Patsy's Italian Restaurant, Inc. v. Anthony Banas |
3 This appeal is the latest, longest, and perhaps even the |
Richard Chesbrough, M.D. v. VPA, P.C. |
Dr. Richard and Kim Chesbrough appeal the district court’s grant of the motion of Visiting Physicians Association, P.C. (“VPA”) to dismiss their lawsuit alleging violations of the Federal False Claims Act (“FCA”), 31 U.S.C. § 3279 et seq., and the Michigan Medicaid False Claim Act. The Chesbroughs allege as qui tam relators on behalf of the United States that VPA defrauded the governmen $0 (08-23-2011 - MI) |
Stephen C. Stearns v. Ticketmaster Corp. |
John Mancini, Duke Sanders, and Taylor Myers appeal the district court’s denial of certification of their putative class action in Mancini v. Ticketmaster (Appeal No. 10-55341); Stephen Stearns appeals the district court’s dismissal of his putative class action in Stearns v. Ticketmaster (Appeal No. 08-56065); and Craig and Julie Johnson appeal the district court’s dismissal of their putativ $0 (08-22-2011 - CA) |
Fidelity and Deposit Company of Maryland v. Bondwriter Southwest, Inc. |
¶1 Fidelity and Deposit Company of Maryland (“Fidelity”) sued Bondwriter Southwest, Inc., David Sparks, and Katherine Stanton (collectively “Bondwriter”) for breach of contract and negligence. After a three-day bench trial, the court ruled in Fidelity’s favor on both claims and found Fidelity sustained damages in excess of $511,000. The court also concluded that Bondwriter was only five $0 (07-28-2011 - AZ) |
Regina M. Thomson v. Lewis L. Canyon |
The seller of residential property sued her real estate agent and broker upon allegations that the agent failed to prepare proper documentation of the sale. The seller alleged that the sale was meant to “ „salvage‟ ” her home from foreclosure by conveying the property to an investor who would be paid $10,000 to clear the liens, then reconvey the home. The agent allegedly failed to memorial $0 (08-17-2011 - ca) |
Jodie Bullock v. Philip Morris, USA, Inc. |
Philip Morris USA, Inc. (Philip Morris), appeals a judgment awarding Jodie Bullock $13.8 million in punitive damages after a jury trial. A jury previously had awarded $850,000 in compensatory damages. Philip Morris contends the punitive damages award is barred by res judicata as a result of the settlement of an action by the California Attorney General against Philip Morris and other cigarette man $13800000 (08-19-2011 - cA) |
Kojo Wih Nkansah v. University of Texas at Arlington |
Appellant Kojo Wih Nkansah, pro se, appeals from orders granting a motion to dismiss, a plea to the jurisdiction, and a motion for summary judgment in favor of Appellees University of Texas at Arlington (UTA), James Spaniola, Dana Dunn, Philip Cohen, Rod Hissong, and Sherman Wyman and from an order denying his motion for new trial. We will affirm. |
Edwin A. White v. MLMT 2004-BPC1 Carlyle Crossing, LLC |
This is an appeal from a judgment in favor of appellee MLMT 2004-BPC1 Carlyle Crossing, LLC for $1,766,355.52 in a bench trial on appellee’s cause of action for waste of collateral. In two issues, appellant Edwin A. White, an indemnitor under the loan agreements, contends that the evidence is insufficient to support the damage award and that the express negligence doctrine does not apply to rel $0 (08-18-2011 - TX) |
Patricia Muske v. Charles A. Menke |
Appellant Patricia Muske appeals from a final summary judgment granted in favor of appellee Charles Menke. Muske and Menke are cousins who owned undivided interests in a 626-acre property in Waller County known as the Live Oaks Section. Muske sold her interest in the property to Menke in February 2006. In November 2007, Menke sold the Live Oaks property to the Katy Prairie Conservancy. When Mu $0 (08-18-2011 - TX) |
Mike Buetow v. A.L.S. Enterprises, Inc. |
There is a substantial market for products that will prevent game animals, with their keen sense of smell, from detecting the presence of hunters. Activated carbon, when embedded in clothing, adsorbs1 and retains human scent. In 1992, A.L.S. 2Federal jurisdiction in this case is based upon the Class Action Fairness Act, 28 U.S.C. § 1332(d). That jurisdiction continued despite the district court $0 (08-18-2011 - MN) |
Linda A. Copeland v. Robert E. Anderson |
¶1 Does civil liability for the tort of perjury exist in this state? This is the foremost question which arises from the sustention of a demurrer to plaintiff's cause of action for perjury and pretrial deceit. A procedural problem concerning our jurisdiction to review will be preliminarily disposed of sua sponte. We hold that civil liability for the tort of perjury does lie in this state but that $0 (09-24-1985 - OK) |
James C. Purcell v. Old National Bank |
James Purcell appeals a directed verdict in favor of Old National Bank (ONB). On cross-appeal, ONB appeals the denial of its motion to fees and costs. We affirm in part, reverse in part, and remand. |
Mississippi Public Employees' Retirement System v. Boston Scientific Corporation |
In this securities class action, plaintiff Mississippi Public Employees' Retirement System alleges that senior management of Boston Scientific Corporation (BSC), a publicly traded manufacturer of medical devices in which plaintiff invested, withheld material information and made misleading statements in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78 $0 (08-15-2011 - MA) |
Country Insurance and Financial Services v. Timothy B. Roberts |
¶ 1 Plaintiff Country Insurance and Financial Services appeals from the circuit court’s order dismissing its complaint for lack of jurisdiction against defendant Timothy Roberts. On appeal, Country Insurance contends that the circuit court rather than the Illinois Workers’ Compensation Commission (Commission) has jurisdiction to hear its claim for fraud, which arose out of a workers’ compen $0 (08-12-2011 - IL) |
Stepping Stone Homes, Inc. v. Wisconsin Public Service Corpration |
¶1 Spouses Tiffany and Joshua DeWall defaulted on a land contract. They appeal from a judgment of strict foreclosure entered in favor of Stepping Stone Homes, Inc., and dismissing their counterclaims and affirmative defenses. The DeWalls contend that their claims of unconscionability, fraud and/or misrepresentation and a breach of the duty of good faith present questions of fact making s $0 (08-03-2011 - WS) |
Jason Ferris v. Location 3 Corporation |
¶1 Jason and Tara Ferris allege that Thomas Sauer, James Lechner, and Shan Mason conspired to lie on behalf of Location 3 Corporation in a real estate condition report, in violation of Wis. Stat. §§ 895.446 and 943.20(1)(d) (2009-10).[1] The defendants moved for partial summary judgment, arguing that the claim was barred by the economic loss doctrine and that Sauer, Lechner, and Mason s $0 (08-10-2011 - WS) |
Bryan Casper v. American International South Insurance Company |
¶1 This is a review of a published decision of the court of appeals, Casper v. American International South Insurance Co., 2010 WI App 2, 323 Wis. 2d 80, 779 N.W.2d 444,[1] affirming three orders of the Milwaukee County Circuit Court, Christopher R. Foley, Judge. The case arises out of a tragic accident that occurred when a truck driven by Mark Wearing collided with the Casper family's minivan $0 (08-15-2011 - WS) |
NAACP of Camden County East v. Foulke Management Corp. |
SABATINO, J.A.D. |
Joan Najbar v. The United States |
Pursuant to the Federal Tort Claims Act (the FTCA), Joan Najbar filed this lawsuit against the United States alleging four state-law causes of action. The district court granted the government’s motion to dismiss for lack of subject-matter jurisdiction, and Najbar appeals. We affirm, although on a ground different from that relied on by the district court. |
Carolyn Schubert v. Auto Owners Insurance Company |
Auto Owners Insurance Company (“Auto Owners”) appeals the order granting summary judgment in favor of Carolyn Schubert and awarding her $124,500, the face value of the insurance policy sold to her by Auto Owners. Because Schubert owned a one-half interest in the dwelling covered by the policy, which was completely destroyed by fire, Auto Owners offered to pay her half of the policy value. Auto $0 (08-12-2011 - MO) |
Vicente Salas v. Sierra Chemical Co. |
PlaintiffVicente Salas appeals from a summary judgment entered in favor of defendant Sierra Chemical Co. (Sierra Chemical). We affirm the judgment. |
William Charles Bundren v. Holly Oaks Townhomes Association, Inc. |
William Charles Bundren See Footnote 1 and Karen P. Bundren (collectively the Bundrens), doing business as C&K Residential Properties (C&K), New Hope Foundation (New Hope), See Footnote 2 and Hope Hill Investments, Inc. (Hope Hill) appeal the trial court's judgment awarding Holly Oaks Townhomes Association, Inc. (Holly Oaks) $24,324 in damages and $73,000 for attorney's fees for trial and ap $0 (08-11-2011 - TX) |
City of Orlando v. Carmen Pineiro |
The City of Orlando (Athe City@) appeals the final judgment rendered in this wrongful death action brought by Carmen Pineiro (“Pineiro”) as personal representative of the estate of her son, Edwin Alvarado.1 The jury found the City 55% responsible for the death of Alvarado and the Fabre2 defendant, Kenyon Crowe (ACrowe@), 45% at fault, and final judgment was rendered accordingly. The City argue $0 (08-05-2011 - FL) |
Melvin A. Jones v. Michael J. Astrue |
Melvin Jones challenges a judgment of the district court affirming the Social Security Administration’s denial of his application for disability benefits. Jones contends that an Administrative Law Judge did not properly apply the “treating physician rule” in evaluating his application, and further argues that new evidence has come to light that warrants a remand to the agency. We agree with $0 (08-05-2011 - DC) |
Andrew T. Walker v. Chesapeake Louisiana, L.P. |
Six lessors of mineral rights brought suit to cancel the oil and gas leases they had executed, alleging the lessee breached key provisions. The district court granted summary judgment in favor of the lessee. We AFFIRM. |
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