http://www.morelaw.com Fraud 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=06-16899&s=CA&d=38150 Glazer Capital Management, LP and Glazer Offshore Fund Ltd. (Glazer) appeal from the district courts August 31, 2006 judgment of dismissal. Glazers claims arose after InVision Technologies, Inc. (InVision) announced, in March 2004, that it had entered into a merger agreement with General Electric (GE). Several months later, in July 2004, InVision issued a press release, casting doubt on the Mon, 1 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=CJ-195-6012&s=OK&d=38110 H.B. Krug, Kathryn Krug and Bobbie Ruth Eubanks sued Helmerich & Payne on breach of contract. fraud, and other theories claiming that they were wrongfully not compensated by defendants for natural gas produced from properties they owned that were leased to defendants for oil and gas exploration and production purposes. The claimed that H&P shut in gas wells during a contract dispute with ANR Pipe Mon, 1 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1945&s=NH&d=38113 The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb Fri, 28 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-07-01451-CV&s=TX&d=38098 Following a bench trial, Linda S. Aland appeals the trial court's judgment in favor of appellee Justin A. Martin in a suit where Martin claimed Aland violated section 12.002 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. 12.002 (Vernon Supp. 2008). That statute provides for recovery of damages against persons who knowingly file fraudulent liens with intent Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-07-01447-CV&s=TX&d=38097 As part of an investment scheme, appellants transferred $1,000,000 to Stuart Kalb, a Texas attorney. Kalb disbursed a portion of the funds to appellees. Appellants sued, seeking to recover the funds from appellees through the imposition of a constructive trust. In one issue, appellants contend the trial court erred in denying their claim for relief because they were entitled, as a matter of law, t Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=13-07-149-CV&s=TX&d=38106 Appellant, English Marine Agency, Inc. ("English Marine"), appeals a judgment rendered on a jury verdict in favor of appellees, Border Shipyards, Inc. ("Border") and its shareholders, Jorge Gonzalez, Carl Gayman, and Ruben Barrera. By several issues, English Marine argues that (1) the evidence is legally and factually insufficient to support the jury's verdict, (2) the appellees were precluded by Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-07-0305-CV&s=TX&d=38100 Presenting six points of error, appellant Wind Mountain Ranch, LLC contends the trial court erred in a rendering declaratory judgment wherein a deed of trust in its chain of title was void and a judgment lien in favor of the City of Temple is superior to the claim of Wind Mountain. We affirm. On January 4, 1978, Robert K. Utley, III, Trustee, signed a note in the amount of $1,200,000 pay Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-11251&s=TX&d=38085 This appeal involves a decade-long discovery dispute between BNSF Railway Company and the Brotherhood of Maintenance of Way Employees regarding disclosure obligations under the parties collective bargaining agreement. An article in the collective bargaining agreement provided benefits to furloughed employees if their furloughs were a direct result of increased subcontracting. The Brotherhood of Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-30441&s= L&d=38086 Plaintiff-appellant, LaBarge Pipe & Steel Co. (LaBarge), appeals the district courts grant of summary judgment for defendants-appellees, First Bank and Allen David. LaBarge sued defendants asserting claims relating to the Irrevocable Standby Letter of Credit No. 180 that First Bank issued to LaBarge, including claims for wrongful dishonor, breach of a letter of credit, detrimental reliance, bre Mon, 24 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-16857&s=CA&d=38055 In this bankruptcy case, we determine whether a creditor that is required to return to the trustee a payment from the debtor made within the ninety-day preference period still maintains a claim against the debtor for a nondischargeable claim. Busseto Foods, Inc. (Busseto) contends that the payment it was required to pay to the trustee was a repayment of funds embezzled by the debtor, Charles Sun, 23 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=97,725&s=KS&d=38082 This appeal requires us to decide the propriety of the district court's dismissal of plaintiff Mary Rector's lawsuit against her defendant siblings to enforce the terms of a mediated settlement agreement.The handwritten agreement at issueevidently arrived at in hope of resolving several ongoing disputes among Rector and her brother, Clifford Tatham, and her sisters, Patricia Disque and Ruth Str Fri, 21 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=98,810&s=KS&d=38080 This lawsuit pitted attorney Daniel K. Diederich, plaintiff, against the stockholders in his former law firm, Kennedy Berkley Yarnevich & Williamson, Chartered, of Salina. The stockholders are Defendants George W. Yarnevich, Larry G. Michel, Tom A. Williamson, and James R. Angell. Using several theories breach of contract, breach of fiduciary duty, tortious interference with a contract, and ci Fri, 21 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=20070107&s=UT&d=38075 1 This case comes to us on appeal from summary judgment and an order invalidating a settlement agreement between the parties. We are presented with two questions in this case:(1) whether the district court correctly interpreted Utah Code sections 31A-28-201 to -222 (the Guaranty Act), and (2) whether the district court properly invalidated the parties settlement agreement (the Settlement Agre Fri, 21 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1%20CA-CV%2007-0698&s=AZ&d=38065 1 Elizabeth Quintero (Quintero), widow to and personal representative of the estate of Luis Anaya Soto (Soto), appeals summary judgment in favor of Matthew and Jane Doe Rodgers. For the following reasons, we affirm in part and reverse in part.FACTS AND PROCEDURAL HISTORY2 This appeal arose from an automobile accident that occurred when Matthew Rodgers (Rodgers) vehicle col Fri, 21 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=651%20C.D.%202008&s=PA&d=38147 This appeal asks whether a second class townships sale of real property to a municipal authority which then conveyed the property to a predetermined third party violated a requirement of The Second Class Township Code (Township Code)1 that real property valued in excess of $1,500 be publicly advertised and sold by the township to the highest bidder. More particularly, Redstone Township (Townshi Thu, 20 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=163&s=NY&d=38134 We hold that a liability insurer is entitled to disclaim coverage when the insured, because of its own error in failing to update the address it had listed with the Secretary of State, did not comply with a policy condition requiring timely notice of a lawsuit.Briggs Avenue L.L.C. is the owner of a building in the Bronx. The company was incorporated in 1999. Shaban Mehaj is its manager and only me Thu, 20 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-08-00492-CV&s=TX&d=38092 In this interlocutory appeal, appellant, Mark Donaho, appeals from the trial courts order granting a temporary injunction in favor of appellee, King Wade Bennett. Bennett, acting individually and derivatively on behalf of MagiCon, LLC, filed suit against Donaho, asserting causes of action for breach of fiduciary duty, fraud, tortious interference with current and prospective business relations, Thu, 20 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A134851&s=OR&d=38070 Plaintiff Rafferty & Towner, an Oregon corporation, brought this claim against defendant Bengio Corporation, a Florida corporation, under the Uniform Fraudulent Transfer Act, ORS 95.200 to 95.310, asserting that plaintiff's judgment debtor, Wallbangers Oregon, Inc., fraudulently transferred real property to defendant. Plaintiff appeals from a limited judgment dismissing the claim, assigning error Wed, 19 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A135003&s=OR&d=38068 Plaintiff appeals a judgment dismissing her amended complaint for failure to commence her action against defendant within the statute of limitations. ORCP 21 A(9). Our review of an order granting an ORCP 21 A(9) motion to dismiss is limited to the face of the pleadings. In conducting that review, we assume the truth of all allegations in the complaint and give the plaintiff, as the nonmoving pa Wed, 19 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-35683&s=OR&d=38053 Thomas McDonald, Marian McDonald and Alex McDonald appeal from the district courts grant of summary judgment in favor of Sun Oil Company, Sunoco, Inc. and Cordero Mining Company (collectively, Sun). The McDonalds sued Sun for, among other things, negligence, contribution, breach of contract and fraud. Each of these claims arose out of an alleged oral warranty that certain crushed rock at Wed, 19 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SC%2018264&s=CT&d=38136 The plaintiff, Cort Wrotnowski, brought a complaint pursuant to General Statutes 9- 3231 against the defendant, Susan Bysiewicz, the secretary of the state, alleging that the defendant unlawfully had failed to verify that Barack Obama, the democratic nominee for the office of president of the United States for the November 4, 2008 presidential election, was a natural born citizen of the United Tue, 18 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=04-CH-7119&s=IL&d=38008 Plaintiffs Walter Solon and Cynthia Zaletel, on behalf of themselves and a class of others similarly situated, brought this action against defendant Midwest Medical Records Association (MMRA) seeking, inter alia, damages incurred as a result of defendants allegedly deceptive and illegal practice of overcharging patients for requested copies of medical records. Defendant moved to strike that por Tue, 18 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-3877-cv&s=NY&d=38128 This case is one of many stemming from the so-called contingent commission4 arrangements between insurers and brokers that were prevalent prior to October 2004.5 Contingent commissions is a euphemism for kickbacks insurance brokers would receive6 payments from insurers for steering business their way.7 Appellants purport to represent all persons who acquired common stock of The Mon, 17 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B182816&s=CA&d=38058 Edwin B. Stegman for Defendant and Appellant Debra W. Markowitz. Adleson, Hess & Kelly, Phillip M. Adleson, Berger Kahn, and G. Arthur Meneses for Defendant and Appellant Best Alliance Foreclosure and Lien Services. Kirby & McGuinn, Martin T. McGuinn, and Dean T. Kirby, Jr., for Amicus Curiae United Trustees Association on behalf of Defendant and Appellant Best Alliance Foreclosure and Lien Ser Mon, 17 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2067&s=NM&d=38036 Defendant-Appellant, the Albuquerque City Clerk (City), appeals from the district courts judgment in favor of Plaintiffs-Appellees granting them declaratory and injunctive relief. In 2005, the City passed an amendment to its charter requiring voters in municipal elections to present photo identification at polling locations. On summary judgment, the district court held that the amendment Mon, 17 Nov 2008 00:00:00 CST