Liens Law
 
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

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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

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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

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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

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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)

Carolyn Brown v. United Services Automobile Association

Tulsa, OK - Carolyn Brown sued United Services Automobile Association on a negligence theory claiming:

I. That on orabout the gth day ofOctober, 2013, the minor (hereinafter “M. C. SHARP), was involved in motor vehicle accident on East 4l’ Street, west of its intersection with Sheridan Road, in Tulsa, Tulsa County, State of Oklahoma, wherein said minor allegedly sustained injuries. As a r

More...   $46500 (06-02-2015 - OK)

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

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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

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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

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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

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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

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Twila Mayfield Clark v. Mark Allen Jones and Allstate Fire & Casualty Insurance Company

Tulsa, OK - Twila Mayfield Clark sued Mark Allen Jones and Allstate Fire & Casualty Insurance Company on auto negligence theories claiming:

1. That the Plaintiff is a resident of Tulsa County, State of Oklahoma; that Defendant, MARK ALLEN JONES, is a resident of Tulsa County, State of Oklahoma; and, that Defendant, ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, is an insurance company organi

More...   $10500 (06-24-2015 - OK)

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)

Larry Higgins v. BAC Home Loans Servicing, LP

Kentucky’s recording statutes require that an assignment of a
mortgage must be recorded within 30 days. Plaintiffs in this putative class action contend that,
for purposes of the recording requirement, a transfer of a promissory note is an assignment of a
mortgage securing the note, such that the transfer must be recorded. The district court below
agreed and issued an order to that

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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

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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

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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

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Defense Resource Services, LLC v. First National Bank of Central Texas

In two issues, appellant, Defense Resource Services, LLC (“DRS”), challenges a judgment entered in favor of appellee, First National Bank of Central Texas (“FNB”). Specifically, DRS asserts that the trial court erred because it determined: (1) that FNB’s 1991 lien secured both a 1991 loan and a 2008 loan, even though the 1991 loan was paid in full; and (2) that the payment of the 1991 loan did not

More...   $0 (07-02-2015 - TX)

Bottrell Family Investments Limited Partnership v. Diversified Financial, Inc

¶1 Bottrell Family Investments filed this breach of contract action in the Thirteenth
Judicial District Court, Yellowstone County, seeking damages and a declaratory
judgment against Diversified Financial, Inc., Stephen A. Zabawa, and Jason Blair
(collectively, “Defendants”). After both Bottrell and Defendants moved for summary
judgment, the District Court entered judgment in D

More...   $0 (06-30-2015 - MT)

Alam McVey v. M.L.K. Enterprises, LLC,

¶ 1 The sole issue in this health care lien adjudication case is whether under section 10 of the
Health Care Services Lien Act (Act) (770 ILCS 23/10 (West 2012)), attorney fees and costs
must be deducted from a verdict, judgment, award, settlement, or compromise prior to
calculating the amount available for the satisfaction of a health care lien. For the reasons that
follow, we ho

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Lloyd Douglas v. City of Kemp, Texas

Appellant Lloyd Douglas appeals from the trial court’s order granting appellee City of Kemp, Texas’s plea to the jurisdiction. On appeal Douglas argues that his claims against the City are not barred by governmental immunity. We affirm the trial court’s order.
BACKGROUND
Douglas built a nursing facility in Kemp, a city located in Kaufman County, Texas. According to Douglas, before he

More...   $0 (06-09-2015 - TX)

Jacob Doe v. Hartford Roman Catholic Diocesan Corporation

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus

More...   $0 (06-27-2015 - CT)

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