Cynthia Paroski appeals the trial court’s judgment in favor of Stavick2 Inc. d/b/a Tropix (Tropix). In several issues, Paroski generally contends the trial court erred in entering judgment against her because there was no enforceable contract between Tropix and the employee she hired, and (2) Tropix engaged in a fraudulent transfer. For the following reasons, we affirm the trial court’s judgme... More...   $0 (07-30-2014 - TX)

A patron orders a hamburger from the menu at a diner and asks the server if he can substitute edamame for french fries. "No substitutions," says the server. We, like the server who cannot add or substitute entries on the menu, cannot add or substitute words in a statute.
Code of Civil Procedure 1038 requires a mandatory award of defense costs where the trial court grants summary judgment and f... More...   $0 (07-23-2014 - CA)

Here we hold that a declaratory relief action filed in response to an
attorney's letters threatening litigation over a contract dispute does not come within the
provisions of a strategic lawsuit against public participation ("SLAPP"). (Code Civ.
Proc., § 425.16.)1
John Travolta, Atlo, Inc., a Delaware corporation, Constellation
Productions, Inc., a California corporation, and ... More...   $0 (07-22-2014 - CA)

Monira Ulkarim appeals an order granting a special motion to strike (Code Civ. Proc., § 425.16)1 her complaint against Westfield LLC (Westfield). She alleges several counts against Westfield relating to the termination of a lease allegedly in violation of a lease agreement. Plaintiff contends her complaint does not arise from protected activity under the anti-SLAPP statute and she established a p... More...   $0 (07-17-2014 - CA)

In this consolidated appeal, Brett J. Stettner (“Stettner�) appeals two trial
court orders: (1) denying his motion to set aside clerk’s default, to vacate default
final judgment and to quash a writ of garnishment; and (2) denying his motion to
set aside sheriff’s sale. For the reasons that follow, we reverse both orders.
On May 14, 2012, Stettner filed a Petition for Injunc... More...   $0 (07-16-2014 - FL)

Plaintiff and appellant Nancy F. Lee hired Attorney William B. Hanley to
represent her in certain civil litigation. After the litigation settled, Lee sought a refund of
unearned attorney fees and unused expert witness fees she had advanced to Attorney
Hanley. Not having received a refund, Lee hired Attorney Walter J. Wilson and
terminated the services of Attorney Hanley. Attorney H... More...   $0 (07-15-2014 - CA)

Stephen Hoffmeyer and Anthony Wichlan filed this 42 U.S.C. § 1983 suit
against Water Patrol Officers Michael Porter and Thomas Belote (collectively, “the
officers�), alleging false arrest and retaliation. The case proceeded to trial. After a
jury returned a defense verdict on both claims, the district court1 denied a motion for
a new trial brought by both Hoffmeyer and Wichlan... More...   $0 (07-15-2014 - MO)

Anthony and Melissa Stonecipher became targets of an investigation into their purchases and sales of firearms and explosives. During the investigation, federal officers discovered that Mr. Stonecipher had pleaded guilty in 2007 to a misdemeanor crime of domestic violence in Missouri. One of the officers, Carlos Valles, concluded Mr. Stonecipher had violated federal law, which makes it illegal for ... More...   $0 (07-01-2014 - NM)

Five young men were badgered into confessing to a crime they did not commit sued The New York County District Attorney's Office on civil rights violations under 42 U.S.C. 1983 claiming that their civil rights were violated and they were wrongfully convicted of a crime they did not commit. The Plaintiffs, ranging in age from 14 to 16 at the time of their arrests, claimed that they were coerced into... More...   $40000000 (06-20-2014 - NY)

Following their criminal prosecution and acquittal for the aggravated sexual assault of Shannon Coyel, appellants Mark and Rhonda Lesher sued Shannon for malicious prosecution and also sued her, her husband Gerald Coyel, and prosecutor Val Varley for violations of title 42, sections 1983 and 1985 of the United States Code. Shannon, Gerald, and Varley each filed a motion for summary judgment, which... More...   $0 (06-16-2014 - TX)

This appeal casts a harsh light on some of the darkest corners of life in Chicago. The plaintiff, at the time of the events giving rise to this suit, was a general in the El Rukn street gang, out on parole for a murder conviction, when he became embroiled in a second murder. Among the defendants are several disgraced police officers, including the infamous Jon Burge, a man whose name evokes shame ... More...   $0 (05-28-2014 - IL)

Plaintiffs-appellants Johnny Robertson, Nolan Lovett, Arrico Spires, Charles Matthews, Marlon Brooks, and Tyron Brown appeal the district court’s grant of summary judgment to defendants-appellees Lee Lucas, Robert Cross, Thomas Verhiley, Jamaal Ansari, Chuck Metcalf, Matt Mayer, and Larry Faith, and the district court’s dismissal of appellants’ claims against Richland County and the City of ... More...   $0 (05-28-2014 - OH)

30 Plaintiff Pablo Morales appeals from a judgment of the United States
31 District Court for the Southern District of New York (Crotty, J.), dismissing
32 his Second Amended Complaint against the City of New York, the New York
33 City Police Department (“NYPD�), and four individual State and Federal law
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1 enforcement officials. Morales brought this action against the ind... More...   $0 (05-16-2014 - NY)

This matter requires application of well-settled legal doctrines to an unusual set of facts. As detailed below, Sara Lesende (“Lesendeâ€�) and her husband, Victor Lesende, brought suit against the City of Newark (“the Cityâ€�) and Police Officer Arnold Borrero. Following a five-day trial, a jury found that both Officer Borrero and the City were liable and awarded Lesende $2,700,000 in compensa... More...   $0 (05-15-2014 - NJ)

This case began with a prosaic dispute. John and Dawn Ertz (collectively the Ertzes) purchased a motor home from retailer Mega RV Corporation (Mega RV). Citing alleged defects in the motor home, the Ertzes sued Mega RV, Country Coach, L.L.C. (Country Coach; the manufacturer of the motor home), and Bank of America, N.A. (Bank of America; the financier of the transaction) under the Song-Beverly Cons... More...   $0 (04-30-2014 - CA)

This is a second appeal from a judgment of the district court in this case. The litigation involves numerous claims under federal and state law stemming from plaintiff Shomarie L. Thurmond’s arrest and ensuing 35-day detention in Detroit in 2005.

In the first appeal, a panel of this court affirmed in part the lower court’s summary judgment ruling in favor of defendant police officers ... More...   $0 (04-28-2014 - MI)

The facts underlying this appeal—many of which are undisputed—are hardly believable. Plaintiff-Appellant, Byron Halsey, a young man with limited education, learned that the two small children for whom he had been caring had been tortured and murdered. He wanted to help in the investigation of these heinous crimes but found himself isolated in a police interview room, accused of the murders, to... More...   $0 (04-24-2014 - NJ)

In this case, we address the applicable statute of limitations when an attorney is sued for malicious prosecution. Almost thirteen months after the resolution in the trial court of Sportsmark Trading, Ltd. v. Roger Cleveland Golf Company, Inc. (Super. Ct. L.A. County, 2007, No. BC365228) (the Sportsmark action), Roger Cleveland Golf Company, Inc. (RCG), the defendant therein, filed a malicious pro... More...   $0 (04-15-2014 - CA)

This is the fourth appeal arising out of two lawsuits regarding court reporter fees. In the first lawsuit filed in justice court, Houston Reporting Services (HRS) alleged that Veronica Davis, an attorney, breached her contractual obligation to pay for deposition transcripts. HRS obtained a post-answer default judgment

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against Davis, and then used a court-appointed receiver to remov... More...   $0 (03-27-2014 - TX)

Brent Bates Builders, Inc. and Brent Bates, individually, (collectively referred to as “Bates�) appeals from the final judgment of the trial court in favor of

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Rahul Malhotra, individually and d/b/a the Malhotra Law Firm; Venit Malhotra, individually and d/b/a the Malhotra Law Firm; and Salvador Villalobos (collectively referred to as “Malhotraâ€�). In one issue on appeal, Bat... More...   $0 (03-14-2014 - TX)

COMES NOW Plaintiff, Henry Dean Vaughan (“Dr. Vaughan�) and [or action against Defendants, alleges and states:

All parties reside in Oklahoma and all actions hereafter complained of substantially occurred within this county. Defendants acted jointly in pursuit of unlawful actions in Oklahoma County, Cause No.: CJ-2001-2297 (the “2001 caseâ€�), and are subject to the jurisdiction and v... More...   $0 (03-07-2014 - OK)

James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months, Bergstrom’s attorney failed to comply with a court ordered deadline to submit answers to written discovery requests. The district court dismissed Bergstrom’s suit with prejudice for failure to prosecute and failures to comply ... More...   $0 (03-06-2014 - MN)

¶1 Plaintiff Josue Castellanos appeals from the district court’s
grant of summary judgment in favor of defendant Tommy John,
LLC (Tommy John) on Castellanos’s claims for negligent hiring and
for vicarious liability based on intentional torts committed by a
security company’s employees. We affirm.
Castellanos v. Tommy John, LLC
BACKGROUND1
¶2 On August 14, 2009, ... More...   $0 (02-27-2014 - UT)

Appellant, Marilyn Weaver, sued appellee, Paul McKeever, for malicious prosecution based on a number of citations McKeever issued to Weaver for her non-code-compliant roof. McKeever moved to dismiss, asserting governmental immunity because he issued the citations in his capacity as a code enforcement

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officer for the City of Missouri City. The trial court granted McKeever’s motion... More...   $0 (02-25-2014 - TX)

In Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465 (Westlake), we held that, before a physician may bring a common law tort action directed against a hospital’s quasi-judicial decision to terminate the physician’s staff privileges, he or she must first exhaust all internal hospital procedures to reverse the decision, and, if this fails, must prevail in court in a mandamus proce... More...   $0 (02-20-2014 - CA)