http://www.morelaw.com Creditor Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B204047&s=CA&d=42042 Plaintiff and appellant Robert Davis (Davis) appeals a judgment of dismissal following the sustaining without leave to amend of a demurrer interposed by defendant and appellant Ford Motor Credit Company LLC (Ford) to Daviss original complaint.Ford also appeals, seeking review of a postjudgment order denying its motion for attorney fees.This litigation relates to Fords billing practices u Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2007-SC-000443-DG%202008-SC-000109-DG&s=KY&d=42017 This is an appeal from a Court of Appeals' opinion reversing the Judgment of the Warren Circuit Court in favor of Appellant/ Cross- Appellee, Tim Emberton ("Emberton"), on the grounds that his personal injury action against Appellee/Cross-Appellant, GMRI Inc . ("GMRI"), was untimely filed and thus barred by the statute of limitations. For reasons that GMRI actively concealed Emberton's probable ca Thu, 29 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1089&s=MA&d=41881 Plaintiffs Joseph P. Donahue (Donahue) and Sonoran Scanners, Inc. (Sonoran) appeal from an order of the United States District Court for the District of Massachusetts granting summary judgment to defendant PerkinElmer, Inc. (PerkinElmer) on claims for breach of contract and violation of Massachusetts General Laws Chapter 93A, Mass. Gen. Laws ch. 93A 11. These claims arise fro Thu, 29 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=WD70011&s=MO&d=41828 Moore Equipment Company appeals the circuit court's grant of summary judgment in favor of Callen Construction Co., Inc., on Callen's claim for conversion. Moore contends that Callen's claim fails as a matter of law because it seeks the return of money and does not fall within the limited circumstances in which a claim for the return of money lies in conversion.Moore also alleges that the circuit Wed, 28 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20Opinion%20No.%20130&s=ID&d=41739 This is an appeal from the dismissal of Jerry and Joy Christians action to set aside an allegedly fraudulent transfer. The district court dismissed the action, finding that the Christians lacked standing because their claim was preempted by federal bankruptcy law. We vacate and remand.I.Factual and Procedural SummaryJerry and Joy Christian were victims of a Ponzi scheme operated by Robert Mc Tue, 20 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-12577/12587&s=AK&d=41737 Cathy Frost and John Spencer, friends who were at times romantically involved, ran a business together from the late 1980s to the early 2000s. When their working relationship deteriorated, Spencer sued for division of the partnership property under the law of domestic relations. Frost agreed to a dissolution of their business partnership under a framework for the equitable distribution of as Tue, 20 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=283923&s=MI&d=41682 In this wrongful death action, defendant Michael Dargay, D.O. (Dargay), appeals as of right from the trial courts order granting his motion for $42,048.50 in case evaluation sanctions against plaintiffs, but denying his request to have the sanctions paid from the proceeds of a $17,500 settlement between plaintiffs, as co-personal representatives of the estate of Elizabeth Kitchen, and codefenda Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-07-00762-CV&s=TX&d=41670 Appellants, SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc., (collectively SCTW), were sued by AAR, Incorporated (AAR) for failing to pay for mold remediation and storage services that AAR had provided. After a trial by jury, the trial court awarded AAR $422,049.05 in damages, pre-judgment interest and attorneys fees. SCTW contends the tria Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2077&s=OK&d=41753 1 Certiorari was granted to settle the first-impression question whether a creditor who does not impose liability on a mortgage debtor for the deficiency that remains after a foreclosure sale may maintain a suit against the debtor and other parties for fraud in the inducement of the loan that is secured by mortgage. In short, we are asked to decide whether the mortgage debt's satisfaction under Tue, 13 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=%202008SC456&s=WI&d=41695 Melissa Bradley appeals from an oral order in Nicole Musicks small claims replevin action to recover a vehicle in Bradleys 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 Thu, 8 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=9-598%20/%2009-0011&s=&d=41718 We must decide whether the district court abused its discretion in overruling the plaintiffs motion to extend the deadline for designating an expert in a medical malpractice action.I. Background Facts and ProceedingsMatthew Munoz underwent surgery for a wrist injury. Dr. Bruce Murphy performed the surgery. Murphy subsequently died.Munoz sued Dr. Murphys estate for medical malpractice. The es Wed, 7 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%201313%20September%20Term,%202008&s=MD&d=41657 This appeal is from a judgment entered by the Circuit Court for Prince Georges County against Ahmed M. Ali, appellant, and in favor of CIT Technology Financing Services, Inc., appellee, in the amount of $190,725.85 in damages and $21,977.95 in prejudgment interest. Appellant contends that the trial court should have dismissed the suit because it was barred by the applicable statute of limitatio Mon, 5 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%20CIV%20APP%2074&s=OK&d=41990 1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re Thu, 1 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-P-303&s=MA&d=41523 This is an appeal by Hy-Brasil Restaurants, Inc. (Hy-Brasil), and Liam Tiernan (Tiernan) from a judgment entered after a jury-waived trial that held both defendants jointly and severally liable on the basis of quantum meruit [FN2] to pay the plaintiff-subcontractor for its services. We affirm with a slight modification.Background. We take our facts from the findings of the trial judge, adding Wed, 30 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A08-1899&s=MN&d=41579 This is an appeal from summary judgment in an interpleader action in which the district court determined that respondent partnership was entitled to the proceeds from the settlement of a lawsuit against the federal government, and dismissed appellants damages claims against respondent law firms, who were litigation counsel in the federal lawsuit and commenced this interpleader action to resolve Tue, 29 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=ED92601&s=MO&d=41565 Lisa Adams (Adams), William O. Weindell and Pauline Weindell (collectively referred to as Weindells; Adams and Weindells collectively referred to as Plaintiffs) appeal from the trial courts grant of summary judgment in favor of Stefano Cossa and Susan Cossa (Cossas or Defendants) on Plaintiffs First Amended Petition alleging misrepresentation.1 We reverse the trial courts grant of summary Tue, 29 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=WD69819&s=MO&d=41563 This case arises from a proof of claim filed by J.C. Penney Life Insurance Company (Penney) against the receivership for Transit Casualty Company (Transit) pursuant to a Reinsurance Agreement. The Cole County Circuit Court entered a judgment finding that the agreement between Penneys predecessor in interest, Beneficial Fire & Casualty Company (BF&C), and Transit is, in fact, a Tue, 29 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=WD69886&s=MO&d=41562 American Family Mutual Insurance Company appeals the circuit court's judgment in garnishment in favor of Chrystal Lunde arising from a default judgment. American Family contends that the circuit court erred in: (1) finding that Carol Scardacci's bankruptcy filing had no effect on the default judgment, and (2) finding that the insurance policy required American Family to pay post-judgment interest. Tue, 29 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=NY&d=41416 Plaintiffs won a %55.4 million jury verdict against Chrysler Corporation in the Superior Court of Los Angeles County on a products liability theory. Chrysler appealed and posted an $81 million appeal bond provided by Safeco Insurance Company. While the appeal was pending Chrysler filed for reorganization under Chapter 11 in the Southern District Bankruptcy Court in New York. In 2007 a Los Ange Fri, 25 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=COA09-93&s=NC&d=41814 Defendants Kimzie Cowart and Wachovia Corporation (Wachovia) appeal from Henderson County Superior Court judgments entered 31 July 2008 and 2 September 2008. For the reasons stated herein, we reverse in part the judgment of the trial court and dismiss in part the appeal.FactsFrank and Doris King were residents of Henderson County, North Carolina. At the age of 75, Doris was diagnosed with term Tue, 15 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=AC%2030457&s=CT&d=41466 A constructive trust arises when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,as numberless as the modes by Tue, 15 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=WD69615&s=MO&d=41327 Sherri Porter appeals from the trial courts judgment denying her Rule 74.06(b) motion, which sought relief from what Porter contended was a void judgment. The trial court held that Porter was precluded from reasserting the issues raised in her current motion, because she had raised the same issues in an earlier motion, lost, and appealed, but failed to prosecute her appeal from the earlier adve Tue, 15 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-4019&s=UT&d=41262 We granted en banc rehearing to reconsider our precedent concerning the scope and application of federally mandated insurance for interstate commercial motor carriers. See Carolina Cas. Ins. Co. v. Yeates, 533 F.3d 1202 (10th Cir. 2008) (applying Empire Fire & Marine Ins. Co. v. Guar. Natl Ins. Co., 868 F.2d 357 (10th Cir. 1989)). Federal regulations require interstate trucking companies to mai Sun, 13 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%2037&s=NV&d=41392 This case arises out of a brawl between two biker gangs, the Hells Angels and the Mongols. The gangs brawled at Harrahs casino in Laughlin, Nevada, during its annual River Run event in 2002. Several people were killed, and many were injured. As a result, several groups of plaintiffs, who were not directly involved in the brawl, sued Harrahs under various negligence theories. These sui Thu, 10 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3077&s=MO&d=41271 Richard Neiswonger (Neiswonger) appeals the district courts1 entry of a civil contempt order against Neiswonger for Neiswongers violations of a prior permanent injunction, enjoining him from using deceptive and misleading sales practices. Neiswonger claims the district court erred in denying Neiswongers motion for a separate hearing on the issues of damages and disgorgement of profits and Wed, 9 Sep 2009 00:00:00 CST