is an appeal from a judgment entered by confession. The appellants, who are the judgment debtors, acknowledged the debt but challenge the confession on statutory grounds and as unconscionable. We affirm.

I.

Respondent Real Equity Pursuit, LLC, loaned appellants Jimi Telford, Nancy Combs, and Coast to Coast Demolition and Crushing, Inc. (collectively, Coast to Coast... More...
   $0 (03-04-2010 - NV)

Brenton R. Smith, et al. v. Adventist Health System/West, et al.

This appeal is another chapter in the litigation between Dr. Brenton R. Smith and three hospitals run by Adventist Health System/West. (See Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [hospital governing board erroneously revoked Smith‟s staff membership and hospital privileges]; Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501 [litigation resulting from fail... More...   $0 (03-04-2010 - CA)

Lloyd's Inc. v. Charles R. Lloyd

The appellant herein and plaintiff below, Lloyd's, Inc. (hereinafter “Lloyd's”), appeals from an order entered February 11, 2009, by the Circuit Court of Braxton County. By that order, the circuit court granted the motion to dismiss filed by the appellee herein and defendant below, Charles R. Lloyd (hereinafter “Charles Lloyd”), and dismissed Lloyd's complaint finding that the claims ass... More...   $0 (03-04-2010 - WV)

Tom Baugin v. Curtis Capps

Milton Baughn, Letyr Baughn, Tom Baughn, and Amy Hetrick[1] (the “Baughns”) sued Curtis Capps for trespass to try title, seeking to quiet title to a four-acre tract of land.[2] Capps counterclaimed for adverse possession. A jury found in Capps’s favor. On appeal, the Baughns challenge the: (1) admission of Capps’s title documents; (2) attorney’s fee award; (3) legal and factual suffic... More...   $0 (03-04-2010 - TX)

Hya Boguslawsky v. Lake Watawga Property Owners Association

Ilya Boguslavsky, Irene Boguslavsky, Grigory Boguslavsky and Anne M. Boguslavsky1 (collectively, Homeowners) appeal from two orders of the Court of Common Pleas of Wayne County (trial court). The first order, dated October 12, 2006, granted the preliminary objections in the nature of a demurrer of Lake Watawga Property Owners Association (Association) and James Branley, the President of the Associ... More...   $0 (03-04-2010 - PA)

Marcy Willis v. D. Scott Bender, M.D.

Dr. D. Scott Bender, a general surgeon, perforated Marcy Willis’ small bowel while performing a laparoscopic cholecystectomy (laparoscopic surgery to remove her gallbladder). Relevant here, Willis sued Bender for lack of informed consent and medical malpractice. The district court granted summary judgment to Bender on informed consent claim. The medical malpractice claim proceeded to a jury tria... More...   $0 (03-03-2010 - WY)

Rita Reid v. Lincoln Charter Township

Plaintiff Rita Reid, as trustee of the Rita G. Reid Trust, appeals as of right the July 16, 2008 final order granting summary disposition to defendant Lincoln Charter Township (the Township) on her claims for regulatory taking and inverse condemnation. Reid also appeals several other orders entered by the trial court: the May 18, 2007 order denying in part her motion for leave to file an amended c... More...   $0 (03-02-2010 - MI)

Pfizer, Inc. v. Steve Galfano

Defendant Pfizer, Inc. (Pfizer), the manufacturer of Listerine mouthwash, seeks a writ of mandate to overturn respondent superior court’s November 22, 2005 order certifying a class action filed by plaintiff and real party in interest Steve Galfano (Galfano). The complaint, brought pursuant to the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200 et seq.)1 and the False Advertising Law (F... More...   $0 (03-02-2010 - CA)

Youxin Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

This appeal, arising from a judgment of the United States District Court for the Southern District of New York (Cote, J.), requires us to consider whether the New York Uniform Commercial Code Section 4-A-505, which imposes a one-year statute of repose on certain claims based on electronic funds transfers, bars Plaintiffs-Appellants’ common law claims, which have longer limitations periods. The D... More...   $0 (03-02-2010 - NY)

Weichert Co. of Maryland, Inc. v. Dorothy Crago Faust, et al.

These consolidated appeals arise from an employment dispute between appellant, Weichert Company of Maryland, Inc. (“Weichert”), and appellee, Dorothy Crago Faust (“Faust”). Weichert brought suit against Faust in the Circuit Court for Montgomery County, alleging breach of contract, employee piracy, breach of fiduciary duty, and unfair competition. Faust counterclaimed for breach of contract... More...   $0 (03-01-2010 - MD)

American Lien Fund, LLC v. Sharon Dixon, et al.

This appeal arises from the trial court’s grant of an interlocutory injunction preventing American Lien Fund, LLC (“ALF”) from barring Sharon Dixon’s right to redeem her real property under OCGA § 48-4-40 et seq., after ALF purchased the property at a tax sale. For the reasons that follow, we affirm.

In 1976, Dixon acquired title to certain real property in Fulton County. In 2003, ... More...
   $0 (03-01-2010 - GA)

Arnoldo Casas v. Michael B. Silva

Arnoldo Casas, Carolina Casas f/k/a Carolina Smith, Ferman Casas, Jr., Juanita P. Casas, Irene Casas, Santos R. Casas, Servando Casas, Johnny Lane, III a/k/a Juan C. Lane, III, Lydia C. Pena f/k/a Lydia Cantu, Ruben Pulido, Clementina Pulido, and Ruben Casas (collectively the “Casas Family”) appeal a final judgment in a suit involving numerous claims against Michael B. Silva, Paul F. Simpson, ... More...   $0 (02-27-2010 - )

D & J Tire inc, v. Hercules Tire & Rubber

D & J Tire Inc. (“Appellant”) appeals the district court’s grant of summary judgment in favor of Hercules Tire & Rubber Company and Lawrence B. Seawell, a Hercules officer (collectively, “Appellees”). Appellant, a former Hercules minority shareholder, sued Appellees for breach of fiduciary duty arising out of Seawell’s failure to disclose that Hercules was in talks to be acquired by Fd... More...   $0 (02-26-2010 - LA)

Heather Appel v. Lexington Insurance Company

The Appellants challenge the dismissal of their complaint and the subsequent entry of summary final judgment in favor of the Appellee. We agree that the complaint failed to state a cause of action and therefore affirm.

The Appellants are a group of creditors who fell victim to a Ponzi scheme when they invested in a company known as SOS Industries, Inc. (SOS). SOS was in the business of prov... More...
   $0 (02-26-2010 - FL)

Christy Aills v. Luciano Boemi, M.D.

In the case before us, petitioner Christy Aills seeks review of the decision of the Second District Court of Appeal in Aills v. Boemi, 990 So. 2d 540 (Fla. 2d DCA 2008).1 In that case, the Second District Court of Appeal reversed a judgment in favor of Aills, the patient, in a medical malpractice action against the defendant plastic surgeon, Dr. Luciano Boemi, arising out of negligence in connecti... More...   $0 (02-26-2010 - FL)

Walker & Associates Surveying, Inc. v. Royce Roberts

Royce Roberts hired Walker & Associates Surveying, Inc. (WAS) and Dennis Walker (Walker) d/b/a Walker and Associates Construction (WAC) (collectively the Walker Group) to extend a horse training racetrack on his property. A dispute arose as to how to build the racetrack, workers were instructed to leave the job, and WAS filed a mechanic’s lien affidavit on Roberts’ property. WAS filed suit o... More...   $0 (02-26-2010 - TX)

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