Liens Law
 
Elizabeth Beaulieu v. State of Vermont

3 Plaintiffs, who are 704 current and former employees of the State of Vermont, appeal from
4 the dismissal of the action by the United States District Court for the District of Vermont
5 (Sessions, J.) by reason of Vermont’s sovereign immunity. The complaint alleges violations of the
6 Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq. (“FLSA”), and seeks declaratory and
7... More...
   $0 (09-16-2015 - VT)

Kevin Duff v. Central Sleep Diagnostics

On August 31, 2010, investors in Central Sleep filed suit in Cook County Circuit Court against the company; Kenneth Dachman, its promoter; Dachman’s wife, Katherine Lynn Dachman; and several others. The suit asserted claims for fraud, RICO violations, conversion, fraudulent conveyance, civil conspiracy, and securities fraud. Dachman was also criminally charged and convicted for his fraudulent cond... More...   $0 (09-13-2015 - IL)

Olawale Azees v. Aryn Sherfield

Oklahoma City, OK - Olawale Azees sued Aryn Sherfield on an auto negligence theory claiming:

1. That on May 6th 2013 a car driven by the Defendant collided with a vehicle driven by the Plaintiff. Three of the Plaintiffs minor children Ridwan Azees, Rodiyat Azees, and Malik Azees were in Plaintiffs at that time of the collision. The collision occurred at the intersection of North 36th Stre... More...
   $1 (09-09-2015 - OK)

American Homeowner Preservation Fund, LP v. Brian J. Pirkle, Tarrant County, Tarrant County Hospital District, City of Sansom Park, and Tarrant County Community College District

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property
2
purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American’s constitutional takings claims against the taxing authorities involved in th... More...
   $0 (09-03-2015 - TX)

CECILIA M LEWIS et vir v RAY C DEBORD et ux

The underlying facts are not in dispute. In 2003, the Lewises obtained a default money judgment against Karen MacKean and Fred Foust (the “MacKeans”), a married couple. In 2006, the Lewises recorded their judgment in Pima County attempting to create a lien on the MacKeans’ real property. They filed a renewal affidavit in 2008. Neither the initial recording nor the renewal was accompanied by a ... More...   $0 (08-29-2015 - AZ)

CECILIA M LEWIS et vir v RAY C DEBORD et ux

The underlying facts are not in dispute. In 2003, the Lewises obtained a default money judgment against Karen MacKean and Fred Foust (the “MacKeans”), a married couple. In 2006, the Lewises recorded their judgment in Pima County attempting to create a lien on the MacKeans’ real property. They filed a renewal affidavit in 2008. Neither the initial recording nor the renewal was accompanied by a ... More...   $0 (08-25-2015 - AZ)

King v. Booker

Ballard began working for Dondlinger in 2003. In December 2007, Ballard injured his neck while working and later settled a disability claim with Dondlinger, which included a lump sum payment for a 25% permanent partial general disability. In October 2010, Ballard was injured in an automobile accident while working for Dondlinger. As a result, Ballard aggravated his preexisting cervical condition a... More...   $0 (08-24-2015 - KS)

United States of America v. Randall Hinton and Justin Carter

St. Louis, MO - Eight Area People Sentenced on Fraud Charges Involving Motor Vehicle Titles

RANDALL HINTON was the leader of a scheme to alter and counterfeit documents in order to obtain state issued motor vehicle titles for himself and others, and to obtain loans secured by motor vehicle titles. Hinton, of St. Louis, Missouri, was sentenced on August 11 to 136 months in prison; co-defe... More...
   $0 (08-20-2015 - MO)

Shelby County Health Care Corp v. Southern Farm Bureau Casualty

John Smiley, a resident of Monroe County, Arkansas, was severely injured when a vehicle driven by Aaron Medford, a resident of Woodruff County, Arkansas, struck Smiley’s vehicle. The accident occurred in Monroe County, Arkansas. Smiley was transported to the Med, a medical center in Memphis, Shelby County, Tennessee, located just across the Mississippi River from Arkansas, where he received seve... More...   $0 (08-15-2015 - AR)

ELECTRICAL WHOLESALE SUPPLY CO., INC. v. ALANE FRASER and M.J. BISHOP CONCRETE & CONSTRUCTION, INC.

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)

First American Title Ins. Co. v. Spanish Inn


This is one of many appeals arising from litigation over the renovation of a hotel property in Palm Springs. In this appeal, the project's developers challenge the trial court's grant of summary adjudication in favor of the title insurer, which sought contractual indemnity from the developers for legal expenses incurred in defending the project's construction lender against mechanic's lien ... More...
   $0 (08-14-2015 - CA)

United States of America v. Christopher Kim, aka Chris Kim, aka KH Kill, aka Kyung Joon Kim

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 - )

Murphy v. Wachovia Bank of Delaware, N.A.

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)

Kevin Nutt v. Osceola Therapy & Living Center

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)

Jennifer Fowler v. Corey Murphy

Tulsa, OK - Jennifer Fowler sued Corey Murphy and American National Property and Casualty Company on auto negligence theories claiming:

1. On or about July 30, 2012, in Tulsa County, Oklahoma, the minor, Keagen Murphy, was involved in an accident wherein said minor allegedly sustained various injuries. As a result of the accident, the injured minor and the minor’s parent and next friend, ... More...
   $25000 (08-12-2015 - OK)

Amber Johnson v. Stanley E. Alexander

Alexander acted as Johnson's closing attorney when she purchased a home in North Charleston on September 14, 2006. The title examination for the home had been performed by attorney Charles Feeley at the request of Johnson's previous attorney, Mario Inglese. Alexander purchased the title work from Inglese and relied on this title exam in concluding there were no back taxes owed on the property. T... More...   $0 (07-31-2015 - SC)

UTA v. Greyhound

We have long strictly construed contractual provisions that call for one party to indemnify another, requiring that such provisions clearly and unequivocally manifest the intent to do so. In this case, we are asked to consider whether we should also strictly construe a contractual provision requiring one party to procure insurance for the benefit of another. ¶2 We conclude that while an agreement... More...   $0 (07-31-2015 - UT)

Favero Farms v. Baugh

The Baughs owned twenty acres of land in Weber County, Utah. In 2004, they met with a wetlands consultant who informed them that there were wetlands on their property and that they therefore could not use fill dirt on the property without obtaining a permit from the United States Army Corps of
Favero Farms v. Baugh
20140711-CA 2 2015 UT App 182
Engineers. The Baughs had already pl... More...
   $0 (07-31-2015 - )

DARA HEM v.TOYOTA MOTOR CORP., et al.

In March 2007, Hem brought suit in a Texas federal court after he was
9 seriously injured in an accident. Hem was traveling through northern New Mexico
10 when his Toyota truck separated from the U-Haul trailer it was towing, causing the
11 truck to roll over several times. After treating Hem for his injuries, UNMH recorded
12 a hospital lien for Hem’s outstanding medical bills. T... More...
   $0 (07-30-2015 - NM)

Kelley|Witherspoon, LLP, Kevin Kelley and Nuru Witherspoon v. Armstrong International Services, Inc.

This is an appeal from a judgment following a jury trial in a legal malpractice action. Asserting three issues, Kelley/Witherspoon, LLP, Kevin Kelley, and Nuru Witherspoon contend the evidence is legally and factually insufficient to support the damages awarded and the finding of negligence against Nuru Witherspoon individually. Armstrong International Services, Inc. presents a single issue in a c... More...   $0 (07-27-2015 - TX)

United States of America v. Chester A. Bitterman, Jr., C. Grant Bitterman, Curtis L. Bitterman and Craig L. Bitterman

PHILADELPHIA, PA – Chester A. Bitterman Jr., 81, and his sons, Craig L. Bitterman, 55, C. Grant Bitterman, 53, and Curtis L. Bitterman, 61, were sentenced for conspiracy to defraud the United States. At sentencing hearings held on July 15, 17 and 22, U.S. District Court Judge James Knoll Gardner imposed the following sentences:



Craig L. Bitterman, of Strasburg, PA, was sen... More...
   $0 (07-23-2015 - PA)

Zinvst, LLV v. Donna L. Anderson

Donna Anderson is the owner of improved property located at 23 Hayden Lane,
Fromberg, Carbon County, described as:
Tract 1 of Certificate of Survey No. 2041 FT, Carbon County, Montana, according to the official plat therof on file and of record in the office of the Clerk and Recorder of said County under Document No. 306963.
Anderson failed to pay taxes assessed for the property and... More...
   $0 (07-22-2015 - MT)

CENTURION PROPERTIES III, LLC; SMI GROUP XIV, LLC. v. CHICAGO TITLE INSURANCE COMPANY, a Nebraska company,

This case arises from a dispute between plaintiffsappellants Centurion Properties III, LLC (“CPIII”) and SMI Group XIV, LLC (“SMI”) (together, “Plaintiffs”), and defendant-appellee Chicago Title Insurance Company (“Chicago Title”) over whether Chicago Title breached a duty of care to Plaintiffs, causing damages, when it recorded unauthorized liens on CPIII’s property. We have jurisdiction under 2... More...   $0 (07-19-2015 - )

Macquarie Bank Limited v. LexMac Energy, L.P.

Macquarie Bank Limited (Macquarie Bank) and a subsidiary brought suit
against LexMac Energy, L.P. (LexMac); Novus Operating Company, L.P. (Novus);
Lexar Energy, Inc. (Lexar); and Bradley Knickel, who controls all three companies
(collectively, Lexar Group). Macquarie Bank and the subsidiary alleged claims of
deceit, fraud, and promissory estoppel, among others, and also alleged tha... More...
   $0 (07-17-2015 - ND)

Margaret Onwudiegwu v. Jaime J. Dominguez

In this appeal from a judgment ordering a property owner to pay a construction
worker damages in quantum meruit for work performed in constructing a new home, the
property owner argues that the county court at law lacked jurisdiction over the claim
and that there is legally insufficient evidence to support the judgment. We conclude that
although the trial court had jurisdiction, th... More...
   $0 (07-16-2015 - TX)

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