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Fraud Law
 
Luis Virgilio v. The Ryland Group, Inc.

This is a class action. It was brought in April 2008 by Luis and Norma Virgilio on behalf of themselves and others who purchased houses from a builder, the Ryland Group, Inc. (“Ryland”), in the Newport subdivision of Vista Lakes, a residential development in Orlando, Florida.1 The Newport subdivision is adjacent to land known as “Pinecastle.” Pinecastle was used as a bombing range during W... More...   $0 (05-18-2012 - FL)

E-Shops Corp. v. U.S. Bank National Association

After receiving a number of chargebacks resulting from fraudulent use of U.S. Bank National Association (“U.S. Bank”) credit cards, E-Shops Corp. (“E-Shops”) filed a class action complaint alleging U.S. Bank knowingly allowed itself to be an instrument of the fraud, thereby making E-Shops’s performance under its contract with its merchant bank more expensive. The district court1 dismisse... More...   $0 (05-18-2012 - MN)

First Quality Carpets, Inc. v. Warren Kirschbaum and Wynne Kirschbaum

¶ 1. BURGESS, J. Appellants Warren and Wynne Kirschbaum (the Kirschbaums) appeal the ruling of the Chittenden Civil Division in favor of appellee First Quality Carpets, Inc. (First Quality) in a dispute over carpet installed in 2007. The Kirschbaums argue that the civil division erred in awarding First Quality attorney’s fees under 9 V.S.A. § 4007(c) of the Prompt Pay Act becau... More...   $0 (05-17-2012 - VT)

John D. Brownlee, M.D. v. Cleveland Clinic Foundation

{¶1} This case came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1.

{¶2} Plaintiff-appellant, John Brownlee, M.D., appeals the trial court’s decision granting the motion to stay proceedings pending arbitration filed by defendants-appellees, Cleveland Clinic Foundation and Dr. Gus Kious (collectively “CCF”). Finding no merit to the appeal, we affirm... More...
   $0 (05-17-2012 - OH)

Kevin T. Morton v. Hung Nguyen

Appellant Kevin T. Morton entered into a contract for deed to sell his house to appellees Hung and Carol S. Nguyen. After the Nguyens rescinded the contract pursuant to the Texas Property Code, Morton sued the Nguyens for breach of contract. The Nguyens counterclaimed, seeking (1) a finding that the cancellation and rescission was proper under the Texas Property Code and a refund of all payments m... More...   $0 (05-17-2012 - TX)

Dianna Jones v. Harold Petsch Brelsford

Dianna Jones brings this interlocutory appeal of the probate court’s orders vacating an arbitration award in her favor and appointing a new arbitrator for rehearing in this dispute with her siblings, Harold Brelsford, Susanna Brelsford, and John Brelsford, over the division of their deceased parents’ estates. Because the arbitration award also affected the property interests of another of Dian... More...   $0 (05-17-2012 - TX)

Ronald C. Toler vna Vicky Lynn Sanders

After eleven years of marriage, Ronald C. Toler (Ron) and Vicky Lynn Sanders (Vicky) began divorce proceedings. They decided to resolve any conflicts relating to their division of community property with a mediator’s assistance and entered into a mediated settlement agreement (MSA). See Tex. Fam. Code Ann. § 6.602 (West 2006). After signing the MSA, however, Ron claimed that the writing did ... More...   $0 (05-17-2012 - TX)

Cynthia Healey v. Goodyear Tire & Rubber Co.

{¶1} Appellant, Cynthia Healey, appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms.

I.

{¶2} In a prior appeal, Healey v. Goodyear Tire & Rubber Co., 9th Dist. No. 25296, 2010-Ohio-5463, ¶ 1, this Court set forth the underlying factual and procedural history as follows:

Cynthia Healey is a former employee of Goodyear Tire and Rubber Comp... More...
   $0 (05-16-2012 - OH)

Lash & Goldberg, LLP v. Andrea Clarke

We reverse an order denying a motion to compel arbitration. The complaint’s allegations of concerted conduct between parties and nonparties to the arbitration agreement permit the non-parties to insist on arbitration under the agreement.

Andrea Clarke filed a multi-count complaint against Palm Beach Gardens Community Hospital, Inc., Tenet South Florida Regional Resource Pool, Tenet Health... More...
   $0 (05-16-2012 - FL)

Harris Schwartzberg v. Kim K. Knoblock

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est... More...   $0 (05-16-2012 - FL)

Fort Duncan Medical Center, L.P. v. Edwin Martin

Fort Duncan Medical Center appeals the trial court’s order denying its motion to dismiss Edwin Martin and Esther Martin’s, Individually and as Representative of the Estate of Robert Martin, lawsuit. We reverse and render in part and reverse and remand in part.

BACKGROUND

Robert Martin was an outpatient at Fort Duncan Medical Center (“the Center”) where he underwent surger... More...
   $0 (05-16-2012 - TX)

Joshua T. Howard v. Terry and Clark

Joshua T. Howard sued Milwaukee County Sheriff David A. Clark, Jr. and one of his deputies on a civil rights violation theory claiming that he was injured while in the Sheriff's custody by the excessive use of force by a deputy while he was chained. He claimed that in 2004, while in the Milwaukee County Courthouse for a hearing on a theft by fraud charge, he ignored a deputy's instructions not t... More...   $0 (05-16-2012 - WI)

Arvil Lee, LLC v. Magg MSCC, Ltd.

{¶1} Plaintiffs-Appellees, Bud Buxton and Arvil Lee, LLC ("Buxton"), filed their Complaint against Defendants-Appellants, MAGG MSCC, Ltd., Sports Page Group, LLC, Robert McLain and Christopher Maggiore ("McLain") on October 29, 2010, alleging breach of contract, fraud, misrepresentation, unjust enrichment and promissory estoppel. In response, McClain filed a counterclaim against Buxton for breach... More...   $0 (05-14-2012 - OK)

Regina Mbahaba v. Thomas Morgan d/b/a Property Management Services

The plaintiff, Regina Mbahaba, individually and as next friend of her minor daughter, Benita Nahimana, appeals orders of the Superior Court (McGuire and Tucker, JJ.). The orders dismissed the plaintiff’s direct claims against the defendant, Thomas Morgan, and granted summary judgment against her action seeking to pierce the limited-liability veil of a company managed by the defendant. We affirm ... More...   $0 (05-11-2012 - NH)

IHS Acquisition No. 171, Inc. v. Joann Beatty-Ortiz

IHS Acquisition No. 171, Inc. d/b/a Mesa Hills Specialty Hospital, Encore Healthcare, L.L.C., and Lyric Healthcare Holdings III, Inc., (collectively Appellants), file this interlocutory appeal challenging the trial court’s denial of its motion to compel arbitration. Finding error, we reverse.

FACTUAL SUMMARY

IHS Acquisitions No. 171, doing business as Mesa Hills Specia... More...
   $0 (05-10-2012 - TX)

Adriene L. Shibley v. Julia Victoria Eckhardt

Adriene L. Sibley appeals the trial court’s take-nothing summary judgment rendered in favor of appellees Julia Victoria Eckhardt and Margaret Eckhardt. In her first three issues, Sibley challenges the appellees’ standing and the summary-judgment evidence. In her remaining issues, Sibley contends that the trial court erred by granting summary judgment because the Eckhardts’ motion did not s... More...   $0 (05-10-2012 - MA)

Michael Easton v. Shawn Phelan

Appellants Michael Easton and Dawn Whatley, individually and as executrix of the estate of Perry Lee Whatley, present this appeal from two orders dismissing their fraud claims against individually named attorneys and their respective law firms. The attorney-defendants—David Cabrales, Rachel Stinson, and Locke Lord Bissell & Liddell, LLP (the “Locke Lord attorneys”), and Shawn Phelan and Tho... More...   $0 (05-10-2012 - TX)

Vernon Goodsell v. Eagle-Air Estates Homeowners Association

1 HASELTON, C. J.
In the latest installment of long-running serial litigation,1 2 plaintiffs appeal
3 from the dismissal of this action seeking judicial removal, pursuant to ORS 65.327(1), of
4 the defendant individual directors of a homeowners association, and defendants cross5
appeal from the trial court's denial of their request for attorney fees. In moving to dismiss
6 unde... More...
   $0 (05-09-2012 - OR)

Betty Horne v. Miami-Dade County, Florida

Mrs. Betty Horne appeals an adverse final summary judgment in two consolidated circuit court cases. In the first, she and her late husband sued appellees Miami-Dade County and Metropolitan Homes LLC to vacate a tax certificate sale of the Hornes’ Miami Lakes home of 37 years. In the second, appellee Metropolitan (purchaser of the home at the tax deed sale for a fraction of its then-assessed valu... More...   $0 (05-09-2012 - FL)

Jose and Anais Suarez v. Benihana National of Florida Corp.

This is an appeal from an order of the trial court dismissing with prejudice Appellants’ second amended complaint, based upon a finding that Appellants perpetrated a fraud upon the court. For the following reasons, we reverse. Appellants, Jose Suarez and Anais Suarez, filed a complaint (subsequently amended twice) against Benihana National of Florida Corporation (“Benihana”) seeking damages ... More...   $0 (05-09-2012 - FL)

Andrew S. Taplin v. Martin W. Taplin

This is an appeal by a trust beneficiary from an order and final judgment dismissing his second amended complaint, which sought an accounting, breach of trust, removal of trustees, and surcharge, with prejudice, on the ground the claims are time-barred as a matter of law on the face of the complaint. We reverse the order and final judgment and remand for reinstatement of the second amended complai... More...   $0 (05-09-2012 - FL)

Kimberly Aleksick v. 7-Eleven, Inc.

Plaintiff Kimberly Aleksick, individually and on behalf of a class of those similarly situated, appeals a judgment following an order granting defendant 7-Eleven Inc.'s (7-Eleven) motion for summary judgment. 7-Eleven provides payroll services to its franchisees. Aleksick contends reversal is required because 7-Eleven's payroll system violates both the "unlawful" and "unfair" prongs of Business an... More...   $0 (05-08-2012 - CA)

Edward Melia v. Zenhire, Inc.

In April, 2007, the plaintiff, Edward Melia, a Massachusetts resident, entered into an executive employment contract with the defendant Zenhire, Inc. (Zenhire). A forum selection clause dictated that all disputes arising out of the contract or the employment relationship were to be resolved in courts situated in Erie County, New York, Zenhire's principal place of business. Zenhire allegedly failed... More...   $0 (05-08-2012 - MA)

Tom Seeger v. Cincinnati Bell Telephone Company, LLC

Plaintiff Tom Seeger appeals the district court’s order granting summary judgment in favor of defendant Cincinnati Bell Telephone Co., LLC (“CBT”), and dismissing his claim that CBT violated the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654, when it terminated his employment on the ground of disability fraud. Seeger took FMLA leave and concurrent paid leave under CBT’... More...   $0 (05-08-2012 - KY)

Raymond A. Lanfear v. Home Depot, Inc.

People build many things over the course of their lives. Throughout the time allotted them, they build houses and homes, character and careers, relationships and reputations. And if they’re wise like Aesop’s ant, during the summer and autumn of their lives they store up something for the winter.1

Although the ant in the fable did well enough without its savings plan being protected by E... More...
   $0 (05-08-2012 - GA)

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