This court considers for the first time whether a common-law tort for retaliatory discharge may be brought against an employer when an employee claims he or she was fired for filing a wage claim under the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. The district court dismissed the lawsuit because there was no previously recognized exception to the terminable-at-will doctrine for discharg... More...   $0 (05-26-2011 - KS)

Plaintiff/Appellant Morrell Masonry sells building supplies, such as stucco. Defendant/Appellee Scott Griffin & Associates (SGA) is a general contracting firm that builds houses on property it owns. Felix Ruiz d/b/a Ruiz Construction (“Ruizâ€�), a stucco, stone, and masonry work contractor, was hired by SGA to do stucco work on two houses SGA was building, one at 10 Oak Cove Lane and the oth... More...   $0 (05-19-2011 - TX)

Western Hay Company, Inc., the plaintiff below, appeals from a final judgment entered in favor of the defendants below, Lauren Financial Investments, Ltd., d/b/a Lauren Associates and Ronald Rubin, on its fraudulent transfer claim under section 726.105(1)(a) of the Florida Statutes. Finding that the trial court correctly applied the time limitations set forth in section 726.110(1) of the Florida S... More...   $0 (05-18-2011 - FL)

The United States has a judgment for more than $60 million against Peter Rogan,who defrauded the Medicare and Medicaid programs. See United States v. Rogan, 517 F.3d 449 (7th Cir. 2008). Rogan, who has fled the country, concealed his wealth in an attempt to frustrate his many creditors. See, e.g., Dexia Crédit Local v. Rogan, 629 F.3d 612 (7th Cir. 2010). By tracing Rogan’s assets, the United ... More...   $0 (05-12-2011 - )

Patrick McGinness, driving a pickup truck owned by his adult daughter, negligently struck and injured pedestrian Marie DeMeo in a marked crosswalk. DeMeo obtained a $350,000 state-court judgment against McGinness. His daughter’s insurer, American Family Insurance Company, paid its $100,000 policy limit under the truck owner’s policy. McGinness was insured under four policies issued for the fou... More...   $0 (05-04-2011 - MO)

{1} This appeal presents issues relating to the garnishment of funds held in a joint bank account. The district court awarded summary judgment in favor of the bank. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. STANDARD OF REVIEW

{2} Our standard of review is well settled. “Summary judgment is appropriate where there are... More...   $0 (04-22-2011 - NM)

Appellant Lewisville Independent School District (LISD) appeals an order denying its plea to the jurisdiction and motion to dismiss. Because we hold that tax code section 31.11 does not clearly and unambiguously express a legislative intent to waive governmental immunity from suit, we will reverse the trial court’s order and render judgment dismissing Appellee CH Townhomes, Inc.’s (CHT) suit ... More...   $0 (04-21-2011 - TX)

This is an appeal from the registration of a Canadian defamation judgment. We reverse. Because only questions of law are at issue, we review de novo. State ex rel. Nixon v. Griffin, 291 S.W.3d 817, 819 (Mo. App. W.D. 2009).

The appellant, Ms. Lord, is an American citizen, resident of St. Charles County, Missouri, who was born in the Philippines. The respondent, Leodegaria Sanchez, is Ms. Lo... More...   $0 (04-19-2011 - MO)

This is an action in equitable garnishment based on disputed insurance coverage for an automobile accident. Acceptance Indemnity Insurance Company (“Acceptanceâ€�) appeals the judgment of the trial court, which granted summary judgment in favor of Amy Sauvain, Ericka Sauvain, and Bonnie Hughes (collectively “Plaintiffsâ€�), and denied Acceptance‟s cross-motion for summary judgment, as it per... More...   $0 (04-12-2011 - MO)

In five issues, Appellants Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes (“MRCH�) and Mark Rotella (collectively with MRCH, “Rotella�) and Cole & Cole, P.C., and Robert R. Cole, Jr. (collectively “Cole�) appeal the trial court’s order awarding summary judgment to Appellees Joan Cutting and Mid-Continent Casualty Company (“MCCC�). We affirm.

II. Factual and... More...   $0 (04-08-2011 - )

[¶1] Robert F. Gillis appeals from a judgment entered in the District Court (Bangor, Gunther, J.) modifying a spousal support order regarding his former wife, Judith L. Gillis. Robert argues that the court abused its discretion in determining his ability to pay spousal support and in awarding attorney fees, and committed clear error in finding him in contempt for failing to make court-ordered pay... More...   $0 (04-07-2011 - ME)

In this appeal, we consider whether Nevada’s motor vehicle bond statute, NRS 482.345, includes defrauded finance companies as possible claimants under the bond. We conclude that under the plain meaning of the phrase “any personâ€� in NRS 482.345, a defrauded finance company is a proper claimant under the dealer bond and, thus, the district court properly granted respondent ADCO Credit, Inc.â€... More...   $0 (03-17-2011 - NV)

¶1 This dispute arose out of an automobile collision that occurred on April 27, 2007. The trial court awarded damages to the plaintiffs in a default judgment, and plaintiffs proceeded with a post-judgment garnishment against the insurer of the automobile driven by defendant. In the garnishment proceeding, the trial court entered summary judgment in favor of plaintiffs. The primary issue presented... More...   $0 (03-15-2011 - OK)

Debt collection law firm Johnson, Rodenburg & Lauinger (“JRLâ€� or “the law firmâ€�) appeals from the entry of summary judgment against it under the federal Fair Debt Collection Practices Act (“FDCPAâ€�), and from a subsequent jury verdict awarding damages under the FDCPA, the Montana Unfair Trade Practices and Consumer Protection Act (“MCPAâ€�), and state torts of malicious prosecution an... More...   $0 (03-04-2011 - MT)

Cortez Community Bank (the Bank) appeals the trial court's final summary judgment of garnishment entered against the Bank and in favor of Michael G. Cobb. Because genuine issues of material fact remain to be determined as to the amount owed by the garnishee Bank, we reverse and remand for further proceedings.

In September 2008, the trial court entered a default judgment against multiple d... More...   $0 (03-02-2011 - FL)

Wallace and Deborah Shields (the Shields) appeal from the denial of their motion for new trial following a jury verdict in favor of defendant Freightliner of Joplin, Inc. (Freightliner). The Shields argue that they are entitled to a new trial due to intentional nondisclosure by juror Russell Allgood (Allgood) during voir dire. We affirm.

I. Factual and Procedural Background

The Shiel... More...   $0 (02-28-2011 - MO)

{¶ 1} Appellant JPMorgan Chase Bank, NA (“Chase Bank�) appeals the trial court’s decision awarding disability insurance benefits to appellee Mohammad H. Saedi and his estate (collectively referred to as “Saedi�). For the reasons set forth herein, we affirm.

{¶ 2} In June 2004, Saedi was involved in a car accident and suffered a serious head injury. In 2005, the Probate Court of ... More...   $0 (02-24-2011 - OH)

Appellant, Elene B. Glassman, appeals from a final order in garnishment obtained by appellee, Meryl B. Goodfriend, to satisfy an underlying judgment. Glassman, an attorney, appears pro se in this appeal. Goodfriend contends this appeal is frivolous and requests sanctions. We affirm the final order in garnishment and assess $2,500 in sanctions against Glassman.

Background

Glassman ... More...   $0 (02-24-2011 - TX)

Jack Gindi filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code while the Colorado Court of Appeals was considering two appeals arising out of a lawsuit brought against him by Andreas Chizzali, his former partner in two companies. The bankruptcy court refused to lift the automatic stay to permit further proceedings regarding the two issues raised by Chizzali in his appeal;... More...   $0 (02-21-2011 - CO)

Mary L. Landry was indicted in the United States District Court for the District of Maine on nine counts involving wire fraud, aggravated identity theft and social security fraud. Footnote The district court held a two-day trial, and the jury returned a guilty verdict on all nine counts. After sentencing, Ms. Landry filed a timely notice of appeal. Footnote In her appeal, she claims that the distr... More...   $0 (01-28-2011 - ME)

In this appeal, appellant Donna Cusson ("Cusson") challenges the district court's decision to grant summary judgment to appellees Liberty Life Assurance Company of Boston ("Liberty") and the FleetBoston Financial Corporation Long-Term Disability Plan ("LTD Plan"). After Liberty terminated Cusson's long-term disability ("LTD") benefits, Cusson sued in the U.S. District Court of Massachusetts, argui... More...   $0 (01-14-2011 - MA)

In this civil action alleging claims of fraud, misrepresentation, conversion, and unfair labor practices, plaintiff appeals an order of the trial court setting aside a general judgment and order of default on the ground of excusable neglect. ORCP 71 B(1)(a). Plaintiff contends that the undisputed facts do not support the conclusion that defendants' default was the result of excusable neglect. We r... More...   $0 (01-12-2011 - OR)

Plaintiff Charon Hare (plaintiff) appeals by right the circuit court’s order denying her motion for summary disposition and granting summary disposition in favor of garnishee Frontier Insurance Company (Frontier) on the ground that a New York antisuit injunction was entitled to full faith and credit. We affirm, albeit for a different reason than that relied on by the circuit court.

I
<... More...   $0 (01-04-2011 - MI)

F. Daniel Bennett (“Bennett�) appeals from an order denying his claim of exemption and a final judgment in garnishment. We reverse.

The Society of Lloyds (“Lloydsâ€�) obtained a judgment against Bennett. Thereafter, Lloyds sought to satisfy the judgment through garnishment proceedings. The trial court issued a post-judgment writ of garnishment directed to Regions Bank where Bennett ma... More...   $0 (12-22-2010 - FL)

This appeal presents the question of whether, during a refereeship, a senior judgment lienholder may redeem property from a junior judgment creditor who purchased the debtor‟s property at an execution sale. To answer this question we must wade into the murky waters of our state‟s statutory redemption provisions, which our supreme court long ago described as “philological monstrosities, illus... More...   $0 (12-22-2010 - IA)