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Replevin Law
 
Lula M. Henry v. New Jersey Department of Human Services

In Montells v. Haynes, 133 N.J. 282 (1993), the Court held that the two-year statute of limitations applies to all claims filed under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD), in Superior Court. The complaint must be filed within two years of the date on which the cause of action “accrued.” N.J.S.A. 2A:14-2. Montells, supra, 133 N.J. at 285. In this case we exami... More...   $0 (12-10-2010 - NJ)

The Swift, Inc. v. John J. Sheffey

A gospel music group from Tennessee known as The Swift, Inc., asks us to reverse the district court’s denial of its replevin action seeking to regain possession of its customized touring van. The group’s van broke down in the Quad Cities en route to a concert in Lakota, Iowa. The Swift seeks return of the van from John Sheffey,1 a Davenport mechanic who dismantled its engine. The Swift contend... More...   $0 (11-24-2010 - IA)

Elton Gates v. City of Chicago

Persons who are arrested by Chicago police officers often are carrying small amounts of cash which the officers seize1 and inventory at the time of arrest. The plaintiffs here were arrestees from whom police officers confiscated small amounts of cash.

The arrestees unsuccessfully sought the return of their money and challenged the City’s policies governing the return of seized funds. Th... More...
   $0 (09-27-2010 - IL)

Dawn Carton v. General Motors Acceptance Corp.

Motorcyclists Dawn Carton, James Carton, Jodi Feller, Terry Feller, Cody Medinger, and Stephanie Nieland (collectively, Appellants) brought an action against General Motors Acceptance Corporation (GMAC), arising out of injuries Appellants sustained when they were struck by a leased vehicle driven by Tiffany Gannon. GMAC held the lease on the vehicle driven by Gannon. Appellants sued GMAC, alleging... More...   $0 (07-13-2010 - IA)

Rayfield Investment Company v. Howard Kreps

Opposing creditors clash over security interests in a painting found in the inventory of a failed art gallery. One creditor is its operating capital lender claiming a perfected security interest in all its inventory. The other is a consignor who placed a painting with the gallery for sale but without perfecting his interest in the consigned goods. Concluding that the governing statutes for securit... More...   $0 (05-05-2010 - FL)

Reginald D. Whittington, Jr. v. Indianapolis Motor Speedway Foundation, Inc.

Reginald Whittington sued the Indianapolis Motor Speedway Foundation, Inc. (“Foundation”) for tortious conversion and replevin of a 1979 Kremer Racing Porsche 935 K3 automobile, which is on display at the Foundation’s Hall of Fame Museum. Whittington delivered the racing car to the Foundation in the early 1980s and sought its return in 2004. Whittington claimed that he loaned rather than don... More...   $0 (04-13-2010 - IN)

Gregg C. Revell v. Port Authority of New York and New Jersey

Gregg C. Revell appeals from the dismissal of his claims, brought pursuant to 42 U.S.C. § 1983, seeking to impose liability upon the Port Authority of New York and New Jersey (“Port Authority”) and Port Authority Police Officer Scott Erickson for arresting him under New Jersey’s gun laws and seizing his firearm and ammunition. According to Revell, his arrest was unlawful because he was in c... More...   $0 (03-23-2010 - NJ)

Brian Crotty v. Tuccio Development, Inc.

This appeal addresses issues arising from the trial court’s determination of probable cause in granting a prejudgment remedy in the amount of $1.7 million. The defendant, Tuccio Development, Inc., appeals from the court’s judgment granting the prejudgment remedy in favor of the plaintiffs, Brian Crotty and Peggy Crotty, upon a finding of probable cause that the defendant had breached a repurch... More...   $0 (03-16-2010 - CT)

Willco Enterprises, LLC v. Conchita L. Woodruff and Victore Insurance Company

¶1 In a dispute arising out of a residential construction contract, Plaintiff/Counter-Defendant/Appellant Willco Enterprises, L.L.C. (Willco) and Third-Party Defendant/ Appellant Donny Williamson (Williamson), appeal the trial court's order denying their motion to compel arbitration. Willco and Williamson (Appellants) argue the Uniform Arbitration Act, 12 O.S. Supp. 2006 §§1851-1881 (the New Ac... More...   $0 (02-19-2010 - OK)

Auto Cash Title Loans of Wisconsin, Inc. v. Paul Webster

Paul Webster appeals an order denying his motion for costs and attorney fees for violations of the Wisconsin Consumer Act. Webster argues that violations of the consumer act’s procedural requirements may entitle a prevailing party to recover costs and attorney fees, and that his motion was timely filed. We agree and reverse and remand for the circuit court to determine and award costs and atto... More...   $0 (02-09-2010 - WI)

Fernando Roa and Lilian Roa v. LAFE and Marino Roa

At issue on this appeal are several questions centering on the operation of the two-year statute of limitations applicable to the antiretaliation provision of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-12(d). In particular, we are asked to declare whether the statute of limitations bars a retaliation claim based both on an employee's discharge and on a post-discharge retaliatory ... More...   $0 (01-14-2010 - NJ)

Julia Matthey v. St. Louis County and Eric T. Tolen

Eric T. Tolen (Appellant) appeals from the trial court’s judgment granting Julia Matthey’s (Respondent) claim for declaratory judgment. In its declaratory judgment, the trial court concluded that Respondent was the rightful owner of 100 Krugerrands in the possession of the St. Louis County Police Department and ordered the Police Department to deliver possession of the Krugerrands to Responden... More...   $0 (12-01-2009 - MO)

Nicole L. Musick v. State Farm Bank

Melissa Bradley appeals from an oral order in Nicole Musick’s small claims replevin action to recover a vehicle in Bradley’s possession.[2] Bradley argues that the trial court erred in ordering her to sell the vehicle and split the proceeds equally with William Davis, a non-party witness in this action. Bradley contends that courts may not issue money judgments in replevin actions, and that ... More...   $0 (10-08-2009 - WI)

Excel Bank v. National Bank of Kansas City d/b/a Great American Acceptance Company

Excel Bank ("Excel") appeals from a summary judgment in favor of National Bank of Kansas City d/b/a Great American Acceptance Company ("GAAC") on Excel's replevin action concerning eighteen vehicles that GAAC seized from a used car dealer, Miles Truck and Auto ("Miles"). For the following reasons, we affirm.

The underlying facts are undisputed. On March 5, 2004, GAAC advanced money to Miles... More...
   $0 (06-30-2009 - MO)

John Hardison Properties, Inc. v. Tim Esau

John Hardison Properties, Inc. sued Tim Esau on a replevin theory.

The claims made and defenses asserted are not available.... More...
   $0 (06-03-2009 - OK)

Francis Groshek and Karen Groshek v. Michael G. Trewin

¶1 In this action Francis and Karen Groshek claim their former attorney, Michael G. Trewin, breached his fiduciary duty to them in the course of purchasing their property, which included their homestead. The circuit court denied Trewin’s motion for summary judgment and, after a trial to the court, determined that Trewin had breached his fiduciary duty. The court ordered rescission of the contra... More...   $0 (03-26-2009 - WI)

Thomas Gibson, Jr. v. Regions Financial Corp.

Thomas Jerry Gibson, Jr., commenced this action against his former car dealership’s secured lender, Regions Bank and its parent company (collectively, “Regions”), asserting a variety of tort claims arising out of the failure of the business.

The district court1 granted summary judgment dismissing all claims. Gibson appeals the dismissal of claims for abuse of process, malicious prosec... More...
   $0 (03-02-2009 - AR)

Robert G. Vineberg, et al. v. Maria-Louise Bissonnette

This case has its roots in one of history's bleakest periods: the Holocaust. It began with the de facto confiscation of a valuable work of art by the Third Reich, which eventually led to the litigation that confronts us today.

In its present form, the case presents a narrow legal question concerning the viability of a laches defense asserted by the current possessor of the work o... More...
   $0 (11-19-2008 - RI)

WSH Properties, L.C.C. v. Curt N. Daniels and Indian Creek Corporation

The defendants appealed the trial court’s denial of their motion for new trial, claiming the jury’s excessive damage award was the result of passion. The court of appeals held the trial court abused its discretion in ordering a remittitur rather than a new trial in view of the trial court’s impression the jury was motivated by anger and a desire to punish the defendants. We granted further r... More...   $107000 (10-21-2008 - IA)

Noble Systems Corporation v. Alorica Central, LLC

Noble Systems Corporation sued Alorica Central, LLC, Pandora Select Partners, LP, and Whitebox Advisors, LLC (doing business as Pandora Select Partners, LP)1 for tortious interference with a business relationship, fraud and intentional and negligent misrepresentation, conversion, unjust enrichment, and conspiracy to defraud Noble and convert its property. Noble also sued Alorica for replevin. Base... More...   $0 (10-08-2008 -

Hirsch Holdings, LLC v. Hannagan-Tobey, LLC

¶1 Plaintiffs/Appellants Hirsch Holdings, L.L.C., et al. (individually, by name, or collectively, Hirsch or Plaintiffs), seek review of the trial court's orders denying their motion to vacate an arbitrator's award for Defendants/Appellees Hannagan-Tobey, L.L.C., et al. (individually, by name, or collectively, Hannagan or Defendants), and granting Defendants' motion to confirm the arbitrator's dec... More...   $0 (10-02-2008 - OK)

JCB, Inc. v. Union Planters Bank, N.A. and Machinery, Inc.

JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined t... More...   $1087500 (08-26-2008 - MO)

KT&G Corp., Xcaliber International Limited, LLC. v. Attorney General of the State of Oklahoma

In 1998, forty-six states, as well as several territories (“the settling states”), entered into a Master Settlement Agreement (“MSA”) with the four major tobacco companies. By that agreement, the settling states agreed to release the tobacco companies from liability for claims the states had against them to recover for tobacco-related health costs, and the tobacco companies in turn agreed ... More...   $0 (07-30-2008 - OK)

Earl Lee Snider and Carmin Noel Snider v. Lincoln County Board of County Commissioners

Earl Lee Snider and Carmen Noel Snider filed claims under 42 U.S.C. 1983, alleging that David Neal and Chris Evans, both officers with the Lincoln County Sheriff's Department, violated their Fourth and Fourteenth Amendment rights when, without a warrant, they entered the Sniders' home, seized Mr. and Mrs. Snider, and seized Mr. Snider's concealed weapon permit (CWP) and fifteen guns. The Sn... More...   $0 (06-07-2008 - OK)

Casablanca Trax, Inc. v. Trax Records, Inc., et al.

What happens when the parties to a contract put a broad arbitration clause in one document, but include no such clause in a second document providing security for the promises made in the first document? At least under the circumstances of this case, we hold that the parties must submit the question of arbitrability to the arbitrator first, before addressing any claims that may not be subjec... More...   $0 (06-06-2008 - IL)

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