A receiver for a corporation through which a Ponzi scheme was run brought suit against various third-parties alleged to have assisted the scheme, ultimately winning a multimillion- dollar jury verdict. The receiver’s theory of the case was that the defendants, in concert with the corporation’s chief officer, had harmed the corporation by saddling it with additional liability to the scheme’s ... More...   $0 (01-06-2010 - PA)

¶1 Raven Resources L.L.C., its owner and managing member David A. Stewart, and his wife Terry Stewart (collectively, Raven) appeal the district court's August 1, 2008, order dismissing certain of Raven's claims against Legacy Bank (Bank).1 The appeal was assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(a)(2), 12 O.S.2001 and Supp. 2003, ch. 15, app. 1.

BACK... More...   $0 (12-11-2009 - OK)

Appellant, Janell S. Marin appeals from a judgment in favor of appellee, IESI TX Corporation ("IESI"). The judgment was rendered in accordance with the jury's findings that Marin committed forgery, misapplication of fiduciary property, fraud, and conversion. In nine issues, Marin challenges the trial court's admission of evidence, the legal and factual sufficiency of the evidence, and the award o... More...   $0 (10-15-2009 - TX)

Shawn Cheever sued New Hampshire prison guards Kevin Valenti and Michael Edmark on civil rights violation and assault and battery theories under 42 U.S.C. 1983 claiming that defendants "maliciously and sadistically" used force against him after he became anxious and depressed inside the New Hampshire state prison where he was incarcerated and asked to see a mental health counselor. Cheever, age 2... More...   $80000 (09-26-2009 - NH)

Plaintiff-appellant R. Greg Cory filed suit against Allstate Insurance Company and Allstate Financial Services, LLC (collectively, “Allstate”) for, among other claims, breach of implied contract and defamation. The district court dismissed the implied contract claim under Fed. R. Civ. P. 12(b)(6) and entered summary judgment against him on the defamation claim. Mr. Cory appeals. We have jurisd... More...   $0 (09-09-2009 - NM)

In this defamation action, plaintiff David N. Missner appeals from an order in which the circuit court converted defendant Robert A. Clifford’s motion to dismiss under section 2- 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2006)) into a motion for summary judgment under section 2-1005 of the Code (735 ILCS 5/2-1005 (West 2006)), and subsequently granted summary ... More...   $0 (08-12-2009 - IL)

¶1 On June 30, 2006, the petitioners-appellees, The Trust Company of Oklahoma and Ronald Saffa, filed a pleading entitled "Application for Instructions, and Brief in Support, Regarding Conduct in Apparent Violation of the No-Contest Provisions of the Lorice T. Wallace Revocable Trust and the Lorice T. Wallace Irrevocable Trust." After a hearing the trial court found that the respondent-appellant,... More...   $0 (05-26-2009 - OK)

This legal malpractice matter comes before this Court after the circuit court granted summary judgment in favor of the law firm of Logan, Jolley, & Smith, LLP, James Jolley, Jr., and David Sumner (collectively Respondents) based on the expiration of the statute of limitations. On appeal, Gladys Kelly (Kelly) argues that she timely discovered her cause of action for legal malpractice less than thr... More...   $0 (05-18-2009 - SC)

Plaintiff Brian P. Burns appeals from a judgment in favor of defendant The Neiman Marcus Group, Inc. (Neiman Marcus) after its general demurrer to the second amended complaint was sustained without leave to amend. Plaintiff seeks to recover damages arising from an employee’s fraudulent use of checks drawn on his personal checking account to make payments on the employee’s Neiman Marcus store c... More...   $0 (04-28-2009 - CA)

¶1 Melissa Michelle Marsden, a/k/a Melissa Michelle Worley and John Jace Worley, defendants below, appeal from the judgment against them entered by the District Court of the Fourth Judicial District, Missoula County, the Hon. Douglas G. Harkin presiding. We affirm.

¶2 The Worleys present the following issues for review:

¶3 Issue One: Whether the District Court erred in finding... More...   $0 (04-21-2009 - mt)

This case immerses us in the world of off-shore finance, shadowy relations among companies, and allegedly fraudulent transfers, all for the sake of anti-tarnish jewelry boxes sold on the Home Shopping Network. For Your Ease Only, Inc. (“FYEO”) sells these jewelry boxes, and it pursued litigation against some of its competitors for patent misuse and tortious interference with business relations... More...   $0 (03-31-2009 - IL)

This is a case about death. To be entitled to the death benefit payable under a life insurance policy, a beneficiary must prove that the insured is actually, or, in the alternative, perhaps only legally, dead. There is a difference between the two. As is often the case in the law, words and concepts so familiar in everyday life assume esoteric identities when cloaked in legal rhetoric. It should c... More...   $0 (03-12-2009 - IN)

¶1 Appellant David Sherick (Sherick) appeals from the order of the Twenty-First Judicial District Court, Ravalli County, granting summary judgment in favor of Respondent Scott D. Erler (Erler). We affirm.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err in ruling that Leota Osburn and Donald Hill ratified the forged deed transferring property to Erler?More...   $0 (02-18-2009 - MT)

This case involves a dispute between appellant lienholder and a subsequent purchaser over possession of an automobile. The trial judge found that appellee was a good-faith purchaser for value and thus was entitled to possession of the automobile under Arkansas Code Annotated section 4-2-403 (Repl. 2001). Appellant argues on appeal that the trial court erred in finding that appellee was a good-fait... More...   $0 (01-29-2009 - AR)

After a bench trial, the circuit court found defendant Kinko’s, Inc. (Kinko’s) liable for damages resulting from its employee’s notarization of a forged signature on a mortgage assignment. Kinko’s1 seeks reversal, contending the court misconstrued section 7-102 of the Illinois Notary Public Act (5 ILCS 312/7-102 (West 1986)) (Act) regarding employer liability and further erred by imposing ... More...   $0 (12-26-2008 - IL)

Hurst Enterprises, LLC, d/b/a Mr. Payroll Check Cashing, (Hurst) appeals from the trial court's judgment applying the formula under K.S.A. 84-3-302(d) to limit Hurst's recovery as a holder in due course against Bryan Crawford and Cactus Roofing, LLC (Cactus). Hurst argues that the trial court erred in applying a setoff under K.S.A. 84-3-302(d). We agree. K.S.A. 84-3-302(d) does not authorize a tri... More...   $0 (12-19-2008 - KS)

Appellant Toni Solano appeals the trial court=s * order granting appellees= no evidence and traditional motions for summary judgment. Appellant challenges various aspects of the trial court=s determinations that she failed to present evidence establishing a genuine issue of material fact on the elements of her fraud and Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) claims and als... More...   $0 (12-05-2008 - TX)

Plaintiff-appellant, LaBarge Pipe & Steel Co. (LaBarge), appeals the district court’s 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... More...   $0 (11-24-2008 - L)

¶1 Plaintiff, Bank of Nichols Hills (BNH), appeals a trial court judgment for Defendant, Bank of Oklahoma (BOK), regarding payment of a forged check. The primary issue on appeal is whether BOK presented sufficient proof to support the trial court's finding that the 12A O.S.2001 § 3-406 preclusion defense applied. We find that it did, and affirm.

FACTS

¶2 The parties stipulated to... More...   $0 (10-16-2008 - OK)

Donald J. Dibble is a former federal excepted service
18 technician with the New York Air National Guard (“Guard”) who was
19 denied reenlistment. Alleging that this denial was retaliation
20 for Dibble’s exercise of his constitutional and statutory rights,
21 including his advocacy as a union representative, Dibble applied
22 for administrative relief from the Air Force ... More...   $0 (10-09-2008 - NY)

¶1 The Oklahoma Bar Association (OBA) charged respondent, Richard F. Berger, with one count of neglect of a client matter and misrepresentation of such to the client and to the Bar Association, in violation of Rules 1.1, 1.3, 1.4, 3.2, 8.1 and 8.4(c), of the Rules of Professional Conduct, (ORPC), 5 O.S.1991 Ch. 1, App. 3A and Rules 1.3 and 5.2 of the Rules Governing Disciplinary Proceedings, 5 O.... More...   $0 (10-07-2008 - OK)

{¶1} Appellants/Cross-Appellees, Walter and Louise Calame (collectively “the Calames”), appeal from the judgment of the Wayne County Court of Common Pleas, Probate Division. This Court affirms.

I

{¶2} This case revolves around a contest to several documents, consisting of the will, trusts, and a quit-claim deed that Blanche G. Calame executed before her death on January 30, 200... More...   $0 (09-30-2008 - OH)

Zeddrick White (“White”) appeals pro se the district court’s order granting Mayflower Transit, L.L.C.’s (“Mayflower”) motion to dismiss his second amended complaint. We affirm.

I

This case arises out of an agreement between White and Mayflower, in which Mayflower agreed to ship White’s per- 12730 WHITE v. MAYFLOWER TRANSIT sonal effects from New York to Los Angeles. Whi... More...   $0 (09-16-2008 - CA)

This action is before us for the third time on appeal.1 Plaintiffs and appellants John T. Mills, Peter A. and Cameron Howe Ministri; Thomas B. and Rosemary K. Mills TTEE; Jonathan A. Rauh; Eric W. Holt; Chris D. Wong; Donne Goodrich, as the executor of the estate of Juliette P. Goodrich;2 Evelyn W. Howe; and the Howe Family Corporation (collectively, Plaintiffs) challenge three rulings by the tria... More...   $0 (09-10-2008 - CA)

Kevin Gagnon, doing business as Mister Computer (Gagnon), appeals from a grant of summary judgment in favor of Asset Marketing Systems, Inc. (AMS). Gagnon contends that AMS infringed his copyright in six computer programs that he wrote for AMS by continuing to use and modify them without his consent, and that AMS misappropriated trade secrets contained in the programs’ source code. Gagnon also c... More...   $0 (09-10-2008 - CA)