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Berry & Murphy, P.C. v. Carolina Casualty Insurance Company
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Plaintiffs-Appellants Berry & Murphy, P.C. and Timothy H. Berry, P.C. (“plaintiffs”) appeal the district court’s grant of summary judgment to Defendant- Appellee Carolina Casualty Insurance Company (“Carolina Casualty”) on plaintiffs’ claim for insurance coverage for a malpractice lawsuit. Plaintiffs filed their action in state court and Carolina Casualty removed the case to federal co... More... $0 (11-20-2009 - CO)
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Cell Therapeutics, Inc. v. Lash Group, Inc.; Documedics Acquisition Co., Inc.
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The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More... $0 (11-19-2009 - WA)
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Howard Weiner v. Burr, Pease & Kurtz, P.C.
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This appeal involves a dispute over the modification of a law firm’s contingent-fee agreement. The main questions presented are whether the modified contingent-fee agreement is valid and whether the court erred in construing the disputed phrase — “further substantial litigation” — to mean more than just in-court proceedings and filings. Because the modified fee agreement is valid and the... More... $0 (11-13-2009 - AK)
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Beulah Addison v. Lochearn Nursing Home, LLC d/b/a FutureCare Lochearn
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In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More... $0 (11-13-2009 - MD)
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Thomas V. Miller v. City of Van Alstyne
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This appeal by pro se plaintiff, Thomas V. Miller d/b/a: Miller House Movers (“Miller”), alleges “embezzlement,” “fraudulent acts” and failure of the City of Van Alstyne (the “City”) to investigate the “fraud with this Texas Star Bank.” The trial court dismissed the City by order entered July 28, 2008. The City filed a special appearance and moved to dismiss this appeal. We af... More... $0 (11-13-2009 - TX)
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Perlan Therapeutics, Inc. v. Nexbio, Inc., et al.
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Code of Civil Procedure section 2019.2101 requires a plaintiff suing for misappropriation of its trade secrets to identify with “reasonable particularity” the purported trade secrets which allegedly have been misappropriated “before commencing discovery relating to the trade secret[s.]” The court below concluded plaintiff Perlan Therapeutics, Inc.‟s effort to meet this obligation fell sh... More... $0 (11-04-2009 - CA)
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Reserves Development, L.L.C. v. Crystal Properties, L.L.C.
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In this second appeal from the Superior Court, Reserves1 seeks a reversal of the trial judge’s reduction in damages awarded to Reserves for breach of contract and misrepresentation. Reserves argues that the trial judge erred when he offset damages based on conclusions that were unsupported by the record and the product of an illogical deductive process. With the exception of the offset of $5,461... More... $0 (11-04-2009 - DE)
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Randal McCullough v. Aegon USA
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Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (“AEGON”), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ... More... $0 (11-03-2009 - IA)
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AAA Valley Gravel, Inc. v. Alicia Totaro and Herman Ramirez
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A property owner leased gravel mining rights to a lessee. The lessee in turn leased its rights to a sublessee. The sublessee assumed the lessee’s duty to pay royalties to the property owner and agreed to pay overriding royalties to the lessee. The lessee later assigned the overriding royalties to an assignee. After more than a decade of operating under these arrangements, the sublessee purchased... More... $0 (10-30-2009 - AK)
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Joy R. Webster v. Otwo I, Inc., et al.
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Appellant Joy R. Webster, in her capacity as bankruptcy trustee, filed suit against Respondents Otwo I, Inc., et al. (collectively “Otwo”), alleging that Otwo was liable for injuries sustained by Patrick M. Kronin while at work. The circuit court dismissed Webster‟s petition as time barred. We affirm. Factual
Background
Patrick and Lynn Kronin initially filed suit against Otwo... More... $0 (10-28-2009 - MO)
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Louis Marks v. Deborah S. Cook
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Louis and Brenda Marks appeal from the district court’s orders granting summary judgment to Defendants in the Marks’ suit alleging statutory and tort violations in connection with a foreclosure on their home. The Marks also challenge several preliminary orders by the district court. Finding no error, we affirm. I.
... More... $0 (10-23-2009 - VA)
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Alexander G. Baldwin v. John W. Bader
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This case arises from two transactions in which WahlcoMetroflex, Inc. ("WMI" or "the company") issued equity shares as compensation for agreements made by most of its shareholders to guaranty personally loans made to WMI. Alexander Baldwin, one of seven shareholders and founders of WMI, filed suit alleging that WMI's directors breached their fiduciary duties to him by issuing the two sets of shar... More... $0 (10-22-2009 - ME)
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Moss Creek Homeowners Association, Inc. v. Ted L. Bissette, et al.
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Ted and Mary Bissette (the “Bissettes”) appeal from orders: (1) granting plaintiffs’ and third-party defendants’ summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys’ fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.
FACTS
Moss Creek is a single-family residential... More... $0 (10-20-2009 - NC)
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Jerry Christian v. David Mason
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This is an appeal from the dismissal of Jerry and Joy Christians‘ action to set aside an allegedly fraudulent transfer. The district court dismissed the action, finding that the Christians‘ lacked standing because their claim was preempted by federal bankruptcy law. We vacate and remand.
I.
Factual and Procedural Summary
Jerry and Joy Christian were victims of a Ponzi sche... More... $0 (10-20-2009 - ID)
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William B. White v. Doris Bowman, et al.
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William B. White (plaintiff) appeals the judgment of the Circuit Court of Greene County dismissing his claims against defendants Douglas R. Eckhoff and Sandy L. Eckhoff (Eckhoffs) and granting summary judgment in favor of defendant Doris Bowman (Bowman). We affirm the summary judgment for Bowman. We reverse the dismissal as to Eckhoffs and remand to the trial court for further proceedings.
... More... $0 (10-18-2009 - MO)
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Dr. Michael Peterson, D.C. v. Ken Ray Underwood
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¶1 In this malicious prosecution action, Plaintiff, Dr. Michael Peterson, appeals a dismissal granted to Defendant, Charles Snider, and a summary judgment granted to Snider's attorney, Defendant Ken Ray Underwood and the law firm of Ken Ray Underwood, P.C.(collectively, Underwood). We affirm.1
FACTS
¶2 This litigation began when Snider, a truck driver, suffered a job-related injury... More... $0 (10-16-2009 - OK)
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Keith Myers v. Wesley C. Leedy
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This case presents the question of whether a tenant‟s leasehold interest in property survives a land contract vendee‟s forfeiture when the tenant is not made a party to the forfeiture action and the vendor has actual knowledge that the tenant is in possession of the property. We conclude that in this case the tenant‟s leasehold interest survives.
Facts and Procedural History
On... More... $0 (10-15-2009 - IN)
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First American Bank v. First American Transportation Title Insurance Co.
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Appellant First American Bank (First American or Bank) appeals a grant of summary judgment in favor of appellee First American Transportation Title Insurance Co. (FATTIC). The district court ruled that the measure of indemnity under First American’s insurance policy is limited to the amount by which the payments to the holders of the priming liens for necessaries reduced First American’s recov... More... $0 (10-15-2009 - LA)
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Ahmed M. Ali v. CIT Technology Financing Services, Inc.
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This appeal is from a judgment entered by the Circuit Court for Prince George’s County against Ahmed M. Ali, appellant, and in favor of CIT Technology Financing Services, Inc., appellee, in the amount of $190,725.85 in damages and $21,977.95 in prejudgment interest. Appellant contends that the trial court should have dismissed the suit because it was barred by the applicable statute of limitatio... More... $0 (10-05-2009 - MD)
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Tam Travel, Inc., et al. v. Delta Airlines, Inc., et al.
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Plaintiff travel agencies appeal the district court’s dismissal of their Amended Complaint for failure to state a claim under § 1 of the Sherman Antitrust Act. Plaintiffs allege that defendants conspired to reduce, cap, and eventually eliminate the payment of base commissions in a concerted effort to drive plaintiffs out of business in violation of 15 U.S.C. § 1. We affirm. In doing so, we hol... More... $0 (10-02-2009 - OH)
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Bob Chambers, et al. v. John O'Quinn, John M. O'Quinn, P.C., and John M. O'Quinn d/b/a O'Quinn & Laminack
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This suit was brought by former clients, Bob Chambers and 182 others (“appellants”), against John O’Quinn, John M. O’Quinn, P.C., and John M. O’Quinn D/B/A O’Quinn & Laminack (“appellees”), for legal malpractice. Appellants appeal from the trial court’s orders dismissing their suit for want of prosecution and overruling their motion for reinstatement and new trial. In t... More... $0 (10-02-2009 - TX)
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Carts & Parts, Inc. v. Antonio L. Rosales
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¶1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re... More... $0 (10-01-2009 - OK)
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Patricia Vice and Kathie Slotter v. Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak
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In this defamation suit, appellants, Patricia Vice and Kathie Slotter, bring an interlocutory appeal challenging the trial court's order that denied their summary judgment motion in favor of the appellees, Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak. In nine issues, Vice and Slotter argue that the trial court erred in denying summary judgment on three publications because (... More... $0 (10-01-2009 - TX)
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Chrystal D. Lunde v. American Family Mutual Insurance Company
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American Family Mutual Insurance Company appeals the circuit court's judgment in garnishment in favor of Chrystal Lunde arising from a default judgment. American Family contends that the circuit court erred in: (1) finding that Carol Scardacci's bankruptcy filing had no effect on the default judgment, and (2) finding that the insurance policy required American Family to pay post-judgment interest.... More... $0 (09-29-2009 - MO)
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Kimberly Payne v. US Airways, Inc., Michael Cline, Tony Stanley and Deb Ansaldi
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Plaintiff appeals from a superior court order granting summary judgment to defendant Michael Cline on plaintiff’s claims that he is not personally liable to her for acts of discrimination and retaliation under the Vermont Fair Employment Practices Act (VFEPA) and the Workers’ Compensation Act (WCA). The central issues on appeal are whether the acts provide a right of action against a coemploy... More... $0 (09-25-2009 - VT)
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