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Fraud Law
 
Matthew C. Kilgore v. KeyBank, N.A.

These consolidated appeals involve the sometimes delicate and precarious dance between state law and federal law. Matthew Kilgore and William Fuller (“Plaintiffs”) brought this putative class action against KeyBank, N.A., Key Education Resources, and loan servicer Great Lakes Education Loan Services, Inc. (collectively, “KeyBank”), alleging violations of California’s Unfair Competition L... More...   $0 (03-07-2012 - AZ)

Lori Wigod v. Wells Fargo Bank, N.A.

We are asked in this appeal to determine whether Lori Wigod has stated claims under Illinois law against her home mortgage servicer for refusing to modify her loan pursuant to the federal Home Affordable Mortgage Program (HAMP). The U.S. Department of the Treasury implemented HAMP to help homeowners avoid foreclosure amidst the sharp decline in the nation’s housing market in 2008. In 2009, Wells... More...   $0 (03-07-2012 - IL)

Bob O. Parris v. Barney Limes, M.D.

¶1 This certiorari proceeding concerns medical malpractice claims that plaintiff asserted against the medical providers who were involved in the cancer diagnosis of his prostate, the surgery to remove it and his subsequent treatment. The trial court has twice rendered judgments in favor of the defendants. The first round of judgments were reversed by Division IV of the Court of Civil Appeals in t... More...   $0 (03-06-2012 - OK)

Bob O. Parris v. Barney Limes, M.D.

¶1 This certiorari proceeding concerns medical malpractice claims that plaintiff asserted against the medical providers who were involved in the cancer diagnosis of his prostate, the surgery to remove it and his subsequent treatment. The trial court has twice rendered judgments in favor of the defendants. The first round of judgments were reversed by Division IV of the Court of Civil Appeals in t... More...   $0 (03-06-2012 - OK)

Bob O. Parris v. Barney Limes, M.D.

¶1 This certiorari proceeding concerns medical malpractice claims that plaintiff asserted against the medical providers who were involved in the cancer diagnosis of his prostate, the surgery to remove it and his subsequent treatment. The trial court has twice rendered judgments in favor of the defendants. The first round of judgments were reversed by Division IV of the Court of Civil Appeals in t... More...   $0 (03-06-2012 - ok)

Lee Weldon James v. Tyson Foods, Inc.

¶1 At the behest of Tyson and with the agreement of the poultry growers, we retained this cause to address two questions. The first is whether Tyson is entitled to a new trial under facts where questioning was limited to matters not covered by the jury questionnaire and the answers given in that document were incomplete, untruthful, and/or misleading. The second is a first impression issue: wheth... More...   $0 (03-06-2012 - OK)

In re the Marriage of DCR and JLR

In re the Marriage of DCR and JLR - Divorce without minor children

PETITION FOR DISSOLUTJON OF MARRIAGE
Petitioner shows as follows:
(Residency and Jurisdictiofl). That these parties are now and have been residents of the State of Oklahoma for more than six months and have been residents of Tulsa County for more than thirty days preceding the filing of this Petition.
2. (Marri... More...
   $0 (03-05-2012 - OK)

Goodson v. Ford

[290 Ga. 662]This appeal involves three adjacent properties in rural Lee County owned by Appellants Roy and Ruth Goodson and Donald and Nancy Eller and Appellees Arthur and Donna Ford. All three properties descend from a common owner who recorded, but later withdrew, a subdivision plat that included the Goodson Property and the Eller Property. The Goodsons and Ellers claim the right to use all of... More...   $0 (03-05-2012 - GA)

John Walker Baldwin v. Charles Edward Baldwin

Edmond (Oklahoma City) personal injury lawyers and Eugene Bertman successfully represented Plaintiff, John Baldwin, against Tom, Ed and Bill Baldwin for undue influence over his father to exclude John from his father's estate plan and for undue influence regarding the inter vivos... More...   $550000 (03-05-2012 - OK)

Badrudin Kurwa v. Mark B. Kislinger

Plaintiff Badrudin Kurwa ("Dr. Kurwa"), on behalf of himself and derivatively on behalf of Trans Valley Eye Associates, Inc. ("Trans Valley"), sued defendant Mark B. Kislinger and his professional corporations (together, "Dr. Kislinger") for breach of fiduciary duty and defamation, and sought an accounting.1 Dr. Kislinger cross-complained for defamation. The trial court determined that Dr. Kisling... More...   $0 (03-05-2012 - CA)

Keith Jones v. United Parcel Services, 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 (03-05-2012 - KS)

Gerald T. Dixon, Jr., L.L.C. v. Hassell & Folkes, P.C.

In this appeal, we consider whether an agreement was in writing for the purposes of the statute of limitations set forth in Code § 8.01-246.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

In March 2003, Gerald T. Dixon, Jr., L.L.C. (“Dixon”) retained Hassell & Folkes, P.C. (“Hassell”) to survey and mark the boundary lines of a parcel Dixon owned in the City of Chesapeake. Afte... More...
   $0 (03-02-2012 - VA)

Matthew A. Galumbeck v. Joseph Lopez

Dr. Matthew A. Galumbeck and Plastic Surgery of Tidewater, P.C. appeal a judgment in favor of the plaintiff Joseph Lopez (“Lopez”), administrator of the estate of Maritess Q. Lopez (“Maritess”). Finding that the trial court did not err, we affirm the judgment.

BACKGROUND

On July 30, 2008, Maritess underwent outpatient surgery performed by Dr. Galumbeck. After the surgery, Ken... More...
   $0 (03-02-2012 - VA)

Scott J. Webb v. Harry H. Shull

This is an appeal and cross-appeal from a district court judgment awarding appellant homebuyer treble damages against respondent seller, a limited liability company, but refusing to find that the individual respondent, a former manager of the limited liability company, is liable for the judgment as the company’s alter ego.

We first consider the seller’s cross-appeal, in which we ... More...
   $0 (03-01-2012 - NV)

Rolland P. Weddell v. H20, Inc.

In this appeal, we consider distinct issues arising from a fall-out between business partners. We first consider whether a judgment creditor divests a dual member and manager of a limited-liability company of his managerial duties. In doing so, we determine the rights and remedies of a judgment creditor pursuant to NRS 86.401. We conclude that a judgment creditor has only the rights of an assignee... More...   $0 (03-01-2012 - NV)

Adrienne Hennes v. John Shaw

This appeal stems from a previously-litigated dispute between two upstate realtors over the sale and commission of a parcel of real estate on Lake Keowee. John Shaw (Mr. Shaw) claims the circuit court committed reversible error when it denied his motion for directed verdict on Adrienne Hennes' (Ms. Hennes) claim for breach of contract and when it granted Ms. Hennes' motion for directed verdict on... More...   $0 (02-29-2012 - SC)

Adrienne Hennes v. John Shaw

This appeal stems from a previously-litigated dispute between two upstate realtors over the sale and commission of a parcel of real estate on Lake Keowee. John Shaw (Mr. Shaw) claims the circuit court committed reversible error when it denied his motion for directed verdict on Adrienne Hennes' (Ms. Hennes) claim for breach of contract and when it granted Ms. Hennes' motion for directed verdict on... More...   $0 (02-29-2012 - SC)

Thomas Mundy v. Laura D. Lenc

Thomas Mundy (Mundy) and attorney Morse Mehrban (Mehrban) appeal from the denial of Mundy‘s special motion to strike pursuant to Code of Civil Procedure section 425.161 and from the award of attorney fees to respondent Laura D. Lenc (Lenc). In the published portion of this opinion, we affirm the order denying the special motion to strike as it pertains to Lenc‘s cause of action for breach of t... More...   $0 (02-29-2012 - CA)

Michael McDaniel v. The Town of Double Oak

The primary issue we address in this appeal is whether the trial court erred by determining that it did not possess jurisdiction over three claims asserted by Appellant Michael McDaniel against the Town of Double Oak (the Town). Because we hold that the trial court possesses jurisdiction over McDaniel‘s claims, we reverse the trial court‘s order dismissing McDaniel‘s claims for want of juris... More...   $0 (02-29-2012 - TX)

Michael Salling v. Budget Rent-A-Car Systems, Inc.

Michael Salling rented a car from Budget Rent-A-Car at the airport in Cleveland, Ohio. He drove the car sixty-four miles in one day, refilled the fuel tank, and returned the car to the same Budget location from which he rented the car. In addition to rental and other fees that he does not dispute, he was charged a $13.99 fuel service fee that he disputes.

Salling sued in federal district co... More...
   $0 (02-29-2012 - OH)

United States of America v. Tiffany Shenae Cooper and Angela Dione Rosier

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that defendants Tiffany Shenae Cooper, 33, of Deerfield Beach, and Angela Dione Rosier, 41, of Cora... More...   $0 (02-28-2012 - FL)

Laurie Paul v. Providence Health System-Oregon

2 The issue in this case is whether a healthcare provider can be liable in
3 damages when the provider's negligence permitted the theft of its patients' personal
4 information, but the information was never used or viewed by the thief or any other
5 person. Plaintiffs claimed economic and noneconomic damages for financial injury and
6 emotional distress that they allegedly suffered... More...
   $0 (02-24-2012 - OR)

Joseph Agate v. Ronald C. Clampitt

Beginning in 1996, Joseph and Janet Agate transferred various installments of money to Ronald Clampitt based on his assertion that as a mortgage broker he would use this money to fund mortgages. In return, they would reap the benefit by receiving the interest to be generated from the mortgagors' monthly payments.1 Unfortunately, they did not memorialize this arrangement in writing. When the return... More...   $0 (02-24-2012 - FL)

Daniel L. Balsam v. Trancos, Inc.

Defendant Trancos, Inc. (Trancos) appeals from a judgment awarding statutory damages and attorney fees to plaintiff Daniel Balsam under Business and Professions Code1 section 17529 et seq. (Anti-spam Law). Balsam cross-appeals from portions of the judgment denying him relief under the Consumers Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), and finding Trancos‘s chief executive offi... More...   $0 (02-24-2012 - CA)

Glen Oaks Estates Homeowners Association v. Re/Max Premier Properties, Inc.

Appellant Glen Oaks Homeowners Association (the HOA) appeals from judgments entered against it after the trial court sustained demurrers to its first amended complaint (FAC). Respondents are two groups of realtors: (1) Loeffler and Bathke Properties Realtors, Inc., doing business as Re/Max Premier Properties, Inc., Priscilla Siew-Lin Yim, and Margaret M. Huang; and (2) DG Real Estate, Inc. (errone... More...   $0 (02-23-2012 - CA)

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