This case was brought in federal court based on diversity jurisdiction under 28 U.S.C. § 1332. After the district court entered interim orders dismissing many claims, entering summary judgment on another, and resolving various discovery disputes, the parties discovered complete diversity never existed and the court lacked subject matter jurisdiction. Rather than dismiss the case in its entirety f... More...   $0 (07-08-2011 - OK)

Iowa has a strong public policy favoring settlements. This appeal decides the enforceability of a “Release of All Claims” that plaintiff, Mark Peak, signed on the advice of his attorney. Peak broke his leg while helping defendants, Ellis and Rachel Adams, move furniture using a rented U-Haul truck. The liability insurer for U-Haul paid its policy limits of $20,000 to Peak and his attorney in e... More...   $0 (07-01-2011 - IA)

In this action, plaintiff Beth Van Sickle filed a complaint against her former attorney, defendant Gregory F. Gilbert, arising out of his alleged mismanagement, years earlier, of certain properties Van Sickle had received in a divorce in which Gilbert had represented her. Van Sickle included in her complaint a cause of action for an accounting, and, as is generally true in accounting cases, she di... More...   $0 (06-29-2011 - CA)

This appeal raises the question of whether a commercial lending institution, which is also an equity investor in a borrower‘s venture, violated the Unruh Civil Rights Act (Act) (Civ. Code, § 51) by declining to make a loan to a limited liability company because its managing member included a felon who had conspired to falsify customs documents and sell munitions to Syria.

We conclude tha... More...   $0 (06-29-2011 - CA)

This is a nursing home negligence action arising from injuries sustained by plaintiff Sanford Canter at the Lakewood of Voorhees Nursing Home, a New Jersey licensed long-term care facility (the nursing home). By leave granted, defendant Seniors Healthcare, Inc. (SHI) appeals from the denial of its motions for partial summary judgment and reconsideration on the issue of whether corporate veil-pierc... More...   $0 (06-28-2011 - NJ)

[¶1] Ricky Becker appeals from a divorce judgment awarding Jill Becker spousal support and establishing her child support obligation. We affirm the spousal support award, reverse the child support decision and remand for recalculation of Jill Becker's child support obligation.

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[¶2] Ricky and Jill Becker married in 1989 and have four children together. Ricky Becker is a plasti... More...   $0 (06-21-2011 - ND)

The plaintiffs, Adelaide V. George d/b/a Homes by George (Homes by George) and Rick George, appeal, and the defendant, Al Hoyt & Sons, Inc., cross-appeals, from rulings of the Trial Court (McHugh, J.). We affirm in part, vacate in part, and remand.

The record supports the following facts and procedural history. Homes by George was the developer of a residential real estate development known... More...   $0 (06-02-2011 - NH)

“The relation between attorney and client is a fiduciary relation of the very highest character, and binds the attorney to most conscientious fidelity—uberrima fides.” (Cox v. Delmas (1893) 99 Cal. 104, 123; accord, Oasis West Realty, LLC v. Goldman (May 16, 2011, No. S181781) ___ Cal.4th ___ [2011 W.L. 1833208, *5].) Accordingly, “ ‘[a]ll dealings between an attorney and his clie... More...   $0 (05-24-2011 - CA)

Geaniece Carter rented anapartment at Riverstone Apartments in Bolingbrook,Illinois. AMC, LLC, managed the building on behalf of its owner, Jackson Square Properties. AMC filed suit in state court to have Carter evicted. (AMC’s name at the time was American Management Consultants, LLC; we use its current name in this opinion.) The trial court entered an eviction order but the appellate court re... More...   $0 (05-13-2011 - IL)

Geaniece Carter rented an apartment at Riverstone Apartments in Bolingbrook, Illinois. AMC, LLC, managed the building on behalf of its owner, Jackson Square Properties. AMC filed suit in state court to have Carter evicted. (AMC’s name at the time was American Management Consultants, LLC; we use its current name in this opinion.) The trial court entered an eviction order but the appellate court r... More...   $0 (05-13-2011 - IL)

Appellant George Geis d/b/a Rio Architects (“Geis”) appeals from a judgment requiring him to pay appellee Colina Del Rio, LP (“Colina”) $881,958.00 in damages plus interest, attorney’s fees, and costs in a suit involving an architectural contract. Colina sued Geis for rescission of the contract, claiming the contract was unlawful because Rio Architects failed to employ or associate with ... More...   $0 (05-04-2011 - TX)

We write to address this issue of appellate procedure: When a party has filed a motion for new trial and a notice of appeal is filed before the motion for new trial is decided, must the appellant file a new notice of appeal after the motion for new trial is decided? We conclude that no new notice of appeal is required. Accordingly, we grant respondent's motion for determination of jurisdiction, de... More...   $0 (04-27-2011 - OR)

David S. Harwood, a Chapter 7 debtor, appeals the district court’s order affirming the bankruptcy court’s ruling that certain of his debts are nondischargeable under 11 U.S.C. § 523(a)(4). He challenges the bankruptcy court’s determination that his debts—loans obtained from a limited partnership that Harwood managed in his capacity as officer and director of the partnership’s corporate ... More...   $0 (04-05-2011 - TX)

Can a taxpayer avoid the IRS by moving money to a “diet cookie” company and then destroying records that might show the company to be a sham? Or by transferring assets to his “children’s trusts” only to use the trusts to pay for his country club membership, buy cars, and fund his lifestyle? The answer, of course, is no. Why this is so takes a bit more explanation.

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Gary Kr... More...   $0 (04-01-2011 - KS)

The question this appeal presents is whether Florida’s license requirement for interior designers practicing in commercial settings within the state violates the United States Constitution. The district court held that the license requirement is constitutional under each of the provisions Appellants’ relied on to challenge it: the First Amendment, the Dormant Commerce Clause, and the Equal Pro... More...   $0 (03-01-2011 - FL)

Appellants, The George Wasserman and Janice Wasserman Goldsten Family Limited Liability Company (“WGF”) and Anthony Tanzi, as Trustee of the Lisa W. Gill Trust (“Gill Trust”), are partners in five real estate investment general partnerships and members in two real estate investment LLCs (collectively, the “investment vehicles”). Appellees are Jack Kay (“Mr. Kay”), the managing memb... More...   $0 (02-09-2011 - MD)

Appellants, Robert V. Buck (“Buck”) and Queen Isabella Development Joint Venture (“Queen Isabella”), appeal the trial court’s final summary judgment and two other orders rendered in favor of appellee, G.J. Palmer Jr. (“Palmer”). By five issues, Buck and Queen Isabella argue that the trial court erred by: (1) granting summary judgment that Queen Isabella was dissolved and that the val... More...   $0 (12-21-2010 - TX)

This appeal arises from a dispute between a nonprofit organization advocating on behalf of day laborers and local government officials over the enforcement of restrictions on soliciting work on public sidewalks. The district court held that plaintiffs lacked standing and were not entitled to attorney’s fees. We agree with the district court’s standing conclusion, but disagree with its resoluti... More...   $0 (10-25-2010 - CA)

This court has repeatedly recognized that “money is the lifeblood of modern government. Money comes primarily from taxes, and, as the importance of a predictable income stream from taxes has grown, governments at all levels have established procedures to minimize disruptions” that would interfere with essential public operations. (Batt v. City and County of San Francisco (2007) 155 Cal.App.4th... More...   $0 (10-21-2010 - CA)

Sondra Grohman appeals the summary judgment in favor of Clarence Kahlig in Kahlig’s suit for declaratory relief. We affirm the trial court’s judgment.

As part of a marital property settlement incident to divorce, Kahlig signed a $9.5 million promissory note payable to Grohman. The note was secured by stock in two corporations. The security agreement required Grohman to release her int... More...   $0 (10-20-2010 - TX)

This case arises from a violent episode that occurred on the Parabe oil platform nine miles off the coast of Nigeria in BOWOTO v. CHEVRON CORPORATION 13893 1998. The platform was operated by Chevron Nigeria Limited (“CNL”), a subsidiary of the world oil giant. On May 25, 1998, over 100 native Nigerians took over the Parabe platform to protest CNL’s destruction of the environment and refusal ... More...   $0 (09-20-2010 - CA)

This appeal emanates from a dispute involving the purchase of a mobile home.[1] Though purportedly new, it actually was not. Though the damages caused during its delivery were to be repaired, they purportedly were not. Those who bought the home were Stephanie Wyble and Byron Morgan (who allegedly represented themselves to be married under the common law). The seller, in turn, was D&S Mobile Ho... More...   $0 (09-10-2010 - TX)

Pamela McKissick, a former Gemstar executive, sued the company and two of its former officers, accusing them of perpetrating a fraud that rendered her stock options in the company worthless. The district court granted summary judgment to the defendants, holding that Ms. McKissick released her claims long ago when she signed a separation agreement at the end of her employment. Based on another prov... More...   $0 (09-08-2010 - OK)

At issue is the Commonwealth Court’s holding that governmental immunity extends to all statutory causes of action, whether arising in tort or contract, subject only to the eight exceptions enumerated in the Political Subdivision Tort Claims Act.

The two underlying civil cases are companion ones, involving similar claims by two separate groups of former students of Appellee, Community Coll... More...   $0 (08-17-2010 - PA)

Litton Loan Servicing (“Litton”) serviced a mortgage on a home owned by Camille Gburek. When Gburek fell behind on her mortgage payments, Litton sent her a letter offering to discuss ways she could avoid losing her home in foreclosure and asking for her current financial information. A few days later, Gburek received a letter from Titanium Solutions (“Titanium”) on behalf of Litton; this l... More...   $0 (07-27-2010 - IL)