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Jennifer Rene McMurchie v. Donald Edward McMurchie, III

2 Mother appeals the trial court's supplemental judgment modifying child
3 support; she asserts that the amount of child support the trial court ordered father to pay is
4 too low. Father cross-appeals; he asserts that the amount is too high. Both parties
contend that the trial court erred in calculating father's presumed income.1 5 In addition,
6 mother contends that, even if the ... More...
   $0 (05-22-2013 - OR)

Brecek & Young Advisors, Inc. v. Lloyd's of London Syndicate 2003

Defendant-Appellant Lloyds of London Syndicate 2003 (“Lloyds”) appeals the district court’s denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. (“BYA”) in an action arising out of a professional liability insurance contract. The district court concluded Lloyds failed to pay sufficient indemnity to BYA... More...   $0 (05-13-2013 - CO)

Robert Leimkuehler v. American United Life Insurance Co.

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)

Matt Luiken v. Domino's Pizza, LLC

The district court certified a Rule 23(b)(3) class of about 1,600 Minnesota delivery drivers employed by Domino’s Pizza LLC between March 6, 2006, and February 28, 2010. The drivers allege that, under Minnesota law, a fixed delivery charge that customers paid Domino’s was a gratuity wrongfully withheld from them.

This court granted an interlocutory appeal and now reverses the class cert... More...
   $0 (02-05-2013 - MN)

Miami Children's Hospital Foundation, Inc. v. Estate of Elaine B. Hillman

Miami Children’s Hospital Foundation, Inc. (MCHF), appeals a trial court’s order finding Miami Care Foundation, Inc. (Miami Care), to be the intended beneficiary of a pourover trust from the Estate of Elaine B. Hillman. At issue in this case is whether the trial court erred in concluding that there was an ambiguity in the trust document in order to conclude that Miami Care should be the benefi... More...   $0 (10-10-2012 - FL)

Robert S. Lemer v. Carol Coggins

Appellant Robert S. Lemer, who was substituted as plaintiff for Constance L. Nelson (Connie), now deceased, challenges the trial court's summary judgment entered against Connie and in favor of appellees Carol Coggins and Harley Jerome Coggins. By four issues which we reorganize as one, Lemer contends that the trial court erred in granting the Cogginses' motion for summary judgment because Connie's... More...   $0 (10-04-2012 - TX)

John F. Lopes v. Department of Social Services

This appeal raises the issue of whether a non-assignable annuity contract that provides
17 the spouse of an institutionalized person with monthly payments counts as an excess resource
18 that must be spent down before the institutionalized person can receive Medicaid benefits under
19 the Medicare Catastrophic Coverage Act of 1988 (“MCCA”). Before the United States District
20 ... More...
   $0 (10-02-2012 - CT)

Paul W. Hawran v. Harry Hixson, Jr.

Plaintiff and appellant Paul Hawran filed a lawsuit against defendants and appellants Sequenom, Inc. (Sequenom), and Sequenom directors Harry Hixson, Jr., Richard Lerner, and Ronald Lindsay, stemming from representations made in a widely disseminated press release concerning Sequenom's internal investigation into its handling of certain research and development test data and results, which issued ... More...   $0 (09-16-2012 - CA)

Jordan Katz v. Fidelity National Title Insurance Company

BOGGS, Circuit Judge. These consolidated cases are eight of at least forty-five lawsuits nationwide, alleging that title-insurance companies and rating bureaus violated state and federal antitrust laws by conspiring to charge inflated rates. See In re Title Ins. Real Estate Settlement Procedures Act & Antitrust Litig., 560 F. Supp. 2d 1374, 1376 (J.P.M.L. 2008) (denying consolidation of twenty-fiv... More...   $0 (07-18-2012 - OH)

Leroy Morris v. Oklahoma Department of Human Services

The Medicare Catastrophic Coverage Act of 1988 (“MCCA”) allows the spouse of an applicant for long-term care benefits to keep a certain amount of resources without affecting the applicant’s eligibility. See 42 U.S.C. § 1396r-5(c)(2) & (f)(2). This Community Spouse Resource Allowance (“CSRA”) permits an “institutionalized spouse” to obtain Medicaid assistance for nursing home or simi... More...   $0 (07-10-2012 - OK)

Vickie J. Goodemote v. John R. Goodemote

In this divorce action, John R. Goodemote (“Goodemote”) appeals from the Order and Decree ruling that the increase in value of Goodemote’s investment account (“the Investment Account”), funded via Goodemote’s pre-marital deposits of his federal veterans’ disability benefits payments, is marital property subject to equitable distribution. We affirm. The facts underlying this appeal ar... More...   $0 (05-19-2012 - PA)

Fardad Aduli v. Valerie Aduli

In this divorce appeal, Fardad Aduli argues that the trial court erred in denying his special appearance and abused its discretion in permitting his counsel to withdraw on the day of trial; denying his motions for a continuance and a new trial on the basis that he had been forced to leave the country; and adopting his wife’s proposed division of the marital estate without sufficient evidence. We... More...   $0 (05-17-2012 - TX)

Estate of Steven Click v. Estate of Joanne Click

Appellants, the Estate of Steven Click and Bret W. Click, appeal the grant of summary judgment and declaratory judgment in favor of appellees, Elizabeth Smith, Rebecca Maberry, and Teresa Talley,1 as to the construction of the Last Will and Testament of Joanne Click.2 Appellants noted an appeal raising two issues,3 which we have slightly rephrased and reordered as follows:

I. Whether the ci... More...
   $0 (03-30-2012 - MD)

John D. Thomas v. Steven M. Westlake

An investment advisor and related defendants appeal the order denying their petition to compel an investor's successor in interest to arbitrate claims alleging the defendants mismanaged the investor's accounts. The trial court denied the petition on the grounds that the claims against two of the six defendants were not subject to arbitration because those defendants were not parties to any arbitra... More...   $0 (03-23-2012 - CA)

Lori Wigod v. Wells Fargo Bank, N.A.

We are asked in this appeal to determine whether Lori Wigod has stated claims under Illinois law against her home mortgage servicer for refusing to modify her loan pursuant to the federal Home Affordable Mortgage Program (HAMP). The U.S. Department of the Treasury implemented HAMP to help homeowners avoid foreclosure amidst the sharp decline in the nation’s housing market in 2008. In 2009, Wells... More...   $0 (03-07-2012 - IL)

Deborah K. Seafort v. Beverly M. Burden

Chapter 13 of the Bankruptcy Code permits “individual[s] with regular income” whose debt falls within statutory limits, see 11 U.S.C. §§ 101(30), 109(e), to keep their property if they agree to a court-approved plan to pay creditors out of their future “disposable income.” See 11 U.S.C. §§ 1306(b), 1321, 1322(a)(1), 1328(a). However, if a trustee of the plan or an unsecured creditor ob... More...   $0 (02-15-2012 - KY)

Deborah K. Seafort; Frederick C. Schuler; Carrie Schuler, v. Beverly M. Burden

Chapter 13 of the Bankruptcy Code permits “individual[s] with regular income” whose debt falls within statutory limits, see 11 U.S.C. §§ 101(30), 109(e), to keep their property if they agree to a court-approved plan to pay creditors out of their future “disposable income.” See 11 U.S.C. §§ 1306(b), 1321, 1322(a)(1), 1328(a). However, if a trustee of the plan or an unsecured creditor o... More...   $0 (02-15-2012 - OH)

Donald Spangler, et al. v. Peggy McQuitty and Gary McQuitty, as Personal Representatives of the Estate of Dylan McQuitty

In this case, we have been asked to sit in judgment once again in the case of McQuitty v. Spangler, about which we previously opined, 410 Md. 1, 976 A.2d 1020 (2009) (hereinafter McQuitty I). In a series of post-trial motions following McQuitty I, Appellant, Dr. Donald Spangler, moved to reduce the verdict in favor of the Appellees, Dylan McQuitty and his parents Peggy and Gary McQuitty. After the... More...   $0 (01-27-2012 - MD)

Joseph A. Sorge v. Maryanne K. Sorge

Joseph A. Sorge appeals after the trial court modified the child support awarded to his ex-wife, Maryanne K. Sorge, and awarded Maryanne1 sanctions and attorney fees, both related to the costs of the underlying litigation, as well as pendente lite attorney fees for defending against Joseph's appeal.

On appeal, Joseph first contends that the trial court erred in calculating the child support... More...
   $0 (01-05-2012 - CA)

Donald Welton Loomis v. Claudia Clara Loomis

2 Husband appeals a dissolution judgment, challenging the trial court's
3 division of marital property. Husband argues that the trial court erred when it failed to
4 award him 50 percent of the marital property and, further, that the division of the marital
5 property was not just and proper. The disputed marital property includes real property
and annuities. On de novo review, ORS... More...
   $0 (12-14-2011 - OR)

James Cunningham v. Aviva Life and Annunity Company

James Cunningham appeals from the district court order granting summary judgment in favor of Aviva Life and Annuity Company (Aviva). Cunningham argues the district court erred in granting summary judgment on Aviva’s breach of contract and indemnification claims, as well as awarding attorney fees. We hold that the entry of summary judgment on Aviva’s breach of contract claim was proper. However... More...   $0 (12-07-2011 - IA)

Krysten A. Overly v. KeyBank National Association

Krysten Overly sued her employer Key Investment Services LLC, its parent company and several of its affiliates (collectively “KeyBank”) in Indiana state court for allegedly discriminating based on her gender and retaliating against her because of her complaints of gender discrimination in violation of Title VII of the Civil Rights Act of 1964. KeyBank removed the case to federal court and late... More...   $0 (11-10-2011 - IN)

In the Matter of the Marriage of Gary Lervold Leif and Lyrae Tucanna Leif

2 The trial court entered a judgment that increased father's monthly child
3 support obligation. The court based the increase on what it determined was an increase in
4 father's gross income. Father appeals, assigning error to two aspects of the court's
5 calculation of his gross income. First, father assigns error to the court's inclusion of a
6 $75,000 inheritance in his gross in... More...
   $0 (11-09-2011 - OR)

Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd.

8 Plaintiffs Wachovia Bank, N.A. ("Wachovia Bank" or the "Bank" or "WB"), and
9 Wachovia Capital Markets, LLC (or "WCM"), which formerly were owned by Wachovia Corporation
10 ("Wachovia") and now are wholly-owned subsidiaries of Wells Fargo & Company, appeal from a
11 judgment of the United States District Court for the Southern District of New York, Laura Taylor
12 Swain, Judge, d... More...
   $0 (10-30-2011 - NY)

Jorge Monroy v. Perla X. Monroy

Jorge Monroy appeals the district court's judgment in this divorce and suit affecting the parent-child relationship. He contends that the court's division of the marital estate was not just and right and that the court erred by ordering him to pay child support, both prospective and retroactive, while he was incarcerated and not receiving income. We will affirm the judgment.

BACKGROUND<... More...
   $0 (08-31-2011 - TX)

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