Charleston, WV - Final Freedom Industries defendants plead guilty

Former Freedom Presidents Gary Southern and Dennis Farrell

Admit to Federal Environmental Crimes in Elk River Chemical Spill

U.S. Attorney Booth Goodwin today announced that the final defendants charged in connection with the January 2014 Elk River chemical spill pleaded guilty in federal court. Gary South... More...   $0 (08-19-2015 - WV)

In 1994, defendant Felicia Alford, then a minor, by her guardians, settled a personal injury claim against certain insureds of defendant State Farm Fire. The settlement was approved by a court order that provided, “for the best interest of the minor . . . the proceeds of such settlement be paid and used in the manner hereinafter specifically provided.” Under the settlement, the payor, State Farm... More...   $0 (08-19-2015 - CA)

Attorney Gary Schepps appeals from a bankruptcy court order entered in the case styled Matter of Ondova Limited Company.1 The order at issue,
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 Case No. 09-34784-... More...   $0 (08-16-2015 - TX)

As a general rule, the courts of appeals have jurisdiction only over the final decisions of the district courts. There are certain exceptions and qualifications to that principle, however. In this case we must decide whether any of them allow us to review several district court orders which, pursuant to the mandate of an earlier decision of our court, awarded fees to a receiver before final judg... More...   $0 (08-15-2015 - TX)

Ms. Fraser hired Bishop Construction to remodel her commercial property in Jackson, Wyoming. Bishop Construction subcontracted with Jackson Hole Electric, Inc., also referred to as JHE 2, Inc., (hereinafter JHE) to perform electrical work on the project. Dusty Jones, vice-president of JHE, opened a general account with EWS, an electrical materials supplier, in July 2010. He also opened a job a... More...   $0 (08-14-2015 - WY)

This appeal arises from a qui tam action brought by Johnny Ray Long against GSD&M Idea City, LLC1 for violations of the False Claims Act (FCA).2
1 Appellee refers to itself as “GSD&M Idea City, LLC,” the same entity name on file with the Delaware Department of State, however the CM/ECF caption in this case refers to the entity as “GSDMIdea City, L.L.C.” For case administration purposes, we use... More...   $0 (08-14-2015 - )

fees against
the United States from the claimant to his attorney. However,
the Anti-Assignment Act goes no further. The Act does not
prevent an attorney from taking an interest in the fees that is
effective against the Government; it merely forbids an
assignment of the right to be paid directly from the United
States Treasury. We have jurisdiction under 28 U.S.C.
§ 1291... More...   $0 (08-14-2015 - )

Dallas, TX - Man Sentenced for Bankruptcy Fraud

Jeff Carlton Noebel, 60, of Dallas, was sentenced yesterday afternoon by U.S. District Judge Jorge A. Solis to four months in federal prison following his guilty plea in March 2015 to an indictment charging one count of bankruptcy fraud, announced U.S. Attorney John Parker of the Northern District of Texas.

According to documents fi... More...   $0 (08-13-2015 - TX)

Heritage Bank (Heritage) appeals from a Bankruptcy Court order confirming
Suzette Woodward's (Debtor) Fifth Amended Chapter 11 Plan. The confirmation
order is a final order of the Bankruptcy Court over which we have jurisdiction on
appeal. See 28 U.S.C. § 158(b). The Notice of Appeal and Statement of Election also
references an April 29, 2014 order denying the Debtor's Third Amende... More...   $0 (08-13-2015 - NE)

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.
2
a judge of the Superior Court ruled that defendant Wa... More...   $0 (08-13-2015 - MA)

In a proceeding before the Minnesota Tax Court, relator Guardian Energy, LLC,
challenged respondent Waseca County’s assessment of the value of its ethanol
production facility. In this appeal from the tax court’s order for judgment, Guardian
Energy argues that the tax court erred by (1) classifying 27 tanks1 used in the ethanol
production process as taxable real property and (2) ... More...   $0 (08-13-2015 - MN)

Kevin and Lisa Nutt successfully sued their former employers under the
Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for
two claims: delinquent contributions and breach of the fiduciary duty of care. The
district court found that the Nutts’ former employers could not provide adequate relief
and thus relied on a theory of successor liability to hold Os... More...   $0 (08-13-2015 - AR)

William L. Needler and William L. Needler and Associates, Ltd. (collectively
“Needler”) appeal from an order of the bankruptcy court1 imposing sanctions against
Needler and a subsequent order denying Needler’s motion to reconsider. We have
jurisdiction over this appeal from entry of the bankruptcy court’s final order pursuant
to 28 U.S.C. § 158(b). For the reasons set forth below, ... More...   $0 (08-12-2015 - MO)

Our court previously remanded this case to the district court after reversing one of Matthew Simpson’s convictions.1 Simpson was resentenced and now appeals that sentence on several grounds, asserting, among other claims, that 18 U.S.C. § 3581(b)(3) imposes a statutory maximum sentence of twelve years for a Class C felony and that the district court accordingly erred in imposing 240 months of impr... More...   $0 (08-12-2015 - TX)

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in other fede... More...   $0 (08-11-2015 - DE)

C.W. Mining Company, a coal-mining company, was forced into bankruptcy after
creditors filed a petition for involuntary bankruptcy on January 8, 2008. Several months
before the petition was filed, C.W. Mining had entered into its first contract with SMC
Electrical Products, Inc.—an agreement to purchase equipment with a view toward
greatly increasing coal production by convert... More...   $0 (08-10-2015 - CO)

C.W. Mining Company, a coal-mining company, was forced into bankruptcy after
creditors filed a petition for involuntary bankruptcy on January 8, 2008. Several months
before the petition was filed, C.W. Mining had entered into its first contract with SMC
Electrical Products, Inc.—an agreement to purchase equipment with a view toward
greatly increasing coal production by converting i... More...   $0 (08-10-2015 - UT)

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur... More...   $0 (08-10-2015 - CA)

Appellee Devon Robotics, LLC (“Devon”) acquired the rights to distribute two robotic medical devices, CytoCare and i.v. Station, from an Italian corporation, Health Robotics, S.r.l. (“Health Robotics”). Appellant Gaspar DeViedma (“DeViedma”), the general counsel for Health Robotics, negotiated the distribution contracts for both CytoCare and i.v. Station. Each contract contained an identical arb... More...   $0 (08-08-2015 - PA)

Shreveport, LA - Bossier City man sentenced to 10 months in prison for bankruptcy fraud

A Bossier City man was sentenced to 10 months in prison for concealing his business assets during bankruptcy proceedings.

John M. Santoro, 43, of Bossier City, La., was sentenced by U.S. District Judge Elizabeth E. Foote on one count of concealment of assets in a bankruptcy proceeding. He was ... More...   $0 (08-06-2015 - LA)

Milwaukee, WI - 300 or more John Does filed claims against The Roman Catholic Archdiocese of Milwaukee claiming that the Archdiocese negligently failed to protect them from sexual predator priests.

The Archdiocese filed for bankruptcy protection under Chapter 11 in response to the filing of multiple lawsuits against it by plaintiffs who claimed that the Archdiocese negligently failed to ... More...   $21000000 (08-04-2015 - WI)

New Haven, CT - New Haven Man Sentenced to More Than 3 Years in Federal Prison for Bankruptcy and Tax Fraud Schemes

Jason Sheehan, 41, of New Haven, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 37 months of imprisonment, followed by three years of supervised release, for engaging in an extensive bankruptcy and tax fraud scheme. In addition, Judge Thompson s... More...   $0 (08-03-2015 - CT)

Because this is an equitable case, the Court of Appeals, “acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record.” ORS 19.415(3)(b). No party has requested that we exercise our discretion to review de novo. Nevertheless, as explained below, 272 Or App at 635, the trial court’s interpretation of the parties’ settlement agreeme... More...   $0 (08-03-2015 - OR)

The main dispute between the parties is the narrow, but previously unanswered
legal question of whether, in the context of a receivership estate under Delaware law,
advancement claims are administrative expenses or unsecured creditor claims. If
Plaintiffs’ claims are entitled to some sort of priority, there is an even narrower sub-issue
of whether the Receiver’s salary and exp... More...   $0 (07-30-2015 - de)

Salt Lake City, UT - Tenth Circuit holds that bankruptcy court does not have jurisdiction without consent of parties

This case has but little to do with bankruptcy. Neither the debtor nor the
creditors, not even the bankruptcy trustee, are parties to it. True, the plaintiffs
claim they once enjoyed an attorney-client relationship with a former bankruptcy
trustee. True, they no... More...   $0 (07-28-2015 - UT)