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Fraud Law
 
United States of America v. Lee Farkas

The United States charge Lee Farkas with conspiracy to commit bank fraud, mail fraud and securities fraud claiming that Defendant, the former chairman of Taylor, Bean and Whitaker Mortgage Corporation, with engaging in a multibillion dollar fraud scheme that led to the collapse of his firm and Colonial Bank. Taylor Bean was the fifth largest mortgage loan originator in the United States. The Go... More...   $0 (04-19-2011 - VA)

The Facebook, Inc. v. Pacific Northwest Software, Inc.

Cameron Winklevoss, Tyler Winklevoss and Divya Narendra (the Winklevosses) claim that Mark Zuckerberg stole the idea for Facebook (the social networking site) from them.

They sued Facebook and Zuckerberg (Facebook) in Massachusetts. Facebook countersued them and their competing social networking site, ConnectU, in California, alleging that the Winklevosses and ConnectU hacked into Facebook ... More...
   $0 (04-19-2011 - CA)

Newport News Holdings Corporation v. Virtual City Vision Incorporated, d/b/a VCV, Inc.

This appeal raises numerous issues arising out of the grant of summary judgment to Newport News Holdings Corporation ("NNHC") on its claims against Virtual City Vision and its owner Van James Bond Tran (collectively, "VCV") under the Anticybersquatting Consumer Protection Act ("ACPA").

In addition to challenging summary judgment, VCV argues that the magistrate judge erred in refusing to r... More...
   $0 (04-18-2011 - VA)

David Geras v. International Business Machines Corporation

Plaintiff David Geras, a former employee of Defendant IBM, appeals from the district court’s Rule 12(b)(6) dismissal of his contract claims against IBM for commission payments and separation pay. The district court concluded that Plaintiff’s contract claim for commission payments failed because IBM’s employee incentive plan did not constitute an enforceable contract. As for Plaintiff’s cla... More...   $0 (04-18-2011 - CO)

United States v. Serge Eric Bayard

A jury convicted Serge Bayard of use of an unauthorized access device, 18 U.S.C. § 1029(a)(2) (2006), and aggravated identity theft, 18 U.S.C. § 1028A (2006). On appeal he presses a litany of challenges, some counseled and others pro se, for the purpose of obtaining a new trial. We affirm his conviction.

I. BACKGROUND

A friendship blossomed between Bayard and Dorothy Shovan, an... More...
   $0 (04-18-2011 - NH)

Arvest Mortgage Company v. Elizabeth Nail

Elizabeth E. Nail appeals from the judgment of the bankruptcy court determining that her failure to turn over $46,016.25 in lawsuit settlement proceeds to Arvest Mortgage Company and the Federal National Mortgage Association (together, “Creditor”) resulted in a non-dischargeable debt pursuant to 11 U.S.C. § 523(a)(4). The Creditor cross-appeals, arguing that the bankruptcy court should have f... More...   $0 (04-15-2011 - AR)

United States of America v. Smith, et al.

Derrick Reuben Smith was charged with conspiracy, wire fraud and money laundering.... More...   $0 (04-14-2011 - OK)

Daniel J. Kaufman v. Siemens Medical Solutions USA, Inc.

Daniel Kaufmann appeals the district court’s1 grant of summary judgment to Siemens Medical Solutions (“Siemens”) on his claim for unpaid wages for fiscal year 2003 under the Iowa Wage Payment Collection Law (“IWPCL”) and the district court’s grant of judgment as a matter of law to Siemens on his claim for liquidated damages based on unpaid wages for fiscal year 2004 under the IWPCL, Io... More...   $0 (04-14-2011 - IA)

United States of America v. Francis G. Janosko

While the defendant, Francis G. Janosko, was incarcerated in Massachusetts at the Plymouth County Correctional Facility in late 2006 and early 2007, he was allowed to use a computer system provided to inmates for legal research. Although the equipment was set up to confine access solely to legal materials, Janosko managed to circumvent the limits and, among other havoc, gain entrance for himself a... More...   $0 (04-12-2011 - MA)

Hector L. Huertas v. Galaxy Asset Management

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP”) and Applied Card Bank f/k/a Cross Country Bank (“ACB”).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...
   $0 (04-11-2011 - NJ)

United States of America v. State of Arizona

In April 2010, in response to a serious problem of unauthorized immigration along the Arizona-Mexico border, the State of Arizona enacted its own immigration law enforcement policy. Support Our Law Enforcement and Safe Neighborhoods Act, as amended by H.B. 2162 (“S.B. 1070”), “make[s] attrition through enforcement the public policy of all state and local government agencies in Arizona.” S.... More...   $0 (04-11-2011 - AZ)

Hector L. Huertas v. Galaxy Asset Management

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP”) and Applied Card Bank f/k/a Cross Country Bank (“ACB”).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...
   $0 (04-11-2011 - NJ)

Andrea J. Felts v. CLK Management, Inc.

{1} The opinion filed in this case on March 2, 2011, is hereby withdrawn, and the following opinion is filed in its place. The motions for rehearing filed by Defendants are denied.

{2} In this consolidated case, Defendants CLK Management, Inc. (CLK) and Cash Advance Network, Inc. (CANI) (collectively, Defendants) appeal the district court’s denial of their respective motions to compel a... More...
   $0 (04-08-2011 - NM)

Hugh J. McMackin v. Kellian McGinnesss Ehrheart

In a case of first impression, we are asked to determine whether a Marvin claim1 based on a decedent‟s promise to leave her cohabitant a life estate in real property is governed by the one-year statute of limitations of Code of Civil Procedure section 366.3, and, if so, whether the doctrine of equitable estoppel can be applied to preclude assertion of section 366.3‟s statute of limitations.2 W... More...   $0 (04-08-2011 - CA)

American Modern Home Insurance Company v. Sohail Fahmian

Sohail Fahmian was sued for injuries suffered by a worker on a residence Fahmian and his company were building. Fahmian tendered the matter to his homeowners insurance company, American Modern Home Insurance Company (American Modern), which accepted the defense of the personal injury lawsuit, subject to a reservation of rights. American Modern later determined a policy limits settlement demand of ... More...   $0 (04-08-2011 - CA)

Pioneer Industries, Inc. v. Hartford Fire Insurance

These appeals involve an insurance coverage dispute over commercial crime insurance Hartford Fire Insurance Company issued to Pioneer Industries. After Pioneer's chief financial officer (CFO) died, Pioneer discovered he had embezzled more than $500,000 from the company during the eleven years prior to his death. Pioneer sued Hartford after the latter refused to pay a claim for the loss. The distri... More...   $0 (04-08-2011 - MN)

Mark Rotella v. Joan Cutting

In five issues, Appellants Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes (“MRCH”) and Mark Rotella (collectively with MRCH, “Rotella”) and Cole & Cole, P.C., and Robert R. Cole, Jr. (collectively “Cole”) appeal the trial court’s order awarding summary judgment to Appellees Joan Cutting and Mid-Continent Casualty Company (“MCCC”). We affirm.

II. Factual and... More...
   $0 (04-08-2011 - )

Anna C. Moore v. Clyde L. Reese, III

Plaintiff Anna “Callie” Moore (“Moore”) sued Defendant Clyde Reese, Commissioner of Georgia’s Department of Community Health (“DCH”),1 for allegedly violating the Medicaid Act (“the Act”) by reducing Moore’s Medicaidfunded private duty nursing care from 94 to 84 hours per week. The district court granted Moore’s motion for partial summary judgment and denied DCH’s crossmoti... More...   $0 (04-07-2011 - GA)

Best Auto v. Autohaus, L.L.C. d/b/a Ewing Autohaus

Best Auto appeals the take-nothing summary judgment rendered on its claims against Autohaus, LLC d/b/a Ewing Autohaus (Ewing). Best Auto brings seven issues contending the trial court erred by sustaining Ewing's objections to Best Auto's summary judgment evidence and by granting Ewing's motion for summary judgment on Best Auto's claims for fraud, negligent misrepresentation, and violation of the T... More...   $0 (04-07-2011 - TX)

Flora Xanthine Alexander v. Wells Fargo Bank, N.A

This is an appeal from the trial court’s grant of two traditional summary judgments to appellee Wells Fargo Bank, N.A. in its suit seeking a declaratory judgment allowing it to foreclose its real property lien on the residence of appellant Flora Xanthine Alexander. We affirm.

Background

Wells Fargo attached to its first summary judgment motion a copy of a note signed by “Flora A... More...
   $0 (04-07-2011 - TX)

Cathy A. Anderson v. American Federation of Government Employees, AFL-CIO

In this appeal, we decide whether a federal government employee’s state law tort claims against a labor union are completely preempted by the Civil Service Reform Act of 1978. See 5 U.S.C. §§ 2301–2305 (West 1994 & Supp. 2010), 5 U.S.C. §§ 7101–7154 (West 1996 & Supp. 2010) (West 2010). Finding no complete preemption under the circumstances presented in this case, we reverse and remand... More...   $0 (04-07-2011 - TX)

Robert Earl Warnke v. Nabors Drilling USA, L.P.

Robert Earl Warnke filed negligence, fraud, and negligent misrepresentation claims against Nabors Drilling USA, L.P., NDUSA Holdings Corporation, and Bruce Wilkinson arising out of his workplace injury and his claim for workers’ compensation.[1] The trial court granted summary judgment against Warnke disposing of all claims and all parties. Warnke contends the trial court erred in granting sum... More...   $0 (04-07-2011 - TX)

Carl R. Pruett and National American Insurance Company v. The Harris County Bail Bond

his appeal involves a challenge to an award of attorneys’ fees pursuant to the Civil Rights Attorneys’ Fees Award Act (42 U.S.C. § 1988) arising out of claims made against the Harris County Bail Bond Board under Title 42, Section 1983 of the United States Code. Appellants, Carl R. Pruett and National American Insurance Company (collectively, “Pruett”), bring two issues challenging the ade... More...   $0 (04-07-2011 - TX)

JN Auto Collection, Corp. v. U.S. Security Insurance Company

JN Auto Collection, Corp. (“JN”) appeals a directed verdict in favor of U.S. Security Insurance Company (“US”). We reverse.

JN is a used car dealer in the business of buying and selling repaired vehicles, some of which have state-issued certificates of destruction. For several years, US sold general liability garage keepers insurance to JN. In May 2006, US added an endorsement to it... More...
   $0 (04-06-2011 - FL)

Wade P. Fitzgerald v. Schroeder Ventures II, LLC

The issue presented in this appeal is whether defendants who successfully defended claims arising from a real estate transaction should have been awarded attorney’s fees and costs under the parties’ earnest money contract. The trial court refused to award attorney’s fees and costs under the contract, relying on the Texas Supreme Court’s decision in Intercontinental Group P’Ship v. KB Hom... More...   $0 (04-06-2011 - TX)

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