The United States of American charged Bobby Ray Harris, age 26, of willfully making a threat in violation of 18 U.S.C. 844 and attempting to extort bank money in violation of 18 U.S.C. 2113 as a result of threatening to bomb the high school in Miami, Oklahoma on September 11, 2012. It claimed that Harris called the school and said that a bomb had been placed in the school. As a result of the cal... More...   $0 (05-15-2013 - OK)

The United States of America charged James Paul Wright, age 23, with conspiracy to commit robbery in violation of 18 U.S.C. 1951, attempted robbery in violation of 18 U.S.C. 1951, two counts of possession of firearm in furtherance of a crime of violence in violation of 18 U.S.C. 924 and carjacking in violation of 18 U.S.C. 2119. It also sought forfeiture of firearms pursuant to 28 U.S.C. 2461 in ... More...   $0 (05-13-2013 - OK)

The mastermind of a $29.1 million Medicare fraud scheme involving approximately 30 purported medical clinics pleaded guilty today in Detroit for his role in the scheme.

The guilty plea was announced by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade; Special Agent in Char... More...   $29100000 (05-03-2013 - MI)

The defendant in this defamation case asks us to reverse the judgment and remand the case for a new trial. He argues that this result is required because the jury’s answer to the single actual-damages question was predicated on its findings that he published nine defamatory statements that he knew or should have known were false, but the evidence is legally insufficient that one of the statement... More...   $0 (05-02-2013 - TX)

Donald Turner, a.k.a. Don Wood, was convicted by a jury of one count of conspiracy to defraud the United States in violation of 18 U.S.C. § 371. The District Court sentenced Turner to 60 months‟ imprisonment and three years of supervised release. In addition, it ordered Turner to pay $408,043 in restitution to the Government under 18 U.S.C. § 3663. Turner appeals his conviction and sentence. H... More...   $0 (05-01-2013 - PA)

The United States of America charged Paul R. Gunter, age 64, with conspiracy to defraud the United States, frauds and swindles, fraud by wire, radio or television, attempted and conspiracy to commit mail raud, fraud by wire, radio or television, money laundering, postal, interstate wire, radio, etc., in interstate commerce in violation 18 U.S.C. 1341.F, 18 U.S.C. 1343.F, 18 U.S.C. 1348.F, 18 U.S.C... More...   $0 (04-19-2013 - FL)

This case presents a challenge to the practice known in the 401(k) services industry as “revenue sharing�—an arrangement allowing mutual

2 Nos. 12-1081, 12-1213 & 12-2536

funds to share a portion of the fees that they collect from investors with entities that provide services to the mutual funds, the investors, or both. Although the practice has been commonplace for years, unti... More...   $0 (04-15-2013 - WI)

Appellant-Plaintiff, Dennis Fahlsing (Father), appeals the trial court’s denial of his motion for summary judgment in favor of Shannon Fahlsing (Shannon) and Angela Taylor (Angela) (collectively, the Daughters) and its order staying the action and compelling arbitration.

We affirm.

ISSUES

Father raises two issues on appeal, which we restate as follows:

(1) Whether the... More...   $0 (04-09-2013 - IN)

When can you trust your accountant’s advice about when your taxes are due? That is the question we face today. Appellant Peter Knappe, acting as the executor of an estate, asked his accountant to apply for an extension of the deadline to file the estate-tax return from the Internal Revenue Service (“IRSâ€�). The accountant told Knappe that the deadline had been extended one year, when in fact ... More...   $0 (04-05-2013 - CA)

Appellants, Christopher Boehringer and Enginuity Engineering, Inc. (“EEI�), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, Mark A. Konkel, in Konkel’s suit against Boehringer and EEI for shareholder oppression. In five issues, Boehringer and EEI contend that the

2

evidence is legally and factually insufficient to support the jury’s f... More...   $0 (04-04-2013 - TX)

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 “Agreementâ€�) (att... More...   $0 (03-30-2013 - OK)

The United States of America charged Homer Helter, age 68, and James Kassel, age 61, with illegally selling guns with a license and conspiring to deal firearms without a license. Helter owns and operated Homer Helter's Antique & Military Mall in Naples, Florida.

The Defendant claimed that they were selling guns from their personal collections and did so infrequently, which is legal withou... More...   $0 (03-30-2013 - FL)

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)

Atheists of Florida and Ellenbeth Wachs, Director of the Lakeland Chapter
of the Atheists of Florida, (collectively “AOF�), appeal from the district court’s
order denying their motion for summary judgment and granting summary
judgment in favor of the City of Lakeland, Florida and its mayor, Gow Fields,
(collectively “Lakelandâ€� or “Lakeland Cityâ€�) in this action filed ... More...   $0 (03-26-2013 - FL)

Dr. Jayen Patel sued Tulsa Pain Consultants, Inc., P.C., Ebondie Titworth, Dr. Martin Martucci, M.D., Lame Nguyen, M.D., Alana Campbell, Robert Saenz, and Dr. Andreas Revelis, M.D. on breach of contract theories claiming:

1. Plaintiff is a physician residing in Tulsa County, Oklahoma.

2. Defendant Tulsa Pain Consultants, Inc., P.C. (hereinafter TPC’), is a domestic professional... More...   $0 (03-22-2013 - OK)

Defendant Michael R. Woods (Woods) was convicted of
numerous charges arising from a tax fraud scheme operated
through his business of preparing income tax returns for private
individuals. In this appeal, Woods argues that his trial
was prejudiced by three errors, namely, that the district court
improperly restricted Woods’ constitutional right to testify in
his own defens... More...   $0 (03-19-2013 - NC)

The United States of America charged Chester Davis with evasion of payment of taxes in violation of 26 U.SC 7201, evasion of assessment of taxes in violation of 26 U.S.C. 7201; obstructing the due administration of internal revenue laws in violation of 26 U.S.C. 7212; and fictitious obligations intended to defraud in violation of 18 U.S.C. 514.

The Government claimed that Davis tried to avo... More...   $0 (03-08-2013 - OR)

On original submission, we held that the trial court committed reversible error when it denied the special appearance entered by Grand Aerie Fraternal Order of Eagles. We held that for two reasons: (1) because there is not a substantial connection between Grand Aerie’s contacts in Texas and the lawsuit sufficient to confer specific jurisdiction and (2) because Grand Aerie’s contacts with Texas... More...   $0 (02-21-2013 - TX)

Federal courts have exclusive jurisdiction over cases“arising under any Act of Congress relating to patents.� 28 U. S. C. §1338(a). The question presented is whether a state law claim alleging legal malpractice in the handling of a patent case must be brought in federal court.
I In the early 1990s, respondent Vernon Minton developed a computer program and telecommunications network design... More...   $0 (02-20-2013 - TX)

Cecilia Giamundo, New Day For Families, LLC, Wendy Ross, James Ross, III, Move Your Feet, LLC, Victoria Manganelli, Charles Manganelli, Little SG, LLC, Debra Caldwell, Moses Caldwell, Home run Enterprises, LLC sued Seekingsitters Franchise Systems, Inc., David Kallweit and Adrienne Kallweit on breach of contract theories claiming:

1. Defendants unlawfully induced Plaintiffs to execute Fra... More...   $1 (02-16-2013 - OK)

Jamie L. Basden and Estate of Brandon Jon Basden sued Matt M. Blankenship, M.D. and Adult Gastroenterology Associates, Inc. on medical negligence (medical malpractice) theories claiming:

Dr. Matt Blankenship, of Adult Gastroenterology Associates, Inc., provided medical care and treatment to Brandon Jon Basden in October and November of 2011. On November 18, 2011, Brandon Jon Basden passed a... More...   $1 (02-14-2013 - OK)

Appellant, Robert Writt, challenges the trial court’s rendition of summary judgment in favor of appellees, Shell Oil Company and Shell International, E&P, Inc. (collectively, “Shellâ€�), in Writt’s suit against Shell for defamation. In two issues, Writt contends that the trial court erred in granting Shell summary judgment as Shell did not have an absolute privilege to make defamatory statem... More...   $0 (02-14-2013 - TX)

2 Wife appeals a judgment dissolving the parties' marriage, raising two
assignments of error.1 3 First, she contends that the trial court erred in awarding husband,
4 the noncustodial parent, the right to claim tax exemptions for their dependent children or,
5 alternatively, that the court erred in failing to consider and make findings regarding the
6 effect of that award on husban... More...   $0 (02-13-2013 - OR)

Michelle Gonzalez and 1st Medical Group, LLC, appeal a final order determining that they were not entitled to seek compensation for loss of income and loss of value after the City of Tampa Police Department seized their currency without probable cause. We reverse.

The issue on appeal is narrow, and our record is limited. The underlying facts have been provided by the parties and are not gen... More...   $0 (02-01-2013 - FL)

These appeals call to mind that the law normally ministers to the vigilant, not to those who sleep upon perceptible rights. The tale follows.

These appeals trace their genesis to a suit brought by a Massachusetts corporation and its principals, citizens of Massachusetts, against their quondam accountant and his firm. Their complaint alleged that the defendants negligently advised ... More...   $0 (02-01-2013 - MA)