Delbert Ingram v. Hashib D. Faruque, M.D. |
Plaintiff-Appellant Delbert Ingram appeals from a district court’s dismissal of his claims against Defendants-Appellees (“Defendants”). Mr. Ingram sued Defendants- Appellees—Dr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins1— claiming that Defendants had violated his rights under the Fourth and Fifth Amendments of the U.S. Cons $0 (09-06-2013 - OK) |
ECCO Plains, LLC v. United States of America |
The Federal Depository Insurance Corporation (FDIC), while acting as receiver1 of the New Frontier Bank (the Bank), used proceeds from the sale of cattle belonging to a limited liability company (LLC) to pay down a loan of one of the two LLC members. According to the complaint, the FDIC had no authority to do so because the payment was contrary to the members’ agreement. Ignoring the separate en $0 (09-04-2013 - CO) |
Jennifer Pratt v. Joseph Petelin, M.D. |
Mrs. Jennifer Pratt sued Joseph Petelin, M.D. for medical negligence. The district court submitted four factual theories of negligence to the jury, which returned a general verdict against Dr. Petelin in the amount of $153,000. Dr. Petelin appeals, claiming three of the four factual contentions submitted to the jury were unsupported by sufficient evidence. We hold that Dr. Petelin waived this argu $153000 (08-20-2013 - KS) |
Carolina Casualty v. Nanodetex Corporation |
A few years ago the New Mexico Supreme Court recognized a new tort called “malicious abuse of process,” which subsumed the traditional causes of action for malicious prosecution and abuse of process. Nanodetex Corporation and two of its principals (the Insureds) were successfully sued for malicious abuse of process. They then sought indemnification from Carolina Casualty Insurance Company, whi $0 (08-19-2013 - NM) |
John Phillips v. Randy J. Harrington |
John Phillips and Deborah Phillips sued Randy J. Harrington, Darren W. Lee, Charles McClain, Mid-American Bigfoot Research Center, Lost Horizon Computers and Doe No through Doe No. 100 on libel and slander theories claiming: |
Marvel Characters, Inc. v. Lisa R. Kirby |
27 This appeal requires us to revisit our case law |
Bently Reserve, L.P. v. Andreas G. Papaliolios |
Defendant Andreas Papaliolios (Papaliolios) appeals from an order denying his special motion to strike a libel claim under Code of Civil Procedure section 425.161 (the ―anti-SLAPP‖ statute). The claim arises from a negative review of an apartment building Papaliolios posted to Yelp, an Internet Web site. Papaliolios asserts his review is mere opinion or, alternatively, substantially true and, $0 (07-30-2013 - CA) |
Christine E. Reule v. Colony Insurance Company |
In thirteen issues, Christine E. Reule argues the trial court erred by granting Colony Insurance Company’s motion for summary judgment disposing of all of Reule’s claims. We affirm. |
P. David Newsome, Jr. v. William Gallacher |
This case requires us to answer a classic personal jurisdiction question— who was injured, and where? The answer to that question will determine whether the representative of a Canadian-owned Delaware corporation operating exclusively in Oklahoma may sue the corporation’s Canadian officers and directors in Oklahoma. |
John F. Vecchio v. Randall D. Jones |
This is a defamation suit arising out of a dispute between members of a homeowner’s association. In this appeal, we consider whether the trial court properly granted Randall D. Jones’s motion for summary judgment on John F. |
KTRK Television, Inc. v. Theaola Robinson |
Following a series of news reports by KTRK Television, Inc. alleging financial mismanagement, Benji’s Special Education Academy (“BSEA”), a charter school, and Theaola Robinson sued KTRK. KTRK moved to dismiss the action pursuant to the then-recently enacted Texas Citizens Participation Act |
Robert Writt v. Shell Oil Company and Shell International, E&P, Inc |
Appellant, Robert Writt, challenges the trial court’s rendition of summary judgment in favor of appellees, Shell Oil Company and Shell International, E&P, |
Pamela Kirkes v. Independent School District No. 10, Pushmataha County, OK aka Clayton Public Schools |
Pamela Kirkes sued Independent School District No. 10, Pushmataha County, OK aka Clayton Public Schools, Jim Dominick and Judd Matthes claiming: |
Janelle Burrill v. Jayraj Nair |
This defamation action arises out of a contentious custody dispute that has made its way to this court five times.1 In the underlying case, Jayraj Nair persistently fought court-ordered efforts to reunify his former wife, Bindu, with their older son, Suraj. (We |
Classic Chevrolet, Inc. v. Travis Michael Frizell |
Classic Chevrolet, Inc. sued Travis Michael Frizell and H. Wayne Cline on conversion, misappropriation and/or embezzlement theories. |
Chris and Ronda Turner v. Gerrell Beaty d/b/a Old School Construction and Carlene E. Beaty |
Chris and Ronda Turner sued Gerrell Beaty d/b/a Old School Construction and Carlene E. Beaty claiming: |
Maryland v. Alonzo Jay King, Jr. |
gunbroke into a woman’s home in Salisbury, Maryland. He raped her. The police were unable to identify or apprehend the assailant based on any detailed description or other evidence they then had, but they did obtain from the victim a sample of the perpetrator’s DNA. |
Rehak Creative Services, Inc. v. Ann L. Witt |
Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak”) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt”). We affirm. |
United States of America v. James Paul Wright |
The United States of America charged James Paul Wright, age 23, with conspiracy to commit robbery in violation of 18 U.S.C. 1951, attempted robbery in violation of 18 U.S.C. 1951, two counts of possession of firearm in furtherance of a crime of violence in violation of 18 U.S.C. 924 and carjacking in violation of 18 U.S.C. 2119. It also sought forfeiture of firearms pursuant to 28 U.S.C. 2461 in $0 (05-13-2013 - OK) |
Manzoor Memon v. Haroon Shaikh |
The defendant in this defamation case asks us to reverse the judgment and remand the case for a new trial. He argues that this result is required because the jury’s answer to the single actual-damages question was predicated on its findings that he published nine defamatory statements that he knew or should have known were false, but the evidence is legally insufficient that one of the statement $0 (05-02-2013 - TX) |
Columbia Casualty Co. v. Curtis W. McGhee |
The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to $0 (04-30-2013 - IA) |
National Rifle Association, Inc. v. Bureau of Alcohol, Tobacco, Firearms and Explosives |
Like other circuits, the panel adopted a two-step approach to interpretation of the Second Amendment. The first consideration is whether “the conduct at issue falls within the scope of the Second Amendment right” as shown by “historical traditions.” NRA v. ATF, 700 F.3d 185, 194 (5th Cir. 2012). |
District of Columbia v. Heller |
We consider whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution. |
Heritage Pacific Financial, LLC v. Maribel Monroy |
Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil $0 (04-25-2013 - CA) |
Tarla Makaeff v. Trump University, LLC |
No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump’s “insider success secrets,” is itself a public or limited public figure so as to implicate the First Amendme $0 (04-18-2013 - CA) |
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