Leroy Johnson, the administrator of the Shirley T. Sherrod MD PC Target Benefit Pension Plan and Trust (hereinafter “the Plan�), brings this suit against the Plan’s custodian, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter “Merrill Lynch�).

2 No. 12-3869

Despite the fact that he is the Plan’s administrator and sole fiduciary, Johnson alleges that Merrill Lyn... More...   $0 (05-20-2013 - IL)

This case requires us to decide whether the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., controls the choice of venue in a post-judgment enforcement action to recover a debt under Massachusetts trustee process law. We conclude that it does not.

The facts of this case are neither complex nor contested. The plaintiff-appellant is Jennifer Smith, formerly kn... More...   $0 (04-24-2013 - MA)

This is a restricted appeal challenging a default judgment taken by Kimberly Chavera, appellee, against her former employer, appellant LCS Corrections Services, Inc. (“LCS�). We affirm.

2

I. BACKGROUND

LCS employed appellee as a corrections officer in a private prison LCS runs in Robstown, Texas. Appellee injured her foot during her employment in December 2010. She took se... More...   $0 (04-04-2013 - TX)

In three issues in this interpleader-based appeal, Appellant Betty Lou Bradshaw appeals the trial court’s orders granting summary judgment for, and distributing the interpleaded proceeds to, Appellees R.J. Sikes, Roger Sikes, Kathy Sikes, Greg Louvier, Pam Louvier, Christy Rome, Dacota Investment Holdings, L.L.P. a/k/a Dacota Investment Holdings, L.P., Colorado State Bank & Trust as custodian of... More...   $0 (03-14-2013 - TX)

In this consolidated appeal, Appellants/Judgment Creditors Hotel 71 Mezz Lender, LLC (“Hotel 71â€�) and Carbon Capital II (“Carbon Capitalâ€�) (together with Hotel 71, “Appellantsâ€�) seek review of two final summary judgments entered in favor of the Estate of James Wallace Tutt, III (“Tuttâ€� or “the Estate,â€� as appropriate).1 Both Hotel 71 and Carbon Capital had garnished Tutt and we... More...   $0 (02-27-2013 - FL)

¶1 Respondents Christopher Roinestad and Gerald Fitz-Gerald were overcome by poisonous hydrogen sulfide gas while cleaning a large grease clog in a sewer near the Hog’s Breath Saloon & Restaurant (“Hog’s Breathâ€�). The district court concluded that Hog’s Breath caused respondents’ injuries by dumpingsubstantial amounts of cooking grease into the sewer, thereby creating a fi... More...   $0 (02-25-2013 - CO)

Pilgrim’s Pride Corporation and Zurich North American (the employer) appeal the district court’s ruling, which affirmed the commutation decision of the workers’ compensation commissioner. The deputy commissioner granted Johnie Eakins’s request for a partial commutation of his workers’ compensation benefits, awarding him a lump sum amount rather than weekly benefit payments.1 The deputyâ€... More...   $0 (01-24-2013 - IA)

Bonneville Billing and Collections, Inc. (BBC) appeals from the district court’s order, on intermediate appeal, vacating the magistrate’s award of summary judgment in BBC’s favor. For the reasons set forth below, we reverse and reinstate the judgment of the magistrate.

I.

FACTS AND PROCEDURE

BBC is a collection agency which had outstanding accounts for a debtor. Medical ... More...   $0 (01-18-2013 - ID)

Appellant, Shelli Flores (“Flores�), appeals a summary judgment granted in favor of appellee, Richard Tholstrup (“Tholstrup�). We reverse and remand.

BACKGROUND

By this suit, Flores alleges that Tholstrup, an attorney, breached fiduciary duties and committed malpractice in his representation of her in connection with matters involved in a separate lawsuit. The separate la... More...   $0 (01-18-2013 - TX)

Plaintiffs and appellants Tom Jones Enterprises, Ltd., a United Kingdom Corporation, and Thomas Woodward, a professional known as Tom Jones,1 appeal from a judgment in favor of defendant and respondent County of Los Angeles (defendant), following the trial court‟s granting of defendant‟s demurrer to the first amended complaint (FAC) without leave to amend and dismissal of the action. Plaintiff... More...   $0 (01-17-2013 - CA)

¶1 This case presents a certified question of law from the Tenth Circuit Court of Appeals. Dr. Douglas Reinhart claimed an exemption in bankruptcy for 75 percent of wages that he earned prior to filing his bankruptcy petition but that were either paid to or still owing to Dr. Reinhart after the date of the petition. Dr. Reinhart based his claim on section 1673 of the federal Consumer Credit Prote... More...   $0 (12-04-2012 - UT)

This appeal raises a question of first impression involving the interpretation of Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., in the common circumstance of a debtor converting his or her case from a Chapter 13 adjustment of debts under a reorganization plan to a Chapter 7 liquidation of assets and distribution to creditors.1 If at the time of conversion the Chapter 13 trustee is... More...   $0 (10-26-2012 - PA)

Ron Stone, a Chapter 11 debtor-in-possession, brought this adversarial proceeding in bankruptcy court against his principal creditor, Randall Waldman. After a trial, the bankruptcy court found that Waldman had obtained nearly all of Stone’s business assets by means of fraud. As relief, the court discharged the debts that Stone owed to Waldman, and awarded Stone more than $3 million in compensato... More...   $0 (10-26-2012 - KY)

¶1 On April 26, 2012, the Oklahoma Bar Association (OBA) filed a formal complaint against Michelle Renee Rowe (Respondent), OBA No. 20106, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2011, Ch. 1, App. 1-A, setting forth eight (8) counts of professional misconduct in violation of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.4(c), 8.1(b) and 8.4(a)and (c) of the ... More...   $0 (10-23-2012 - OK)

In this appeal we address (1) whether a foster child in Oklahoma has a “contractual or statutoryâ€� relationship with the insurance company that provides foster care liability insurance to the foster child’s foster parent, such that the insurer owes the foster child either contractual obligations or an implied duty of good faith and fair dealing; (2) whether a judgment creditor may garnish a j... More...   $0 (10-17-2012 - OK)

¶1 Plaintiff/Appellant Discover Bank (Discover) appeals the trial court's Order filed on August 4, 2011, granting summary judgment in favor of Garnishee/Appellee Arbonne International (Arbonne), and the trial court's Order filed on October 7, 2011, awarding costs and attorney fees to Arbonne. Based on our review of the record and applicable law, we affirm.

FACTS AND PROCEDURAL BACKGROUDMore...   $0 (10-05-2012 - OK)

After obtaining a monetary judgment against Josh Reel (a Florida resident) in Iowa district court, Clark County State Bank garnished Reel’s retirement account held in Iowa by Charles Schwab & Co. Reel filed a motion to quash the garnishment claiming his retirement account was exempt from garnishment under both Iowa and Florida law. The trial court denied Reel’s motion, citing the express provi... More...   $0 (10-03-2012 - IA)

The defendant, Chung Family Realty Partnership, LLC, appeals from the trial court’s order granting the application for a prejudgment remedy filed by the plaintiff, Landmark Investment Group, LLC. On appeal, the defendant claims that (1) the doctrine of res judicata prevents the plaintiff from relitigating issues that have been or could have been litigated in the first litigation; and (2) the cou... More...   $0 (08-28-2012 - CT)

Tracy and Steve Lind filed this suit after defendants attached funds in the Linds' joint bank account pursuant to Minnesota's garnishment laws. The Linds allege that defendants deprived Tracy of her due process rights in violation of 42 U.S.C. § 1983 and that defendants violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (FDCPA). The district court1 dismissed both claims. We affirm... More...   $0 (08-09-2012 - MN)

Altech, Inc., a general contractor, contracted to build an intermediate school for the Pleasant Grove Independent School District (the Project). Endsley Electric, Inc., doing business as Industrial Power Systems or Industrial Power Systems, Inc., entered into a subcontract with Altech to provide the electrical and fire alarm work on the Project. In April 2010, shortly after the Project was complet... More...   $0 (08-08-2012 - TX)

On May 3, 2010, the trial court entered its final decree of divorce between Dustin McClain Smallridge and Patricia Robin Smallridge.[1] Insofar as the issues in this appeal are concerned, the trial court appointed Dustin and Patricia joint managing conservators of their three children, C.M.S. and C.M.S., who are twins, and E.N.S. Patricia was awarded the sole right to establish the primary resi... More...   $0 (07-26-2012 - TX)

Ruth Mendenhall appeals a summary judgment in favor of Property and Casualty Insurance Company of Hartford (Hartford) on her equitable garnishment claim seeking insurance coverage for the death of her husband, Len Mendenhall. The trial court’s judgment was premised on the conclusion that Mr. Mendenhall was an “employeeâ€� under the terms of the Hartford policy and, therefore, was excluded from... More...   $0 (07-13-2012 - MO)

Bradford Park, LLC sued Cook & Associates, Inc. and Consolidated Construction Company on professional negligence theories

Bradford Park filed the instant action against Consolidated Construction Company (“Consolidated Constructionâ€�) and Cook & Associates Engineering, Inc. on December 12, 2008. Bradford Park alleged Consolidated Construction negligently performed exëavatiqn and dirt m... More...   $0 (06-30-2012 - OK)

Lisa Grissom (Grissom) filed a garnishment action against General Insurance Company of America (GICA) seeking to satisfy a judgment entered on Grissom’s Missouri Human Rights Act (MHRA) claim (hereinafter referred to as the underlying judgment) from a GICA insurance policy. Both parties moved for summary judgment, and the trial court entered judgment in Grissom’s favor. None of the material fa... More...   $0 (05-16-2012 - MO)

Lewis A. Heacker sued Jessica J. Wright and her insurers (including Nationwide Insurance Company of America) for equitable garnishment to collect a state court judgment. The district court1 granted summary judgment to the insurers. Heacker appeals as to Nationwide. Jurisdiction being proper under 28 U.S.C. § 1291, this court affirms.

I.

Lewis Heacker sued Jessica Wright in the C... More...   $0 (04-17-2012 - MO)