This is a judicial estoppel case, which is controlled by two principles: our
reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party
asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in
support of its arguments.
The case involves statements made by plaintiff Vehicle Market Research, Inc.
(VMR) in a breach... More...   $0 (09-17-2014 - KS)

In this case involving the disbursement of attorneys’ fees from the settlement of a lawsuit, appellant Steven Frankoff contends the trial court erred in (1) granting summary judgment in favor of appellee Susan Norman, (2) denying Frankoff’s cross-motions for traditional and no-evidence summary judgment, (3) denying various motions and overruling numerous objections. We affirm.
Procedural H... More...   $0 (09-09-2014 - TX)

Defendant Kenneth Mark Doolittle was sentenced to 13 years in prison after the trial court, sitting without a jury, found him guilty on three counts of theft by false pretenses (Pen. Code, § 532, subd. (a)), six counts of theft from an elder or dependent adult (Pen. Code, § 368, subd. (d)), nine counts of false statements or omissions in the sale of securities (Corp. Code, §§ 25401, 25540, sub... More...   $0 (09-08-2014 - CA)

Timothy Durham, James Cochran, and
Rick Snow were convicted of perpetrating a widespread
financial fraud that caused more than $200 million in losses to
thousands of victims, many of them elderly or living on
modest incomes. After taking control of Fair Finance Company,
a previously well-established and respected business, the
trio quickly turned it into their personal pigg... More...   $0 (09-04-2014 - IN)

Appellant Paul Moushigian
was a creditor of the Appellees, who were Chapter 7 debtors, until
the bankruptcy court granted them a discharge. Moushigian now
challenges two orders issued by the bankruptcy court after it
granted the discharge. Our review is plenary, “without formal
deference to the district court’s intermediate affirmance.”
Redondo Constr. Corp. v. P.R. H... More...   $0 (09-03-2014 - MA)

In this insurance bad faith case, plaintiffs Betty and Jerry Douglas and defendant Fidelity National Insurance Company (Fidelity) appeal from the judgment after jury trial. Judgment was entered in favor of plaintiffs and against Fidelity in the amount of $807,058.10, plus interest and costs of suit. Plaintiffs appeal the trial court’s decision to strike the jury’s $1.9 million punitive damages... More...   $0 (08-29-2014 - CA)

This case arises from the breach of a residential construction agreement. Homeowners Louis and Patricia Caravella appeal from the district court’s judgment, following a court trial, dismissing their fraud counterclaim against respondents, Frontier Development Group, LLC (FDG) and Michael Horn, FDG’s owner/manager. The Caravellas also appeal from the district court’s decision that Horn was no... More...   $0 (08-28-2014 - ID)

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - CA)

This is a permissive appeal out of Ada County from an order denying the appellants’ motions for summary judgment. The central issue is whether an attorney who, as counsel for a corporation, issues an opinion letter stating that a stock redemption agreement does not violate the law can be held liable to the shareholder whose stock was redeemed if the opinion was incorrect and the redemption agree... More...   $0 (08-27-2014 - ID)

J.P., a minor child, appeals an order denying her request for a hearing to suspend visitation with her father and/or terminate his reunification services under Welfare and Institutions Code section 388, subdivisions (a) and (c).1 Specifically, she contends the juvenile court erred when it ruled that (1) the statutory framework of the dependency system as well as principles of due process required ... More...   $0 (08-26-2014 - CA)

Thomas O. Bennett, Jr. and the James B. Bonham Corporation appeal a final takenothing
summary judgment on claims they had asserted against Randy Reynolds, Larry Grant,
and Richard T. (Dick) Miller. The judgment also imposed sanctions jointly and severally against
Bennett, Bonham, and their attorney in this proceeding, Wayne H. Paris, and all three of them
(collectively, and as appl... More...   $0 (08-23-2014 - )

BOISE, ID – Chief United States District Court Judge B. Lynn Winmill today sentenced the last two DBSI defendants convicted at trial to federal prison terms, announced Wendy J. Olson, U.S. Attorney for Idaho. David D. Swenson, 38, of Boise, Idaho, and Jeremy A. Swenson, 41, of Meridian, Idaho, were each sentenced to 36 months in prison, followed by three years of supervised release, and a $4,400... More...   $0 (08-21-2014 - ID)

Appellants, Wells Fargo Bank, N.A., As Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates (“Wells Fargo”), Tom Croft (“Croft”), New Century Mortgage Corporation (“New Century”), and Carrington Mortgage Services, LLC (“Carrington”), appeal an
2
Order Granting Class Certification on behalf of appellees, Mary Ellen Wolf and David... More...   $0 (08-21-2014 - TX)

The parties to this appeal entered into a residential loan agreement for the principal amount of “ONE MILLION SEVEN THOUSAND AND NO/100 ($1,700,000.00) DOLLARS.” The agreement thus identified the amount of the loan in two different ways, with one number written out in words and a larger
2
number set out in numerals. After the borrowers defaulted, litigation ensued, and the property was... More...   $0 (08-19-2014 - TX)

Robert Johnson (“Johnson”) appeals the district court’s grant of summary judgment in favor of Agrisource, Inc. (“Agrisource”) on Agrisource’s breach of contract claim. The
2
Bonneville County district court held that there was no genuine disputed issue of material fact as to Johnson’s lack of disclosure of his agency and alleged principal. Johnson argues on appeal that Agriso... More...   $0 (08-18-2014 - ID)

Jason Stubbs appeals from a judgment that awarded his ex-spouse, Julianne Stubbs, a judgment for damages pursuant to an indemnity clause in their divorce decree. Stubbs complains that the evidence was legally insufficient to support the judgment because the claim for indemnification did not accrue. Because we find no reversible error, we affirm the judgment of the trial court.
Stubbs v. Stubbs... More...   $0 (08-14-2014 - TX)

Vacated, in part, and remanded for proceedings consistent with this opinion.
1
1 SERCOMBE, J.
2 This appeal arises from an action in which plaintiffs--common shareholders
3 of Vulcan Power Company (Vulcan), a Colorado corporation in the business of
4 developing geothermal power projects with its principal place of business located in
Oregon15 --brought claims against Vulcan... More...   $0 (08-13-2014 - OR)

This case turns on the trial court's mis-assignment of the burden of proof.
The presumption created by section 16004 of the Probate Code that a trustee who
commingles trust funds with her own funds violates her fiduciary duty to the trust applies
only to the relationship between a trustee and trust beneficiaries. Here, the trial court
applied the presumption for the benefit of a cr... More...   $0 (08-12-2014 - CA)

Nick Reynolds, et al. v. North Star Memorial Group, et al.

Issue # 1.
Issue: CIVIL CONSPIRACY (OTHER)
Filed by: REYNOLDS, NICK
Filed Date: 07/26/2010
Party Name: Disposition Information:

Defendant: ALLBRITTON COMMUNICATIONS COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: GRIFFIN COMMUNICATIONS LLC More...   $0 (08-11-2014 - OK)

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm’s website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney-conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional... More...   $0 (08-11-2014 - NJ)

Irving H. Picard (the ʺTrusteeʺ), trustee for the
liquidation of Bernard L. Madoff Investment Securities
LLC (ʺBLMISʺ) and of the bankruptcy estate of Bernard
L. Madoff, initiated adversary proceedings seeking to
block the settlement of three lawsuits, none of which
involved BLMIS or the Madoff estate as a party. The
suits in question were brought by and on behalf ofMore...   $0 (08-11-2014 - NY)

In this products liability action, the trial court granted a motion to quash service of summons for lack of personal jurisdiction filed by specially-appearing defendant Daimler AG, a German public stock company (Daimler). Appellants contend that the trial court’s jurisdictional decision is erroneous, as a finding of general personal jurisdiction over Daimler is appropriate based on the substanti... More...   $0 (08-05-2014 - CA)

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp... More...   $0 (08-04-2014 - ID)

KANSAS CITY, KS – A Johnson County man pleaded guilty in federal court Monday to taking part in a fraud scheme that cost the Bank of Blue Valley more than $877,000, U.S. Attorney Barry Grissom said.

Timothy P. Fitzgerald, 56, Leawood, Kan., pleaded guilty to one count of conspiracy to commit bank fraud. In his plea, he admitted the crime took place while he was chief financial officer o... More...   $0 (08-04-2014 - KS)