Auctioneer Law
Angela Bolger v., LLC

Plaintiff Angela Bolger bought a replacement laptop computer battery
on Amazon, the popular online shopping website operated by defendant, LLC. The Amazon listing for the battery identified the seller as
“E-Life,” a fictitious name used on Amazon by Lenoge Technology (HK) Ltd.
(Lenoge). Amazon charged Bolger for the purchase, retrieved the laptop
battery from its loc... More...
   $0 (08-16-2020 - CA)

Erie Insurance Company, a/s/o v., Inc. and Ebay, Inc.

The main issue before us is whether, Inc., is subject to liability for a defective product that a customer purchased on its website from a third-party seller with Amazon “fulfilling” the transaction by storing the product and shipping it to the customer.
Trung... More...
   $0 (05-24-2019 - MD)

Gold Forever Music, Inc. v. United States of America

The statute of limitations for a wrongful levy action cannot begin until there has been a levy that attaches to the property at issue. In this case, notices of levy in 2012 did not constitute levies on royalties generated after the notices were served. For the reasons set forth below, the st... More...
   $0 (04-10-2019 - MI)

Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf... More...
   $0 (11-08-2017 - IA)

Sunshire Heifers, L.L.C. v. Citizens First Bank

On August 14, 2014, a panel of this court
held that Citizens First Bank (“Citizens First” or “CFB”) failed to demonstrate that the “Dairy
Cow Leases” it had with farmer Lee Purdy (“Debtor”) were actually security agreements in
disguise. Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy), 763 F.3d 513, 521 (6th Cir.
2014). The case was subsequently remanded to the United Sta... More...
   $0 (08-31-2017 - KY)

State of North Dakota v. Miguel Ayala SUPREME COURT STATE OF NORTH DAKOTA

The facts relied upon by the district court were not disputed. A deputy sheriff stopped Ayala when he failed to dim his bright lights for oncoming traffic. The deputy testified that he questioned Ayala and detected the odor of alcohol emitting from the car. It became apparent to the deputy that Ayala struggled with English. A video recording of the stop showed the deputy attempting to communicate ... More...   $0 (05-26-2017 - ND)

Virginia C. Bryant v. State of Indiana

On January 22, 2015, Fannie Mast (“Mast”), who lived across the street from
the building that Bryant used for her antiques business and in which Bryant
lived, was working outside her house in Waterloo, DeKalb County, Indiana,
when she saw smoke coming out of the roof area of the building belonging to
Bryant. As the smoke was coming out of the building, Mast observed Bryant More...
   $0 (02-12-2017 - IN)

Marvin Clay v. The State of Wyoming

In the late evening of December 19, 2014, a Cheyenne police officer stopped Appellant’s car after it exited the parking lot of the Eagle’s Nest Bar in Cheyenne, Wyoming. From that point on, the facts are disputed in certain respects, and we will first recount the State’s version of the events. The officer testified that he made the stop because the car did not have any license plates displayed. ... More...   $0 (05-29-2016 - )

Kim Lewis Neas v. Patricia Erskine Heffernan Neas

Husband and Wife married in 1985. At the time the divorce complaint was filed, the parties had one child still of minority age, a 15 year-old son (“the Child”). Both parties are in their mid-50s. The parties jointly owned a business during the marriage, Neas Welding & Steel Fabrication, which Husband operated. Wife worked as a bookkeeper, but also attended nursing school and earned an associat... More...   $0 (12-17-2015 - TN)

Twenty Eleven, LLC v. Michael J. Botelho, et al.

The relevant facts pertaining to this appeal are fairly straightforward and largely
undisputed. On or about December 15, 2004, Michael J. Botelho (Botelho) purchased a
condominium unit, Unit 905, in the Lockwood at Warwick Condominium development located
at 3524 West Shore Road, Warwick, Rhode Island (the property). On the same day, Botelho also
executed a promissory note in ... More...
   $0 (12-06-2015 - RI)

Fisher v. Ward

It is not disputed that Fisher, the fee owner of a residential property located in
Bishopville, Worcester County, fell into default on her mortgage payments to the lender,
Federal National Mortgage Association (Fannie Mae). The lender designated substitute
trustees, named above, and, upon the filing of foreclosure proceedings, in September, 2013,
the court signed appropriate order... More...
   $0 (12-02-2015 - MD)

Centennial Casualty v. Western Surety Co.

Charleston Auto Auction (Charleston Auto) is a wholesale auctioneer of automobiles. Charleston Auto facilitates the sale of automobiles between dealerships by acting as an agent and legal representative, collecting and dispersing funds for purchases, and conveying title between the buyers and sellers. In 2008, an automobile dealer, A3 Auto Center (A3), sought to purchase three automobiles from o... More...   $0 (11-29-2015 - SC)

Celestica, LLC v. Communications Acquisitions Corporation

Following a bench trial in Superior Court (Delker, J.), the court denied the petition of the plaintiff, Celestica, LLC (Celestica), requesting a declaration that the defendant, Communications Acquisitions Corporation d/b/a Whaleback Managed Services (CAC), is obligated to pay the balance of a judgment that Celestica had obtained against another business, the assets of which CAC had purchased at pu... More...   $0 (10-16-2015 - NH)

Murphy v. Wachovia Bank of Delaware, N.A.

This case concerns the proper distribution of
surplus funds after a foreclosure sale initiated and conducted
by the holder of a second mortgage. After a jury-waived trial,
1 Of the bankruptcy estate of Nigel Thorpe.
2 John A. Dunnery, in his capacity as vice-president of Wachovia Bank.
a judge of the Superior Court ruled that defendant Wa... More...
   $0 (08-13-2015 - MA)

The Pifer Group, Inc. v,. Judith M. Liebelt, Sandra K. Janke, Dennis M. Janke

[¶1] The Pifer Group, Inc., appeals, and Judith Liebelt and Sandra and Dennis Janke cross-appeal, from a judgment awarding Pifer Group $8,215.81 for breach of two land auction sale agreements. We affirm, concluding the auction sale agreements are enforceable and the district court did not err in its interpretation of them.


[¶2] In 2013, Liebelt and the Jankes entered into sep... More...
   $0 (06-11-2015 - ND)

Tattersalls, Ltd. v. Jeffrey DeHaven

Defendant-appellant Jeffrey DeHaven appeals the district
court’s grant of a Rule 60(a) motion in favor of plaintiffappellee
Tattersalls, Ltd., an auctioneer. DeHaven bought
and took possession of a horse from Tattersalls but did not
pay for it. When Tattersalls sued, the district court granted
title and right of possession of the horse to Tattersalls. The
court did not aw... More...
   $0 (03-21-2014 - CA)

David Cassirer v. Thyssen-Bornemisza Collection Foundation

The Cassirers appeal the district court’s grant of the Thyssen-Bornemisza Collection Foundation’s motion to dismiss their complaint without leave to amend. The Cassirers’ lawsuit seeks to recover a masterpiece French impressionist painting that was allegedly taken from their ancestors by the Nazi regime. For the Cassirers’ claims to be timely, they must rely on amended California Code of C... More...   $0 (12-10-2013 - CA)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two


statutes of repose.1 In two issues, Jenkins argues that the tria... More...
   $0 (07-02-2013 - TX)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial court erred in... More...   $0 (02-14-2013 - TX)

Betty Horne v. Miami-Dade County, Florida

Mrs. Betty Horne appeals an adverse final summary judgment in two consolidated circuit court cases. In the first, she and her late husband sued appellees Miami-Dade County and Metropolitan Homes LLC to vacate a tax certificate sale of the Hornes’ Miami Lakes home of 37 years. In the second, appellee Metropolitan (purchaser of the home at the tax deed sale for a fraction of its then-assessed valu... More...   $0 (05-09-2012 - FL)

Lamona E. Angel v. Richard Charles Angel

Mr. Richard C. Angel appeals from the trial court‟s judgment dissolving his marriage to Ms. Lamona E. Angel and awarding Ms. Angel maintenance. He argues that Ms. Angel failed to meet the threshold factors for an award of maintenance under section 452.335.1 We affirm.

Factual and Procedural Background

The Angels married in 1985. During the marriage, the parties operated a numb... More...
   $0 (11-22-2011 - MO)

William Ray Costello v. City of Burlington

Plaintiff William Ray Costello, pro se, alleged that
23 his First Amendment right to free speech was violated when
24 Defendant Sgt. John Lewis of the Burlington Police
25 Department issued Costello a written warning pursuant to a
26 city noise control ordinance that prohibits “any person to
27 make or cause to be made any loud or unreasonable noise.”
1 Burlington... More...
   $0 (02-14-2011 - VT)

Gulf Coast Waste Disposal Authority v. Four Seasons Equipment, Inc.

In this interlocutory appeal, Gulf Coast Waste Disposal Authority (“Gulf Coast”), a political subdivision of the State, appeals the trial court’s denial of its plea to the jurisdiction, asserting that it has immunity from suit. The underlying dispute arises from a commercial transaction in which Gulf Coast acquired a crane from Four Seasons Equipment, Inc. (“Four Seasons”) through an In... More...   $0 (06-24-2010 - TX)

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)

Richard Hopp v. City of Los Angeles

A municipal ordinance requires a police permit for persons in “the business of buying, selling, exchanging or otherwise dealing in secondhand books.” A hobbyist who collects secondhand books for his personal use—and not for resale—has brought a lawsuit for declaratory relief, challenging the municipality’s claim that he must obtain a police permit for his collecting activities. The trial... More...   $0 (04-07-2010 - CA)

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