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Fraud Law
United States of America v. Sean Patrick O'Brien

United States of America charged Sean Patrick O'Brien, age 38, with conspiracy to commit offense or to defraud the United States in violation of 18 U.S.C. 371 which provides:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do... More...
   $0 (04-02-2013 - OK)

United States of America v. Patrick J. Gelin

Following a jury trial, Defendant-Appellants Patrick J. Gelin ("Gelin") and Micheline Lamarre ("Lamarre") were each convicted under 18 U.S.C. §§ 1347 and 1349 for making fraudulent claims to, and obtaining payment from, insurance companies participating in Massachusetts' no-fault automobile insurance program. Footnote They appeal their convictions, arguing first that the district court erred in... More...   $0 (04-01-2013 - MA)

United States of America v. MedQuest Associates, Inc.

MedQuest Associates, Inc. and three of its subsidiaries (collectively “MedQuest”) appeal an $11,110,662.71 judgment against them for filing false claims for reimbursement under Medicare Part B in this False Claims Act (FCA) qui tam action. The claims fall into two categories: (1) claims that were false because MedQuest used physician supervisors who were not approved by the local Medicare carr... More...   $0 (04-01-2013 - TN)

United States of America v. Cortez Fisher

It is axiomatic that, "to be constitutionally valid, a plea of guilty must be knowingly and voluntarily made." United States v. Brown, 117 F.3d 471, 473 (11th Cir. 1997). And "a guilty plea is not knowingly and voluntarily made when the defendant has been misinformed" as to a crucial aspect of his case. Id.

In this extraordinary case, the law enforcement officer responsible for the investig... More...
   $0 (04-01-2013 - MD)

Angiodynamics, Inc. v. Biolitec AG

This is an expedited appeal from the grant of a preliminary injunction barring defendants Biolitec AG ("BAG"), Biolitec, Inc. ("BI"), Biomed Technology Holdings, Ltd., and Wolfgang Neuberger from completing a merger between the German-based BAG and its Austrian subsidiary, and from the denial of defendants' motion for reconsideration. BI, which is a U.S.-based BAG subsidiary, sold medical equipme... More...   $0 (04-01-2013 - MA)

Clayton Lockett v. Anita Trammel

In August 2000, an Oklahoma state court jury convicted Clayton Lockett of 19 counts, including burglary, assault, rape, and first degree murder. He was sentenced to 2,285 years and 90 days of imprisonment for his non-capital crimes and sentenced to death for his murder conviction. The Oklahoma Court of Criminal Appeals (“OCCA”) affirmed Mr. Lockett’s convictions and sentence and later denied... More...   $0 (04-01-2013 - OK)

Matt Kincaid v. David Dess

Matt Kincaid and Julie Kincaid appeal from a summary judgment granted in favor of David Dess and Sandra Dess involving the Kincaids' breach of contract, fraud, negligent misrepresentation, civil conspiracy, and rescission claims. The Kincaids purchased a house from Sirva Relocation LLC (Sirva) for approximately $1,040,000. The bases of the Kincaids' claims involve the alleged failure of the Desses... More...   $0 (03-31-2013 - KS)

Chris Everett v. Artisan Manufacturing, LLC

Chris Everett, Mandi Everett and Everett Machine, LLC sued Artisan Manufacturing, LLC and Sammie Mikel who, in turn, sued Randay Noonkester and Levi Noonkester on breach of contract theories.

Plaintiffs' Petition alleged:

1. Plaintiffs and the Defendant, Artisan Manufacturing, L.L.C., entered into that certain Asset Purchase Agreement dated May 1, 2012 (the “Agreement”) (att... More...
   $0 (03-30-2013 - OK)

State of Oklahoma ex rel. Edmonson v. Native Wholesale Supply

The State of Oklahoma ex rel Edmonson sued Native Wholesale Supply claiming it violated the Oklahoma Tobacco Master Settlement Agreement Complementary Act by selling cigarettes in Oklahoma without being on the approved list required for sales to the public. The cigarettes that were the subject to the lawsuit had been removed from the list in 2006.

The defenses asserted by the Defendant a... More...
   $47767795 (03-30-2013 - )

Mickelsen Construction, Inc. v. Lesa Darlene Horrocks

This is an appeal out of Bannock County from a summary judgment dismissing an action to enforce an oral agreement to guaranty the debt of another on the ground that the agreement is barred by the statute of frauds. We affirm the judgment of the district court.


Factual Background.

In January 2009, Lesa Darlene Horrocks was one of the owners of Sunshine Secretarial Serv... More...
   $0 (03-29-2013 - ID)

Luis Hernandez v. Gilbert Burkeen

Luis Hernandez and Adriana Garcia sued Gilbert Burkeen and Jennifer Burkeen on negligence theories claiming:

1. That on or about March 18, 2012, the minor, Briana Hernandez, was bitten in Tulsa County by a dog owned by Defendants Gilbert Burkeen (hereinafter referred to as “Defendants), and allegedly sustained injuries. As a result of said accident, the injured minor and the minor’s p... More...
   $112500 (03-29-2013 - OK)

Barbara Collins v. Navistar, Inc.

In this strict products liability case, we consider whether the criminal nature of a juvenile‘s act of throwing rocks and concrete from a freeway overpass relieves a truck manufacturer of the duty to design windshields capable of withstanding common road hazards, such as objects hitting windshields. For the reasons that follow, we conclude the criminal nature of the rock throwing does not cut of... More...   $0 (03-29-2013 - CA)

United States of America v. Oytun Ayse Mihalik

United States of America charged Oytun Ayse Mihalik, age 41, also known as Ayse Mihalik also known as Ayse Oytun Atkin
also known as Cindy Palmer with violating 18 U.S.C. 1001 by making false statements; by providing material support to terrorists; and by making material false, fictitious, and fraudulent statements and representations in a matter involving international terrorism. Specificall... More...
   $0 (03-29-2013 - CA)

Leroy Knight v. Walgreens

In this workers’ compensation appeal, Claimant argues the Judge of Compensation Claims (JCC) (1) violated Claimant’s due process rights by sua sponte considering the defenses of medical necessity and major contributing cause (MCC), which were not raised by the Employer/Carrier (E/C) in the parties’


pretrial stipulation, and (2) the JCC erroneously admitted the medical opinion... More...
   $0 (03-28-2013 - FL)

Michael W. Meade v. 823 Properties, LLC

Michael W. Meade sued 823 Properties, LLC on a personal tort theory claiming:

1. Plaintiff, Michael W. Meade (“Meade”), is the owner of record of Lot 28 in Block One (1), of FLOYD ADDITION, a subdivision of Norman, Cleveland County, Oklahoma (“Lot 28” of “Floyd Addition”). According to professional surveys, the southern most boundary line fence for Lot 28 crosses into the plat... More...
   $1 (03-28-2013 - OK)

Raji J. Zaher v. Michael J. Miotke

The question presented is whether an easement is void ab initio or merely subject to a lien-type interest when the male owner of a servient estate violates the statute of frauds by granting an easement without securing his wife’s waiver of her then-inchoate dower interest. Consistent with long-standing precedent of the Michigan Supreme Court, an inchoate dower interest is an encumbrance on a hus... More...   $0 (03-28-2013 - MI)

The People v. Khristine Elaine Eroshevich

The People of the State of California appeal after a series of rulings which resulted in the dismissal of charges against two defendants, Dr. Khristine Elaine Eroshevich and Howard Kevin Stern. Mr. Stern‟s new trial motion was granted. Two conspiracy counts were then dismissed pursuant to Penal Code1 section 1385, subdivision (a) (section 1385). We will reverse the new trial and dismissal orders... More...   $0 (03-28-2013 - CA)

Karen Quigley v. Paul McClellan

Defendants and appellants Paul McClellan and San Dieguito Equine Group (together Dr. McClellan) are doctors of veterinary medicine. Dr. McClellan was retained by plaintiff and respondent Karen Quigley to perform prepurchase examinations on two performance horses named Syrus and Poncho. Dr. McClellan performed the prepurchase examinations and concluded that both horses were suitable for their inten... More...   $0 (03-28-2013 - CA)

Abruzzo, LLC v. James Walesa

This is an interlocutory appeal from the trial court’s order granting appellee James Walesa’s special appearance. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2012). Appellant Abruzzo, LLC contends the trial court erred in granting Walesa’s special appearance because Walesa committed torts in Texas that subject him to specific jurisdiction in Texas courts. We affirm the t... More...   $0 (03-28-2013 - TX)

Veronica Chevez Vara v. Melissa Morgan Williams

This appeal arises from Veronica Chavez Vara’s legal malpractice claim against her attorney, Melissa Morgan Williams. Vara appeals the trial court’s grant of Williams’s traditional motion for summary judgment. For the reasons that follow, we affirm the trial court’s judgment.


In 2007, Vara hired Williams to represent her in a divorce proceedi... More...
   $0 (03-28-2013 - TX)

United States v. Richard James and Ronald Mallay

2 Richard James and Ronald Mallay appeal from judgments
3 of conviction based on their participation in a wide-ranging
4 conspiracy that involved fraudulently obtained life insurance
5 policies for members of their extended families and others in the
6 Guyanese and Guyanese-American community, and, in several
7 instances, murder of the insured in order to collect on those
8... More...
   $0 (03-28-2013 - NY)

United States of America v. James Botti

Defendant James Botti was convicted of honest services
22 mail fraud after a jury trial in the District of Connecticut
23 (Charles S. Haight, Jr., Judge). See 18 U.S.C. §§ 1341 and
24 1346. In this appeal from the judgment entered on September
25 20, 2010, Botti argues that the District Court committed
26 reversible error when it used a jury instruction on honest
27 servi... More...
   $0 (03-28-2013 - CT)

Glen Llewellyn v. Allstate Home Loans, Inc. d/b/a Allstate Funding

Plaintiff Glen Llewellyn filed this action asserting a Fair Debt Collection Practices Act claim, a Fair Credit Reporting Act claim, and a state law outrageous conduct claim against Ocwen Loan Servicing LLC and Nomura Credit and Capital, Inc. (together, the “Ocwen Defendants”) based on their alleged credit reporting inaccuracies, and asserting an FDCPA and an outrageous conduct claim against Ca... More...   $0 (03-28-2013 - CO)

United States of America v. Jimmy E. Morrisset

The United States of America charged Jimmy E. Morrisset, age 53, with wire fraud, mail fraud and money laundering in a 182 count indictment relating to a Ponzi-trye scheme that used new investor money to pay earlier investors in oil and gas ventures from late 2004 until early 20007.

Title 18 U.S.C. 1343 provides:

The elements of wire fraud under Section 1343 directly parallel tho... More...
   $0 (03-28-2013 - OK)

William Dailey v. Sears, Roebuck and Co.

William Dailey (Dailey), individually and on behalf of a proposed class of similarly situated individuals, sued Sears, Roebuck and Co. (Sears), alleging several


causes of action arising from Dailey's core contention that Sears violated California's wage and hour laws, including those governing overtime pay and rest and meal breaks, with respect to its auto center "Managers" and "As... More...
   $0 (03-27-2013 - CA)

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